BYU Copyright Blog

SEPTEMBER 6, 2021

(“Lehren”), claiming that Lehren copied “significant portions” of its website.Since then, Lehren has responded to these allegations. On June 13, 2021, Lehren filed its Answer wherein it admitted that it “copied a limited amount of text.” We will follow this lawsuit and provide updates as they become available.

Copying 52

Copying Fair Use Advertising Advertising 52

TorrentFreak

JUNE 13, 2023

According to some, the lawsuits’ main objective is to collect settlement payments and default judgments. ” No Troll The argument that the company simply pursues these cases to collect settlements isn’t sufficient either. .” — A copy of U.S. Magistrate Judge Michael E.

Settlement 145

Settlement Copyright Copyright Infringement Privacy 145

TorrentFreak

DECEMBER 11, 2023

Targets are encouraged to pay settlements to ensure these legal problems go away. The ability to recover damages for infringements that occurred an arbitrarily long time ago, as long as litigation is begun within three years of discovery, expands the opportunities to seek nuisance-value settlements against numerous internet users.

Copyright 129

Copyright Copyright Infringement Settlement Music 129

TorrentFreak

SEPTEMBER 23, 2021

These entities have previously sued individual file-sharers in various courts to extract easy settlements. Until now, Plaintiffs’ modus operandi has been to file John Doe lawsuits in the hope of securing quick settlements and to dismiss them at the slightest resistance.” — A copy of Wow!’s However, Wow!

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Settlement Copyright Infringement Copyright Music 144

TorrentFreak

OCTOBER 22, 2021

Some of the companies involved have previously gone after individual pirates from which they obtained settlements, and the ISP puts them in the “copyright troll” corner, a label the filmmakers have previously rejected. “Plaintiffs and Maverickeye are part of a well-known web of copyright trolls.

Copyright 139

Copyright Copyright Infringement Settlement IP 139

Technology & Marketing Law Blog

JANUARY 9, 2022

When the symbols “include something in addition to common tropes and shapes,” and even then, the registrations should only preclude verbatim copying. GmbH as potentially a trademark troll due to their high litigation volume and dubious litigation tactics. Dear [smiley]” formed a settlement agreement.

Law 145

Law Registration Settlement Litigation 145

JIPL Online

MARCH 15, 2021

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. SETTLEMENT CASES. 9] Both parties reached an amicable settlement. [10] 9] Both parties reached an amicable settlement. [10]

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

Copyright Lately

OCTOBER 27, 2024

But this time, Hadid didn’t settle or litigate. And while the vast majority of these photo cases settle early, in my experience, copyright plaintiffs recently have been looking to extract increasingly steep settlements for the privilege of avoiding litigation. Single-photo settlements are rarely that low.

Copyright 76

Copyright Settlement Social Media Confidentiality 76

TorrentFreak

AUGUST 15, 2022

Shortly after the settlement was announced, MarkMonitor asked the court to make sure that sensitive evidence doesn’t see the light of day. — A copy of MarkMonitor’s request to return or destroy the sealed documents is available here (pdf) and Cox’s response can be found here (pdf).

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Confidentiality Settlement Copying Litigation 145

SpicyIP

SEPTEMBER 18, 2023

Therefore, this essentially means that if the ex-parte ad-interim injunction is not granted on the first date of hearing, the aggrieved party may have to wait for a relatively long period of time to get a post-notice hearing where he or she gets a chance to secure an ad interim injunction against the sale of the similar / copied products.

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Cease and Desist Intellectual Property Law Settlement Copyright Infringement 115

Technology & Marketing Law Blog

JUNE 8, 2024

” That prompted this litigation. Still, there should be many circumstances where descriptive fair use permits the defendant to use the term “Texas tamale” in the ad copy. 1-800 Contacts * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. ” Uh oh.

Trademark 129

Trademark Advertising Advertising False Advertising 129

TorrentFreak

OCTOBER 20, 2022

The initial verdict was overturned, with BMG and Cox later reaching a confidential settlement. In any case, the trial will continue, with or without the “innocent infringer” and “Cox litigation” evidence. At the time of writing, there’s no public court order on the record labels’ requests.

Copyright Infringement 140

Copyright Infringement Music Settlement Copyright 140

Technology & Marketing Law Blog

NOVEMBER 28, 2022

To many trademark owners, it’s a simple decision to sue when the advertiser includes the trademark in the ad copy. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. OxBlue. * Want To Know Amazon’s Confidential Settlement Terms For A Keyword Advertising Lawsuit?

