Technology & Marketing Law Blog

FEBRUARY 12, 2024

In 2016, the defendant IJR published an article/listicle titled “15 Signs Your Daddy Was a Conservative.” Philpot sued in 2020 over the 2016 IJR publication, i.e., after the 3 year statute of limitations that no one seems to care about post-Petrella. (In ” Market Effect. Larry Philpot is a repeat copyright plaintiff.

Fair Use 87

Fair Use Licensing Copyright Marketing 87

Technology & Marketing Law Blog

APRIL 26, 2023

At issue are two versions of the TOS from 2016 and 2019. The named plaintiff, Jackson, agreed to the 2016 TOS. The 2016 TOS provided an opt-out for the arbitration provision, but Jackson didn’t exercise it. She agrees the 2016 TOS applies. Amazon appeared first on Technology & Marketing Law Blog.

Contracts 76

Contracts Copying Technology Licensing 76

IPilogue

DECEMBER 9, 2022

The court opined that the dispute to copying does not arise as the defendants had admitted to copying the tattoo. 2016) it stated that the burden is on the Defendant to prove the copying was authorised. Citing Muhammad-Ali v. Final Call, Inc., 3d 755, 761 (7th Cir. Would Alexander Have Won this Case in Canada?

Fair Use 112

Fair Use Copying Licensing Copyright 112

TorrentFreak

JANUARY 11, 2023

Between August 2016 and July 2021, Bernardini used his insider knowledge as a rights coordinator to execute an audacious plan that would see him obtain more than a thousand pre-release manuscripts of novels and other unreleased books. According to a federal indictment unsealed early 2022, that was certainly not the case.

Publishing 115

Publishing Copying Marketing Marketing 115

TorrentFreak

MAY 30, 2023

Operating from 2016 until 2018, the Flawless IPTV service copied subscription TV broadcasts from official (and unofficial) sources and then restreamed that content to tens of thousands of customers, at a dramatically cut down price. For many UK football fans, Flawless granted access to the sport they love, at a price they could afford.

Social Media 139

Social Media Marketing Marketing Licensing 139

TorrentFreak

MARCH 15, 2022

A few years ago, Advanced TV Network (ATN) was a dominant player in the Swedish IPTV market. However, that all changed in 2016, when local police raided its Malmo office. — A copy of the order, issued by the Swedish Court of Appeal, is available here (Swedish pdf). Prison Sentences for IPTV Operators.

Copyright 139

Copyright Copyright Infringement Marketing Marketing 139

Plagiarism Today

OCTOBER 26, 2021

Wtf is a juice demon pic.twitter.com/OxYMWEuoCq — Eli Matthewson (@EliMatthewson) October 1, 2016. This means, theoretically, that elements such as the Superman “S” can be protected by copyright because they are separate elements that are merely copied onto the clothing. The second limitation is masks.

Copyright 240

Copyright Trademark Cease and Desist Copying 240

Patently-O

APRIL 17, 2024

In 2016, Dawgs added new asserted counterclaims against Crocs, including a claim for false advertising under the Lanham Act. Therefore, Dastar ‘s unaccredited copying did not constitute a false designation of origin actionable under § 43(a) of the Lanham Act. Crocs largely prevailed in those actions.

False Advertising 113

False Advertising Advertising Advertising Patent 113

TorrentFreak

JANUARY 6, 2022

The indictment, unsealed Wednesday in Manhattan federal court, alleges that beginning in August 2016, Bernardini – who was based in London and worked in publishing for Simon & Schuster – began impersonating agents, editors and other individuals in the industry to obtain pre-release literary manuscripts from his targets.

Publishing 123

Publishing Intellectual Property Designs Design 123

LexBlog IP

MAY 19, 2023

” [5] When the original and the copy share a similar purpose, there is a concern that the copy will substitute for the original. The majority found that AWF’s licensing of the “Orange Prince” copy to Condé Nast is not a substantially different purpose than Goldsmith’s photograph.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

TorrentFreak

AUGUST 18, 2021

In 2016, the company got involved by filing a proactive lawsuit against music rights group BMG, asking the court to declare that it is not responsible for pirating customers. — A copy of the movie companies’ complaint against RCN Telecom Services, filed at the US District Court for the District of New Jersey, is available here (pdf).

