Trademark and Copyright Law Blog

JANUARY 14, 2021

Advertising can take many forms, including statements about a company’s products on websites and social media platforms. In this 60-minute webinar, designed exclusively for in-house counsel, you will learn how you can protect your company against legal challenges based on its advertising practices.

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Advertising Advertising False Advertising Social Media 40

Technology & Marketing Law Blog

MAY 17, 2024

It lost for two reasons: one grounded in contract law and the other external. First, the court held that the damages X incurred (primarily the loss of advertisers after CCDH published negative reports using scraped data) were unforeseeable when the ToS were agreed upon in 2019. The First Amendment would not have helped Bright Data.

Blogging 127

Blogging Contracts Fair Use Copyright Law 127

The IPKat

APRIL 8, 2022

The CJEU might also clarify whether the approach recently adopted under copyright law with regard to the right of communication to the public and the liability of internet platforms is to be applied to other areas of IP.

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Law Advertising Advertising Marketing 138

TorrentFreak

APRIL 12, 2023

Initially, the site was promoted as a commercial advertising platform but soon transformed into a full-blown piracy portal pulling in millions of visitors each month and generating large sums in advertising revenue. Founded in 2014 by two Taiwanese software engineers, movie and TV show piracy site 8maple is a prime example.

Intellectual Property 122

Intellectual Property Advertising Advertising Branding 122

Michael Geist

OCTOBER 4, 2022

Indeed, critics will rightly note the market distortion it creates for private entities who stand to lose further advertising-related revenues to the CBC, while supporters should be concerned that the bill undermines the CBC’s claim to a public interest role and makes an ad-free version of the service even less likely.

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Advertising Advertising Television Government 93

Technology & Marketing Law Blog

NOVEMBER 30, 2022

Marketing fast Internet is evidence that the service is trying to profit from copyright infringement…? Marketing fast Internet is evidence that the service is trying to profit from copyright infringement…? The post Another Rough Copyright Ruling for Internet Access Providers–Bodyguard v.

Copyright 127

Copyright Advertising Advertising Copyright Infringement 127

Technology & Marketing Law Blog

MAY 13, 2024

. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright. I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright.

Blogging 96

Blogging Contracts Cease and Desist Social Media 96

Technology & Marketing Law Blog

JUNE 2, 2022

Even so, the court’s almost-banal treatment of this super-interesting topic suggests that there may not be much tattoo exceptionalism in copyright law. Market Effect. Third, if the jury finds copyright infringement, ordinarily a permanent injunction would follow. Tattoo Advertising/Human Billboards.

Copyright 143

Copyright Social Media Fair Use Licensing 143

IP and Legal Filings

NOVEMBER 6, 2022

As a result, the sector works closely with various performers, artists, authors, publishers, production companies, record labels, online content providers, broadcasters, advertising, distributors, etc. Or whether the agencies should be provided royalties for the same if the idea is used for marketing purposes after their contract has ended?

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Ownership Intellectual Property IP Contracts 52

Technology & Marketing Law Blog

MARCH 6, 2024

Any surviving services may need to be structured as marketing agencies that push all of the legal risk to the users and third-party vendors. If not, the print-on-demand industry may not be commercially viable under prevailing law. While Sunfrog won this battle, it lost the war because it’s exited the market.

Copyright 100

Copyright Trademark Law Publishing Copyright Infringement 100

Trademark and Copyright Law Blog

AUGUST 27, 2021

Foley Hoag will present a 60-minute webinar offering guidance on social media issue spotting for in-house legal practitioners, with a focus on intellectual property, publicity rights and advertising. Advertising claims, endorsements, and disclosures in the social media context. Right of publicity and ambush marketing traps.

Social Media 40

Social Media Intellectual Property Advertising Advertising 40

Chicago IP

FEBRUARY 28, 2022

The Award honors those who have made a significant creative contribution in one or more of the following substantive areas of intellectual property law: Patent Law: An invention or group of inventions having technological significance and an important social and economic impact, resulting in one or more U.S.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Service Mark Invention 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. Many academics have stated that IP is not the correct tool to achieve the redistribution of market share.

