Copyright Lately

SEPTEMBER 29, 2024

The court noted that determining whether a use is de minimis involves both quantitative and qualitative assessments—how much of the copyrighted material was copied and how significant that copying was. The court found it plausible that State Farm’s unlicensed use of the Crystal Castles artwork could impact this licensing business.

Fair Use 109

Fair Use Copyright Artwork Social Media 109

43(B)log

JANUARY 27, 2023

26, 2022) [much other stuff skipped] The parties had a false advertising dispute that went to a jury, which found that FIGS wasn’t liable for falsely advertising the antimicrobial properties of its scrubs. FIGS’ alleged copying of SPI’s products was not relevant to false advertising.

False Advertising 59

False Advertising Advertising Advertising Publishing 59

43(B)log

OCTOBER 12, 2022

The defendant was initially given “complete and exclusive licensing rights in and to [the selected mares] and all cloned foals.” The Lanham Act claims were styled as false association, “false association with celebrity status,” false designation of origin, and false advertising.

False Advertising 59

False Advertising Advertising Advertising Ownership 59

The IPKat

JUNE 13, 2022

Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark. For example, the owners of the famous “ Grumpy Cat ” meme licensed the use of the name, image and likeness of the cat – and successfully enforced these rights.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

Technology & Marketing Law Blog

AUGUST 30, 2023

It would be accurate to classify this ruling as another trademark owner loss in a competitive keyword advertising case, despite the fact that the trademark appears in the ad copy. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. ” Purchaser care. That is the most common outcome.

Advertising 98

Advertising Advertising False Advertising Trademark 98

43(B)log

DECEMBER 23, 2022

Although expressing some skepticism, the court found that they stated a valid false advertising claim. But buying a limited-time license to stream a digital copy of Yesterday was neither a tangible good nor a service under the CLRA. UCL: Under the unlawful prong, an ad must violate another “borrowed” law to be actionable.

False Advertising 72

False Advertising Advertising Advertising Social Media 72

The IPKat

JANUARY 18, 2023

The claim is for trade mark infringement, unfair competition, false advertising, cybersquatting, and other cause of actions before the Central District of California. In this post, the most interesting parts of Ryder Ripps’ answer, defence and counterclaim , filed on December 27, 2022 will be analyzed.

Artwork 83

Artwork Contracts Art False Advertising 83

43(B)log

AUGUST 18, 2021

were valid and infringed, but the latter wasn’t counterfeited; SMRI’s dilution victory was vacated, but not its victories on deceptive trade practices, ACPA, false advertising, and unfair competition. It also stopped using “Officially Licensed Sturgis,” “Licensed Sturgis,” and “Authentic Sturgis.” SMRI had unclean hands.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

43(B)log

JANUARY 17, 2023

As part of preliminary discussions with Vubiquity about a distribution agreement for iTunes, LW provided master copies of all 60 episodes, but no agreement was ever reached. False advertising: Sybersound Recs., Nonetheless, Vubiquity allegedly uploaded the series to iTunes for sale and download. 3d 1137 (9th Cir.

False Advertising 59

False Advertising Ownership Copyright Copying 59

43(B)log

OCTOBER 5, 2021

8, 2021) When a false advertising case starts this way, you can guess how it will end: “Market competition is good. Competitors are free to copy successful products as long as they do not steal, lie, or mislead.” I find it implausible that trained, licensed pharmacists are fooled. Sebela Pharmaceuticals Inc.

False Advertising 45

False Advertising Advertising Advertising Copying 45

43(B)log

MARCH 10, 2023

24, 2023) Previous decision here —really interesting attack on internet arbitrage; defendant copied Krikor’s eBay memorabilia photos and listed the memorabilia on its own site with a markup; anyone who bought from defendant would actually have defendant buy from Krikor and drop-shipped to the purchaser. Nor was the use of the photos fair use.

False Advertising 45

False Advertising Advertising Advertising Copying 45

43(B)log

AUGUST 17, 2021

Plaintiffs sued for false advertising and false endorsement under the Lanham Act, violation of their right to publicity, deceptive trade practices under New York GBL Section 349, and defamation. 2021), which considered all these claims except for false advertising. The court was guided by Electra v. 3d 233 (2d Cir.

Social Media 45

Social Media False Advertising Advertising Advertising 45

43(B)log

MAY 22, 2023

May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. The district court concluded that plaintiffs’ false endorsement claims were foreclosed by Electra v.

Social Media 49

Social Media False Advertising Advertising Advertising 49

IP and Legal Filings

SEPTEMBER 21, 2021

Additionally, a brand can also license a trade dress in order to obtain monetary advantages. Section 43(a) of the Lanham Act specifically deals with the statutory remedies that are available for false advertising. In order to reap the benefits of having a unique trade dress, it is imperative to legally protect it.

Law 52

Law Branding Brands Branding 52

43(B)log

DECEMBER 1, 2022

The agreement granting CMT a license to broadcast that program does not mention Plaintiffs. But Plaintiffs contend they ‘verbally’ licensed their trademark to Kenny Chesney and the company that represents him, Blue Chair Bay Records, and then Blue Chair Bay Records sublicensed the rights to Viacom for the broadcast on CMT.”

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

SpicyIP

DECEMBER 30, 2023

This will potentially impact the copyright licensing landscape insofar as filmmakers will have to enter into dedicated agreements to claim protection for works not listed within the scope of Section 17. Microsoft Technology Licensing v. the licensee. The judgement was authored by Justice C. Telefonaktiebolaget LM Ericsson (PUBL) v.

IP 124

IP Copyright Trademark Intellectual Property 124

IIPRD

AUGUST 4, 2022

There are several reasons why intellectual property (IP) may be particularly helpful in this digital age, including: Avoid having your original material copied. False advertising should be avoided when defaming a product. Other reasons why Intellectual Property Rights are essential for your online material.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

43(B)log

AUGUST 3, 2023

Are the outputs copies of the training data? Copying takes place prior to training; converted into tokens and training is a process of adjusting weights in the model, not copying tokens. Sheff: What about licensing/merchandising in this system? But is generative AI really the same?

Social Media 40

Social Media Fair Use Advertising Advertising 40

43(B)log

FEBRUARY 24, 2021

Regulator will impose “conditions of service,” though not quite traditional broadcaster licensing. Certain procedural requirements: must be able to see & save a copy of the disclosures/contract w/in 15 days, via email receipt for example. Jose Antonio Arochi: Mexico doesn’t have specific regulations.

Advertising 40

Advertising Advertising Law Privacy 40

43(B)log

DECEMBER 18, 2024

After the first Oracle lawsuit in 2010, the court found that Rimini infringed Oracles copyrights by engaging in cross-use and creating copies of Oracles materials on Riminis computer systems. Thus, based upon requires copying of the kind exhibited in translations, movie adaptations, and reproductions. The text starts with examples.

Derivative Work 98

Derivative Work Copying Ownership Licensing 98

43(B)log

FEBRUARY 25, 2023

We could do things like market share analysis—but TM might not try to prevent copying others’ TMs in general. Vintage Brand case: court asks whether consumer belief about sponsorship/licensing should be taken seriously or should be considered a legal conclusion about licensing. This isn’t wholly empirical.

Trademark 72

Trademark Marketing Marketing Advertising 72

43(B)log

FEBRUARY 19, 2022

licensing) for roles. Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. If something isn’t protected by IP, it’s free for copying. We like copying! Confusion is what we try to avoid, not copying. Law can shape roles: set exit and entry conditions (e.g.

Law 91

Law Branding Brands Branding 91