Copyright Infringement 141

Copyright Infringement Music Copyright Copying 141

Technology & Marketing Law Blog

JANUARY 9, 2022

As you can see, emoticon references peaked in 2016, and the number has roughly stayed steady since then (but see the footnote above). When the symbols “include something in addition to common tropes and shapes,” and even then, the registrations should only preclude verbatim copying. When exactly?

Law 137

Law Registration Settlement Litigation 137

IP and Legal Filings

OCTOBER 28, 2022

As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. 11 of 2008, dated April 21, 2008, regarding Electronic Information and Transactions, as amended by Law No 19 of 2016, dated November 25, 2016.• Image source: iStock].

Non-Fungible Tokens 85

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 85

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

Blogging 95

Blogging Copying Social Media Copyright 95

Patently-O

AUGUST 24, 2023

In its recent Volva Penta decision, the Federal Circuit found that the PTAB had (1) created too high of a burden to prove nexus and (2) been unduly dismissive of the patentee’s evidence of commercial success and copying. The PTAB found evidence showing Brunswick copied the Forward Drive in developing its competing Bravo Four S product.

Invention 52

Invention Copying Art Designs 52

43(B)log

FEBRUARY 3, 2023

Christopher Buccafusco (& Rebecca Tushnet), Base Rate Neglect in Copying-in-Fact Comes out of an excellent Buccafusco paper about the failures of copying in fact, which led me to think about base rate neglect in cases where plaintiff’s expert claims that it’s not possible that these similarities arose in the absence of copying.

Copyright 59

Copyright Copying Music Fair Use 59

IPilogue

SEPTEMBER 29, 2021

Goldsmith said she was not aware of Warhol’s work until Tribute magazine featured the image, without crediting her, when Prince passed away in 2016. On the other hand, Warhol’s great commercial success was the choice of the market. A permissible derivative creation, or fair use, requires transformative changes made to the original.

Copyright Infringement 105

Copyright Infringement Copyright Art Fair Use 105

The IPKat

AUGUST 20, 2023

There, it was presented as an original Koons artwork of which three copies exist. In 2016, litigation ensued before the Court of First Instance of Milan, with Garrone seeking to obtain a declaration that the artefact in his possession was in fact authored by Jeff Koons.

Artwork 94

Artwork Moral Rights Art Litigation 94

Copyright Lately

MAY 22, 2023

Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. More typically, two works aren’t market substitutes, which means that determining whether a secondary use is justified is more difficult.

Fair Use 93

Fair Use Licensing Copying Artwork 93

TorrentFreak

JANUARY 2, 2024

The company first launched a proactive lawsuit against music rights group BMG in 2016, which ended in a settlement. In its complaint, SMV mentions that it has invested significant financial resources, time, and effort in marketing its movies. Ideally, those investments should be recouped through sales but online piracy gets in the way.

Copyright Infringement 81

Copyright Infringement Copyright Litigation Settlement 81

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. In 2016, the Latinfood website contained the phrase “We have products from” followed by marks of imported brands, among which was an image of Industria’s Zenú mark.

False Advertising 59

False Advertising Advertising Advertising Registration 59

LexBlog IP

MAY 19, 2023

The first factor did not apply to Warhol’s image as published in Condé Nast in 2016, so that specific use was not fair use. ” Thus, being licensed for different magazine articles, “the original photograph and AWF’s copying use of it share substantially the same purpose. of a commercial nature. .”

Fair Use 40

Fair Use Derivative Work Licensing Copyright Infringement 40

IP Tech Blog

JUNE 2, 2023

The main principle practitioners can derive from Goldsmith is that transformation alone is not enough render copying of a reference work “fair use.” When Prince passed away in 2016, the Andy Warhol Foundation (“AWF”) licensed “Orange Prince” for use on the cover of a commemorative magazine cover. Goldsmith et al, Case No.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

Velocity of Content

FEBRUARY 14, 2022

It Ends with Us by Colleen Hoover was published in 2016, yet sold more than 770,000 copies in 2021, largely because of so-called booktokers. Since roughly World War II, we have seen the publishing industry pivot towards more of a bestseller/frontlist strategy.

