Technology & Marketing Law Blog

JUNE 5, 2024

First, Voyager Labs allegedly created “thousands of fake accounts to scrape, then sell, platform users’ social media data.” — I suspect we’re entering an era of nuance when it comes to web-scraping litigation. Voyager (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging 68

Blogging Social Media Contracts Technology 68

Technology & Marketing Law Blog

MAY 13, 2024

But by providing a foil in litigation against both the Center for Countering Digital Hate (“CCDH”) and Bright Data (the world’s largest seller of scraped data), he’s given judges in the most important district court in the country for tech legal issues, the Northern District of California, plenty of motivation to rule against him.

Blogging 97

Blogging Contracts Cease and Desist Social Media 97

The IPKat

JUNE 21, 2022

In Chapter 4, Beatriz Conde Gallego debates whether owners of standard-essential patents (SEPs) must grant licences in “license to all” or “access to all” approaches. Giuseppe Mazziotti examines, in Chapter 8, the solutions to online music licensing, adopted by the EU.

Intellectual Property 123

Intellectual Property Invention Social Media IP 123

Olartemoure Blog

MARCH 16, 2021

Create trademark alerts for your main brands, block them on Google, Twitter, Facebook, Instagram, and other social media. Request verification of your account from social media. Many cases remain under the radar if you do not have local counsel helping you know the market.

Cease and Desist 98

Cease and Desist Social Media Copying Branding 98

Technology & Marketing Law Blog

JANUARY 25, 2023

Implications This is surely not the last word on the subject because Shah litigated pro se. For a more convincing ruling, we need to see how a well-trained copyright litigator navigates this legal issue. NYP appeared first on Technology & Marketing Law Blog. Still, its implications are wide-ranging. The complaint.

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Copyright Fair Use Licensing Ownership 124

Technology & Marketing Law Blog

MARCH 10, 2022

Defendants also managed the social media presence of the “La Baguette” business, which primarily consisted of a Facebook page. Moore, Find Out Who Your Friends Are: A Framework for Determining Whether Employees’ Social Media Followers Follow Them to A New Job, 39 CAMPBELL L. See generally, Christopher A.

Social Media 82

Social Media Contracts Ownership Business 82

The TTABlog

JUNE 26, 2024

Frequent TTAB litigant Monster Energy lost another one at the TTAB, this time on summary judgment. marketing strategies, U.S. It sought cancellation of a registration for the mark PREDATOR & Design , issued in 2017, for soft drinks and energy drinks made with natural ingredients, claiming lack of bona fide intent and abandonment.

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Designs Design Registration Social Media 67

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Will California Clone-and-Revise Some Terrible Ideas from Florida/Texas’ Social Media Censorship Laws? Big Ruling for Free Speech: Most of Florida’s Social Media Censorship Law (SB 7072) Remains Enjoined–NetChoice v.

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Editing Social Media Blogging Advertising 90

Technology & Marketing Law Blog

FEBRUARY 27, 2022

Knowing well that litigation in the Northern District of Texas is not in its best interests, TPG filed a declaratory judgment in Delaware hoping to take advantage of the first-to-file rule. With all that, the first battle in this litigation will be the question of where to litigate it. Power Ventures, Inc. Facebook v.

Cease and Desist 122

Cease and Desist Blogging Contracts Social Media 122

Technology & Marketing Law Blog

AUGUST 24, 2023

For example, the most aggressive companies in pursuing web-scraping litigation are the social media companies. And while their terms of use provide the social media companies a license to use that user-generated content, it is their users who typically have a copyright interest in their content.

Blogging 97

Blogging Contracts Intellectual Property Social Media 97

Kashishipr

APRIL 13, 2022

The dramatic rise in e-commerce in the last two decades saw many brand and business owners struggling to safeguard their Intellectual Property (IP) assets in cyberspace, starting from domain names and then going onto social media handles. What will the future trademark licensing deals in the Metaverse look like?

Intellectual Property 116

Intellectual Property IP Non-Fungible Tokens Branding 116

Technology & Marketing Law Blog

AUGUST 14, 2023

” Plus, Broughty used an online alias, so it’s understandable why Bouzy couldn’t confirm his license status. ” Plus, Broughty used an online alias, so it’s understandable why Bouzy couldn’t confirm his license status. Bouzy appeared first on Technology & Marketing Law Blog.