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Publishing Marketing Marketing Advertising 105

Patently-O

DECEMBER 11, 2023

We, who have been writing and teaching about copyright law and how it has responded to challenges posed by new technologies for decades, were among those who submitted comments, see [link]. In addition, conduct that may be consistent with the copyright laws nevertheless may violate Section 5.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

Technology & Marketing Law Blog

JANUARY 12, 2024

.” The Kremen test is so obviously ill-fitting to this inquiry, but the court gets to the right place: “there is no cognizable property interest in website copies that may serve as the basis for a trespass to chattels claim under California law.” Google appeared first on Technology & Marketing Law Blog.

Copying 75

Copying Ownership Derivative Work Contracts 75

43(B)log

APRIL 7, 2023

DSA covers almost everyone, though advertising providers and payment providers are touched only tangentially. Advertising marketplaces are available to the public. The “good guy” theory of EU copyright law: court finds a way around liability for a good faith player, and a way for direct liability if there’s not.

Copyright Law 40

Copyright Law Law Copyright Art 40

Kluwer Copyright Blog

JUNE 19, 2023

Caveat Emptor The common notion that acquiring ownership of an NFT representing a work in which copyright subsists equates to owning the copyright to the underlying work is clearly false. The UK’s Advertising Standards Authority had emphasised this in its April 2021 guidance on advertising cryptocurrencies.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

LexBlog IP

AUGUST 31, 2023

This decision raises many issues regarding copyright ownership that will require further court involvement and/or policy reform. The primary challenge arising from AI-generated artwork pertains to copyright existence and ownership. Copyright law traditionally assigns authorship to individuals who create original works.

Artwork 52

Artwork Copyright Editing Ownership 52

LexBlog IP

FEBRUARY 28, 2022

The Award honors those who have made a significant creative contribution in one or more of the following substantive areas of intellectual property law: Patent Law: An invention or group of inventions having technological significance and an important social and economic impact, resulting in one or more U.S.

Intellectual Property Law 40

Intellectual Property Law Intellectual Property Service Mark Invention 40

TorrentFreak

AUGUST 24, 2021

channels, which are only possible to offer after content is copied and stored, contrary to copyright law. YouTuber ‘Touchtone’ (Raul Orelanna) was later added as a defendant in an amended complaint alongside accusations he was paid $500,000 to market the service.

Television 133

Television Copyright Infringement Advertising Advertising 133

The IPKat

DECEMBER 17, 2021

It had to be decided how the marks would be perceived by the average consumer, in the relevant market, who is reasonably well-informed and observant, taking account of the type of goods and how they are marketed. The degree of similarity of the goods should be considered in relation to the degree of similarity of the marks.

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Trademark IP Registering Trademarks Branding 96

LexBlog IP

MAY 19, 2023

Goldsmith was whether or not Warhol’s use of Goldsmith’s photograph as a reference and departure point for the creation of an image of Prince constituted fair use or copyright infringement under U.S. copyright law. Copyright law in the U.S. copyright law.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). ML Genius v.

Blogging 92

Blogging Contracts Copyright Law Copyright 92

TorrentFreak

JULY 20, 2022

However, some VPN providers have gone a step further by marketing their services directly to online pirates. The plaintiffs’ complaint argues that VeePN ‘promotes’ the use of pirate sites and Popcorn Time, while advertising its services on popular torrent site YTS.mx. It means that you may be punished by law.

Copyright 121

Copyright Copyright Infringement Trademark Copyright Law 121

TorrentFreak

JANUARY 2, 2024

million people (according to SimilarWeb) in ’23, was provisionally found to have earned about 340 million won [$35 million] in advertising revenue,” the statement notes, adding that the platform illegally shared almost 27,000 titles causing “significant damage” to the publishing industry. live / 1412.rest

Advertising 85

Advertising Advertising Reporting Publishing 85

LexBlog IP

FEBRUARY 26, 2024

But if you have not taken that route for one reason or another and you encounter highly similar products on the market, there are other ways to protect your products through IP. It is essential for the commercial team to join forces with the marketing department to consider launching some smart advertising campaigns.

