TorrentFreak

NOVEMBER 24, 2024

Evolution Hoping to secure their piece of the pie, new players entered the market in the years that followed. Unfortunately that logical example fails to help here due to a confusing clash of definitions in the study. When placed side by side, with each definition’s key point highlighted (red), the problem clearly stands out. .

Reporting 111

Reporting Business Music Advertising 111

The IPKat

OCTOBER 14, 2024

Such conduct generated exploitative effects by excessive pricing towards users as well as exclusionary effects towards SGAE’s competitors, representing a barrier to entry into the market for collective management as well as the market for licensing of copyright-protected works for other CMOs or independent management entities (IMEs).

Contracts 64

Contracts Music Licensing Art 64

Kluwer Copyright Blog

MARCH 11, 2025

However, the shift from a market of goods to a market of services has changed this paradigm. Much more alarming is that in this dematerialized reality the disappearance of the market entails the risk of the disappearance of the work itself. There is a dominant personal and temporal dimension to the online access of content.

Copyright Law 105

Copyright Law Public Domain Copyright Law 105

IPilogue

MARCH 16, 2025

By 'Damola Adediji Policy researchers and government studies worldwide have continued to express deep concerns surrounding Big Tech firms and their extensive collection of personal digital data, which affects how markets operate and compete. Network effects result from how the number of users in a network (e.g.,

Marketing 64

Marketing Marketing Business Technology 64

Intellectual Property Law Blog

SEPTEMBER 20, 2021

The NFT market is just getting started, as the innovation is only in its infancy. Companies getting involved with NFTs should definitely think through these and other issues that will arise and work with knowledgeable counsel to get ahead of the issues to come. It is likely some of the current licenses will lead to litigation.

Licensing 187

Licensing IP Art Business 187

Plagiarism Today

SEPTEMBER 22, 2022

First off today, David Saleh Rauf at Edweek Market Brief reports that ACT has emerged victorious in a legal fight against their competior WIN as an appeals court has upheld a legal victory for the prominent testing organization. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

Settlement 246

Settlement Copyright Infringement Contracts Plagiarism 246

43(B)log

JUNE 29, 2023

NatureWise’s entry into the market knocked Vitamins Online from its #1 seller spot, which has competitive advantages. A “strict two-player market is no longer inflexibility required. Rather, the market simply must be ‘sparsely populated.’” Cue antitrust lawyers talking about the difficulties of market definition in antitrust!

False Advertising 80

False Advertising Advertising Advertising Marketing 80

Traverse Legal Blog

NOVEMBER 25, 2024

the effect of the use upon the potential market. The four factors which attorneys and courts consider in determining if the use of a work is infringing include: 1. the purpose and character of your use. the nature of the copyrighted work. the amount and substantiality of the portion taken.

Copyright Infringement 98

Copyright Infringement Copyright Web Design Fair Use 98

Olartemoure Blog

MAY 6, 2024

The mentioned methodology can be summarized in the following six stages: Relevant Market Definition. Relevant Market Qualification. The market share, and b. The market concentration (considering the IHH index). This qualification will be performed by assigning scores to: a.

Intellectual Property 105

Intellectual Property Marketing Marketing 105

43(B)log

FEBRUARY 4, 2025

An online news article made the first black-owned distillery statement, but not quoting any Fresh Bourbon representative, and Fresh Bourbon wasnt shown to have used the article in any marketing. Apparently Master Distiller has no set definition. Even assuming that Brough Brothers had shown falsity, it still failed on materiality.

False Advertising 52

False Advertising Advertising Advertising Licensing 52

Kluwer Copyright Blog

MARCH 19, 2025

So, here we have three alternative definitions of lawful access. This definition appears to follow the CJEUs line of reasoning in the Svensson and VG Bild Kunst cases. The legal basis here is still the consent, but we could refer here to an objectified consent of the right holder to have authorised the free access to the work.

Copyright Law 98

Copyright Law Law Copyright Copying 98

Plagiarism Today

AUGUST 23, 2022

Though there are definitely ways that NFTs and blockchain technology can be useful for handling copyright issues , especially in countries where copyright registration is not required, it should not shock anyone that NFTs, as they exist today, aren’t the path. This is especially true now that the NFT market has shrunk so profoundly.

Copyright 279

Copyright Ownership Intellectual Property Technology 279

Technology & Marketing Law Blog

JULY 24, 2022

Thus, a practical, acceptable, and common-sense definition of the term exists, which is what a probation condition needs to pass constitutional muster. OK, but the dictionary definition incorporates the term “social networking,” which the court doesn’t define and doesn’t say if OED defines. July 21, 2022).

