LexBlog IP

OCTOBER 4, 2022

On October 3, 2022, the Securities and Exchange Commission announced charges against Kim Kardashian for violation of the anti-touting provision of the Securities Act, Section 17(b), specifically for “touting on social media a crypto asset security offered and sold by EthereumMax without disclosing the payment she received for the promotion.”

Social Media 52

Social Media Intellectual Property Business Registration 52

43(B)log

APRIL 25, 2023

The first considered various trademark claims, including claims based on use of a hashtag on social media, where we are apparently going through everything we went through with domain names and search terms/metatags, yay. Whisker’s recent disclaimers would constitute admissions that the marks are not yet protectable.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

Technology & Marketing Law Blog

FEBRUARY 21, 2024

To bolster their Lemmon workaround, the plaintiffs claimed to disclaim all liability based on third-party content. I still haven’t blogged last year’s In re Social Media Addiction rulings from the California federal and state courts. (I

Publishing 63

Publishing Designs Design Social Media 63

Technology & Marketing Law Blog

MAY 25, 2022

The opinion holds that the key parts of Florida’s social media censorship law (SB 7072) likely violate the First Amendment and should remain enjoined. ” The opinion also highlights the madness of the Fifth Circuit allowing the Texas social media censorship law to take effect via a 1-line order. “S.B.

Social Media 97

Social Media Law Blogging Publishing 97

LexBlog IP

APRIL 6, 2023

Kashtanova did not disclose in the copyright application that she used an AI application to create parts of the novel, nor did she disclaim the portion of the work generated by AI.

Copyright 52

Copyright Registration Social Media Public Domain 52

Copyright Lately

AUGUST 25, 2023

What’s important to remember is that if a work contains an “appreciable amount” of unclaimable material, that material needs to be disclosed and disclaimed in a copyright registration application. The disclaimed material is then excluded from the claim of copyright. Hard at work, or hardly working?

Derivative Work 80

Derivative Work Registration Copyright Public Domain 80

Dragons' Den

FEBRUARY 1, 2024

If you've mentioned it in a speech, uploaded a photo to social media or displayed a prototype at a trade show, this could potentially stop your patent being granted. If you're applying for a patent , make sure you haven't shared your invention publicly.

Blogging 64

Blogging IP Intellectual Property Designs 64

43(B)log

MARCH 14, 2024

And “Legacy Reunion of Earth Wind & Fire” lacked “a clear disclaimer or limiting language about who is performing.” Similarity of advertising media: The fact that the parties used separate websites and social media favored defendants, by showing a distinction between the groups. It just wasn’t enough.

Advertising 69

Advertising Advertising Music Fair Use 69

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 96

Blogging Contracts Intellectual Property Social Media 96

Technology & Marketing Law Blog

AUGUST 9, 2023

However, in the post-Musk era, LinkedIn has become my #1 social media referral source.] .” She also claims she suffered financial losses due to the LinkedIn account termination. [I I imagine some of you are wondering if any LinkedIn account is worth suing over. I’m not sure. Earthlink was one of the early ones.

Contracts 75

Contracts Social Media Blogging Marketing 75

TorrentFreak

MAY 17, 2022

” Given the clarity, there’s no real need to highlight why a tool designed to circumvent DRM and make unlicensed copies likely falls foul of the above, even given the existence of a lengthy disclaimer. StreamFab is a Progression of DVDFab.

Copying 115

Copying Social Media Licensing Technology 115

LexBlog IP

APRIL 4, 2022

” It also required the ubiquitous disclaimer at the beginning of “any program-length advertisement that the program is an advertisement or commercial.” ” Thirty years later we are still addressing these issues, making sure that consumers know that what they are seeing is advertising and not independent content.

Advertising 52

Advertising Advertising Social Media Reporting 52

The TTABlog

DECEMBER 12, 2022

Wrangler's promotional material featured the WRANGLER mark more, and generally more prominently, than the "W" mark - except on social media. The Marks: Comparing the marks, the Board found them to be visually and phonetically similar, even taking into account the disclaimed and subordinate term DENIM. "[A]lthough

Marketing 40

Marketing Marketing Social Media Registration 40

LexBlog IP

MARCH 9, 2023

A disclaimer does not save you from trademark infringement liability. This may include text messages, messaging apps, posts on any social media platform, and other forms of communication. Your internal and external communications will be used against you in litigation. ” ( Id. at *17-18.)

