43(B)log

SEPTEMBER 28, 2021

Unsurprisingly, the trademark claims survive a motion to dismiss, but associated false advertising claims don’t. VFB alleged trademark infringement, and that the Vampiro Cocktail label’s claims that it is made from 100% agave and with grapefruit were false advertising that would tarnish and dilute VFB’s marks.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

Technology & Marketing Law Blog

JANUARY 22, 2022

The court says the Dubtown video wasn’t copyright infringing because of fair use: Purpose/Character of Use. ” The videos were transformative, even if parts of precedent material were used verbatim. .” However, McFree made transformative uses. This factor weighs slightly against fair use.

Fair Use 129

Fair Use Copyright Infringement Marketing Marketing 129

Technology & Marketing Law Blog

MAY 17, 2024

First, the court held that the damages X incurred (primarily the loss of advertisers after CCDH published negative reports using scraped data) were unforeseeable when the ToS were agreed upon in 2019. Judge Alsup suggested that X’s ToS conflict with copyright law by prohibiting scraping irrespective of whether it qualifies as fair use.

Blogging 124

Blogging Contracts Fair Use Copyright Law 124

Technology & Marketing Law Blog

OCTOBER 25, 2023

In the early days of the pandemic, tattoo artist Cramer created this tattoo and tattooed it onto her husband: The tattoo depicts Joe Exotic of Tiger King “fame,” a can of Lysol, some coronaviruses, and the words “Quarantine 2020.” Instead, she gets a 12(b)(6) dismissal based on fair use. Or the $50k.

Blogging 82

Blogging Copyright Fair Use Copyright Infringement 82

TorrentFreak

NOVEMBER 18, 2022

Japan does not recognize fair use and even if it did, experts predicted that ‘Fast Movies’ would still cross red lines. People generating advertising revenue from ‘Fast Movies’ certainly wouldn’t improve things either.

Editing 137

Editing Television Copyright Infringement Advertising 137

Copyright Lately

SEPTEMBER 12, 2022

Deadly Doll has applied versions of its artwork to various products, including tops and sweatpants: Deadly Doll’s artwork as reproduced on useful articles. In 2020, photographer Carlos Vila took a picture of Russian model Irina Shayk wearing Deadly Doll sweats that incorporated its “Pin-Up Girl” artwork on the right pant leg.

Copyright 99

Copyright Derivative Work Artwork Fair Use 99

Technology & Marketing Law Blog

JULY 5, 2022

” Second, Bayside said that copyright already accommodates First Amendment considerations via the fair use defense (citing the Reddit case ). Nature of the use. The photos were already published, which weighs in favor of fair use. ” This also weighs in favor of fair use (?). Amount taken.

Fair Use 93

Fair Use Plagiarism Copyright Marketing 93

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, Aug. Blog Posts.

Editing 88

Editing Social Media Blogging Advertising 88

IP and Legal Filings

FEBRUARY 15, 2023

It has opened wide range of facilities for us like entertainment, education, advertisements, communication etc. However, it is not so and such use will be unauthorized unless and until the permission of the owner has been taken, or he has been referenced or if the information has been made available by the government.

Copyright Law 89

Copyright Law Copyright Law Social Media 89

Erik K Pelton

DECEMBER 20, 2022

which will determine the scope of the Lanham Act as applied to trademark infringement that occurs outside the US. The Court has also agreed to hear a patent case this term, and it will rule on a copyright fair-use case brought by the Andy Warhol Foundation for the Visual Arts that was heard this fall. 2020: [link].

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

TorrentFreak

NOVEMBER 18, 2021

With no broad ‘fair use’ style exceptions to lean on in a crisis, channels generating millions of views were seen as a major threat to the movie business. cutting the films down to 10 minutes without permission, adding narration and then uploading to YouTube from June to July 2020,” CODA informs TorrentFreak.

Editing 130

Editing Copyright Copyright Infringement Fair Use 130

Intellectual Property Law Blog

JUNE 20, 2023

2020-005406 (PTAB Feb. In an example relating to generative AI in particular, the PTAB rejected claims directed to a neural network for creating advertisements as ineligible based in part on the absence of implementation details. See Ex parte Hussain , Appeal No. See Ex parte Costello , Appeal 2021-000658 (PTAB June 7, 2021).

Patent 130

Patent Invention Art Patent Application 130

SpicyIP

MAY 2, 2022

You can see his previous posts for us here. New(s) Questions and Fair Use: Using Copyright to Curtail Expression? It was however terminated at the instance of the Defendant with effect from 1 st August 2020. In response the Defendant claimed, “ fair use” and “ de minimis” use. Akshat Agrawal.