Social Media 114

Social Media Editing Blogging Reporting 114

TorrentFreak

MAY 25, 2023

European Union Criticized For Complexity For the last two years, the European Commission has expended significant resources on two new pieces of legislation known as the Digital Markets Act (DMA) and the Digital Services Act (DSA).

Intellectual Property 142

Intellectual Property Social Media Reporting IP 142

The TTABlog

MARCH 10, 2025

Dictionary definitions and Internet excerpts use the term woolen or wool to describe the material composition of tweed. Any of these could be desirable characteristics that would matter to someone in the market for footwear." In re Budge Mfg. 2d 773, 775 (Fed.

Marketing 45

Marketing Marketing Copyright 45

IP and Legal Filings

DECEMBER 16, 2024

It reviews the growing importance of the protection of non-traditional trademarks within the fashion world in assessing how firms use trade dress to create and maintain an identity that may thrive within market competition. Recent court decisions such as Christian Louboutin v. Yves Saint Laurent [1] and Herms v. WHAT IS TRADE DRESS?

Brands 98

Brands Branding Branding Designs 98

Technology & Marketing Law Blog

JULY 1, 2024

While the decision today doesn’t definitively resolve the future of the Florida and Texas laws, a majority bloc of justices–led by Justice Kagan–articulated some important principles that represent a major victory for the First Amendment freedoms of social media services.

Social Media 115

Social Media Law Blogging Government 115

TorrentFreak

FEBRUARY 9, 2024

But then the word ‘ACTION’ caught the eye, quickly followed by ‘Xtreme High-Definition IPTV streaming’ It transpires that Mapleton is no regular city. In common with most documents that mention IPTV on the Mapleton City Website, this one mentions ‘Xtreme High-Definition IPTV’ too.

Publishing 131

Publishing Reporting Marketing Marketing 131

Technology & Marketing Law Blog

FEBRUARY 21, 2023

Justice Gorsuch said that everything turns on the definition in (f)(4) of “access software provider,” an interpretation that would clearly collapse when pressed. No publisher ever wants to use “neutral” tools because the mere act of publication is, by definition, not a neutral act.

Blogging 145

Blogging Publishing Marketing Marketing 145

Technology & Marketing Law Blog

JULY 16, 2022

I definitely did not expect this many music and movie cases in the CCB. The post A First Look at Copyright Claims Board (CCB) Filings appeared first on Technology & Marketing Law Blog. Here is the breakdown of works (note: 1 claim involves both photos and artwork, so I counted the claim in both categories): Photos: 19. Artwork: 8.

Copyright 143

Copyright Artwork Music Blogging 143

Michael Geist

SEPTEMBER 22, 2023

The government is not promoting those changes – there is no reference to it in the press release – but bill gives it broad powers to order inquiries into any market or industry and dictate the terms of the inquiry to the Competition Bureau.

Government 141

Government Publishing Marketing Marketing 141

SpicyIP

AUGUST 23, 2024

It further observed that TK is not defined in the Act and proceeded to rely on the definitions provided by WIPO and UNESCO (Para 10). The MHC, in one of the first judgments on TK, provided some clarity on the definition of TK by relying on the definitions by WIPO and UNESCO. The Court observed that the object of S.3(p)

Patent 105

Patent Invention Patent Application Art 105

Technology & Marketing Law Blog

AUGUST 18, 2021

The post New Primer on the California Privacy Rights Act (CPRA) appeared first on Technology & Marketing Law Blog. If you’re not familiar with the CPRA, this is a good one-stop resource to get you up to speed. If you are familiar with the CPRA, you’ll enjoy seeing the story told with the snark and opprobrium it deserves.

Privacy 145

Privacy Blogging Law Reporting 145

The IPKat

AUGUST 4, 2024

Sugraone' was the first seedless table grape variety introduced in Italian market in late 1980s. The evidence included reports of the marketing of grapes of the 'Sugraone' variety in the United States dating back to 1975. fruits) in the definition of novelty under Article 6(1). Images from Pixabay. both plant and fruit).

Marketing 117

Marketing Marketing Reporting Invention 117

Technology & Marketing Law Blog

APRIL 6, 2022

While the definition of “Platform” includes “content,” it doesn’t appear to contain “User Content.”. Court Definitively Rejects AFP’s Argument That Posting a Photo to Twitter Grants AFP a License to Freely Use It — AFP v. Newsweek appeared first on Technology & Marketing Law Blog. Breitbart News. United Sports.

