TorrentFreak

NOVEMBER 30, 2022

By recording the latest movies directly from the silver screen using concealed devices, ‘cammers’ fuel the illicit piracy market that thrives during the first few days of a film’s initial release. TGx is an open platform with an active and lively community, a relative rarity in today’s streaming-dominated market.

Cinema 124

Cinema Intellectual Property Copying Government 124

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. These provisions served as, among other things, models for Articles 18 and 20 in the new DSM Copyright Directive (2019/790).

Contracts 98

Contracts Copyright Law Cease and Desist 98

Kluwer Copyright Blog

NOVEMBER 17, 2021

Part 1 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 is available here , and parts 3 and 4 will be published on the blog over the coming days. . The BGH arrived at the same ruling as in Cordoba II in another judgment in 2019 called Testversion.

Law 52

Law Copyright Television Copyright Infringement 52

LexBlog IP

OCTOBER 25, 2021

It is difficult to remember a time when keyword advertising did not dominate the internet. Most search engines, such as Google, Bing, and Yahoo, maintain keyword advertising programs which allow advertisers to bid on search terms and keywords that drive customers searching for a particular product or service to their website.

Advertising 52

Advertising Advertising Trademark Cease and Desist 52

Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. That’s certainly true for high-profile and well-advertised consumer items like fast food chains, mass-market phones, and major car labels, but is it true in this particular niche? However, the results are consistent with each other.

Trademark 79

Trademark Advertising Advertising False Advertising 79

43(B)log

MARCH 6, 2024

1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. The court dismissed the complaint—the false advertising claims with prejudice.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

Kluwer Copyright Blog

NOVEMBER 22, 2021

Parts 1 and 2 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here and here , and part 4 will be published on the blog shortly. Related rights. In addition to rights of the author, German copyright law also recognises related rights.

Related Rights 52

Related Rights Law Copyright Copying 52

TorrentFreak

OCTOBER 30, 2021

These overviews provide input for the USTR’s annual notorious markets overview, where sites such as The Pirate Bay, Fmovies and Uploaded have appeared as repeat offenders. Not everyone agrees that YouTube downloaders and domain registrars are piracy havens, and adding advertising companies is seen as a controversial step as well.

Advertising 123

Advertising Advertising Reporting Copyright Infringement 123

The IP Law Blog

SEPTEMBER 22, 2022

It apparently conducted market research and discovered that P&P was one of the most successful sellers on Amazon in this category. In March 2019, P&P sued Johnson Enterprises for trade dress infringement under section 43(a) of the Lanham Act and unfair competition under California law.

Copying 98

Copying Marketing Marketing Advertising 98

The TTABlog

DECEMBER 6, 2021

2019 USPQ2d 460354 at *23. Dimarzio claimed use of the proposed mark since 1979, with millions of consumers observing its guitar pickups in videos, advertisements, and musical performances. Tool , 2019 USPQ2d 460354, at *25. The Board concluded that DiMarzio's advertising fell short of supporting its Section 2(f) claim.

Advertising 100

Advertising Advertising Marketing Marketing 100

BYU Copyright Blog

OCTOBER 17, 2022

In the Complaint, Bowers argues that the Defendants “took Plaintiff’s copyrighted Work without a proper license in order to nationally advertise, market, and promote its business activities across the Kansas City, Missouri area.” The use of the Work on the College's graphic design department website was allegedly discovered in 2019.Bowers

Graphic Design 52

Graphic Design Settlement Advertising Advertising 52

SpicyIP

MARCH 15, 2022

Press publishers are dependent on platforms like Google and Facebook for referential traffic on their website making it difficult for them to negotiate with giant platforms especially the ones with the dominant market position. The EU took the Intellectual Property route by introducing a related right under its copy right law.

Publishing 105

Publishing Marketing Marketing Advertising 105

43(B)log

MARCH 10, 2023

Plaintiff WATL is allegedly the preeminent governing body and league for the sport of axe throwing and uses the trademark “WATL” to market and publicize the axe throwing league. First, nominative fair use permits only the “truthful use of a mark.” Toyota, 610 F.3d 3d at 1177. Use of the mark with the words “compliant,” “legal,” and “meets.