Social Media 72

Social Media Blogging Licensing Litigation 72

Technology & Marketing Law Blog

AUGUST 1, 2023

On the other hand, professional photographers have to make a living by licensing their photos to publishers (and other intermediaries) who are willing to pay them to reproduce and display those photos. Instagram, of course, was licensed to publicly display the post under its own terms and conditions, so there is no direct infringement.

Blogging 96

Blogging Copying Social Media Copyright 96

43(B)log

APRIL 26, 2023

The parties compete in the market for skid steer attachments and other products. LJD therefore reduced the amount of business it conducted with Creager until it could determine how the litigation between Creager and IDT was resolved. The “most important” factor was market effect, and there was none.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

Technology & Marketing Law Blog

JUNE 7, 2022

” * In re: Marriott International Customer Data Security Breach Litig., ” * In re Waste Management Data Breach Litigation, 2022 WL 561734 (SDNY Feb. The same rule applies to communications in-person or by letter, email, or telephone, or through social media, such as Facebook. 2022 WL 822925 (D. Gershfeld v.

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Privacy Social Media Litigation Business 100

Technology & Marketing Law Blog

DECEMBER 15, 2021

To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. To settle that dispute, the parties worked out an “exclusive” license: the second-comer could sell the design on Amazon, and the registrant could keep selling it on eBay. Diebold from 2004, which led to a $125k damages award.

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Registration Fair Use Copyright Designs 113

Technology & Marketing Law Blog

JULY 29, 2023

The Texas social media censorship law remains temporarily enjoined by the Fifth Circuit pending Supreme Court review, but Davis couldn’t wait. Davis claimed that Texas’ social media censorship law preempted the TOS venue clause. [FN: That was presumably the number when the complaint was filed.

Social Media 76

Social Media Contracts Law Litigation 76

Copyright Lately

SEPTEMBER 26, 2022

After over four years of litigation and five COVID-related continuances, it’s finally time for the main event. Implied License and Fair Use Are the Key Remaining Defenses. With the de minimis defense out of play, this leaves defendants to argue implied license, fair use, waiver and estoppel. There’s a lot at stake.

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Fair Use Licensing Ownership Copying 86

Copyright Lately

MAY 22, 2023

In a 7-2 decision , the Court ruled that the commercial licensing of Andy Warhol’s “Orange Prince” to Condé Nast to illustrate a story about the late musician shared “substantially the same purpose” as the original Lynn Goldsmith photo from which Warhol’s silkscreen was derived, and therefore weighed against fair use. Goldsmith.

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Fair Use Licensing Copying Artwork 92

IPilogue

OCTOBER 28, 2021

Interestingly, the court noted that Rozier produced evidence which called into question whether Fun World’s mask possessed the requisite originality, given that a third-party created and marketed a similar “Wailer” mask several months before the “Ghost Face” mask was registered. Scary Issues with Licensing and Trademarks. DIY Tricks?

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

IP Tech Blog

NOVEMBER 29, 2023

As a way to supplement her income, she put on a contest whereby her social media followers would buy gift certificates for future tattoos and would get to vote on one of several funny tattoos that would eventually be tattooed onto the artist’s husband.

Fair Use 62

Fair Use Cease and Desist Social Media Art 62

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Note that Florida’s social media censorship law has relevance to the lost data question, because it says services must “allow a user who has been deplatformed to access or retrieve all of the user’s information, content, material, and data for at least 60 days.”

Contracts 94

Contracts Social Media Advertising Advertising 94

SpicyIP

SEPTEMBER 25, 2023

On one hand, they can lead to an amicable settlement between the parties and prevent lengthy litigations. Ltd vs Poi Social Media Pvt. Novartis and Eli Lilly oppose issuing compulsory licenses against Ribocicilib and Abemacicilib TRAI started consultation for Research and Development in ICT sector. Emami Ltd.

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Cease and Desist Copyright Infringement Invention Social Media 96

43(B)log

AUGUST 17, 2021

Facts in the light most favorable to the plaintiffs: Each of the plaintiffs has a significant number of followers on various social media platforms, ranging from greater than ten thousand to several million, and most are “considered social media influencers.” Plaintiffs didn’t show sufficient evidence of recognition.

Social Media 59

Social Media False Advertising Advertising Advertising 59

Technology & Marketing Law Blog

OCTOBER 28, 2022

But much of this business model is contingent on being able to sell flights directly through Ryanair’s site to control the market for ancillary services. Ryanair has a long history of litigating against OTAs in Europe and the United States. It previously litigated against Expedia in Washington. –RyanAir v.

