43(B)log

MARCH 28, 2024

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. The court found that definition of “Exhibitions and Related Marketing” was so broad as to “preclude coverage in almost any circumstance.”

Advertising 64

Advertising Advertising Settlement Contracts 64

BYU Copyright Blog

APRIL 1, 2024

Francis, located in Watsonville, CA, contracted with Morlos to be the exclusive provider of photography service for the school from June 2018 to May 2021. Morlos also provided large complimentary promotional posters for the school to advertise with. Morlos and St. In December 2022, Morlos sent a cease-and-desist letter to St.

Cease and Desist 40

Cease and Desist Social Media Contracts Intellectual Property 40

TorrentFreak

JANUARY 21, 2022

In 2017 and 2018, its lawyers wrote to them several times, demanding that they cease and desist. In order to function, EngineOwning uses a number of services including internet service providers, payment providers and social media websites. Activision Subpoenas… Everything.

Cease and Desist 134

Cease and Desist Social Media Reporting Copyright Infringement 134

43(B)log

APRIL 26, 2022

Painaway advertised its products as “Australia’s No. 1 Joint & Muscle Spray and Cream Topical Pain Relief Brand” on: (1) its Australian website; (2) social media; and (3) Ultimate Fighting Championship (“UFC”) athletes’ clothing in matches televised in the United States. Painaway advertised its products as “Australia’s No.

Television 72

Television Social Media Advertising Advertising 72

Michael Geist

APRIL 20, 2023

Gold continues with specific examples: For example, Facebook acquired exclusive broadcasting rights for several baseball games during the 2018, 2019 Major League Baseball seasons. When they make money from these activities, social media companies must be obliged to reinvest in our creators and into local content creation.

Government 95

Government Social Media Law Music 95

43(B)log

JULY 6, 2022

Marketing Sales Practices & Prods. Plaintiffs moved to certify four classes of purchasers of JUUL products on “theories that defendants’ marketing of JUUL was unlawfully deceptive, JUUL was unlawfully marketed to youth, and JUUL products are not fit for ordinary use.” In Re Juul Labs, Inc., I don't even have a RICO tag!

Social Media 59

Social Media Marketing Marketing Advertising 59

Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? by guest blogger Prof. Alexandra Jane Roberts. As a bar and restaurant, the use is commercial, but is it also transformative?

Blogging 91

Blogging Social Media Television Fair Use 91

43(B)log

SEPTEMBER 1, 2021

It submitted 14 social media posts “which it contends shows consumers and retailers attributed a particular source to Defendants’ liquor and Plaintiff’s television show.” False advertising/passing off: Same basic problems. And Mandabach failed to show actual association of the TV show with a particular source.

Social Media 93

Social Media Television False Advertising Artistic Work 93

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Starting in 2018, Shared “lost access” to the instant articles program three times, each time (allegedly) without advance notice despite the applicable TOS saying Facebook “will use good faith efforts to provide Publisher with notice of” any termination. & Prof.

Contracts 92

Contracts Social Media Advertising Advertising 92

Technology & Marketing Law Blog

DECEMBER 15, 2021

The wranglings caused the registrant’s sticker to be removed from Amazon for a total of 44 days in 2018 across several different incidents. Before November 19, 2018, the previous takedown notices to Amazon didn’t violate 512(f) because the successor licensee didn’t have the requisite bad intent.

Registration 112

Registration Fair Use Copyright Designs 112

azrights

MAY 10, 2022

Compumark an industry leader in trademark research and protection reported in 2020 that trademark infringement is rising year on year with 85% of brands experiencing trademark infringement in the previous year, showing a steady upward trend from 81% in 2018 and 74% in 2017. Not understanding marketing. Failing to plan properly.

Business 98

Business Branding Brands Branding 98

43(B)log

JUNE 26, 2023

REELZ allegedly told advertisers that the “working title” of the show was “PD Live,” and went so far as to announce that “REELZ ADDS #1 TV SHOW TO OUR PROGRAMS LINEUP” with “ALL NEW LIVE EPISODES.” Media critics allegedly readily observed that the new show was “a clone of A&E’s Live PD,” and that “On Patrol: Live is Live PD.”

Social Media 59

Social Media Copying Fair Use Advertising 59

43(B)log

JANUARY 5, 2024

2, 2024) Some interesting comments on when individual instances of “confusion” don’t count, as well as their relevance to evaluating out-of-court social media etc. While multiple witnesses testified as to Plaintiff’s significant marketing and advertising efforts, that alone is not indicative of strength.

Branding 59

Branding Brands Branding Marketing 59

43(B)log

OCTOBER 6, 2021

American Girl applied for trademarks on a space-themed doll named Luciana Vega, which it began marketing in 2018 as its “Girl of the Year” doll. Walkowicz allegedly received multiple emails and social-media messages commenting on the similarities between Walkowicz and Luciana and inquiries about whether they had endorsed the doll.

Law 59

Law Privacy False Advertising Social Media 59

IP and Legal Filings

NOVEMBER 8, 2021

This is primarily due to the fact that a large number of new millionaire buyers have joined the market, thus leading to a surge in the trade of contemporary art. As of 2018, the global art market was valued at over 67 billion US dollars. Moreover, the contemporary art domain now accounts for 15% of the global art market.

