Technology & Marketing Law Blog

AUGUST 11, 2022

Rebecca Tushnet and I are pleased to announce the sixth edition of our casebook, Advertising & Marketing Law: Cases & Materials. Price: $9.99. * Print-on-demand hard copy from Amazon. Buyers of the hard copy can also get a free PDF file by emailing me a copy of their receipt showing which edition they bought.

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Editing Advertising Advertising Marketing 126

Kluwer Copyright Blog

APRIL 4, 2023

Image by C Dustin via Unsplash Despite the increasing use of streaming services, where media content is not stored on local devices, but merely accessed online, the private copying exception (Art 5(2)(b) InfoSoc Directive) remains at the center of European jurisprudence. The CJEU decision C‑433/20 Private copies? Dropbox, iCloud).

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Copying Art Marketing Marketing 63

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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Marketing Marketing Copyright Technology 139

azrights

OCTOBER 5, 2023

I would love to send you a signed copy of Brand Tuned, the new rules of branding, strategy and intellectual property if you’re UK based and are: EITHER: An Azrights client: OR An agency or freelancer supporting businesses to promote or create their brand. Just complete this form to receive a copy of the book.

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Copying Branding Brands Branding 52

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 136

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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Copying Design Patent Designs Design 52

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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Copying Social Media Design Designs 52

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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Marketing Marketing Advertising Advertising 142

Kluwer Copyright Blog

MAY 11, 2023

The most modern instalment of this long history comes in the form of another kind ‘copy’, less richly decorated, yet more relevant and politically sensitive for a country that has established a long-term foreign investment “partnership” with the tech and communication industry: the transposition of Directive 2019/790 into Irish law.

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Copying Copyright Law Copyright Social Media 101

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 145

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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Copying Marketing Marketing 255

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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Editing Advertising Advertising False Advertising 52

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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Copying Design Designs Marketing 52

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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Copying Licensing Marketing Marketing 80

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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Copying Trademark Branding Branding 64

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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Copying False Advertising Social Media Advertising 64

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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Copying IP Copyright Law Design 97

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 120

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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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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Copying Art Marketing Marketing 52

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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Fair Use Copying Intellectual Property Copyright 40

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 55

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 105

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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Copyright Fair Use Copying Blogging 122

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

TorrentFreak

DECEMBER 24, 2022

The MPA branded BestBuyIPTV a ‘notorious market’ back in 2018, noting that it was “likely” to be located in Italy. The MPA reported the service to the US Government again a year later, but in the 2021 ‘Notorious Markets’ report, Italy was no longer cited as a hosting location.

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Marketing Marketing Reporting Brands 97

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 133

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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False Advertising Advertising Advertising Copying 83

Kluwer Copyright Blog

DECEMBER 8, 2021

In a previous post on this Blog, we analysed the EU case law relating to the emerging services of Cloud Service Providers ( C-265/16 , V-CAST), as well as the impact of the new EU Directive on copyright in the Digital Single Market (CDSM). The Austro-Mechana case and the right to claim private copying levy.

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Copying Copyright Law Copyright Law 58

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 Branding Brands 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

Traverse Legal Blog

MARCH 3, 2021

There is an increasing number of brands, talent agencies, and influencers looking to leverage influencer marketing. Celebrities, Influencers, Talent Agents, Marketing Agencies & Brands. We represent agencies, marketing agencies trying to line up influencer campaigns for their clients, for brands.

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Marketing Marketing Branding Brands 81

43(B)log

FEBRUARY 21, 2024

He posted about the app on social media but didn’t encourage others to do so; he didn’t have a written business or marketing plan before launch, and he did not create investor presentations, solicit investors, or raise capital. All of Peloton’s marketing materials that mention the term ‘Bike+’ are also branded with the [Peloton] mark.”

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Marketing Marketing Trademark Registration 59

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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Plagiarism Journalism Copying Marketing 265

JD Supra Law

NOVEMBER 7, 2024

The copying of online text, images and videos has beneficial use cases (e.g. training AI models for more accurate fraud detection or collecting contact details of business representatives for marketing purposes). By: DLA Piper

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Copying Marketing Marketing Business 73

SpicyIP

OCTOBER 9, 2024

By Tanishka Goswami Providing advantages of accessibility, affordability, and shareability among others, the swiftly expanding market for e-books stands at $17.20 the Court assessed that the Archive’s distribution of digital copies of the concerned books was not transformative. billion today, only to grow manifold.

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Copyright Law Copyright Fair Use Law 105