Advertising 111

Advertising Advertising False Advertising Trademark 111

IP Tech Blog

MAY 17, 2023

And the WGA has said that its writers’ using AI as a tool is acceptable: There would essentially be a robot in the writers’ room with writers supplementing their craft with AI-generated copy, but without AI wholly usurping their jobs. Can you DMCA or sue someone who copies that?

Art 104

Art Copyright Copying Technology 104

TorrentFreak

JANUARY 2, 2024

The company first launched a proactive lawsuit against music rights group BMG in 2016, which ended in a settlement. “As a result, Plaintiffs request to join Screen Media and its 320+ copyrighted works to this litigation is denied,” Judge Bongiovanni added.

Copyright Infringement 121

Copyright Infringement Copyright Litigation Settlement 121

TorrentFreak

JANUARY 7, 2022

The Delaware company collected settlements from U.S. “Rightscorp refused to provide access to its databases and instead offered to create a new database, solely for purposes of this litigation and only containing data that Rightscorp deems relevant to RCN,” the ISP informed the court. Rightscorp Evidence.

Music 145

Music Licensing Business Settlement 145

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. This is a preview of the future of CCB litigation…CAN’T WAIT!

Copyright 124

Copyright Copying Copyright Infringement Copyright Law 124

TorrentFreak

AUGUST 6, 2024

According to Cox, this settlement might suggest that more is going on, but when it pointed this out to the court in 2022, requesting ‘relief from judgment’, the court denied its Rule 60 motion. “Cox lost this case, in a fairly litigated trial where it had every opportunity to defend itself,” the labels write.

Music 118

Music Copyright Infringement Copying Copyright 118

Technology & Marketing Law Blog

DECEMBER 15, 2021

The Lenz case got a lot of press, but it ended with a confidential settlement. To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. The 512(f) plaintiff wins after 3 years of litigation and a bench trial. As a result, we’ve seen very, very few successful 512(f) enforcements.

Registration 132

Registration Fair Use Copyright Designs 132

TorrentFreak

NOVEMBER 29, 2021

Ever since it’s been technically possible to distribute pirated copies of movies and TV shows online, the Motion Picture Association has been attempting to stop it. Indeed, the groups do seem to prefer confidential settlements and controlled shutdowns when it is deemed appropriate.

Copyright Infringement 141

Copyright Infringement Social Media Reporting Television 141

TorrentFreak

AUGUST 19, 2022

The legal battle between the American video game developer Bungie and AimJunkies.com is one of the most litigated cases thus far. The case initially seemed set for a quick settlement but the parties failed to reach an agreement. — A copy of U.S. AimJunkies argued that cheating isn’t against the law.

Copyright Infringement 98

Copyright Infringement Copyright Copying Settlement 98

TorrentFreak

APRIL 3, 2022

courts, collecting millions of dollars in settlements. Not too long ago Malibu was one of the most active anti-piracy litigants in the U.S., — A copy of the email, signed by both Mrs. Pelissier and Mr. Field, is available here (pdf). but in recent years this activity ground to a halt.

Copyright 142

Copyright Settlement Copying Art 142

Technology & Marketing Law Blog

AUGUST 30, 2021

But much like George Washington’s army, even though Flo & Eddie lost many individual battles, they ultimately won the war, as their quixotic litigation campaign prompted Congress to grant protection to pre-1972 sound recordings equivalent to that provided to newer sound recordings under federal copyright law.

Blogging 98

Blogging Copyright Settlement Ownership 98

TorrentFreak

AUGUST 16, 2021

To support this claim, the movie companies turn to evidence handed to them as part of a settlement deal with the operator of the YTS torrent site. allegedly distributed multiple copies of the movies After, Hellboy and Angel Has Fallen. The Grande subscriber behind 66.196.3.46 Grande Was Given The Chance To Avoid a Lawsuit.

Copyright Infringement 143

Copyright Infringement IP Copyright Reporting 143

Technology & Marketing Law Blog

AUGUST 30, 2023

The litigants directly compete. 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. 1-800 Contacts * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

Advertising 98

Advertising Advertising False Advertising Trademark 98

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

Troia wasn’t offering any services at all, but also, note the ad copy–the headline says “horror story” and the text says “They abruptly fired me,” which were pretty good tipoffs to consumers of what they should expect at the link. To marketplace alternatives that they independently discover and vet?

