Technology & Marketing Law Blog

MARCH 29, 2023

At an initial conference on January 23, 2023, the parties reached a settlement and asked to dismiss the claim. The fourth factor, impact on the market place, was addressed by Prutton, with the defense that Oppenheimer never licensed the photograph. Prutton claims that Oppenheimer was unreasonable in settlement negotiations.

Blogging 105

Blogging Fair Use Copyright Copyright Notice 105

Technology & Marketing Law Blog

AUGUST 30, 2021

The ruling overturns a “seismic” district court ruling from 2014 that I wrote about in a previous blog post , one that “threaten[ed] to undo a 75-year-old consensus that state law does not provide a public performance right for sound recordings.” See my previous blog post on the New York ruling.) Flo & Eddie, Inc. Background.

Blogging 98

Blogging Copyright Settlement Ownership 98

Technology & Marketing Law Blog

SEPTEMBER 20, 2021

With the defendants’ accounts frozen (which can affect things like the defendants’ ability to list new products or access the cash in their account, even if those activities are unrelated to the alleged infringement), the defendants are desperate to quickly resolve the matter via a settlement. A Law360 story on this case.

Trademark 145

Trademark Fair Use Settlement Blogging 145

Technology & Marketing Law Blog

JULY 18, 2023

Second, zooming out further, the case revolves around a topic covered on this blog routinely: data scraping. Google (Guest Blog Post) appeared first on Technology & Marketing Law Blog. A matter that is likely to receive even more attention going forward with the increased importance of generative AI.

Blogging 98

Blogging Contracts Copyright Law Copyright 98

IPilogue

OCTOBER 26, 2021

percent of the total Java source code, and it does not diminish Java’s marketability since Android is used in different platforms (i.e., Google wanted to attract as many programmers as possible to develop smartphone apps on Android, thereby furthering copyright’s creativity objectives. In addition, Breyer J. smartphones). .

Copyright Infringement 111

Copyright Infringement Copyright Fair Use Settlement 111

Technology & Marketing Law Blog

JANUARY 4, 2023

Thus, the court says simply, “The plaintiff’s allegations concerning the union’s blog fall within the editorial functions that have been afforded immunity under § 230, and therefore the defendants are immune from liability as interactive computer service providers.” Case Citation : Desilet v. Superior Ct.

Blogging 105

Blogging Settlement Marketing Marketing 105

Technology & Marketing Law Blog

JANUARY 9, 2022

Dear [smiley]” formed a settlement agreement. The post 2021 Emoji Law Year-in-Review appeared first on Technology & Marketing Law Blog. Courts still denigrate emoji evidence. REM Staffing , 1:20-cv-00235 (N.D. May 10, 2021), the district court recounted how an email saying “Yes, I accept.

Law 145

Law Registration Settlement Litigation 145

Technology & Marketing Law Blog

MARCH 7, 2022

Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” For more details, see the section “A Brief History of Copyright Registration” in my previous blog post.). 881 (2019), and my previous blog post. Factual and Procedural Background.

Registration 98

Registration Blogging Copyright Designs 98

TorrentFreak

NOVEMBER 20, 2021

Actioned under Section 97A of the Copyright, Designs and Patents Act 1988, blocking injunctions are executed by the major ISPs, who together control the vast majority of the market. In many cases, these facilitate access to major players such as torrent sites RARBG and EZTV or release blogs such as SCNSRC. Sign up today!”

Marketing 135

Marketing Marketing Settlement Copyright 135

Technology & Marketing Law Blog

MARCH 9, 2023

With substantial assistance from judges, rightsowners use these dynamics to extract settlements from online vendors without satisfying basic procedural safeguards like serving the complaint and establishing personal jurisdiction over defendants. I would welcome yours.

IP 105

IP Intellectual Property Journalism Settlement 105

Technology & Marketing Law Blog

JUNE 6, 2022

I blogged about these volume limits in a prior post , when the Copyright Office proposed allowing only 10 cases per year per plaintiff. Some of the things I worry about the most: the low filing cost and simplified procedures will invite unmeritorious claims that will prompt defendants to accept low-value settlements rather than fight.

Copyright 142

Copyright Registration Settlement Law 142

Technology & Marketing Law Blog

JULY 25, 2021

If they really wanted to build their business, they could have invested that money into marketing instead of legal fees. Consistent with that, Aliign is spending more marketing dollars to appeal this lawsuit to the Ninth Circuit. OxBlue. * Want To Know Amazon’s Confidential Settlement Terms For A Keyword Advertising Lawsuit?

