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 100

Blogging Contracts Cease and Desist Social Media 100

IP Watchdog

DECEMBER 21, 2021

In the decade since the America Invents Act (AIA) was enacted, patent licensing challenges have increased for many technology companies and independent inventors. From the perspective of the Intangible Investor, 2022 will be a year of new opportunities and transitional growth. grants for the first half of 2021.

IP 120

IP Litigation Inventor Licensing 120

IPilogue

AUGUST 26, 2022

They claimed that Meta, on its social media platforms, has stolen hundreds of their content. Influencer culture and, by extension, content creation on social media, has become increasingly prevalent in recent years. It is interesting that Meta has not taken precautions against such expensive litigation.

Copyright Infringement 104

Copyright Infringement Copyright Music Social Media 104

43(B)log

FEBRUARY 2, 2024

Instead, proposes trust but verify: register to certify compliance with regulations, including limited government inspection, similar to source code review in litigation. Enforced w/penalties, including litigation/whistleblower protections. License when absolutely necessary but watch for restrictions on purpose or geography.

Social Media 59

Social Media Government Editing Litigation 59

43(B)log

MARCH 1, 2022

Bell allegedly offers licenses for its use. Anyway, Bell goes around suing unauthorized users of the passage, mostly public schools or nonprofits that publish the passage on social media. The passage is “separately copyrighted,” by which I take it the court means “separately registered.” But that’s not plausible.

Fair Use 90

Fair Use Social Media Licensing Marketing 90

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 126

Intellectual Property Invention Social Media IP 126

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 86

Social Media Contracts Ownership Business 86

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. Take advantage on this to request purchasing licenses. Authorities are always curious about your products.

Cease and Desist 98

Cease and Desist Social Media Copying Branding 98

IP Watchdog

JUNE 16, 2023

On June 14, a series of 17 music publishers, members of the National Music Publishers’ Association (NMPA), filed a lawsuit in the Middle District of Tennessee against the social media platform, Twitter.

Copyright Infringement 68

Copyright Infringement Music Publishing Social Media 68

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. Still, its implications are wide-ranging. This case covers similar ground as the uncited Hubay v.

Copyright 124

Copyright Fair Use Licensing Ownership 124

LexBlog IP

SEPTEMBER 30, 2022

Posting copyrighted images or photos on your website or social media. Using a copyrighted song, or portion of a song, in a presentation, at an event, on your website, or on social media. Modifying an image or photo and using it in a presentation, brochure, on your website, or on social media.

Copyright Infringement 52

Copyright Infringement Copyright Social Media Fair Use 52

The IP Law Blog

AUGUST 4, 2022

“Embedding” means the process of copying unique HTML code assigned to the location of a digital copy of the photo or video published to the Internet, and the insertion of that code into a target webpage or social media post so that photo or video is linked for display within the target post.

Copyright Infringement 98

Copyright Infringement Social Media Licensing Publishing 98

The IP Law Blog

NOVEMBER 12, 2021

This was announced without acquiring the IP from the roller derby team and without securing any sort of coexistence agreement or license. It also has a reasonable argument that consumers may ultimately be confused when they are deciding to visit one of the team’s websites or looking to tag one of the teams on social media.

Trademark 98

Trademark Social Media IP Intellectual Property 98

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. Take Two had good reason to believe in its implied license defense.

Fair Use 98

Fair Use Copyright Licensing Copying 98

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 97

Blogging Copying Social Media Copyright 97

Technology & Marketing Law Blog

AUGUST 29, 2022

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. Wouldn’t It Be Great if Internet Services Had To License Technologies Selected by Hollywood?

Editing 93

Editing Social Media Blogging Advertising 93

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 98

Blogging Contracts Intellectual Property Social Media 98

The IPKat

AUGUST 11, 2021

IPKat readers interested in copyright are well aware of how, over the past several years, the right of communication to the public has gained a top spot in litigation and case law. Pinterest allows users to upload images (“pins”) and share them with other users. Background In the Hamburg case (case No. 3(1) of the Copyright Directive ).

