TorrentFreak

MAY 17, 2022

Long before the advent of legitimate online video streaming services, torrent sites and similar platforms allowed users to download and keep copies of movies and TV shows. Aside from living up to the significant functional claims in its marketing, the big questions revolve around legality. Subscriber Agreements.

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Copying Social Media Licensing Technology 113

Patent Trademark Blog

JANUARY 25, 2024

How to take down Amazon seller listings that copy your products You have invested a great deal of time and money to develop your products. Now you’re being copied by others. What can you do to take down Amazon seller listings of copy products? The goal is to win and shut down listings of copy products on Amazon.

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TorrentFreak

OCTOBER 19, 2022

Earlier this month, several prominent copyright holder groups sent their annual “notorious markets” recommendations to the U.S. Government uses these documents as input for its yearly review of notorious piracy markets, which aims to provide an overview of threats to various copyright industries. Trade Representative (USTR).

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43(B)log

JULY 23, 2024

Eric Goldman and I are pleased to announce the seventh edition of our casebook, Advertising & Marketing Law: Cases & Materials. Paperback buyers can get a free PDF file by emailing me a copy of their receipt showing which edition they bought. It is available for purchase in the following formats: * DRM-free PDF file.

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TorrentFreak

FEBRUARY 1, 2023

Every year, the Office of the United States Trade Representative ( USTR ) publishes a list of ‘notorious markets’ that facilitate online piracy and related intellectual property crimes. 2022 Notorious Markets Review Yesterday, the USTR published its 2022 Review of Notorious Markets.

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Marketing Marketing Social Media Reporting 118

LexBlog IP

JUNE 26, 2023

. (“JSC”) against Trendily Furniture, LLC, Trendily Home Collection, and Raul Malhotra (collectively, “Trendily”) finding Trendily liable for trade dress infringement for willfully copying, manufacturing, and selling identical JSC furniture pieces. Trade dress is not intrinsically protectable. Trendily appealed.

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Technology & Marketing Law Blog

AUGUST 19, 2024

The Eleventh Circuit agrees, quietly dismissing the case in an unpublished opinion. * * * The short opinion addresses the copying-in-fact element, sidestepping the possibly more interesting copyrightability, wrongful copying, and fair use questions. Cattelan appeared first on Technology & Marketing Law Blog.

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Hugh Stephens Blog

JANUARY 7, 2024

Image: Shutterstock There has been lots of ink spilled over the issue of Artificial Intelligence (AI) developers free riding on the backs of creators by copying and ingesting their content without permission to produce AI “created” content, output that sometimes competes directly in the market with the original work.

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TorrentFreak

FEBRUARY 18, 2022

In its yearly “Out-of-Cycle Review of Notorious Markets”, the United States Trade Representative (USTR) lists a few dozen websites said to be involved in piracy or counterfeiting. The music industry nominated several stream-rippers as notorious markets and FLVTO.biz, 2Conv.com, and MP3Juices.cc Music, Games, Books, and Science.

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TorrentFreak

JANUARY 4, 2022

Despite a reported development and marketing budget in excess of $100m, Genshin Impact is free to play but is monetized via gacha game mechanics. Mid-December a new release appeared on the forum titled ‘Genshin XYZ’, a piece of software that works with open-world action role-playing game Genshin Impact.

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Copying Copyright Infringement Intellectual Property Copyright 140

43(B)log

MAY 19, 2023

Wowwee sells a line of dolls called “My Avastars,” which plaintiffs allege were “copied directly from Roblox’s Classic Avatars.” Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform. And defendants’ dolls were “virtually identical” in shape to Roblox’s avatars.

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Copying False Advertising Social Media Advertising 94

JD Supra Law

JUNE 26, 2023

(“JSC”) against Trendily Furniture, LLC, Trendily Home Collection, and Raul Malhotra (collectively, “Trendily”) finding Trendily liable for trade dress infringement for willfully copying, manufacturing, and selling identical JSC furniture pieces.

