LexBlog IP

MAY 19, 2023

Influencer marketing offers brands a unique opportunity to target and connect with online communities, using a personalized approach. Whilst influencer marketing can yield great returns for brands, it is essential for influencers and brands to navigate this legal landscape carefully, especially in terms of contractual relationships.

Marketing 52

Marketing Marketing Contracts Branding 52

LexBlog IP

FEBRUARY 16, 2024

Seyfarth Synopsis : Collaborations with athletes, actors, and singers have always been a great way for companies to grow their brand recognition and create profitable products. With the Super Bowl (and, of course, its famed commercials) last weekend, we saw new collaborations between celebrities and brands.

Social Media 52

Social Media Intellectual Property Contracts Branding 52

The IPKat

JUNE 13, 2022

Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark. For example, the owners of the famous “ Grumpy Cat ” meme licensed the use of the name, image and likeness of the cat – and successfully enforced these rights.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

Technology & Marketing Law Blog

DECEMBER 18, 2021

The court rejects the plaintiffs’ attempts to create single-brand markets. Query: if the only newspaper in town decides which advertisements may properly be posted or which advertisements to accept, does a rejected advertiser suffer an anti-trust injury? Breach of Contract. Implications.

Reporting 103

Reporting Law Contracts Advertising 103

The IP Law Blog

AUGUST 12, 2021

Many companies, intentionally or unintentionally, have language in their contracts that would severely prejudice the athletes in the future. For example, and this is the most prevalent issue I’ve seen, many companies include language in the agreements that would grant the company a license “in perpetuity” to use the athlete’s NIL.

Intellectual Property 98

Intellectual Property Licensing Social Media Contracts 98

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. The flexibility of contracts makes them a prime candidate for restricting uses that copyright law leaves unprohibited. by guest blogger Prof. Guy Rub , The Ohio State University Michael E. ML Genius v.

Blogging 92

Blogging Contracts Copyright Law Copyright 92

IP and Legal Filings

NOVEMBER 23, 2023

Merely put, it is an individual’s right to handle the commercial use of their name, image, individuality and personal brand. Publicity, such as character, reputation and personal brand, will be protected under various statutes, such as the Copyright Act 1957 and the Trade Marks Act 1999.

Intellectual Property 97

Intellectual Property Privacy Branding Brands 97

Technology & Marketing Law Blog

OCTOBER 6, 2022

2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. Equally importantly, the court failed to provide the jury with instructions on two other defenses—waiver and implied license. The implied license argument is particularly important here. Warner Bros.

Blogging 134

Blogging Fair Use Copyright Infringement Copyright 134

The IPKat

JULY 18, 2021

As such, whereas other streaming services negotiate to license music that they subsequently make that available to consumers, YouTube effectively negotiates licences for music that users are already providing through the service. Plot twist!

Music 139

Music Contracts Reporting Government 139

IP and Legal Filings

APRIL 8, 2023

Image Sources : Shutterstock] Protection Under Copyright Act, Licensing & Contractual Issues for the Celebrities A celebrity is a well-known person. Copyright And Licensing Questions India’s film industry produces the most films in the world, with a national and international audiences.

Privacy 75

Privacy Law Intellectual Property Music 75

The IPKat

SEPTEMBER 24, 2021

The attention of this SpecialKat was recently drawn to the decision of the Nigerian Court of Appeal in Banire v NTA-Star TV Network Ltd regarding the question of authorship and ownership of copyright in photographs used for advertising purposes and the issue of image rights in Nigeria.

Ownership 91

Ownership Artistic Work Contracts Copyright 91

IPilogue

JANUARY 21, 2022

Game publishers can decide what teams/players may compete, who may host tournaments, and how tournaments are advertised and broadcasted. However, much of this power is effectuated contractually through end-user license agreements or applicable terms of service with individuals and tournament organizers.

Publishing 110

Publishing Intellectual Property IP Licensing 110

LexBlog IP

AUGUST 4, 2022

Or maybe you’re a publisher looking to monetize your available ad space by selling it to advertisers. The Interactive Advertising Bureau (IAB) and the American Association of Advertising Agencies (4A’s) have collaborated on a set of standard terms and conditions for Internet advertising.

