Technology & Marketing Law Blog

DECEMBER 15, 2021

The court also credits the self-serving claim by the successor licensee that it considered fair use by comparing the works and evaluating if the works were being sold commercially or for other purposes. Anthony, 2020 WL 11206863 (N.D. OK, I guess, but this is a reminder of how hard it is to win 512(f).

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Technology & Marketing Law Blog

DECEMBER 11, 2021

In the wake of the 2020 Lukis v. For example, if a third-party poster copies a newspaper article and posts it to their social media page, the court implies that the social media service can never assert Section 230 protection for that article–even if the third-party poster isn’t infringing copyright because of, say, fair use.

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Advertising Advertising Social Media Blogging 97

43(B)log

MAY 2, 2022

In 2020, WGACA added the disclaimer: “WHAT GOES AROUND COMES AROUND IS NOT AN AUTHORIZED RESELLER NOR AFFILIATED WITH ANY [sic] THE BRANDS WE SELL.” WGACA also advertises its products using a combination of its marks and the marks of all of the luxury fashion houses that it sells. Nominative fair use factors: Also for a factfinder.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

JIPL Online

APRIL 9, 2021

On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. ix] Just a brief glimpse at a meme can demonstrate just how little copyright protected material is used. [x] 277 (2020). [iv]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Technology & Marketing Law Blog

AUGUST 1, 2023

In 2020, BuzzFeed “embedded” one of Hunley’s Instagram posts, featuring one of her photos of a Black Lives Matter protest, in its entirety (again, preserving her username, caption, and hashtags). The Ninth Circuit ultimately ruled, however, that making and displaying thumbnail images to facilitate an image search engine was a fair use.

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Blogging Copying Social Media Copyright 97

Copyright Lately

APRIL 3, 2023

The future of “controlled digital lending” is in doubt after a court rules that the Internet Archive’s online library is not protected by fair use. In March 2020, the Covid-19 pandemic closed libraries nationwide and, by IA’s estimate, took 650 million print books out of circulation.

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Fair Use Copying Publishing Copyright 71

Technology & Marketing Law Blog

JULY 5, 2021

Some interesting discussion on the use of Google and Twitter to determine genericness: Plaintiffs also offered evidence of Google searches and social media mentions on Twitter to support their position that PRETZEL CRISPS is not generic. A company used [competitortrademark].com Whole Foods Market Service, Inc.,

IP 85

IP Social Media Fair Use Branding 85

IP and Legal Filings

SEPTEMBER 30, 2022

In addition to supporting gaming and social media, the Metaverse combines sectors of the economy, digital identity, decentralized democratic accountability, and other applications. Instead of shipping the product itself, which is regularly traded in the market among consumers after each sale, users can easily sell and transfer an NFT.

Trademark 52

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Technology & Marketing Law Blog

JUNE 21, 2023

While the Court did not disapprove of application of the Rogers test, it also did not approve of use of this speech-protective test (unlike the Congressional members of the House Judiciary Committee: see the “Balancing First Amendment concerns” section of the legislative history for the Trademark Modernization Act of 2020 ).

Trademark 103

Trademark Blogging Trademark Law Fair Use 103

43(B)log

OCTOBER 4, 2021

Indeed, the PTO has increased its focus on whether the use an applicant is making is trademark use, as opposed to ornamental or informational use, in its registration decisions. Professor Alexandra Roberts has written an excellent recent article on this, Trademark Failure to Function.

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IP Trademark Advertising Advertising 94

Copyright Lately

MARCH 6, 2023

Coakley’s Certificate of Engagement (from court files) Allegations of On-Set Misconduct Emerge Runt premiered at the Mammoth Film Festival in February 2020 , where the film took home the festival’s Audience Award for Best Feature Film. The Sixth Circuit ruled in Balsley’s favor, rejecting Hustler ‘s fair use defense.

Copyright 79

Copyright Derivative Work Fair Use Social Media 79

LexBlog IP

APRIL 20, 2022

As described here in a previous post: The United States Court of Appeals for the Second Circuit rejected an artistic intent or purpose test for fair use on March 26, 2021, in The Andy Warhol Foundation v. ” Then, as I noted , the US Supreme Court decided a few days later, “in Google v. 2020-2205, slip op.

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52

Technology & Marketing Law Blog

JANUARY 27, 2022

First, governments can never successfully operate a social media service. Of course, mobs, riots, rebellions, pogroms, lynchings, and other coordinated killings have taken place throughout human history, well before social media existed. social media has played an outsized role in finding and prosecuting the insurrection.

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Social Media Law Privacy Government 132

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.

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Law Social Media Government Privacy 118