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The IPKat

NOVEMBER 11, 2022

You may not love Asian carp, but you will hopefully love copi (and will give the fish a try at your favorite restaurant, thereby preventing ecological disaster). This recasting was done by a Chicago marketing company, Span Studio , which came up with a new name for the fish—"copi". There may be a lot to this change of name.

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SpicyIP

FEBRUARY 7, 2024

A Case of ‘Smart Copying’: ‘Peace Maker’ Restrained from Imitating ‘Officer’s Choice’ Do you enjoy your whiskey? The court’s analysis here worked on the same logic and highlighted the potential confusion it may cause in the market. Would you mix up these two labels: Officers choice and Peace Maker? image below).

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LexBlog IP

DECEMBER 18, 2023

In this case, the Federal Circuit determined the sufficiency of evidence to rebut a nexus between objective evidence and non-obviousness; and to establish the objective indicia of copying. Direct evidence of copying is not necessary to establish copying. The Board’s finding of copying is supported by substantial evidence.

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43(B)log

SEPTEMBER 20, 2021

3, 2021) The parties compete in the market for custom landscape design services. “[I]n He did allege sadness, distress, and “profound grief” from Natorp’s copying of images of a particular landscape job, but the Lanham Act doesn’t cover psychological, emotional harm. McCleese v. Natorp’s, Inc., 2021 WL 2270511, No. 1:20-cv-118 (S.D.

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The IPKat

OCTOBER 1, 2022

Here’s what Felicia writes: Archival Authenticity or Iconic Copies? It also suggests that copying might have some effect on our understanding of what is and is not iconic. Assuredly, Dolce & Gabbana may not be able to prevent copies on the U.S. In this negative space of copyright law in the U.S., see this chapter.)

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Intellectual Property Law Blog

APRIL 12, 2023

The court found that this was transformative (creating the searchable database) and did not adversely impact the market for books. In fact, the court noted that this likely helps the market by making it easier for people to find relevant books. And the image may impact the market for images.

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TraskBritt Intellectual Property

APRIL 10, 2021

When developing Android, Google had copied the text and format of function calls from Oracle’s Java SE Application Programming Interface (API). LEXIS 1864 (2021), the Supreme Court held that Google’s copying was permissible fair use. In Google LLC v. 18-956, 2021 U.S. Software and IP.

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IPilogue

NOVEMBER 10, 2022

According to representatives from iRobot, “ Shark’s plan has always been to copy iRobot’s innovations, undercut iRobot on price, and steal iRobot’s market share ”. In selling their vacuums for below half the price of the Roomba, SharkNinja has grown to be the second largest seller in the industry in North America.

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Marketing Marketing Intellectual Property Technology 106

Kluwer Copyright Blog

JULY 15, 2021

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy (also known as the blank media tax or levy). In Part I of this set of posts, I describe draft changes to the Polish copyright law on the collection and division of the private copying levy.

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Copying Law Related Rights Copyright Law 54

The IPKat

AUGUST 8, 2022

But, for those who are yet to pick up a copy, here is what is in store: The EU legislature adopted Directive 2019/790 on Copyright in the Digital Single Market (DSM) in 2019. It was against this background that the proposal for a Directive on copyright in the Digital Single Market was made in 2016.

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Marketing Marketing Copyright Intellectual Property 78

Copyright Lately

AUGUST 19, 2024

The plaintiffs allege that Ross hired a third-party contractor to unlawfully copy Westlaw content—including its proprietary Key Number System and case headnotes—in order to train Ross’s own AI-driven natural language legal search engine. Sorry, future jurors.)

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Copyright Fair Use Copying Marketing 123

Technology & Marketing Law Blog

APRIL 28, 2023

(Comments on CA AB 2273, The Age-Appropriate Design Code Act) The post Minnesota’s Attempt to Copy California’s Constitutionally Defective Age Appropriate Design Code is an Utter Fail (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

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Copying Designs Design Blogging 128

43(B)log

OCTOBER 11, 2022

Boston Carriage’s principals voluntarily shared their business knowledge with Boston Suburban, including Boston Carriage’s business and marketing strategies and its online presence.” Boston Suburban registered the domain name “logan-car-service.com.”