Advertising 52

Advertising Advertising Publishing Television 52

SpicyIP

JANUARY 2, 2022

This judgment concerned the classification of payments under end-user license agreements (EULA). In this judgment, the Delhi High Court delved into the interpretation of section 8 of the Arbitration and Conciliation Act, 1996 with respect to disputes involving trademark licensing agreements. CIT [Supreme Court].

IP 143

IP Intellectual Property Copyright Trademark 143

TorrentFreak

JANUARY 31, 2023

This material includes legitimate videos from official Pornhub models, as well as thousands of videos that are copyrighted by MindGeek, such as the Brazzers and Reality Kings brands. This content is freely available and monetized through advertisements. MindGeek initially tried to contain the problem by sending DMCA takedown notices.

Copyright Infringement 81

Copyright Infringement Contracts Ownership Copyright 81

LexBlog IP

AUGUST 12, 2021

Many companies, intentionally or unintentionally, have language in their contracts that would severely prejudice the athletes in the future. Put another way, the company is only paying the athlete for the express term of the contract, but it will be able to use the athlete’s NIL forever.

Intellectual Property 52

Intellectual Property Licensing Social Media Contracts 52

TorrentFreak

MAY 17, 2022

It is unlikely that these features will appear on a licensed mainstream service but that doesn’t stop subscribers from desiring them. for a ‘lifetime’ license. You agree that as a condition of your license, you will not: i. People Want to Download and Keep Movies & TV Shows. Copyright Law and DRM.

Copying 115

Copying Social Media Licensing Technology 115

43(B)log

FEBRUARY 19, 2022

licensing) for roles. Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. What are you going to do instead, advertise on Bing? We know it’s riding on coattails of national brand’s research and development and advertising. legit competition on the merits.

Law 119

Law Branding Brands Branding 119

Technology & Marketing Law Blog

OCTOBER 19, 2021

Plaintiffs want and expect Google to copy and display their websites in Chrome browser and Search App, and acknowledge that Google has license to do so.” We need to know more about this license. It seems like this license could be dispositive to the case, but the court doesn’t explore it more. ” Wait, what?

Licensing 89

Licensing Copyright Contracts Advertising 89

The IPKat

DECEMBER 6, 2021

OPPORTUNITIES Gunnercooke | Intellectual Property Paralegal (job vacancy) The Chartered Institute of Trade Mark Attorneys (CITMA) has recently advertised a new IP job vacancy. The online course " Drafting and negotiating IP terms in research contracts " will be held on January 18-19 and June 7-8, 2022.

Intellectual Property 67

Intellectual Property Intellectual Property Law IP Copyright Law 67

Intepat

FEBRUARY 7, 2023

Some of the biggest celebrities and brands in the world have found their space in it, including Morgan Stanley, Coca-Cola, Adidas, Samsung, and Snoop Dogg. Content-based industries such as music, advertising, movies, gaming, luxury, clothing, etc., It is the new space to create, invent and develop ideas into expressions.

IP 52

IP Law Invention Licensing 52

TorrentFreak

JANUARY 31, 2023

This material includes legitimate videos from official Pornhub models, as well as thousands of videos that are copyrighted by MindGeek, such as the Brazzers and Reality Kings brands. This content is freely available and monetized through advertisements. MindGeek initially tried to contain the problem by sending DMCA takedown notices.

Copyright Infringement 71

Copyright Infringement Contracts Ownership Copyright 71

LexBlog IP

JANUARY 22, 2022

We recently spoke with Omolara (Lara) Kayode about brand protection in Nigeria. Lara is a leader in Africa trademark law, and represents the interests of numerous international companies in counterfeit enforcement and brand protection matters. Advertisement: This stage involves the publication of the application in a Trademark Journal.

Trademark 52

Trademark Registration Branding Brands 52

LexBlog IP

JANUARY 22, 2022

We recently spoke with Omalara (Lara) Kayode , about brand protection in Nigeria. Lara is a leader in Africa trademark law, and represents the interests of numerous international companies in counterfeit enforcement and brand protection matters. Lara is the founder and managing partner of O. Thank you, Lara.

Trademark 52

Trademark Registration Branding Brands 52

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

False Advertising. In general, courts should not permit a false advertising claim based on a “safe” representation where the representation is rendered untrue by third-party content. ” This is a highly defense-favorable reading of the contract provision. eBay case from 2008. ” Limitation of Liability.