Copyright Infringement 145

Copyright Infringement Copyright Due Diligence Social Media 145

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. July 26, 2023).

Social Media 80

Social Media Contracts Law Litigation 80

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.

Social Media 76

Social Media Blogging Licensing Litigation 76

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 123

Cease and Desist Blogging Contracts Social Media 123

Velocity of Content

JULY 22, 2021

In my first post , after touching on the need/wisdom of copyright registration for bloggers (and other creators whose distribution is primarily through social media sites), I went on to discuss the DMCA and how it is a useful first-line-of-defense bit of IP protection for content first appearing on such sites.

Copyright 98

Copyright Social Media Registration Blogging 98

Velocity of Content

AUGUST 4, 2021

In my first post , after touching on the need (or perhaps just the prudence) of copyright registration for bloggers (and other creators whose distribution is primarily through social media sites), I went on to discuss the DMCA and how it is a useful first-line-of-defense bit of IP protection for content first appearing on such sites.

Copyright 98

Copyright Registration Music Blogging 98

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.

Privacy 104

Privacy Social Media Litigation Business 104

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.

Fair Use 86

Fair Use Licensing Ownership Copying 86

LexBlog IP

NOVEMBER 12, 2021

This was announced without acquiring the IP from the roller derby team and without securing any sort of coexistence agreement or license. It also has a reasonable argument that consumers may ultimately be confused when they are deciding to visit one of the team’s websites or looking to tag one of the teams on social media.

Trademark 52

Trademark Social Media IP Intellectual Property 52

IP Close Up

JANUARY 11, 2022

In the decade since the adoption of the America Invents Act (AIA) patent licensing has become more arduous for many technology companies and independent inventors. Continue reading.

Inventor 104

Inventor Patent Licensing Invention 104

43(B)log

APRIL 26, 2023

Creager also alleged that IDT contacted vendors who sell Creager’s products and made defamatory statements; the one that seemed to have an impact was to third party LJD, claiming that Creager was using LJD’s name in “defamatory advertising against my company,” advising that LJD could be “tangled up in litigation.”

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

IPilogue

JANUARY 11, 2023

IP law in publishing, especially at The Globe – who is known for being an early provider of digital media and device-agnostic content delivery – goes far beyond copyright infringement and litigation. Complying with privacy regulations, especially in IT contracts, is as important as it can be misunderstood.

Journalism 80

Journalism Privacy Contracts IP 80

Copyright Lately

MAY 27, 2021

In a nutshell, the lawsuit alleges that the social media app induced and contributed to “widespread copyright infringement” by allowing third parties to embed photos from public Instagram feeds onto their own websites. This includes ensuring they have a license to share this content, if a license is required by law.

Copyright Infringement 71

Copyright Infringement Social Media Copying Copyright 71

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. Take Two had good reason to believe in its implied license defense.

Fair Use 52

Fair Use Copyright Licensing Copying 52

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.

Registration 117

Registration Fair Use Copyright Designs 117

Copyright Lately

MARCH 16, 2023

At this rate, the Cher-Bono litigation may end up lasting longer than the couple’s marriage. As I noted in my earlier article , if the MSA only entitled Cher to royalties generated from a specific, copyright license, it stands to reason that she would stop receiving royalties if that particular license were terminated.

Copyright 77

Copyright Music Contracts Settlement 77

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

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.

Cease and Desist 105

Cease and Desist Copyright Infringement Invention Social Media 105

IP Tech Blog

JULY 18, 2023

At least one judge has defined the boundaries for litigants appearing in his court. For example, photo licensing company Getty Images filed suit in the Northern District of California against AI company Stability AI Inc. Will its intelligence license it to be cruel? To wipe us out? Have we been kind with our superior intellect?

Business 52

Business Law Social Media Reporting 52

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