2022 Advertising Fair Use Social Media 
43(B)log
APRIL 26, 2023
Creager sells Montana post drivers (made in China) that compete with the Texas post drivers sold by IDT (advertised as made in the USA). IDT created an ad for its products using two images of Montana post drivers for which Creager later obtained a copyright registration. There’s more, including public disputes on Craigslist.
43(B)log
MARCH 1, 2022
25, 2022) “The softball team and flag corps at a public high school outside Fort Worth used their Twitter accounts to post a motivational passage from sports psychologist Keith Bell’s book, Winning Isn’t Normal.” He sued; the court of appeals affirms a finding of fair use on a motion to dismiss and an award of attorneys’ fees. [I
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Technology & Marketing Law Blog
AUGUST 29, 2022
That’s a long prelude to explaining how my “summer 2022” really dates back to November 2021 and won’t end until January. Nevertheless, as the semester has already started at Santa Clara Law, I’ll do my rundown of my 2022 outputs-to-date anyway. Regulation of Political Advertising (2022 Edition).
Technology & Marketing Law Blog
MARCH 3, 2022
The school moved to dismiss on fair use grounds, and the district court granted the motion and awarded attorneys’ fees to the school. (I Bell appealed to the Fifth Circuit, which easily affirms the fair use dismissal and attorneys’ fees. Nature of the Use. ” Bell sued anyways. Nature of the Work.
Technology & Marketing Law Blog
JANUARY 24, 2023
Three dynamics combined to make 2022 a brutal year for Internet Law. This reflects years of tech-trashing by the media and politicians–and an imbalanced discourse because there’s surprisingly little counternarrative to the techlash narrative (I hope to address this with my forthcoming book project).
43(B)log
FEBRUARY 18, 2022
Does it work differently in the US where there is a separate ROP? When, how and why would you seek permission to use persona. Influence of law, desire to contract, social norms. Industries: advertising, merchandising, movies/TV, and video games. A: History differs a lot—US foundation for ROP was set much earlier.
IP and Legal Filings
MARCH 5, 2024
Trademark infringement has grown more complex and pervasive, ranging from counterfeit goods to digital squatting and keyword advertising. Using trademarks in domain names, linking, framing, meta-tagging, and framing are a few methods that could lead to trademark challenges. Cybersquatting is another type of trademark infringement.
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