False Advertising 113

False Advertising Privacy Publishing Advertising 113

SpicyIP

AUGUST 30, 2021

Domex Advertisement: Product Disparagement or Nominative Fair Use? In this guest post , Pragya Jain offers an independent analysis of the law in relation to comparative advertising and nominative fair use and applies it to analyse a recent YouTube commercial by Domex, a Hindustan Unilever Ltd. August 26, 2021].

Non-Fungible Tokens 105

Non-Fungible Tokens Fair Use Advertising Advertising 105

Technology & Marketing Law Blog

MARCH 5, 2024

These defense-favorable outcomes may work in the short term; but they leave open the potential liability of the contracting vendors (which may drive them out of the industry, leaving the marketing agent with no one to outsource to) and as well as the marketing agent’s possible secondary liability exposure for the vendors’ activities.

Artwork 98

Artwork Trademark Publishing Marketing 98

Technology & Marketing Law Blog

JULY 22, 2021

Courts have rejected Section 230 defenses against claims for false advertising, deceptive trade practices, and tortious interference. Certain claims sounding in contract or tort may be beyond the reach of Section 230(c)(2)’s protection from suit. See, e.g., E-Ventures Worldwide, LLC v. Google, Inc. , 3d 1265 (M.D. eBay, Inc. ,

False Advertising 141

False Advertising Contracts Editing Advertising 141

IIPRD

AUGUST 4, 2022

In today’s market, a distinct brand identity is critical in all company sectors. Influencers that make a lot of money from internet marketing must also defend their own brand identification. Maintain your distinct brand identity. . False advertising should be avoided when defaming a product. Trademarks.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

SpicyIP

JULY 19, 2021

Serious Comparative Advertising: Broadening the Definition. In this guest post , Sangita Sharma analyses the law around comparative advertisements in India. She contends that the ‘fair’ and ‘honest’ use thresholds under Section 30(1)(a) and (b) of the Trade Marks Act should come to the rescue of such advertisements. Other Posts.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

43(B)log

JUNE 6, 2023

Enigma sued its competitor Malwarebytes for Lanham Act false advertising and NY business torts for designating its products as “malicious,” “threats,” and “potentially unwanted programs” (PUPs). Enigma alleged that its software products “(i) detect and remove malicious software (i.e.,

False Advertising 59

False Advertising Advertising Advertising Business 59

The IPKat

NOVEMBER 20, 2023

Advertisement and endorsement contracts, including for fuels and lubricants, an insurance company, a hotel chain and watch manufacturers, were considered irrelevant because it was unclear how the public perceived these endorsements and whether they reached the general public at large. 128 et seqq.).

Art 105

Art Branding Brands Branding 105

LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

LexBlog IP

SEPTEMBER 15, 2022

They are sold and/or traded in connection with “smart contracts” that govern the terms of transfer. Licensing of rights: How should IP rights in the associated asset be licensed in an NFT context? NFTs are units of data stored on a blockchain that signify ownership of (supposedly) unique digital media items.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

Technology & Marketing Law Blog

JUNE 22, 2023

Broadcasters qualify as DJPs if they: have the specified FCC license, engage journalists (like the factor above), update content at least weekly, and have error correction processes (like the factor above). Publishers can charge for advertising in many ways, including ad impressions (CPM), clicks, actions, fixed fee, etc.

Journalism 90

Journalism Social Media Publishing Government 90

43(B)log

FEBRUARY 24, 2023

UCLA School of Law Mark Janis: 1 st day of TM: students’ experience of brands as used by owners & 3 rd parties is so disconnected from the historical traditions of TM. New facts: Many doctrinal foundations—comparative advertising, LOC where market structure and expectations of consumer behavior have changed.

Trademark 49

Trademark Branding Brands Branding 49

The IPKat

DECEMBER 16, 2021

While Morison branded its medicine with the generic “PARACETAMOL”, with reference to its registered trademarks “MSJ” and “MORISON” on the packaging, CPL used the name “CONPHAMOL”. The plaintiff applied for an injunction against the defendant for copyright infringement and breach of contract.

Copyright 89

Copyright IP Ownership Copyright Infringement 89