Delaware Intellectual Property Litigation Blog

MAY 15, 2021

May 7, 2021), the Court granted Natera’s motion to exclude at trial the opinions of CareDx’s damages expert relating to “corrective advertising damages.” 1117(a)(2), a successful false advertising plaintiff can recover the costs of any completed advertising that actually and reasonably responds to the defendant’s offending ads.’” Id.

False Advertising 45

False Advertising Advertising Advertising Copying 45

43(B)log

SEPTEMBER 15, 2021

3:20-CV-929 JD, 2021 WL 3887243 (N.D. 31, 2021) Plaintiffs “have an interest in a patented computer program that allows medical professionals to more easily determine the correct way to position bones for optimal healing after orthopedic procedures.” I’m only going to discuss the false advertising aspects.

Advertising 59

Advertising Advertising Social Media False Advertising 59

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

TorrentFreak

OCTOBER 1, 2021

However, in this case, it leads to the unfortunate situation that pirated copies of the film are already widely available online before people can see them legally. Pirates Leak “No Time to Die” Over the past few hours, several copies of “No Time to Die” started to circulate. 2021.720p.HDCAM-C1NEM4.

Copying 145

Copying Advertising Advertising Reporting 145

The IPKat

DECEMBER 16, 2021

In February , the Court of Appeal in Nigeria issued a decision in Banire v NTA-Star TV Network Ltd regarding the question of authorship and ownership of copyright in photographs used for advertising purposes and provided guidance on factors that must be established to succeed in a claim for passing off relating to image rights in Nigeria.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

TorrentFreak

FEBRUARY 1, 2024

What began as a fairly bitter and personal affair has left both sides with little to celebrate since the lawsuit was filed in 2021. In summary, H3 says that when it showed the fight along with biting commentary on YouTube, that was fair use, even though the video shown was sourced from a pirated copy of the PPV event.

Copyright Infringement 75

Copyright Infringement Advertising Advertising Copyright 75

43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Maryland: First ever digital advertising tax, on gross receipts. Joseph Lewczak: FTC v. NY, DC, WA are considering similar taxes so it’s a trend to watch. Chemence, Feb.

Advertising 40

Advertising Advertising Law Privacy 40

Patently-O

AUGUST 13, 2021

21-193 (Supreme Court 2021). The court relied upon additional facts not found in the question presented–noting that the document in question was distributed to hundreds of customers over a span of years and without any confidentiality restrictions; and that product advertisements were designed to attract persons of skill in the art.

Confidentiality 90

Confidentiality Advertising Advertising Invention 90

TorrentFreak

JUNE 15, 2023

“Twitter fuels its business with countless infringing copies of musical compositions, violating Publishers’ and others’ exclusive rights under copyright law,” the complaint reads. ‘Music Piracy Fuels Revenue’ Twitter’s revenue partly relies on advertising which, in turn, is boosted by additional views.

Copyright Infringement 131

Copyright Infringement Music Copyright Social Media 131

Delaware Intellectual Property Litigation Blog

MAY 29, 2021

May 28, 2021), the Court granted in part and denied in part Peleton’s Partial Motion to Dismiss ICON’s First Amended Counterclaims. A copy of the Memorandum Opinion is attached. ICON Health & Fitness, Inc. Civil Action No. 20-662-RGA (D.Del.

Advertising 56

Advertising Advertising Copying Technology 56

Technology & Marketing Law Blog

AUGUST 19, 2021

The court says: The offending content is generated by Classmates and the advertisement is not merely some passive display of content created by another entity, even if it contains a picture from a school yearbook. Facebook’s ads remixed third-party content, but Facebook generated the ad copy itself. 2021 WL 3510350 (W.D.

Advertising 121

Advertising Advertising Marketing Marketing 121

TorrentFreak

OCTOBER 30, 2021

Not everyone agrees that YouTube downloaders and domain registrars are piracy havens, and adding advertising companies is seen as a controversial step as well. They include advertising company PopAds , which is described as follows: PopAds and PopCash are ad networks owned by Tomksoft in Poland but incorporated in Costa Rica.

Advertising 124

Advertising Advertising Reporting Copyright Infringement 124

TorrentFreak

APRIL 11, 2024

TikTok Pirates For example, when a viral clip from a TV series is making the rounds on social media platforms, one could argue that this serves as free advertising. While full copies are never a good thing, small clips may be beneficial in some cases.