Litigation 52

Litigation Artistic Work Branding Brands 52

Technology & Marketing Law Blog

JANUARY 27, 2024

To get around the obvious Section 230 problem that the plaintiffs’ claims are actually based on the third party’s harassing content, the plaintiffs affirmatively disclaimed that they were suing based on the harasser’s messages or Snap’s failure to block him. This kind of concession nominally opts-into the Lemmon v.

Blogging 68

Blogging Social Media Law Business 68

Technology & Marketing Law Blog

MAY 30, 2022

Judging from the Rusty Krab’s marketing efforts and social media promotion as detailed in Viacom’s complaint, the pop-up was far more focused on providing the backdrop for Instagram-worthy selfies than it was on producing edible food.

Blogging 90

Blogging Social Media Television Fair Use 90

SpicyIP

AUGUST 7, 2023

Furthermore, it was argued that the plaintiff has disclaimed exclusivity for the words “China” and “Bistro” in its initial application and the same disclaimer would extend mutatis mutandis on the subsequent applications for latter marks. Dua Lipa faces a new copyright infringement lawsuit over ‘Levitating’

Copyright Infringement 98

Copyright Infringement Trademark Law Copyright 98

Velocity of Content

APRIL 26, 2022

Again, as with all of social media, it’s a “ proceed with caution ” situation, and I do think that parental supervision of uploading activity to TikTok is both warranted and simply prudent. Disclaimer: I have no business interest in TikTok; to me it is simply interesting and new (since I mostly ignored it in its earliest years.)].

IP 92

IP Intellectual Property Social Media Music 92

SpicyIP

AUGUST 31, 2023

Recently, there has been an increase in the number of advertisements on social media for perfumes that offer the same fragrance as a luxury one at a reasonably affordable rate. If you have come across such ads and have wondered whether such use of a mark infringes the mark of the luxury brand, then you are not alone.

Trademark 111

Trademark Advertising Advertising Branding 111

43(B)log

JUNE 26, 2023

Media critics allegedly readily observed that the new show was “a clone of A&E’s Live PD,” and that “On Patrol: Live is Live PD.” Fan reactions on social media included “Ok. Query: what percentage of social media comments about On Patrol: Live does this represent? I’m confused. Is Live PD back on the air?

Social Media 59

Social Media Copying Fair Use Advertising 59

Dragons' Den

APRIL 4, 2024

Receiving a joint offer from both Sara and Steven was exactly what Charlotte and Grant wanted as Sara has a background in crafts and Steven can help with the social media. Steven took a quick glance at Sara’s business plan and offered half the money for 17.5% of the business which then drops to 12.5%

Blogging 40

Blogging IP Artwork Intellectual Property 40

Corsearch

MARCH 13, 2023

Corsearch customers also benefit from expert enforcement across P2P services, streaming websites, cyberlockers, social media, app stores, paid search & advertising, and UGC platforms. We provide a fast, accurate takedown service with incomparable response times on major search engines.

Public Domain 52

Public Domain Trademark Copyright Registering Trademarks 52

43(B)log

MAY 2, 2022

In 2020, WGACA added the disclaimer: “WHAT GOES AROUND COMES AROUND IS NOT AN AUTHORIZED RESELLER NOR AFFILIATED WITH ANY [sic] THE BRANDS WE SELL.” Until 2017, it also used the hashtag #WGACACHANEL in its social media posts. Its social media uses #WGACACHANEL and also features Chanel marks and indicia.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

Corsearch

FEBRUARY 14, 2023

With the use of social media and online marketplaces ever-increasing, counterfeiters and IP infringers are also infiltrating those platforms to dupe consumers. Learn more > DISCLAIMERS: *This is an informational opinion article of the author.