Advertising 111

Advertising Advertising Settlement Trademark 111

SpicyIP

FEBRUARY 17, 2025

Additionally, it is right-holder centric favouring authors and encouraging them to control the use of their works in new markets. Granules India, the Delhi HC recorded a settlement after Granules’ undertaking for exemption under Section 107A a.k.a the Bolar provision. Defendant No.

Trademark 59

Trademark Copyright Registration Personality Rights 59

Technology & Marketing Law Blog

OCTOBER 6, 2023

McGucken is a professional photographer who has appeared on the blog before. I’m sure ShutterStock would have written a $2,131 settlement check to avoid the litigation. ShutterStock appeared first on Technology & Marketing Law Blog. Is the attorneys’ fee shift motivating some or all of this lawsuit?

Licensing 98

Licensing Blogging Settlement Litigation 98

Technology & Marketing Law Blog

MARCH 8, 2024

As a super-notice, it can produce cash payouts from settlements or default judgments (which are enforced against the cash held at the online marketplace, so they have actual value). StopTheSADScheme Prior Blog Posts on the SAD Scheme Judge Reconsiders SAD Scheme Ruling Against Online Marketplaces–Squishmallows v. Alibaba N.D.

Trademark Law 111

Trademark Law Trademark IP Blogging 111

Technology & Marketing Law Blog

MARCH 3, 2022

” Most courts have rejected the fair use defense that secondary usages provide beneficial marketing for the copyright owner. .” ” Most courts have rejected the fair use defense that secondary usages provide beneficial marketing for the copyright owner. ” Amount Taken. This case is another in the line.

Fair Use 116

Fair Use Marketing Marketing Litigation 116

TorrentFreak

JULY 9, 2022

Several of these lawsuits have ended in settlements, where some VPNs services agreed to block notorious pirate sites or BitTorrent traffic on US-based servers. While not all VPN services are bad apples, VeePN is allegedly using pirates’ fear of getting caught as a marketing strategy. “Barely 3 months after VPN.HT

Advertising 142

Advertising Advertising Copying Trademark 142

Technology & Marketing Law Blog

SEPTEMBER 12, 2022

Banks appeared first on Technology & Marketing Law Blog. Texas A&M (TAMU) does medical experiments on dogs. PETA objects to these experiments and commented on TAMU’s social media pages. TAMU blocked PETA, which led to a prior lawsuit that settled. Banks, 2022 WL 4021938 (S.D.

Government 111

Government Social Media Settlement Blogging 111

SpicyIP

MAY 17, 2023

India, which has featured in this list multiple times in the past, (as highlighted on the blog by different authors over the years) finds its position in the list yet again, for remaining as “one of the world’s most challenging major economies with respect to protection and enforcement of IP”. 56, para 3). 59, para 1). 56, para 3).

Reporting 137

Reporting Intellectual Property Patent Application Intellectual Property Law 137

JIPL Online

MARCH 15, 2021

1] This blog will briefly summarize a few of the notable copyright infringement cases Netflix has defended against in the United States. Then, the post will predict how Netflix may shift its content practices, defense strategies, and settlement tactics as a result of their past litigation successes in copyright actions. TRIAL CASES.

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

Technology & Marketing Law Blog

DECEMBER 4, 2023

The court implies that Roblox should have just accepted a low-value settlement and moved on, but Roblox has the right to adjudicate its case. But Roblox didn’t want to release the larger freeze because it’s key to extracting an undeserved settlement amount. Nevertheless, Roblox went too far. Bigfinz , 2023 U.S.

Settlement 116

Settlement Blogging Trademark Law 116

JIPL Online

APRIL 9, 2021

With this brief background in mind, this blog post explores the implications of copyright protection of memes. In this blog I argue that copyright protection of the content underlying memes does not matter because of the relative weakness of enforcement mechanisms for copyright infringement of this scale. 29, 2013), [link]. [ii]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Technology & Marketing Law Blog

APRIL 11, 2022

Snapchat could take this hint and pursue a settlement. Snap appeared first on Technology & Marketing Law Blog. .” I could almost hear the judge asking Snapchat “what were you thinking?” ” in releasing a speed filter to Snapchat’s youthful audience. –Lemmon v.

Social Media 130

Social Media Design Designs Publishing 130

Technology & Marketing Law Blog

FEBRUARY 12, 2024

We’ve blogged some of his cases before ( 1 , 2 ), including the lower court ruling in this case. ” Market Effect. Further, “if IJR’s challenged use becomes uninterrupted and widespread,” it hurts Philpot’s potential market of licensing to media outlets. Larry Philpot is a repeat copyright plaintiff.