Fair Use 116

Fair Use Copyright Reporting Licensing 116

43(B)log

MAY 2, 2022

28, 2022) Chanel sued What Goes Around Comes Around (WGACA), alleging trademark infringement, false advertising, false association/endorsement, and related NY GBL claims for deceptive/unfair trade practices and false advertising. Until 2017, it also used the hashtag #WGACACHANEL in its social media posts. 2253 (LLS) (S.D.N.Y.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

Technology & Marketing Law Blog

DECEMBER 11, 2021

In the wake of the 2020 Lukis v. As another example, when the search results provide the records associated with Mr. Abraham, “adjacent to the list of records containing [his] name, photograph, and likeness” is an advertisement promoting the subscription membership. I’ve blogged three yearbook cases so far this year ( Callahan v.

Advertising 90

Advertising Advertising Social Media Blogging 90

TorrentFreak

MAY 15, 2023

The popular video platform has become an important promotional channel that brings in billions of dollars of advertising revenue every year. Millions of people use so-called stream-ripping websites to download music tracks from YouTube, without permission. The success story has a downside, however.

Copyright 131

Copyright Music Technology Fair Use 131

Technology & Marketing Law Blog

DECEMBER 15, 2021

The court also credits the self-serving claim by the successor licensee that it considered fair use by comparing the works and evaluating if the works were being sold commercially or for other purposes. Anthony, 2020 WL 11206863 (N.D. Signal 23 Television v. Benjamin. * How Have Section 512(f) Cases Fared Since 2017?

Registration 111

Registration Fair Use Copyright Designs 111

LexBlog IP

OCTOBER 11, 2021

As the 2020 Tokyo Olympics concluded for the summer, a new copyright issue came to the forefront of entertainment law. The live streamer is claiming that the content at issue should not have been taken down because it is fair use, considering that xQc was adding his own commentary and reactionary content to the clip.

Licensing 52

Licensing Copyright Intellectual Property IP 52

43(B)log

JUNE 26, 2023

In 2020, as America reckoned with police brutality after the death of George Floyd, the show was taken off the air.” On Patrol: Live used the same two hosts and also features Curtis Wilson, who previously featured as a contributor on Live PD. What about nominative fair use? A&E plausibly pled that its mark was strong.

Social Media 59

Social Media Copying Fair Use Advertising 59

LexBlog IP

JUNE 20, 2023

2020-005406 (PTAB Feb. In an example relating to generative AI in particular, the PTAB rejected claims directed to a neural network for creating advertisements as ineligible based in part on the absence of implementation details. See Ex parte Hussain , Appeal No. See Ex parte Costello , Appeal 2021-000658 (PTAB June 7, 2021).

Patent 52

Patent Invention Art Intellectual Property 52

43(B)log

FEBRUARY 18, 2022

Does it work differently in the US where there is a separate ROP? When, how and why would you seek permission to use persona. Industries: advertising, merchandising, movies/TV, and video games. A: History differs a lot—US foundation for ROP was set much earlier. You can cluster fair use cases.

Fair Use 59

Fair Use Contracts Litigation Copying 59

JIPL Online

APRIL 9, 2021

On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. Put differently, is it fair for corporations to have their cake and eat it too? [ii] Id. 277 (2020). [iv] iv] Maxwell L. vii] Deidrè A.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

SpicyIP

DECEMBER 20, 2023

In 2014, the Bombay High Court restrained the singer Mika Singh and the recording label OCP Music from publishing an advertisement that impinged Sonu’s personality rights. Around a decade ago, Google was caught in some similar controversy over its Google Books Library Project where its use was held permissible under fair use.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

43(B)log

SEPTEMBER 7, 2023

15, 2023) This is a copyright suit against Gannett for advertising-like use of a photo taken by Campbell of NFL coach Katie Sowers; the photo came from a screenshot of an ad run by Microsoft that played during the Super Bowl. Gannett did not use the screenshot of the Sowers photo on Ad Meter, but instead on webpages promoting Ad Meter.

Advertising 59

Advertising Advertising Copyright Infringement Publishing 59

Technology & Marketing Law Blog

JULY 5, 2021

The Counterclaim alleges that Kid Car purchased “KIDMOTO” as keyword on Google and that by using ‘kid car’ in the resulting advertisement there is a likelihood of consumer confusion.” The court holds that the school district qualified for fair use and ordered the plaintiff to pay attorneys’ fees.

