Copyright Lately

AUGUST 14, 2023

Photographer Jeff Sedlik filed the lawsuit in February 2021 , claiming that Von D infringed the copyright in his photo of Miles Davis by tattooing a reproduction of the image on her friend Blake Farmer’s arm and by displaying images of the tattoo on her social media accounts.

Fair Use 85

Fair Use Social Media Licensing Marketing 85

Technology & Marketing Law Blog

MAY 13, 2024

— Bright Data has long sold the data of all the major social media companies. seeks only damages based on the reactions of advertisers (third parties) to CCDH’s speech in the Toxic Twitter report, which CCDH created after the scraping. That gave rise to a CFAA claim in 2016, and I can’t square that opinion with this one.

Blogging 94

Blogging Contracts Cease and Desist Social Media 94

Technology & Marketing Law Blog

JANUARY 24, 2023

Two recent key developments were the Digital Markets Act and the Digital Services Act. On the heels of the mandatory editorial transparency provisions in Florida and Texas’ social media censorship laws, the California legislature thought it could one-up those states by passing a law with at least 161 different disclosure requirements.

Law 113

Law Social Media Government Privacy 113

Technology & Marketing Law Blog

DECEMBER 27, 2023

Moreover, contrary to The Satanic Temple’s novel argument, domain registration is not the same as registration for a social media website.” Code § 3344, which is predicated upon “knowing[ ] use[ ] … for purposes of advertising.” ” * Hoffmann Brothers Heating and Air Conditioning, LLC v. March 29, 2023).

IP 72

IP Advertising Advertising Copyright 72

TorrentFreak

APRIL 6, 2022

From a few early steps in 2016/2017 and more recently in 2022 , services are being dynamically blocked and many individuals have been arrested for broadcasting or selling access to the league’s games without permission. LaLiga Strikes Again. Top-tier Spanish football league LaLiga is now tackling live streaming piracy on all fronts.

Social Media 118

Social Media Television Intellectual Property Technology 118

IP and Legal Filings

FEBRUARY 26, 2024

Today, the prevalence of such activities can be seen in online rummy advertisements on social media and the 2013 IPL match-fixing scandal. Advertisements for these games are allowed as long as they are not indecent or immoral. During the Victorian British Rule, horse betting was also introduced in India.

Law 69

Law Licensing Government Advertising 69

The IPKat

JUNE 6, 2022

CIVC also argued that GB is taking unfair advantage of the reputation of the PDO “Champagne”, and asked the court to order GB to cease use of all logos and advertisement documents with “Champanillo” sign, to cancel the registration for the domain name “champanillo.es” and close all social media accounts with this name.

Social Media 128

Social Media Advertising Advertising Designs 128

TorrentFreak

MAY 17, 2022

Whether it always performs as advertised is up for debate but there are videos showing it in action on Amazon and other platforms quickly downloading files, rather than attempting to record the screen. Aside from living up to the significant functional claims in its marketing, the big questions revolve around legality.

Copying 115

Copying Social Media Licensing Technology 115

TorrentFreak

APRIL 8, 2022

Published each year by the United States Trade Representative, the ‘notorious markets’ report highlights piracy threats located outside the US, in the hope that foreign authorities will take action. According to the MPA, content stored on these sites is also made available via apps, social media, forums, blogs and email.

Social Media 131

Social Media Reporting Publishing Advertising 131

The TTABlog

JUNE 10, 2021

Ghiorse , 119 USPQ2d 1178, 1187 (TTAB 2016). The sales figures were modest and were not placed in context (market share), and the advertising figures lacked information as to the extent of exposure. There was no survey evidence, no evidence of intentional copying, and minimal media coverage. The Board was not impressed.

Advertising 52

Advertising Advertising Social Media Marketing 52

JIPL Online

APRIL 9, 2021

x] In fact, on the contrary, memes can operate as a source of marketing and a way to garner interest in creative works in a funny, generationally relevant way. xi] There are countless articles and marketing studies directing corporations on how to market via memes to reach the maximum level of engagement. 139 (2016). [ix]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

IP Whiteboard

FEBRUARY 8, 2021

g) placing apparent weight on evidence of confusion from social media posts and no weight on the absence of evidence of actual confusion. Justice Katzmann noted that it was difficult to put a great deal of weight on the evidence but found the evidence of the social media posts to “have some probative value”.

Social Media 52

Social Media Branding Brands Branding 52

SpicyIP

OCTOBER 16, 2023

The court held that the defendant’s advertising falls under the ambit of permissible comparative advertising, rejecting the plaintiff’s claims and emphasized on a competitor’s right to prevent disparagement while allowing reasonable product promotion. POI Social Media Pvt. Humans of Bombay Stories Pvt.

Due Diligence 59

Due Diligence Invention IP Copyright 59

43(B)log

FEBRUARY 24, 2024

Adjudicators need to hear about risks of overenforcement, overclaiming; defenses—he gets emails from sellers of used or grey market goods snared in a robotic search. NYU Press, 2016). NYU Press, 2016). User names on social media may or may not include trademarks; user bios give more information.

Fair Use 45

Fair Use Branding Brands Branding 45

LexBlog IP

FEBRUARY 9, 2022

Applicant’s POTIFY platform is designed to permit legal marijuana dispensaries to market and sell their products, including via mobile applications and websites. Alpha Phi Omega , 118 USPQ2d 1289, 1298 (TTAB 2016) (quoting 15 U.S.C. § Spotify AB , 2022 USPQ2D 37 at *13–14. § 1125(c)(2)(A). states had residents.

Television 40

Television Music Advertising Advertising 40

43(B)log

AUGUST 11, 2021

Prior attempts to measure tarnishment: Buccafusco et al 2016 focused on porn parodies, found burnishing except among very conservative consumers. There is some evidence on social media that people were blaming Nike (then again, people on social media blame Biden for the Delta variant, so). So how would you know?

Trademark 72

Trademark Copyright Branding Brands 72

SpicyIP

DECEMBER 30, 2023

The judgement was passed collectively in an appeal against 4 orders (two impugning the 2016 Ericsson v. Controller General of Patents and Designs (passed on September 15), the Court clarified that the 2016 CRI Guidelines’ requirement of assessing the CRI in conjunction with novel hardware has now been removed from the 2017 CRI Guidelines.

IP 124

IP Copyright Trademark Intellectual Property 124

Copyright Lately

MAY 1, 2023

As I explained in my discussion of the Rick Astley lawsuit , right of publicity and trademark law provided viable claims to Bette Midler and Tom Waits when imitations of their voices were used in advertising. Hit me up in the comments below or on social media @copyrightlately. ” VMG Salsoul, LLC v. Ciccone , 824 F.3d

Music 87

Music Copyright Copying Copyright Law 87