Fair Use 105

Fair Use Licensing Copyright Marketing 105

Technology & Marketing Law Blog

DECEMBER 5, 2023

This blog post tracks the Goorin Bros. The real money is in quick defendant settlements forced by the freezes on the merchants’ accounts, and that action occurs extrajudicially immediately following issuance of the ex parte TRO. In very similar opinions, Judge Seeger explained why defendant sealing is inappropriate.

Settlement 98

Settlement Blogging Law Litigation 98

IPilogue

OCTOBER 20, 2021

Beijing made these promises on behalf of political trades, speaking on behalf of the Chinese economic market without considering what private entities may do in the future. Concluding the war between Xiaomi and InterDigital, the two companies have reached settlements. Importance.

Intellectual Property 104

Intellectual Property Settlement IP Technology 104

IPilogue

AUGUST 24, 2022

The second kind, private parties, often use the patents they acquire for profit through damage or settlement awards, or royalties and licensing rights. For example, a patent that is rejected by an NPE for purchase may implicitly tell companies that their patent is not strong or not seen to be in line with market trends.

Litigation 105

Litigation Patent Troll Patent Technology 105

Technology & Marketing Law Blog

NOVEMBER 28, 2023

With substantial assistance from judges, rightsowners can use these dynamics to extract settlements from online merchants without satisfying basic procedural safeguards like serving the complaint and establishing personal jurisdiction over defendants. The Piece concludes with some ideas about ways to curb the system.

Publishing 69

Publishing Intellectual Property IP Litigation 69

IPilogue

JANUARY 24, 2022

As part of the course requirements, students were asked to write a reflective blog on their internship experience. As Teva markets both brand name and generic products, it also both defends and challenges the validity of patents. As I allude to in the title of this blog—it’s a small world in big pharma.

Intellectual Property 81

Intellectual Property Branding Branding Brands 81

Technology & Marketing Law Blog

JULY 26, 2021

Expect copyright owners, especially photographers upset about online republications of their photos, to send out a high volume of threats to bring CCB proceedings coupled with “modest” settlement offers that defendants may view as cheaper than gambling on potentially $30,000 in damages.

Copyright 142

Copyright Law Registration Copyright Infringement 142

IPilogue

DECEMBER 23, 2021

American-made guitars had largely dominated the market in the 50s and 60s. The case was never heard, as the two companies reached a private settlement outside of court in 1978. However, the mid-70s brought in a host of new, Japanese-made guitars that ( some venture to say ) surpassed the quality of their US competition.

Music 105

Music Design Designs Settlement 105

IPilogue

APRIL 21, 2022

On appeal in federal court, the parties reached a settlement of $6 million dollars and Airbnb avoided admitting liability. These emerging class actions demonstrate how case law can help adapt statutes to changing sale environments and serve as an expensive warning to retailers that hide fees to better market products online.

Settlement 117

Settlement Law Advertising Advertising 117

BYU Copyright Blog

MARCH 21, 2022

Our last blog post on the Bell v. Finally, the court turned to the fourth factor which looks at the effect of the use on the market for the copyrighted work. Winning isn't normal. This is a lesson that even the quote's author had to learn.twice.

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Fair Use Settlement Blogging Copyright 75

Nelligan Law

FEBRUARY 20, 2024

Factors such as the intent and character of the use, the nature of the copyrighted work, the quantity and substance of the portion utilized, and the impact of the use on the potential market for the original work must be meticulously weighed. Conversely, the confidential settlement reached in S. Victor Whitmill vs. Warner Bros.

Copyright 105

Copyright Fair Use Copyright Law Settlement 105

Technology & Marketing Law Blog

JANUARY 24, 2024

The last time we blogged this case , the district court had sided with JLM, initially restricting Gutman’s use of the social media accounts and then awarding control over the accounts to JLM. Gutman appeared first on Technology & Marketing Law Blog. Case citation : JLM Couture, Inc. Gutman , 2024 WL 172609 (2d Cir.

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Social Media Ownership Designs Design 105

Technology & Marketing Law Blog

JUNE 11, 2022

A photo of the Indianapolis nighttime skyline has generated $825 in license fees & $135k in settlements. After 3+ yrs of litigation, court awards Bell $200 in statutory damages–but actually $0 due to a related settlement. 26, 2021). This is a preview of the future of CCB litigation…CAN’T WAIT!

Copyright 124

Copyright Copying Copyright Infringement Copyright Law 124

Technology & Marketing Law Blog

FEBRUARY 24, 2022

[I published this post initially on the Association of Research Libraries blog in celebration of Fair Use Week 2022. The post How Fair Use Helps Bloggers Publish Their Research (Cross-Post) appeared first on Technology & Marketing Law Blog. Prayers for Ukraine.].

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Fair Use Publishing Copyright Infringement Journalism 59