43(B)log

MARCH 28, 2024

Princeton insured Wonderland from 2016-2018 (with a broad exclusion for defamation, invasion of privacy, and various forms of advertising injury in the second year called the Exhibitions and Related Marketing Exclusion), and agreed to defend the club but reserved the right to deny insurance coverage. Houston, Inc., 4th 274 (5th Cir.

Advertising 64

Advertising Advertising Settlement Contracts 64

Technology & Marketing Law Blog

MARCH 2, 2023

In 2016, Congress enacted the Consumer Review Fairness Act (CRFA), which bans businesses from trying to contractually restrict their customers’ reviews. Tennessee and Kentucky sued it over its marketing practices, such as allegedly overclaiming buyers’ eligibility for tax credits.

Contracts 60

Contracts Social Media Business Blogging 60

Technology & Marketing Law Blog

MARCH 10, 2022

Defendants also managed the social media presence of the “La Baguette” business, which primarily consisted of a Facebook page. Moore, Find Out Who Your Friends Are: A Framework for Determining Whether Employees’ Social Media Followers Follow Them to A New Job, 39 CAMPBELL L. See generally, Christopher A.

Social Media 79

Social Media Contracts Ownership Business 79

SpicyIP

JUNE 17, 2022

The New-York based cosmetics company reportedly struggled due to competition from other established brands as well as a host of small companies that use social media. Smaller / niche cosmetic brands have noticeably increased even in the Indian social media space. Are there more mistakes in the TMR’s list?

Trademark 126

Trademark Social Media Branding Brands 126

IPilogue

APRIL 26, 2022

EOS applied for the mark’s registration in a black and white colour scheme in 2016. The examiner opined that the mark does not depart significantly from other shapes for similar products in the market, which is the EUIPO’s pre-requisite for registering 3D marks. EOS Products (“EOS”), the U.S.

Social Media 119

Social Media Registration Marketing Marketing 119

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 119

Social Media Television Intellectual Property Technology 119

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. In common with licensed services, pirate IPTV providers have broadly two options for reaching the market.

Social Media 138

Social Media Marketing Marketing Licensing 138

The IPKat

JULY 4, 2021

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.

Intellectual Property 70

Intellectual Property Journalism Social Media Intellectual Property Law 70

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. In May 2016, the first online betting center in Gangtok was inaugurated by Kapil Dev, owned by Golden Gaming International Pvt Ltd. Black, Black’s Law Dictionary (6th ed.

Law 73

Law Licensing Government Advertising 73

Technology & Marketing Law Blog

JANUARY 3, 2023

” The post 2H 2022 Quick Links, Part 3 (Copyrights and More) appeared first on Technology & Marketing Law Blog.

Copyright 91

Copyright Social Media Copyright Infringement Publishing 91

Kluwer Copyright Blog

NOVEMBER 4, 2021

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?

Social Media 142

Social Media Publishing Art Copying 142

Technology & Marketing Law Blog

FEBRUARY 27, 2022

dispute back in the Ninth Circuit in 2016. Power Ventures involved a social media aggregator’s consensual use of its users’ Facebook passwords to access their Facebook accounts. The service that Power Ventures sold was a platform to manage multiple social media platforms together. Power Ventures, Inc. Facebook v.

Cease and Desist 120

Cease and Desist Blogging Contracts Social Media 120

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

IIPRD

OCTOBER 28, 2023

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?”

Copyright Law 59

Copyright Law Branding Brands Branding 59

TorrentFreak

MAY 17, 2022

Aside from living up to the significant functional claims in its marketing, the big questions revolve around legality. In 2016, AACS told the Court that DVDFab had blatantly ignored its injunction and was continuing to conduct business as usual. Do the streaming services allow users to make copies and is this type of software legal?

Copying 115

Copying Social Media Licensing Technology 115

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 71

IP Advertising Advertising Copyright 71

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

Herbert Smith Freehills

NOVEMBER 30, 2021

They have been helped by a local creative and digital marketing company, who threw their weight behind the product. The bottles started hitting the shelves in 2016. I left Herbert Smith Freehills in 2017, moving to Minnesota and joining a company to help with their marketing. We are aiming at the higher end of the market.