Fair Use 69

Fair Use False Advertising Social Media Advertising 69

43(B)log

NOVEMBER 28, 2022

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. They weren’t directly asked about the phrase “Super Creatine,” whether participants had prior experiences with or opinions of Bang, or whether they had seen Vital’s advertising in the market.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

Patently-O

JANUARY 3, 2024

EL’s friend Jane provided some financing to develop and test the prototype, and also gave EL marketing advice, but did not contribute directly to the technical development. His first prototype testing occurred in 2018 and continued up until the end of 2019. By November 2019, EL was satisfied with the design.

Patent Law 77

Patent Law Law Patent Patent Application 77

IIPRD

MARCH 4, 2024

For example, noodles people prefer Maggie over other companies noodles because of the uniqueness in the packaging, taste and also the advertisement which creates an impact on customers to buy the product. It creates an impact in the market, like at the time of collaboration or merger with foreign companies. 2] Novartis v. Cipla, I.A.

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

LexBlog IP

SEPTEMBER 22, 2022

It apparently conducted market research and discovered that P&P was one of the most successful sellers on Amazon in this category. In March 2019, P&P sued Johnson Enterprises for trade dress infringement under section 43(a) of the Lanham Act and unfair competition under California law.

Copying 52

Copying Marketing Marketing Advertising 52

43(B)log

DECEMBER 26, 2022

for unlawfully manufacturing, importing, advertising, marketing, selling, and distributing unauthorized, counterfeit versions of its popular CAKE brand of hemp-derived Delta-8 products. Here, however, AKF didn’t allege that Mothership ever marketed, sold, or advertised the “Cake” mark. AKF sued LCF etc. 3d 1068 (9th Cir.

Copyright Infringement 59

Copyright Infringement Branding Brands Branding 59

43(B)log

AUGUST 18, 2022

12, 2022) Many FDA-related false advertising claims about pharmaceuticals are preempted because of the special role FDA plays in regulating them, but not all, as this case explains, applying Pom Wonderful to the pharmaceutical context. Azurity sells a hydrochloride vancomycin drug that received FDA pre-market approval. 3d 725 (9th Cir.

False Advertising 59

False Advertising Law Advertising Advertising 59

TorrentFreak

JULY 29, 2021

In 2019, a Virginia jury ordered Internet provider Cox to pay a billion dollars in damages to a group of major record labels. advertised high-speed Internet access, combined with the inaction against online piracy, attracts potential copyright infringers to the ISP, the complaint alleges. through a separate letter. The fact that WOW!

Copyright Infringement 142

Copyright Infringement Copyright Music Settlement 142

SpicyIP

OCTOBER 27, 2023

False urgency is a marketing tactic that creates a false sense of scarcity to pressure consumers into making a purchase, often resulting in dark patterns, limited stock, and unexpected delivery. False advertising and misleading representations: Dark patterns often involve misleading representations about products, services, or offers.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

The TTABlog

JUNE 5, 2023

Applicant's "test mode" website indicated that it would be marketing itself as “the pet drink specialist” and it asserted that "Pet C Cola is the nutritional and super tasty drink for dogs and cats." and is strong evidence of Applicant’s intent to copy and create an association with Opposer’s mark." PepsiCo, Inc.

Branding 52

Branding Brands Branding Advertising 52

TorrentFreak

JULY 16, 2022

The inaugural phase of 2019 – the original Operation 404 – claimed 210 illegal websites and 100 illegal apps. A little while back we became aware of a discussion about Nagra’s work based on documents made publicly available on a regional website of an advertising regulation authority with offices across South America.

Reporting 131

Reporting Advertising Advertising Marketing 131

43(B)log

FEBRUARY 28, 2022

Telebrands markets and sells “As Seen on TV” consumer household products via websites, phone numbers, and big box retailers. Telebrands made a pandemic-related effort to market and sell a hand sanitizer product, but retailers were historically reluctant to carry products associated with hemp, so it used “Healthvana” for its hand sanitizer.

