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

Kluwer Copyright Blog

SEPTEMBER 28, 2022

The recent signing of the Digital Markets Act and the ongoing negotiations on the proposal for a Data Act present excellent opportunities to expand on the novel phenomenon. Starting from those technical definitions, the notion of portability made its way into the 2016 General Data Protection Regulation (GDPR).

IP 94

IP Contracts Social Media Copying 94

43(B)log

JANUARY 19, 2022

Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets. The relevant date here was December 3, 2016, and the consumer plaintiffs adequately alleged at least two false representations after then.

False Advertising 59

False Advertising Advertising Advertising Privacy 59

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.” For more on the irrationality of this ethics opinion, see this 2016 paper. The post 2023 Quick Links: IP, Keyword Ads appeared first on Technology & Marketing Law Blog.

IP 72

IP Advertising Advertising Copyright 72

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 91

Fair Use Licensing Copying Artwork 91

The TTABlog

APRIL 28, 2022

The Board explained the several avenues by which an opposer may proffer its registrations, including by attaching status-and-title copies or current TSDR information to the original pleading or to a notice of reliance, or by appropriate identification and introduction during the taking of testimony.

Designs 68

Designs Design Social Media Registration 68

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

Technology & Marketing Law Blog

DECEMBER 29, 2022

The Supreme Court’s Mahanoy decision left many issues for the lower courts to resolve about when schools can discipline students for social media posts. Albany School District appeared first on Technology & Marketing Law Blog. This opinion from the Ninth Circuit starts to fill in some of the gaps.

Blogging 91

Blogging Social Media Copying Licensing 91

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

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 87

Music Copyright Copying Copyright Law 87

LexBlog IP

JULY 7, 2023

5] Prince used both photographs in his New Portraits series, which featured works that Prince created by copying and magnifying posts from Instagram (including “likes” and user comments), then adding a comment of his own. 22] The Court also clarified and arguably narrowed its decision in Campbell v. .”

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

LexBlog IP

OCTOBER 25, 2023

That is the difference between the court of public opinion in one’s industry and a court of law in a governmental building—”In writing, plagiarismis a straight-up cardinal sin: If you copy, you’re wrong. Now social media has allowed for PSRs with reality TV celebrities, Instagram influencers, and the like.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

43(B)log

AUGUST 11, 2021

Courts don’t do really prong one beyond assessing access (not independently assessing copying). Prior attempts to measure tarnishment: Buccafusco et al 2016 focused on porn parodies, found burnishing except among very conservative consumers. But you’re also raising market entry barriers, so new entrants will innovate less.

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

LexBlog IP

APRIL 20, 2022

Sweeping Elections & IP Fallout Of Politics : The Wall Street Journal and other media outlets recently ran a feature on local elections in India under the headline In India, a Fish on the Campaign Trail Can Help at the Ballot Box. He would “dunk [the fish] back right into a five-gallon bucket of water between stops.”)

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52