Marketing 52

Marketing Marketing Social Media Business 52

Kashishipr

JANUARY 12, 2022

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. Protecting a hashtag can be a good marketing strategy as it enables businesses to connect and reach a wider audience that enjoys the same kind of goods or services.

Trademark 105

Trademark Registration Registering Trademarks Social Media 105

Technology & Marketing Law Blog

AUGUST 1, 2023

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.

Blogging 95

Blogging Copying Social Media Copyright 95

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

The TTABlog

APRIL 28, 2022

He took various steps to bring his company to fruition, having a design make sketches for various watch parts, using the mark at issue as a "thumbnail" on social media, making a sample box, straps, business cards, and the like, and preparing a basic breakdown of the money he would need.

Designs 68

Designs Design Social Media Registration 68

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

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

Technology & Marketing Law Blog

OCTOBER 28, 2022

But much of this business model is contingent on being able to sell flights directly through Ryanair’s site to control the market for ancillary services. Power Ventures was a 2016 case involving Facebook (back when the company itself was still known as Facebook). But that is precisely what courts are allowing it to be used for.

Blogging 86

Blogging Cease and Desist Business Litigation 86

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 IPKat

NOVEMBER 27, 2023

The long history of the parties’ joint presence on the UK market clearly added a degree of complexity to the judgment, which contains a detailed review of each side’s business over the years. I may have misheard but I believe this might also be on the way to the Court of Appeal on the crowded market point. IPKat here.

Editing 70

Editing Registration Branding Brands 70

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 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 95

Fair Use Licensing Copying Artwork 95

LexBlog IP

OCTOBER 25, 2023

” That scholarship focused on fictional characters and why they come to mean so much to readers: Tarzan, Betty Boop, Sam Spade, Scarlett O’Hara, James Bond, Harry Potter, Holden Caulfield, Sherlock Holmes: the mere names of these once-litigated figures evoke the market power and popular significance characters can possess.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

LexBlog IP

JULY 7, 2023

8] Second, as to the works’ purpose, the court found that it was unclear whether Prince intended to create a parody of the original photographs, a satire of society’s use of social media, or neither, pointing out Prince’s own contradictory testimony on the question. [9]

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

Above the Fold

MAY 25, 2022

Social media has taken over, with social media users nearly doubling from 2.3 billion in 2016, to 4.2 1] Social media platforms provide direct access to consumers, with the ability to focus on niche consumer groups. 2] Disclosures 101 for Social Media Influencers (ftc.gov). [3]

Social Media 52

Social Media Branding Brands Branding 52

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). User names on social media may or may not include trademarks; user bios give more information. It’s like with CPB. Riddled with errors.

Fair Use 45

Fair Use Branding Brands Branding 45

Kluwer Copyright Blog

MAY 11, 2023

The relevant act, seeking to bring Ireland in line with the Directive, is the Statutory Instrument 567/2021 ‘European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021’ (hereinafter ‘ the Regulations’ ). The Irish legislative transposition finally became law on 19 November 2021.

Copying 103

Copying Copyright Law Copyright Social Media 103

LexBlog IP

MAY 25, 2022

Social media has taken over, with social media users nearly doubling from 2.3 billion in 2016, to 4.2 1] Social media platforms provide direct access to consumers, with the ability to focus on niche consumer groups. 2] Disclosures 101 for Social Media Influencers (ftc.gov). [3]

Social Media 52

Social Media Branding Brands Branding 52

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. states had residents. Opposer’s 23.3

Television 40

Television Music Advertising Advertising 40

Kluwer Copyright Blog

MARCH 6, 2023

A series of recent amendments to copyright law, including in the EU Copyright and the Digital Single Market Directive (Art. For example, David Westergaard et al analyzed 15 million full-text articles in English from 1823-2016 and compared the findings to results obtained from 16.5 3 and 4) and in Singapore’s new Copyright Act (Art.

Copyright 122

Copyright Social Media Publishing Licensing 122