False Advertising 129

False Advertising Advertising Advertising Trademark 129

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. Whether State Farm will settle this dispute or continue to litigate remains to be seen.

Fair Use 101

Fair Use Copyright Artwork Social Media 101

43(B)log

MARCH 1, 2022

Amount/substantiality: Accepting his allegation that the passage was the heart of the work, the court saw no need to separately address his argument that the separate registration meant that the school district copied the “whole” work. If that were all, copying the WIN Passage would be qualitatively significant. NXIVM Corp.

Fair Use 90

Fair Use Social Media Licensing Marketing 90

TorrentFreak

SEPTEMBER 15, 2021

In some cases, people will opt to pay a settlement fee, which over hundreds or even many thousands of threats, can amount to a significant new revenue stream for the movie company. Warning Signs Appeared a Few Months Ago. The precise amount is not detailed but it is likely to be many hundreds of pounds and possibly more.

Settlement 98

Settlement Copyright IP Reporting 98

Technology & Marketing Law Blog

OCTOBER 9, 2024

Whatever legal ambiguity might have existed then has been decisively resolved, at least with respect to competitive keyword ads that don’t use the trademark in the ad copy. Warby Parker, part of 1-8oo Contacts’ irrepressible efforts to revive the litigation genre. Actual Confusion.

Advertising 98

Advertising Advertising Trademark False Advertising 98

Technology & Marketing Law Blog

JULY 18, 2023

Genius planted tiny mistakes in some of the lyrics it posted, and once those appeared in Google’s information boxes, it argued that Google copied lyrics from Genius. Genius’s “browsewrap,” however, prohibits copying for commercial use, and Genius sued Google for breach of contract.

Blogging 98

Blogging Contracts Copyright Law Copyright 98

TorrentFreak

NOVEMBER 23, 2023

Bungie previously won several lawsuits against cheaters, either by default or through confidential settlements, but AimJunkies assigns little value to these achievements. — A copy of the opening brief, filed by AimJunkies and the other appellants at the U.S. However, AimJunkies sees things differently.

Cease and Desist 134

Cease and Desist Copyright Infringement Copyright Intellectual Property 134

Kluwer Copyright Blog

SEPTEMBER 13, 2023

Proponents argued that the CCB would offer rightsholders a low-cost, efficient alternative to litigation in federal courts (which can easily cost over $100,000 to litigate), allowing small creators to more effectively defend their rights. Deal (another known and aggressive serial copyright litigant).

Copyright 76

Copyright Litigation Copying Journalism 76

IP and Legal Filings

FEBRUARY 15, 2022

The cause of action in the original suit was the alleged breach of a settlement with the plaintiff, caused by the defendant’s continued use of the plaintiff’s trademark in advertisements on the big search engine. The defendant in their motion of attorney’s fees argued that the plaintiff unreasonably litigated the case.

Litigation 78

Litigation Advertising Advertising Settlement 78

TorrentFreak

APRIL 6, 2023

Until now, Plaintiffs’ modus operandi has been to file John Doe lawsuits in the hope of securing quick settlements and to dismiss them at the slightest resistance,” they wrote. — A copy of Judge Domenico’s order on the motion to dismiss in the WOW! lawsuit is available here (pdf).

Copyright Infringement 138

Copyright Infringement IP Copyright Reporting 138

Technology & Marketing Law Blog

JUNE 29, 2022

1-800 Contacts’ keyword ad litigation campaign went on hiatus during the pendency of the FTC enforcement. With that resolved, 1-800 Contacts reverted to its old litigation tricks–and is getting the same futile outcomes. OxBlue. * Want To Know Amazon’s Confidential Settlement Terms For A Keyword Advertising Lawsuit?

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Trademark Advertising Advertising Blogging 111

Technology & Marketing Law Blog

JANUARY 8, 2024

the rival included ad copy telling consumers they were buying the trademark owner’s items when they weren’t. In that time, the parties have waged innumerable formal battles over seemingly everything available to parties in civil litigation: countless discovery disputes, motions for sanctions, and two rounds of summary judgment.

Trademark 98

Trademark Advertising Advertising False Advertising 98