Social Media 109

Social Media Copyright Infringement Television Journalism 109

TorrentFreak

APRIL 22, 2024

In 2021, more than 900,000 users downloaded the app through Google Play, in Spain alone. The order is referenced multiple times on the LaLiga website but no copy has been posted for public consumption and, thus far, we’ve had no luck locating a copy. followers); YouTube (23k subscribers).

Copying 89

Copying Television Reporting Privacy 89

TorrentFreak

FEBRUARY 18, 2022

However, in recent years we have also seen hosting companies, advertisers, and e-commerce platforms being added. Hosting, Advertising, and Shopping. Aside from sites and services that are directly linked to piracy, the USTR also calls out several third-party intermediaries including hosting companies and advertising services.

Marketing 131

Marketing Marketing Advertising Advertising 131

TorrentFreak

OCTOBER 31, 2021

After a long wait, the 2021 installment of the sci-fi classic Dune finally premiered in the United States last week. Their patience was further tested when a relatively high-quality copy of the film leaked on pirate sites days before the premiere on HBO Max and in theaters. Dune Piracy.

Copying 143

Copying Reporting Advertising Advertising 143

Kluwer Copyright Blog

AUGUST 25, 2023

Background Christmas in the UK has become almost synonymous with the arrival of the John Lewis advertisement that for many marks the beginning of the festive season. Since 2009, these advertisements have been created by leading agency, adam&eve. It said this showed it had not copied the book. Did the defendants copy FFD?

Copyright 52

Copyright Copying Copyright Infringement Social Media 52

Technology & Marketing Law Blog

DECEMBER 11, 2021

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. 2021 WL 5050079 (N.D. I’ve blogged three yearbook cases so far this year ( Callahan v. Ancestry , Knapke v. Classmates , and Sessa v. Ancestry ), and today I’ll blog two more. Callahan v.

Advertising 91

Advertising Advertising Social Media Blogging 91

Garrigues Blog

JUNE 1, 2021

We take a look at our Top10 most-read posts in this first year of the IP Blog: The Influencers’ Code of conduct comes into force on January 1, 2021: are you aware of your obligations? My product was copied and I haven’t registered it. Final act: will the Supreme Court lend bullfighting a helping hand? There will be a sequel!

Blogging 52

Blogging IP Advertising Advertising 52

The IPKat

JUNE 27, 2022

On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, cybersquatting and other cause of actions before the Central District of California. This is a U.S federal court which has jurisdiction in the case pursuant to Title 28 of the United States Code.

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

TorrentFreak

JULY 15, 2022

. “Defendants advertised VNest TV as a subscription-based service providing more than 5,000 channels, movies, sports programs, and other premium content, all for a low monthly fee,” the complaint reads. “According to Defendants, VNest TV offers ‘the best content and up time than anyone else in the business.’

Cease and Desist 116

Cease and Desist Social Media Advertising Advertising 116

TorrentFreak

JUNE 28, 2023

According to Rights Alliance, a member of Asgaard was also part of a piracy release group known as ‘Xoro6’ Between July and December 2020, the now 41-year-old man from Funen illegally copied and shared over 1,000 eBooks, audiobooks, newspaper articles and magazines with other Asgaard users.

Reporting 128

Reporting Advertising Advertising Copying 128

TorrentFreak

MARCH 18, 2022

which together with the other defendants (we’ll come to some of those later), found themselves on the end of a $100m damages claim filed in April 2021. In July 2021, with Triller appearing to do little to progress the case, the court warned the lawsuit could be dismissed for lack of prosecution. as the sole defendant.

Copyright Infringement 126

Copyright Infringement Copyright Advertising Advertising 126

Patently-O

MARCH 31, 2024

In addition to rebutting this direct evidence, the patentee is also permitted to present additional objective indicia of nonobviousness such as commercial success, long-felt but unsolved needs, failure of others, copying, unexpected results, praise by others, and licensing. 2021) (summary judgment). Inline Plastics Corp.

Invention 57

Invention Copying Licensing Art 57

Indiana Intellectual Property Law

JULY 26, 2022

According to the Complaint, the Defendant, Jason Bartel (“Bartel”), on or about May 2021 put The Works on a free online file sharing and storage site called “4Shared.com.” After sending Digital Millennium Copyright Act (DMCA) takedown notices the Foundation was able to have The Works taken off the site.