IP 85

IP Social Media Fair Use Branding 85

SpicyIP

AUGUST 30, 2021

Domex Advertisement: Product Disparagement or Nominative Fair Use? In this guest post , Pragya Jain offers an independent analysis of the law in relation to comparative advertising and nominative fair use and applies it to analyse a recent YouTube commercial by Domex, a Hindustan Unilever Ltd. Other posts.

Non-Fungible Tokens 105

Non-Fungible Tokens Fair Use Advertising Advertising 105

43(B)log

MARCH 10, 2023

Both copyright and false advertising claims (based on Sports Mall’s disparagement of eBay sellers as unreliable) survived a motion to dismiss, but the false advertising claim can’t make it past summary judgment, while Krikor received partial summary judgment on the copyright claim. Nor was the use of the photos fair use.

False Advertising 59

False Advertising Advertising Advertising Copying 59

Copyright Lately

DECEMBER 28, 2022

The company has brought over 300 cases since 2017, often using copyrighted product images as a technical hook to shut down undesired resellers who advertise its products at below retail prices. As I explained in my 2020 worst-of list , this case never should have gone to a jury in the first place. Randy Orton / WWE 2K.

Copyright 84

Copyright Art Licensing Social Media 84

43(B)log

FEBRUARY 24, 2023

New facts: Many doctrinal foundations—comparative advertising, LOC where market structure and expectations of consumer behavior have changed. Before 2020 we had a genericness doctrine, now we don’t—the rule that you can’t come back from genericide was a rule and now it’s just gone.

Trademark 49

Trademark Branding Brands Branding 49

Kluwer Copyright Blog

OCTOBER 11, 2022

In the first case, the Plaintiff had alleged that the Defendants had used the first line of the popular Bollywood song ‘Kajra Re Kajra Re’ in an advertisement broadcast during a television show. Subsequently, in 2020, the Defendant conveyed its inability to continue with the said license and the agreement was terminated.

IP 52

IP Intellectual Property Advertising Advertising 52

Technology & Marketing Law Blog

JUNE 21, 2023

While the Court did not disapprove of application of the Rogers test, it also did not approve of use of this speech-protective test (unlike the Congressional members of the House Judiciary Committee: see the “Balancing First Amendment concerns” section of the legislative history for the Trademark Modernization Act of 2020 ).

Trademark 99

Trademark Blogging Trademark Law Fair Use 99

IP and Legal Filings

SEPTEMBER 30, 2022

Trademark infringement without prior consent: As per the initial complaint, filed in a “District Court in New York,” StockX is issuing, advertising, and selling NFTs bearing Nike’s trademarks at high prices without Nike’s approval or authorization. NIKE’S CONTENTION: i.

Trademark 52

Trademark Ownership Branding Brands 52

43(B)log

OCTOBER 4, 2021

Indeed, the PTO has increased its focus on whether the use an applicant is making is trademark use, as opposed to ornamental or informational use, in its registration decisions. Professor Alexandra Roberts has written an excellent recent article on this, Trademark Failure to Function.

IP 94

IP Trademark Advertising Advertising 94

Copyright Lately

OCTOBER 23, 2023

I previously wrote about this lawsuit three years ago when musician Eddy Grant first sued Trump over the unauthorized use of his 1983 hit “ Electric Avenue ” in a 2020 campaign video created by a third party, which was then posted by the former president on his personal Twitter account.

Copyright 99

Copyright Fair Use Music Copyright Infringement 99

Patently-O

DECEMBER 12, 2021

Missouri’s predominant purpose test, which inquires into whether the predominant purpose of using the famous person’s name or identity is to exploit its commercial value; or whether “the predominant purpose of the product is to make an expressive comment on or about a celebrity.” [15] 26] Which one? 24] See Brunetti , 139 Sup.Ct.

Registration 69

Registration Government Advertising Advertising 69

LexBlog IP

JANUARY 10, 2024

1498, 1509-10 (2020). Those snippets seem arguably suggestive of an intent to use the former President’s input generously, perhaps more generously than fair use might otherwise allow, and in a manner often unvarnished or unprocessed to the point of being an author’s, or an author-like, contribution.

Ownership 52

Ownership Copyright Government Intellectual Property 52

Technology & Marketing Law Blog

JANUARY 24, 2023

Musk bought Twitter, changing its competitive posture (more #MAGA, fewer journalists), decreasing its advertiser base, and otherwise causing Twitter’s implosion. Previous year-in-review lists from 2021 , 2020 , 2019 , 2018 , 2017 , 2016 , 2015 , 2014 , 2013 , 2012 , 2011 , 2010 , 2009 , 2008 , 2007 , and 2006.

Law 113

Law Social Media Government Privacy 113