Technology & Marketing Law Blog
NOVEMBER 11, 2023
The court summarizes: “Meta claims that it raised issues with Plaintiffs, including “nominative fair use,” “commentary,” and “the un-likelihood of confusion based on the appearance of the marks in the actual marketplace, as they will be encountered by consumers.””
The IPKat
APRIL 4, 2024
The disproportionate remuneration stemmed from contracts entered into with dominant players, especially in the music industry, and this has over time been a major source of worry for the South African government. The MITT and CRC found the Copyright Act to be inadequate in addressing the issues.
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IP and Legal Filings
FEBRUARY 9, 2022
As FCA had never executed the Agreement, the court refused to enforce a forum selection clause of a contract that did not exist. Turning to FCA’s nominative and fair use defence, the court applied the New Kids on the Block test to evaluate likelihood of confusion.
43(B)log
AUGUST 4, 2021
Jacob Victor, Copyright’s Law of Dissemination: trying to disaggregate dissemination from use of a work in new creativity/e.g., transformative fair use. Judicial: Google Books/utility expanding fair use; Sony v. Contracts should not be permitted to override exceptions and limitations.
Technology & Marketing Law Blog
OCTOBER 19, 2021
Nevertheless, because adware often provided poor consumer experiences, adware largely fizzled out by 2010. The court approaches this case like it’s an adware case, but the court never once uses the term. Implied-in-Law Contract/Unjust Enrichment. WhenU concluded that copyright was a dead-end. 1-800 Contacts v. Intel Corp.,
43(B)log
AUGUST 11, 2022
Around 2010, some studios started enforcing, e.g., Twentieth Century Fox sued over copying of plot of Phone Booth and was successful. Our notions of contract/markets out of which the current rules arise are themselves influenced by androcentric notions. But there weren’t reported lawsuits against Bollywood films.
Technology & Marketing Law Blog
JANUARY 27, 2022
The first Supreme Court ruling on fair use in over a quarter-century, and it’s a good one. The Crisis of Online Contracts (as Told in 10 Memes) , Notre Dame J. Previous year-in-review lists from 2020 , 2019 , 2018 , 2017 , 2016 , 2015 , 2014 , 2013 , 2012 , 2011 , 2010 , 2009 , 2008 , 2007 , and 2006. Emerging Tech.
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