Art 74

Art Artwork Television Copyright Infringement 74

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. 29, 2013), [link]. [ii]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Technology & Marketing Law Blog

DECEMBER 12, 2021

Based on the facts alleged, there is no reason to believe that even if Schmidt’s estranged husband had not purchased a gun from a person who posted an advertisement on the Armslist website, Schmidt would still be alive. The court concludes: The murder of Commander Paul Bauer on February 13, 2018 was horrific and inexcusable.

Copyright Infringement 115

Copyright Infringement Publishing Designs Design 115

IIPRD

FEBRUARY 27, 2021

The sale resulted in Braun acquiring Swift’s catalog of master recordings for six albums, which reportedly accounts for 30% of the company’s market share. Swift thus, made a move now that she was in a position of power; She left Big Machine Group in 2018 for Universal Music Group (‘UMG’). A Conglomerate.

Music 40

Music Branding Brands Branding 40

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.” He started collecting real-world test data in August 2018.

Marketing 59

Marketing Marketing Trademark Branding 59

43(B)log

JANUARY 18, 2022

This seems wrong to me—like holding a skateboard nonfunctional because you can also use roller skates if you want personal wheels, or the Dippin’ Dots ice cream configuration nonfunctional because one can eat regular ice cream instead—but does provide a nice illustration of the importance of market definition to functionality determinations.

Registration 45

Registration Ownership Social Media Marketing 45

43(B)log

DECEMBER 1, 2022

Viacom also engaged a market research company to learn more about “southern beach culture,” which suggested that the term Flora-bama was “either unknown or though [sic] to refer strictly to the bar.” An online article used photos of the Lounge in its coverage of the series, and MGFB also submitted social media posts.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

Technology & Marketing Law Blog

JULY 5, 2021

The Counterclaim alleges that Kid Car purchased “KIDMOTO” as keyword on Google and that by using ‘kid car’ in the resulting advertisement there is a likelihood of consumer confusion.” Whole Foods Market Service, Inc., ” * RVC Floor Decor, Ltd. Floor and Decor Outlets of America, Inc., 2021 WL 1163117 (E.D.N.Y.

IP 85

IP Social Media Fair Use Branding 85

LexBlog IP

JANUARY 25, 2023

The DSA is a key development in the use of online services in the European Union (“ EU ”), with an impact on online services as significant as the one which the General Data Protection Regulation (“ GDPR ”) had upon the collection, use, transfer, and storage of data originating in the EU on 25 May 2018.

Social Media 52

Social Media Advertising Advertising Settlement 52

Technology & Marketing Law Blog

JUNE 7, 2023

The plaintiffs asserted products liability and related claims against Snap, on the premise that Snap “is an inherently dangerous software product that Defendants deceptively advertise and promote in a way that facilitates sex crimes against children.” Snap appeared first on Technology & Marketing Law Blog.

Blogging 88

Blogging Social Media Editing Designs 88

Technology & Marketing Law Blog

SEPTEMBER 6, 2021

The court summarizes the allegations: Plaintiffs John Doe #1 and John Doe #2 allege that when they were thirteen years old they were solicited and recruited for sex trafficking and manipulated into providing to a third-party sex trafficker pornographic videos (“the Videos”) of themselves through the social media platform Snapchat.

Blogging 109

Blogging Publishing Social Media Advertising 109

Technology & Marketing Law Blog

JANUARY 18, 2022

trafficking when they enter into agreements with traffickers to share proceeds of advertisement revenue earned from child pornography videos posted to their websites, and actively employ tactics to make it difficult for law enforcement to locate traffickers. The complaint enumerates specific videos of the plaintiffs. Ruling #1: A.B.

Blogging 120

Blogging Reporting Publishing Law 120

SpicyIP

DECEMBER 30, 2023

The dispute arose because Oppo did not pay royalties to Nokia for using its SEPs after the expiration of their agreement in 2018 and went on to sell their handsets using Nokia’s SEPs in India. On March 13, the Delhi High Court granted an ex parte interim injunction in Markets and Markets Research Pvt. Makemytrip (India) Pvt.

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

MARCH 16, 2023

Over the years, the FTC has issued many 6(b) studies, ranging from the annual studies of cigarette and tobacco marketing to a 2021 study on internet service provider privacy issues to a 2018 study on mobile security issues. Second, the substance Two items were on the agenda today, and they both involve FTC 6(b) studies.

Social Media 52

Social Media Reporting Journalism Advertising 52

Technology & Marketing Law Blog

JUNE 19, 2022

In February 2018, a Facebook researcher all but shut off the News Feed ranking algorithm for.05% People spent more time scrolling through the News Feed searching for interesting stuff, and saw more advertisements as they went (hence the revenue spike). [Shoutout to all of the dads out there! ]. The Algorithms. 05% of Facebook users.

Music 81

Music Social Media Advertising Advertising 81

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 114

Law Social Media Government Privacy 114