43(B)log

DECEMBER 26, 2022

for unlawfully manufacturing, importing, advertising, marketing, selling, and distributing unauthorized, counterfeit versions of its popular CAKE brand of hemp-derived Delta-8 products. Here, however, AKF didn’t allege that Mothership ever marketed, sold, or advertised the “Cake” mark. AKF sued LCF etc. AT&T Mobility, LLC, 710 F.3d

Copyright Infringement 59

Copyright Infringement Branding Brands Branding 59

TorrentFreak

MAY 9, 2022

Between 2013 and 2020, a man from Finland operated three websites – lyrics.fi, lyricsfi.com and nettiradio.fi. As highlighted earlier, the audio streams made available by the defendant on his radio portal were not copied or duplicated in any way. Man Operated Unlicensed Sites For Seven Years.

Copyright Infringement 85

Copyright Infringement Copyright Music Editing 85

The TTABlog

JANUARY 24, 2022

Applicant has sold its "Ark" bag since January 2013, with sales increasing sharply in 2017. The applicant did not offer survey evidence nor any evidence of "look for" advertising. The issue, then, was the primary significance of the proposed mark. The burden to prove acquired distinctiveness is higher for a product configuration.

Designs 52

Designs Design Registration Music 52

Technology & Marketing Law Blog

FEBRUARY 12, 2024

In 2013, Philpot uploaded the photo to Wikimedia Commons, which is governed by the standard Creative Commons license requiring attribution. The IJR “article generated approximately $2 to $3 in advertising revenue for IJR based on the number of page views it received.” The defendant did not give the specified attribution.

Fair Use 88

Fair Use Licensing Copyright Marketing 88

Technology & Marketing Law Blog

DECEMBER 13, 2023

Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. Copyright law forbids duplication, public performance, and so on, unless the person wishing to copy or perform the work gets permission; silence means a ban on copying. A copyright is a right against the world.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

LexBlog IP

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. In September, U.S.

Copyright Infringement 52

Copyright Infringement Licensing Publishing Social Media 52

The IPKat

DECEMBER 17, 2021

The Plaintiffs highlighted specific instances where the Defendants falsely represented themselves as the Plaintiffs when applying for work for the Kenya Film Commission’s Technical Proposal KFC/OT/05/2013/2014 by using the Plaintiffs’ trademark ‘ACAL' without the Plaintiffs’ authority or consent.

Trademark 96

Trademark IP Registering Trademarks Branding 96

IP and Legal Filings

AUGUST 14, 2023

Online marketplaces, such as online auction houses, or websites that advertise their unlawful nature are used to trade or profit from tangible counterfeit or pirated items in every category. Person A makes a copy of the movie on his phone and shares it with his friends. The reason being a larger audience can watch the film for free.

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

IP and Legal Filings

APRIL 19, 2022

The fundamentals of takedown and the process of giving it are laid forth in Rule 75 of the Copyright Rules [2013]. A violating copy of the work, whether brief or extra storage, should be owned by the complainant and not indicated under Section 52 or any other section of the Copyright Act [1957].

Copyright Law 73

Copyright Law Copyright Law Copyright Infringement 73

LexBlog IP

FEBRUARY 28, 2022

9] In reaching that determination, the court relied chiefly on the Second Circuit’s 2013 decision in Cariou v. precisely replicat[ing] a copyrighted advertising logo to make a comment about consumerism’ (such as Warhol’s well-known depictions of Campbell’s soup cans), which ‘might. fall within the scope of fair use.’” Id.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

The IPKat

NOVEMBER 20, 2023

The BoA discussed the items of evidence filed by 44IP: Statistical data of people watching Formula 1 in 2013 did not include data from Bulgaria, Croatia, Estonia, Latvia and Lithuania. They also lacked information on the number of copies sold and their distribution among the general public or the number of online views.

Art 105

Art Branding Brands Branding 105

IIPRD

DECEMBER 28, 2021

The unlimited membership offer is no longer available on the site, although it did remove advertisements, which was the main difference between it and the free version. Apple music has been against freemium model as it believes it does not bring revenue to the music industry through advertising.

Music 40

Music Business Copying Licensing 40

Intepat

APRIL 19, 2023

In other words, copyright does not prevent others from creating a similar software program or user interface, as long as they do not copy the original code or design. 2013, the Patent Office issued further guidelines and set forth that inventions involving a technical effect or those which solved a technical problem were patentable.

Invention 52

Invention Intellectual Property Patent Copyright 52

The IPKat

FEBRUARY 23, 2023

Ltd [2022] EWHC 1895 (Ch) (July 2022) In our last volume , we reported on Samsung being held directly liable as a platform for copied watch faces for Samsung smartwatches. In 2013, Cadbury’s registration for Pantone 2685C was held invalid because its description rendered it void for lack of certainty. It was ambiguous.

Registration 76

Registration Advertising Advertising Law 76

JIPL Online

APRIL 9, 2021

If memes are so powerful to engage users with the underlying content, as recognized by their increased use as an advertising tool, then how can the same corporations claim that memes are creating a serious harm that the law should recognize and protect? 29, 2013), [link]. [ii] 405 (2019); Terrica Carrington, Grumpy Cat or Copy Cat?

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

IP Whiteboard

JULY 19, 2021

Determining whether the copyright of a work has been infringed requires a comparison to be made of the respective works and involves: first, identifying the works in suit in which the copyright subsists; second, identifying in the allegedly infringing work the part which is alleged to have been taken, derived or copied from the copyright work; and.