Reporting 52

Reporting Publishing Editing Marketing 52

IPilogue

JULY 19, 2021

This decision protects individuals from being misled by effective marketing. In this case, the defendant’s fiction novel substantially copied the plaintiff’s work of historical non-fiction. The defendant admitted to at least fifty instances of deliberately copying the language used and historical characters and significant events.

Copyright 112

Copyright Copying Law Publishing 112

Corsearch

FEBRUARY 22, 2024

Imagine you’ve conjured up the hottest brand on the market – “Crispy Crunch Delights” , complete with a jazzy logo. 2016) In this showdown of footwear giants, Adidas took Skechers to court over a shoe design that seemed uncannily familiar. Keep in mind that copying is not considered flattery in the world of trademarks.

Branding 59

Branding Brands Branding Trademark 59

Technology & Marketing Law Blog

DECEMBER 27, 2023

Do you have the CDO Evaluator License?” * Phys.org : Digitizing books can spur demand for physical copies: Digitization can boost sales of physical books by up to 8% by stimulating demand through online discovery. For more on the irrationality of this ethics opinion, see this 2016 paper. Bar associations, do better.

IP 71

IP Advertising Advertising Copyright 71

LexBlog IP

JUNE 2, 2023

The main principle practitioners can derive from Goldsmith is that transformation alone is not enough render copying of a reference work “fair use.” When Prince passed away in 2016, the Andy Warhol Foundation (“AWF”) licensed “Orange Prince” for use on the cover of a commemorative magazine cover.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

Patently-O

AUGUST 3, 2023

The lawsuit centers around two key components of Moderna’s mRNA platform that it claims Pfizer copied – the use of modified nucleosides like 1-methylpseudouridine and the encoding of a full-length coronavirus spike protein.

Patent 97

Patent Patent Infringement Copying Technology 97

IPilogue

AUGUST 3, 2021

Though mass-marketed in a $2 million promotional campaign , Earthbound failed replicate its Japanese success in North America. Copies of the game along with a gamer’s guide packaged in special extra-large cardboard boxes sat unsold on shelves for months. History of Earthbound.

Copyright 112

Copyright Music Licensing Copying 112

Velocity of Content

OCTOBER 21, 2021

The RRO in English-speaking Canada had sought to enforce a Copyright Board tariff against the University for its unauthorized distribution of copies of copyrighted materials to students, and the University had defended primarily on the basis of “fair dealing.” Access Copyright.

Licensing 105

Licensing Copyright Intellectual Property Reporting 105

Kluwer Copyright Blog

MARCH 13, 2024

This crucial development, which restores copyright as an access right (see Geiger, 2016 ; Efroni, 2010 ) provides a normative foundation to reinforce the societal bargain that creates incentives for authors, but also creates room for downstream creativity and innovation. 7(1) and art. 17(7) CDSM Directive.

Copyright 122

Copyright Art Licensing Contracts 122

TorrentFreak

SEPTEMBER 25, 2023

In Mangamura’s case, a site founded in 2016 targeting the Japanese market became extraordinarily successful in a very short space of time. Actions taken against specific pirate platforms are shaped by policy, resources, and other practicalities, meaning that less significant sites may face no immediate threat.

Publishing 100

Publishing Copyright Reporting Copying 100

IP Intelligence

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. Instead, it requires courts to ask whether consumers treat a challenged use “as a market replacement” for a copyrighted work or a market complement that does not impair demand for the original.”

Fair Use 106

Fair Use Licensing Music Art 106

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.” But the app was not updated after 2016 and was removed from WCT’s website.

Marketing 59

Marketing Marketing Trademark Branding 59

SpicyIP

JULY 5, 2021

The appellant sought a copy of a PhD Thesis titled “Studies on some nitrogen fixing genes of Azotobacter vinelandi” from Jamia Millia Islamia, a central university and public authority for the purposes of RTI Act. Degrees), Regulations, 2016 and the UGC Act, 1956 which have mandatory application on the Universities. Background.

Patent Application 131

Patent Application Invention Confidentiality Copyright Law 131

Copyright Lately

MAY 1, 2023

The comments from Michael Nash quoted above really only speak to the input phase, during which audio recordings are copied to a dataset that’s then used to train a voice model. It isn’t human-readable and does not contain copies of any audio recordings. But once created, the voice model is just a set of parameters.

Music 89

Music Copyright Copying Copyright Law 89