The IP Law Blog

OCTOBER 13, 2022

Those arguments were that (1) Take-Two’s use of the tattoos was authorized by an implied license, (2) the fair use doctrine insulates their utilization of the tattoos and (3) the tattoos constitute a de minimis part of the video game. The District Court also found that the use was not fair use.

Fair Use 98

Fair Use Copyright Licensing Copying 98

Kluwer Copyright Blog

FEBRUARY 2, 2023

Litigation against generative AI started in 2022 with a class action launched against Copilot , an AI trained to generate computer code using examples from Github. It ramped up further in the first weeks of 2023 with a UK action by Getty Images against Stability AI and a class action against Stability AI and others in the US.

Copyright 145

Copyright Art Fair Use Registration 145

Copyright Lately

AUGUST 2, 2022

Netflix’s reaction to “The Unofficial Bridgerton Musical” was hailed by the fan fiction community, a group which has historically faced a tenuous relationship with the owners of the intellectual property that serves as inspiration for their work. We didn’t ask for permission to use their intellectual property.”.

Music 104

Music Derivative Work Fair Use Cease and Desist 104

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. 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. A New 512(f) Plaintiff Win!

Registration 111

Registration Fair Use Copyright Designs 111

LexBlog IP

OCTOBER 13, 2022

Those arguments were that (1) Take-Two’s use of the tattoos was authorized by an implied license, (2) the fair use doctrine insulates their utilization of the tattoos and (3) the tattoos constitute a de minimis part of the video game. The District Court also found that the use was not fair use.

Fair Use 52

Fair Use Copyright Licensing Copying 52

Technology & Marketing Law Blog

DECEMBER 11, 2021

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. I’m keeping my fingers crossed this anomaly gets fixed somewhere in this litigation. I’ve blogged three yearbook cases so far this year ( Callahan v. Ancestry , Knapke v. Copyright Preemption.

Advertising 90

Advertising Advertising Social Media Blogging 90

LexBlog IP

OCTOBER 25, 2023

Dorland counterclaimed for copyright infringement, claiming that Larson’s use of Dorland’s letter was a violation of intellectual property law. The copyright claims came down to a fair use analysis, something that has occupied discussions by this poster before. ” Let’s see why.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

Technology & Marketing Law Blog

AUGUST 1, 2023

In other words, the gist of the case is whether the photographers surrender their right to exclude others by voluntarily posting their own photos to social media. The Ninth Circuit ultimately ruled, however, that making and displaying thumbnail images to facilitate an image search engine was a fair use. 3d at 1160.

Blogging 95

Blogging Copying Social Media Copyright 95

JIPEL Copyright Blog

MARCH 21, 2022

In the face of public backlash, Nintendo released a statement describing Slippi as a mod that violates their intellectual property. Players rallied against Nintendo’s actions, causing #FreeMelee to trend across social media and throughout the gaming world.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Cease and Desist Law 59

LexBlog IP

APRIL 13, 2022

Although this case has yet to reach a resolution, it draws attention to the potential for litigation surrounding the copyright rights required to mint NFTs. Grimaldi , [30] which establishes that the use of another’s trademark is not infringing if it is artistically relevant and does not explicitly mislead about its source or content. [31]

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

JUNE 21, 2023

As I noted on Twitter , nothing in the opinion suggests that the display of parodies, jokes, or other messages on the surface of toys, T-shirts, or other types of expressive merchandise would, by itself, constitute a trademark use of another’s mark or trade dress. Redbubble, Inc. , Youngs Drug Products.

Trademark 99

Trademark Blogging Trademark Law Fair Use 99

SpicyIP

OCTOBER 1, 2023

Before bestowal, courts need to think, in appropriate cases, of rights of third parties, fair use covering mime, research/educational advancement, criticism and the like. In the bygone era before the advent of social media, picture postcards featuring beloved Indian screen actors were all the rage. Simply none.

Personality Rights 111

Personality Rights Non-Fungible Tokens Copyright Social Media 111

43(B)log

NOVEMBER 8, 2023

In Jack Daniels, the Court claimed that the likely confusion test “does enough work to account for the interest in free expression” in the context of trademark uses. The Court seems likely to uphold the prohibition on registering TRUMP TOO SMALL without Trump’s consent, even though the use isn’t confusing.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

LexBlog IP

APRIL 20, 2022

” The need for spring cleaning, and a sense of coming out of hibernation, seems especially acute this April for this intellectual property lawyer. See Business Standard article entitled Spring cleaning in the Supreme Court: The new Chief Justice swats frivolous litigation but more measures are needed. ’ (Op.

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52