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Press publishers’ right: social media enter the stage

Kluwer Copyright Blog

Social media (aka Facebook) were not a part of the conversation. This raises the question: does the press publishers’ right apply to social media? While social media were not explicitly singled out, they seem to comfortably fall within the ISSP definition. Do social media make content available?

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LulaNO: The Legal Future of Multi-Level Marketing Companies

LexBlog IP

Founded in 2012 as a multi-level marketing company (“MLM”) selling women’s clothing, LuLaRoe reached 80,000 distributors by 2017. In 2016, the company, led by a husband-and-wife team, reported sales of approximately $1 billion. MLMs are nothing new. Based on these numbers, the future for MLM companies is bleak.

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Sunday Surprises

The IPKat

The UK IPO has launched a public consultation on the post-implementation review of Copyright, Designs and Patents Act 1988, regarding whether the 2016 amendments achieved their objectives. Common Market Law Review has announced the 2021 Prize for Young Academics. The call for views is open until August 31.

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Can Celebrity Catchphrases be Intellectually Protected?

IIPRD

Some classic examples of catchphrases in the commercial market include Nike’s “Just Do It,” KFC’s “Finger Lickin’ Good,” Thums Up’s “Taste the Thunder,” Redbull’s “Give you Wings,” among others. Phil episode in 2016, famously uttered the words “Cash me outside, how boutdah?”

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IT’S THE COPYRIGHT INFRINGEMENT FOR ME: WHY CLAIMS AGAINST MEME CONTENT SHOULD NOT MATTER

JIPL Online

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]

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Can You Trademark A Hashtag?

Kashishipr

All ardent social media users are aware of the latest trend of using hashtags to spread the word across a wide range of users for bolstering consumer engagement. Therefore, the prime role of such hashtags needs to be assessed in line with the Trademark Law to deduce whether they qualify for trademark protection.

Trademark 105
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Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

Technology & Marketing Law Blog

In 2016, Time “embedded” one of Brauer’s Instagram posts, featuring one of his photos of Hilary Clinton, in its entirety (preserving his username or “handle”, his caption, and his links and hashtags). The vast majority of people who post to social media want their posts to be embedded and made available to others.