Blogging 89

Blogging Cease and Desist Business Litigation 89

Kluwer Copyright Blog

FEBRUARY 2, 2023

There is uncertainty over how much selection and refinement is needed to produce the best work (see examples of selection, refinement and reworking here and here ) and getting the right prompt is challenging enough to have created a market for effective prompts.

Copyright 145

Copyright Art Fair Use Registration 145

43(B)log

OCTOBER 8, 2021

K&K claimed rights relating to Evel Knievel, including trademarks, copyrights for audio/visual works, right to publicity, existing licenses, contracts, and common law rights. Obviously, “the alleged allusion to Mr. Knievel bears substantial artistic relevance to the creative work.”

Advertising 59

Advertising Advertising Social Media Licensing 59

IP Tech Blog

JULY 18, 2023

At the same time, we are obligated by both ethical rules and market conditions to offer reasonable rates – which in turn make the use of generative AI compelling. At least one judge has defined the boundaries for litigants appearing in his court. Will its intelligence license it to be cruel? To wipe us out?

Business 52

Business Law Social Media Reporting 52

43(B)log

JUNE 30, 2023

Whether you want a map the size of the territory depends on the goal—is it collective licensing? I guess that’s rarely the big concern of people demanding collective licensing.] His view: some recommender systems should be prohibited AI, if social media use is addictive. What is the purpose for which disclosure is sought?

Law 60

Law Licensing Social Media Copying 60

Technology & Marketing Law Blog

JUNE 9, 2022

These questions are being addressed (in mostly unsatisfactory ways) in litigation involving hiQ and BrandTotal. BrandTotal “provides advertising consulting services to corporate clients regarding how those clients’ and their competitors’ digital advertisements are presented to social media users.” BrandTotal, Ltd.

Contracts 106

Contracts Privacy Social Media Advertising 106

SpicyIP

AUGUST 15, 2021

Ensuring Access to TB drugs: Is Compulsory License the Way? They highlight that this failure is typified by the stark realities that have come to light in a pending public interest litigation before the Bombay High Court [BHC], regarding access to life saving drugs. John Doe & Anr. 9 August, 2021].

Licensing 83

Licensing Government Reporting Patent Law 83

Copyright Lately

AUGUST 2, 2022

Multiple times throughout June and July 2022, Netflix informed Barlow & Bear’s lawyers that their July 26 performance wasn’t authorized and would give rise to claims for willful copyright and trademark infringement unless they negotiated a license—which Netflix was willing to do. Metro-Goldwyn-Mayer, Inc.

Music 101

Music Derivative Work Fair Use Cease and Desist 101

Technology & Marketing Law Blog

AUGUST 21, 2023

Thus, I always felt the litigation ploy acted as an adverse admission by the plaintiffs. That topic is expressly at issue in the FLA and TX social media censorship cases). Google appeared first on Technology & Marketing Law Blog. So, plaintiffs need smoking gun evidence, or it’s an easy case to dismiss.

Contracts 87

Contracts Social Media Blogging Law 87

Technology & Marketing Law Blog

DECEMBER 29, 2022

The Supreme Court’s Mahanoy decision left many issues for the lower courts to resolve about when schools can discipline students for social media posts. University of Minnesota. * Student Loses First Amendment Fight To Call School Officials “Douchebags” After Four Years Of Litigation–Doninger v.

Blogging 94

Blogging Social Media Copying Licensing 94

LexBlog IP

JULY 18, 2023

At the same time, we are obligated by both ethical rules and market conditions to offer reasonable rates – which in turn make the use of generative AI compelling. At least one judge has defined the boundaries for litigants appearing in his court. Will its intelligence license it to be cruel? To wipe us out?

Business 52

Business Law Reporting Music 52

Technology & Marketing Law Blog

DECEMBER 27, 2022

Marketing. * 2, 2022): Nor does personal jurisdiction arise out of the Film Defendants’ so-called “advertising strategy,” which allegedly “featured a significant push on social media[ ] targeting Washington, DC residents via Instagram and Facebook.” targeted social media advertising. Comptroller , No.

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Privacy Marketing Marketing Social Media 100

Kluwer Copyright Blog

JULY 24, 2024

On the first, substantial litigation has already been launched concerning whether the data used to train these models requires payment or opt-in from creatives whose work has been ingested, often without consent. Is it a proper copyright ownership or an assigned license? If output works infringe copyright, who is responsible (e.g.

Copyright 128

Copyright Ownership Social Media Licensing 128