Trademark 52

Trademark Copyright Copyright Infringement Intellectual Property 52

TorrentFreak

MARCH 28, 2024

Those IPTV services include ‘Streaming TV Now’, ‘Instant IPTV’, ‘Cash App IPTV’, and ‘TV Nitro’ Some of these were subsequently advertised through the YouTube channel @williamfreemon3378, which the plaintiffs believe belongs to the defendant.

Copyright Infringement 98

Copyright Infringement Copyright Business Copyright Law 98

Plagiarism Today

APRIL 11, 2022

In December 2021, The New York Post ran a story featuring Elyza Davis , an Etsy user who claimed that her Etsy shop was abruptly closed during the holiday season due to a trademark complaint filed by a competitor. The system itself has not been very broadly advertised. A Very Black Friday. What’s Next for Etsy.

IP 254

IP Intellectual Property Reporting Branding 254

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

Fish attorneys Jenny Shmuel , Philip Chen , and Kayleigh McGlynn authored a Biosimilar Development article, “ Regulatory And Legislative Actions Set The Tone For Biosimilars In 2021.” This article focuses on regulatory and legislative actions in 2020 that may impact the burgeoning biosimilars space in 2021 and beyond.

Settlement 40

Settlement Licensing Designs Design 40

43(B)log

OCTOBER 5, 2021

TruPharma, LLC, 2021 WL 4316750, No. 8, 2021) When a false advertising case starts this way, you can guess how it will end: “Market competition is good. Competitors are free to copy successful products as long as they do not steal, lie, or mislead.” Sebela Pharmaceuticals Inc. 1:20-cv-1677-SB (D.

False Advertising 45

False Advertising Advertising Advertising Copying 45

Technology & Marketing Law Blog

SEPTEMBER 26, 2021

Per Batzel, “the mere existence of the hard copy yearbooks does not indicate that the publishers ‘provided’ the yearbooks for publication on the internet.” But if a yearbook database vendor gets a hard copy of a yearbook, what does the supplier think is going to happen with it? 2021 WL 4245359 (D.

Publishing 87

Publishing Privacy Reporting Copying 87

Delaware Intellectual Property Litigation Blog

SEPTEMBER 25, 2021

September 24, 2021), the Court (1) denied Plaintiff Apex Clearing Corporation’s motion to exclude the expert testimony of defendants’ experts Mumford and Distler; (2) denied Plaintiff Axos Bank’s motion for summary judgment on four counts of trademark infringement; (3) denied defendants/counter-plaintiffs Axos Financial, Inc. Civil Action No.

Trademark 66

Trademark Advertising Advertising Copying 66

TorrentFreak

FEBRUARY 22, 2022

It’s been around for at least eight years but in December 2021 it became clear that major movie and TV show companies had seen enough. While the studios’ original complaint demanded millions in statutory damages, they also want to find out how much money has been generated by PrimeWire from advertising. and primewire.vc

Advertising 129

Advertising Advertising Copyright Copyright Infringement 129

IPilogue

SEPTEMBER 29, 2021

In fact, nearly all creations by Andy Warhol are derivatives of existing images—celebrity photos, advertisements, magazine illustrations, etc.—to If Goldsmith wins, the Warhol Foundation will probably face floods of litigations after years of diligent copying and printing by Warhol. Photo Credit: Artnet News. .

Copyright Infringement 105

Copyright Infringement Copyright Art Fair Use 105

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. However, scraping generally means “extracting data from a website and copying it into a structured format, allowing for data manipulation or analysis.” 1648, 1659–60 (2021). citations omitted) X Corp. LinkedIn Corp. ,

Blogging 95

Blogging Contracts Cease and Desist Social Media 95

IPilogue

JULY 28, 2021

Early July 2021, Roderique received a message from a friend who had visited The Hudson’s Bay Company (The Bay) where she came upon Roderique’s photo for the company’s “ Charter for Change ” initiative. The Bay has since removed the image from all advertising. Roderique’s Response.

Copyright Infringement 112

Copyright Infringement Copyright Social Media Ownership 112

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

Kluwer Copyright Blog

JUNE 19, 2023

Specifically, a group called Spice DAO purchased an NFT displaying a copy of filmmaker Alejandro Jodorowsky’s ‘Dune’ for $3 million, assuming it would grant them the ability to produce derivative works, such as an animated Dune series.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98