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Kashishipr

JULY 20, 2022

Although this may sound quite encouraging and motivating for those with original ideas, many famous brands out there are accused and widely recognized for being copycats in the market and, unfortunately, making a lot of money. The American video and photo sharing social media platform Instagram has been accused of copying Snapchat.

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Branding Brands Branding Marketing 52

LexBlog IP

AUGUST 11, 2021

In this case, Google copied 37 Java API packages and wrote its own implementation code underlying those API packages for use by developers on its Android operating system. Oracle filed a lawsuit against Google, claiming that by copying the 37 APIs, Google infringed Oracle’s copyrights in that code.

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Fair Use Copying Licensing Copyright 52

Plagiarism Today

NOVEMBER 7, 2022

Earlier today, video game critic and prominent YouTuber James Stephanie Sterling posted a video calling out a marketing firm working for Activision Blizzard in the run-up to the release of Call of Duty: Modern Warfare 2. . A journalist who does this is not a journalist, but another marketer for the company, and they aren’t disclosing it.

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TorrentFreak

MAY 14, 2022

On the flip side, today’s interconnected world has the ability to transform leaks into powerful advertising and hype, keeping message boards and social media alive with discussion of exciting new products, at zero cost to official marketing teams.

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Copying Social Media Copyright Copyright Law 95

azrights

JUNE 7, 2022

It frustrates me that people turn to me when they’re copied, assuming this is the kind of work I’m engaged in doing, when they’ve never consulted me before about their IP. There was no real marketing or business guidance. It’s suitable for brand creators, whether founders, graphic designers, marketers, or IP or corporate lawyers.

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Marketing Marketing Business Designs 59

Technology & Marketing Law Blog

DECEMBER 5, 2022

Case Citation : Digital Marketing Advisors v. Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. The post 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. McCandless Group, LLC, 2022 WL 17403067 (C.D.

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Marketing Marketing Cease and Desist Fair Use 76

Plagiarism Today

JANUARY 18, 2022

million ($3 million) acquiring a physical copy of the book Jodorowsky’s Dune. With previous ones selling for around €25,000 ($28,000), their copy cost more than 100 times the going rate. Many copies of the book are already easy to access just through a simple search. Last year, the group spent €2.66

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Copying Moral Rights Copyright Registration 338

JD Supra Law

APRIL 12, 2022

In the context of copyright, this dichotomy is generally uncontroversial: In most cases, an NFT merely points to an underlying work but does not contain a copy of the work it represents, and so it is conceptually and legally separate from that work for copyright purposes. By: Proskauer - Blockchain and the Law

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Non-Fungible Tokens Marketing Marketing Copying 101

TorrentFreak

AUGUST 21, 2024

This was a disappointment to many investors and the stock price fell by more than 40%, ‘evaporating’ a billion dollars in market cap. —- A copy of the subpoena application, as well as some key exhibits is available here (pdf). A copy of the signed DMCA subpoena can be found here (pdf). 1manhwa.com 1stkissmanga.io

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Kluwer Copyright Blog

SEPTEMBER 19, 2023

The focus of the case is twofold: the scope of application of the private copy exception, on the one hand, and that of the right of communication to the public, on the other. On the one side, it ruled out the inclusion of a specific type of copying systems in the scope of the private copy exception.

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Copyright Law Copying Copyright Law 124

TorrentFreak

MARCH 18, 2024

Patrons can also borrow books that are scanned and digitized in-house, with technical restrictions that prevent copying. Staying true to the centuries-old library concept, only one patron at a time can rent a digital copy of a physical book. A Napster Moment? From: TF , for the latest news on copyright battles, piracy and more.

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43(B)log

JULY 19, 2023

Winder argued that Concordia’s complaint alleged a “personal and advertising injury” because it included allegations that Winder copied Concordia’s DONNATAL label inserts. But did the false advertising claim hinge on the alleged label copying? The court of appeals agreed with the latter approach. Concordia’s labels. Concordia’s labels.

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