False Advertising 64

False Advertising Marketing Marketing Branding 64

Technology & Marketing Law Blog

DECEMBER 13, 2023

Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. Copyright law forbids duplication, public performance, and so on, unless the person wishing to copy or perform the work gets permission; silence means a ban on copying. 2019 WL 3555509 (D. 634 F.Supp.2d

Blogging 80

Blogging Copyright Contracts Cease and Desist 80

Technology & Marketing Law Blog

MAY 13, 2024

As I wrote back in December, scraping claims are almost always about unwanted copying and distribution of data. s Terms of Service (“ToS”) when it created a new account in 2019. However, scraping generally means “extracting data from a website and copying it into a structured format, allowing for data manipulation or analysis.”

Blogging 96

Blogging Contracts Cease and Desist Social Media 96

Intepat

DECEMBER 4, 2023

The share of MSME Gross Value Added ( GVA ) in India’s GDP during the years 2019-20, 2020-21, and 2021-22 was an impressive 30.5%, 27.2%, and 29.2%, respectively. in the years 2019-20, 2020-21, and 2021-22, respectively. Patents enable the establishment of a strong market presence and revenue generation through licensing as well.

Patent 52

Patent Intellectual Property Ownership Invention 52

43(B)log

JULY 20, 2023

for deceptive advertising of dietary supplements in violation of the FTCA and the COVID-19 Consumer Protection Act. In general, advertisements provide consumers with information regarding products or services for sale in commerce. Nepute, 2023 WL 4623089 , No. 4:21-CV-437 RLW (E.D. Were the publications at issue ads? “

Government 52

Government Advertising Advertising Social Media 52

Intellectual Property Office Blog

JULY 29, 2021

As ITV2’s most successful show of all time, it’s no surprise that it attracts such huge sponsors and advertisers to invest. Molly Mae rose to fame following 2019’s season where she came in second place with her now long-term boyfriend Tommy Fury. million viewers back in 2020. Take Molly Mae Hague as an example.

IP 85

IP Branding Brands Branding 85

TorrentFreak

NOVEMBER 8, 2021

“In the case of an April 2019 attack on a synagogue in San Diego, for example, the perpetrator allegedly both drew inspiration for the attack from 8chan forums and used the site to advertise his actions and garner more attention from likeminded users. Department of Commerce consultation is available here (pdf).

Privacy 131

Privacy Law Copyright Copyright Infringement 131

TorrentFreak

MAY 18, 2022

In late 2019, the IPTV provider found itself being extorted by a hacker who claimed to have obtained the details of around 121,000 of its subscribers. The service was marketed and sold to users via these domains and through social media platforms.

Cease and Desist 127

Cease and Desist Social Media Branding Brands 127

Technology & Marketing Law Blog

JULY 18, 2023

This is great for Google but highly harmful to Genius, which, like many websites, bases its business model on users’ traffic and advertisements. Genius planted tiny mistakes in some of the lyrics it posted, and once those appeared in Google’s information boxes, it argued that Google copied lyrics from Genius.

Blogging 92

Blogging Contracts Copyright Law Copyright 92

43(B)log

JUNE 26, 2023

16, 2023) The court refused to dismiss copyright and trademark claims based on copying of a TV show format, including the hosts. 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.”

Social Media 59

Social Media Copying Fair Use Advertising 59

Technology & Marketing Law Blog

JULY 5, 2022

Market effect. Bayside didn’t explain the market for the photos or how the tweets harmed that market. Likewise, the comment about plagiarism follows a post that linked to a Rolling Stone article and suggested that Respondent “mostly copied it word for word.” Amount taken. Kevin McFree.

Fair Use 94

Fair Use Plagiarism Copyright Marketing 94

43(B)log

MAY 2, 2023

21, 2023) ExeGi sued Brookfield for state and federal false advertising/tortious interference. The parties compete in the market for probiotics. Visbiome “is one of the most extensively studied probiotics on the market, having been the subject of more than 70 human clinical trials.”

False Advertising 59

False Advertising Advertising Advertising Marketing 59

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

LexBlog IP

FEBRUARY 28, 2022

precisely replicat[ing] a copyrighted advertising logo to make a comment about consumerism’ (such as Warhol’s well-known depictions of Campbell’s soup cans), which ‘might. That factor asks “whether, if the challenged use becomes widespread, it will adversely affect the potential market for the copyrighted work.” [20]

Fair Use 97

Fair Use Derivative Work Art Licensing 97