Copyright Infringement 40

Copyright Infringement Copyright Music Publishing 40

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. Interestingly, before Bachchan’s issue, Suchita elaborated on the status of personality rights in India against the backdrop of claims of the wife of the late Steve Irwin.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

SpicyIP

FEBRUARY 13, 2023

Regardless, it sent a cease and desist to the defendants in 2022 who have a shop in Jaipur with a similar name and have registered the word mark in 2013. Delhi High Court directs Registry to advertise KFC’s ‘Chicken Zinger’ trademark. KTTADI and KHADI are prima facie similar, rules Delhi High Court.

Designs 52

Designs Design Trademark Cease and Desist 52

43(B)log

DECEMBER 20, 2022

The 2001 Documentary “sold 50,000 copies in two weeks and revolutionized the Baltimore dirt-bike culture,” inspiring a sequel and plans to make a third film. Defendants' 2013 documentary Both parties’ works are “docu-fiction” set in Baltimore. Nathan, F.Supp.3d 3d -, 2022 WL 4591905, No. 18-CV-5930 (MKB) (E.D.N.Y.

Fair Use 52

Fair Use Trademark Copyright Editing 52

TorrentFreak

DECEMBER 2, 2021

In pirate streaming, in part due to the way sites tend to copy each other’s branding, obvious long-standing players are less easy to identify. Defendants use the Copyrighted Works as the bait to lure the largest possible audience, so that Defendants will profit from advertisements shown to their users. is taken into account.

Advertising 121

Advertising Advertising Copying Copyright Infringement 121

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

Coinciding with this announcement, FDA issued draft guidance addressing promotional labeling and advertising considerations for prescription biological reference and biosimilar products. 262( l )(3)(A) or ( l )(7)). AB 824 also provides that the State of California may obtain significant civil penalties for violations.

Settlement 40

Settlement Licensing Designs Design 40

Technology & Marketing Law Blog

JUNE 29, 2022

This week, another court added to 1-800 Contacts’ smouldering pile of trademark jurisprudence and granted a judgment on the pleadings (Rule 12(c)) dismissing 1-800 Contacts’ competitive keyword advertising lawsuit against its rival Warby Parker. WhenU (2d Cir. 1-800 Contacts v. Lens.com (10th Cir. 1-800 Contacts (FTC 2018).

Trademark 106

Trademark Advertising Advertising Settlement 106

The IPKat

JUNE 23, 2022

Fenty v Arcadia [2013] EWHC 1945 (Ch) confirmed a long line of authority that this kind of evidence was admissible. Predictably, these third parties made available watch faces copied from watches made by others including the Swatch group of companies (which owns brands like Tisso, Omega and Breguet).

Branding 73

Branding Brands Branding Litigation 73

IP and Legal Filings

MAY 3, 2023

Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. The papers were taken from copies of the examination papers that students provided, not from publications by the University of London Press Ltd.

Copyright 90

Copyright Public Domain Copying Publishing 90

Technology & Marketing Law Blog

AUGUST 30, 2021

This litigation was a residual action (commenced in 2013) that concerned public performances that occurred before the Classics Protection and Access Act was enacted. Back when sales of records, cassette tapes, and CDs were the primary means of making money, radio airplay was considered free advertising for record labels.

Blogging 83

Blogging Copyright Settlement Music 83

43(B)log

FEBRUARY 21, 2024

Facebook advertising for the 2014 app continued until 2016 or 2019 and remained available for download; even though the Pebble Watch was discontinued in late 2016, WCT’s principal testified that “there remains a loyal following among the Pebble Watch community.” Downloads declined after a 2015 peak. Significantly favored Peloton.

Marketing 59

Marketing Marketing Trademark Branding 59

Copyright Lately

OCTOBER 25, 2021

As the story goes, they provided him with a copy of a few scenes from “Ghostbusters” in which the theme would appear. You can judge for yourself by downloading a copy of “Jap Herron” here. This prompted a lawsuit by Don Post Studios, which asserted that the Cinema Secrets mask was a copy of its own mask.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

The IPKat

MARCH 27, 2022

The parties Fairfax & Favor was started in May 2013 by two schoolfriends who wanted to design their own luxury leather goods after initially importing goods from Spain. In those emails with Mr Arroyo, Mrs Meikle sent him a link to a page showing the Amira boot so that Mr Arroyo could " copy exactly " this boot.

Designs 52

Designs Design Copying Art 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

In February 2020, FDA and FTC took steps to encourage biosimilar competition , with a focus on truthful and non-misleading advertising. Coinciding with this announcement, FDA issued draft guidance titled “ Promotional Labeling and Advertising Considerations for Prescription Biological Reference and Biosimilar Products Questions and Answers.”

Settlement 52

Settlement Litigation Marketing Marketing 52

LexBlog IP

JULY 21, 2021

In Europe and the United States at least, every trademark has at least three purposes: (1) It identifies the origin of a product or service; (2) It guarantees consistent quality of that good or service; (3) It serves as symbolic communication as a basis for publicity and advertising. Compendium, at Section 313.2 ]. copyright law. ” Id.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

IP and Legal Filings

DECEMBER 6, 2023

the Apex Court held that one of the inherent aspects of the right to privacy as enshrined under Article 21 of the Constitution is the right to prevent others from using the person’s name or likeness without his consent for advertising or non-advertising purposes. State of T.N., Scripps Howard Broadcasting Co., 2007, I, no.

Privacy 99

Privacy Intellectual Property Law Intellectual Property Advertising 99