IP 52

IP Designs Design Copying 52

SpicyIP

AUGUST 30, 2021

s copyright and registered trademark by thrusting its deceptively similar goods and flooding the high-in-demand but low-in-knowhow market, with its imitation products. Domex Advertisement: Product Disparagement or Nominative Fair Use? The Defendant Sun Pharmaceuticals Industries Ltd. allegedly infringed the Plaintiff Cipla Ltd.’s

Non-Fungible Tokens 105

Non-Fungible Tokens Fair Use Advertising Advertising 105

SpicyIP

JUNE 26, 2022

I also set the table for the rest of the text by summarising the origins of designs law in India. Chapter 1, More Than Fifty Times , dives into substantive designs law and some prominent sites of its overlap with copyright law. First, it asks how similarity between two rival designs should be judged.

Designs 133

Designs Design Law Intellectual Property 133

43(B)log

NOVEMBER 8, 2023

Malwarebytes, which allowed a false advertising claim to proceed based on one software provider’s use of the terms “malicious” and “threat” to describe its alleged competitor’s software, despite a dissent raising free speech arguments. Then I’ll talk about the 9 th Circuit case Enigma Software v.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

TorrentFreak

MAY 14, 2022

On the flip side, today’s interconnected world has the ability to transform leaks into powerful advertising and hype, keeping message boards and social media alive with discussion of exciting new products, at zero cost to official marketing teams. Riot Games Uses Copyright Law to Unmask Uploader.

Copying 99

Copying Social Media Copyright Copyright Law 99

Kluwer Copyright Blog

JUNE 21, 2021

Article 17 Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (“DSM Directive”) is currently being implemented into national law in the EU Member States. Use of advertising content aimed at the respective public in that EU Member State. Instead, as the CJEU case law develops around Art.

Art 85

Art Law Related Rights Marketing 85

Technology & Marketing Law Blog

JUNE 22, 2023

A service is a covered platform if it: Acquires, indexes, or crawls DJP content, “Aggregates, displays, provides, distributes, or directs users” to that content, and Either Has 50M+ US-based MAUs or subscribers, or Its owner has (1) net annual sales or a market cap of $550B+ OR (2) 1B+ worldwide MAUs. Section 230.

Journalism 90

Journalism Social Media Publishing Government 90

TorrentFreak

FEBRUARY 15, 2022

They also want Congress to step up funding for criminal enforcement in copyright cases. With around 90% of the search market, Google is regularly criticized by rightsholders for allowing infringing content to appear in its search results. Congress and Google Must Do More. No that the company doesn’t take action, however.

Social Media 103

Social Media Publishing Copyright Law Copyright 103

IP and Legal Filings

NOVEMBER 23, 2023

With respect to Ronaldo’s fans and football critics, it required a lot of clarity in terms of sports marketing and publicity rights to understand the situation but Ronaldo’s Representative said on the issue, It was a strategic move to take Cristiano Ronaldo’s brand to the next level, especially in Asia Continent.

Intellectual Property 97

Intellectual Property Privacy Branding Brands 97

Intepat

OCTOBER 7, 2022

Now, we will examine Copyright and Design Rights, two fundamental forms of IPR. Copyright laws protect the expression of creative ideas and not just the idea. Further, the Copyright protects the following types of original artwork. Further, the Copyright protects the following types of original artwork.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

SpicyIP

MARCH 28, 2022

World over traditional media houses have faced financial difficulties due to the emergence of new digital realities and plummeting online advertising revenues. For instance, the EU has adopted a neighbouring right for press publishers under copyright regulations. Different countries have addressed these tensions differently.

Copyright 105

Copyright Publishing Music Contracts 105

TorrentFreak

APRIL 7, 2024

One of the services on offer is WebScan, which allows copyright holders to search for pre-indexed content on 12 large video sharing platforms: Aparat, CDA, Chomikuj, Dailymotion, FC2, Mail.ru, OK, Rumble, Videa.hu, Vimeo, VK, and Webshare. Several of these services have been listed in the USTR’s overview of notorious piracy markets.

Copying 91

Copying Copyright Infringement Fair Use Social Media 91