Trademark 52

Trademark Non-Fungible Tokens IP Branding 52

Dragons' Den

JANUARY 25, 2024

It became apparent the pair came here for social media guru, Steven. Disclaimer: The purpose of the blog is to help identify the IP in entrepreneurs’ pitches and highlight how IP works, or could work, in the real-life examples featured. They tried their luck asking him if he’d negotiate for 3% equity in their business.

Blogging 52

Blogging IP Intellectual Property Business 52

The IPKat

JULY 18, 2021

Disclaimer: I submitted evidence to this inquiry ( here ), which is cited by the report and supports many of the recommendations made by the committee. Some of the key regulatory recommendations are discussed in this post.

Music 139

Music Contracts Reporting Government 139

LexBlog IP

APRIL 26, 2023

.” The application did not disclose that she used artificial intelligence to create any part of the Work, nor did she disclaim any portion of the Work. Kashtanova’s statements on social media, where she stated that she had created the comic book using Midjourney.

Registration 52

Registration Copyright Editing Artwork 52

Technology & Marketing Law Blog

AUGUST 14, 2023

Aug. (..)

Social Media 70

Social Media Blogging Licensing Litigation 70

43(B)log

AUGUST 3, 2023

RT: not sure that disclaimers ever matter to future rights, but collateral estoppel/B&B is a big deal now, as is the loss of potential defenses after Jack Daniels. Keep up with the culture by considering social media. Could TM disclosures be tweaked to make them more consumer-friendly? TESS is a mess. Color, product design.

Registration 52

Registration False Advertising Advertising Advertising 52

LexBlog IP

DECEMBER 19, 2022

VEGAP also requested the Court to enjoin the defendant from creating NFTs and order them their withdrawal, along with damages compensation.

Copyright 52

Copyright Due Diligence Moral Rights Social Media 52

43(B)log

FEBRUARY 3, 2024

False advertising uses v different framework: consider the challenged ad as a whole, including disclaimers and qualifying language. Laura Heymann Thinking about how consumers view their interactions with companies both as a matter of branding and as a matter of contracts, specifically on social media. Dougies for diapers.

False Advertising 49

False Advertising Contracts Branding Brands 49

SpicyIP

AUGUST 22, 2022

While the post contained an explicit disclaimer as to the post being a joke and having no basis in truth, it was picked up by people on social media who stripped the post of context, and subsequently by NDTV, a popular news station. Budweiser sued Foolish Post for, inter-alia , trademark infringement and dilution.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

43(B)log

FEBRUARY 17, 2022

The control group was shown the same stimulus but with the following disclaimer added: “The Food and Drug Administration has not reviewed Tru Niagen for effectiveness.” The test group saw homepage statements regarding FDA involvement in Tru Niagen, including the phrases “3 FDA Safety Notifications” and “reviewed and accepted by.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

IP Tech Blog

JANUARY 4, 2023

Compared to NFTs as defined in the US, the DC in China: 1) are under strict market supervision that caps their valuation and pricing by avoiding social media hyping of the same; and 2) can only be purchased with Chinese currency, the Ren Min Bi (RMB) in the traditional or digital form.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

43(B)log

OCTOBER 19, 2023

The post included a “#AD” disclaimer “making it clear that Kardashian was being paid.” It is widely understood that Kardashian is paid for many of her social media posts, and therefore, it should not come as a surprise to any reasonable consumer that she was paid for the June Post given it included the “#AD” disclaimer.

Due Diligence 64

Due Diligence False Advertising Social Media Advertising 64

TorrentFreak

OCTOBER 1, 2023

In our brave new world where millions of ordinary people are copyright holders of snaps they publish to social media or videos they upload to YouTube, awareness of copyright law is at an all-time high. Who hasn’t seen copies of well-known tracks uploaded in full and protected by the statement: “I do not own this song.

Fair Use 92

Fair Use Copyright Copying Copyright Infringement 92

LexBlog IP

JANUARY 4, 2023

Compared to NFTs as defined in the US, the DC in China: 1) are under strict market supervision that caps their valuation and pricing by avoiding social media hyping of the same; and 2) can only be purchased with Chinese currency, the Ren Min Bi (RMB) in the traditional or digital form.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52