Licensing 133

Licensing Fair Use Blogging Copyright 133

TorrentFreak

MAY 18, 2023

Less than 10% of the site’s visitors were located outside Spain so its recent disappearance will be felt most acutely in the local market. ” The precise terms of the AtomoHD shutdown are unknown but domain transfers are definitely involved. million visits per month. The site’s operators reportedly live elsewhere.

Intellectual Property 144

Intellectual Property Ownership Reporting Government 144

Technology & Marketing Law Blog

JUNE 1, 2024

“There can be no dispute that Google (and YouTube) fit within this definition. Washington Department of Health appeared first on Technology & Marketing Law Blog. The court dismisses the claims on their prima facie elements as well as Section 230. ICS Provider. Moreover, other courts have reached the same conclusion.”

Publishing 96

Publishing Blogging Licensing Marketing 96

Velocity of Content

MARCH 27, 2023

There is a famous UNESCO-framed definition from the early 1960s saying a book is a publication for the public of more than 49 pages and two covers. We had a hard time coming up with definitions that would exclude that. “At Do books even matter in such exotic territories? It has a beginning and an end. You cannot read an audiobook.

Publishing 97

Publishing Business Marketing Marketing 97

Technology & Marketing Law Blog

SEPTEMBER 27, 2023

It is definitely counterintuitive to oppose transparency requirements due to our strong regulatory and social norms in favor of transparency. The post I Filed an Amicus Brief Against New York’s Editorial Transparency Law appeared first on Technology & Marketing Law Blog.

Social Media 116

Social Media Law Government Blogging 116

Technology & Marketing Law Blog

FEBRUARY 9, 2022

regulated and domiciled checking, savings, money market, brokerage, or credit card Account of [the customer] held directly or indirectly by a Financial Institution and established primarily for personal, family or household purposes. LifeLock appeared first on Technology & Marketing Law Blog. NortonLifeLock, Inc. ,

Contracts 111

Contracts Government Marketing Marketing 111

Kluwer Copyright Blog

JANUARY 26, 2022

“Web3 cannot and should not be reduced to blockchain when the real shift is towards user ownership of digital assets… This definitional shift focuses attention on what assets can be legally owned and the meaning of ownership “rights,” more generally, in the emerging digital spaces of web3.”. . The Rift Over Web3. What is web3, anyway?

Ownership 122

Ownership IP Non-Fungible Tokens Technology 122

The IP Law Blog

DECEMBER 29, 2022

The Dreamstime Opinion helps illustrate some difficulties in defining the relevant market to allege anticompetitive injury to support an antitrust claim. Google, which operates the world’s most popular search engine, recently defeated an antitrust claim brought by an online supplier of stock images in the case Dreamstime.com, LLC v.

Advertising 104

Advertising Advertising Marketing Marketing 104

TorrentFreak

APRIL 11, 2022

In 2013, Afdah.com entered the already crowded market and quickly attracted millions of users tempted by a comprehensive library of copyright-infringing movies. We can now confirm that the site’s official domains definitely won’t be making a comeback. MPA/ACE Get Results After Years of Legal Action.

Cease and Desist 144

Cease and Desist Ownership Marketing Marketing 144

SpicyIP

FEBRUARY 17, 2025

Market Effect Analysis The Courts analysis of market effect created additional concerns by introducing a “potential derivative market” for AI training data. Creating a market in expressive works for AI training assumes that training AI using copyrighted works constitutes expressive use amounting to infringement.

Copying 69

Copying Fair Use Copyright Copyright Law 69

Technology & Marketing Law Blog

OCTOBER 31, 2021

The court also created a new definition of browsewrap that further plunges online contract formation law into anarchy. * * *. ” The Eighth Circuit could not have used that definition because, here, the TOU were indirectly referenced on the back of the gift card, not at the “bottom of the screen.”

Contracts 116

Contracts Litigation Blogging Law 116

Olartemoure Blog

MARCH 16, 2022

The situation is similar in Colombia since there is no regulation explicitly directed to “nutraceuticals”, nor a legal definition for these products is in place. The trademark registration is not a mandatory requirement for the Marketing Authorization of all the products supervised by INVIMA.

Registration 98

Registration Brands Branding Branding 98

Technology & Marketing Law Blog

JUNE 18, 2023

Also, the definition of “malware” itself includes vague terms, like “disruptive” and “damaging”–and an “etc.” Malwarebytes appeared first on Technology & Marketing Law Blog. ” NOT HELPFUL. We should not presume that we are.” Bleeping Computer.

Blogging 105

Blogging False Advertising Litigation Marketing 105