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.

Trademark 86

Trademark Social Media Advertising Advertising 86

43(B)log

MAY 19, 2023

Its TOS provide that users will not use Roblox content outside of the Roblox Platform, monetize Roblox content, or imply an association with Roblox for their businesses outside of the Roblox Platform. Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform.

Copying 94

Copying False Advertising Social Media Advertising 94

TorrentFreak

APRIL 7, 2024

It’s one of several companies in this business, but one with an interesting pitch. Errors and Nuance Upload filters are not perfect and generally lack ability to factor-in the nuances of copyright law, such as fair use. ” Of course, other parties in the equation might not ‘win’ in this scenario.

Copying 92

Copying Copyright Infringement Fair Use Social Media 92

43(B)log

MAY 2, 2022

28, 2022) Chanel sued What Goes Around Comes Around (WGACA), alleging trademark infringement, false advertising, false association/endorsement, and related NY GBL claims for deceptive/unfair trade practices and false advertising. Until 2017, it also used the hashtag #WGACACHANEL in its social media posts.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

Technology & Marketing Law Blog

APRIL 3, 2023

Professor Farley and I propose a trademark fair use defense that would apply to any informational or expressive use of language or designs claimed by another as a mark in connection with any goods or services. Grimaldi , and later adopted and expanded by the Ninth Circuit.

Blogging 102

Blogging Trademark Fair Use Trademark Law 102

43(B)log

FEBRUARY 3, 2024

Mary Katherine Amerine, Reasonably Careless Consumers in TM & False Advertising How do courts treat consumers in TM and false advertising cases? False advertising uses v different framework: consider the challenged ad as a whole, including disclaimers and qualifying language. Beer Nuts, Bulls’ Eye v.

False Advertising 49

False Advertising Contracts Branding Brands 49

43(B)log

FEBRUARY 24, 2024

Can enshrine things like notice & takedown in © law, but that has effects on the ability to assert fair use. When things are happening en masse at a business, just as in the TM system, w/o individualized attention and with a different agenda than the law’s, you can see the law’s protective features be minimized.

Fair Use 45

Fair Use Branding Brands Branding 45

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.

Fair Use 95

Fair Use Litigation Marketing Marketing 95

IP Tech Blog

MARCH 18, 2022

On January 14, 2022, Hermès filed a Complaint in the Southern District of New York alleging trademark and trade dress infringement, trademark dilution, false designation of origin, cybersquatting, injury to business reputation, and misappropriation, under the federal Lanham Act and New York state law.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

43(B)log

FEBRUARY 18, 2022

Traditional advertising can change firsthand consumer impressions, both pre and post experience—telling consumers coffee isn’t bitter makes their impressions of bitterness change, etc. Expensive to show it by surveys; most show it by circumstantial evidence of advertising and sales. Tom Lee et al.’s Why not just raise the bar?

Copyright 69

Copyright Business Branding Brands 69

LexBlog IP

MARCH 18, 2022

On January 14, 2022, Hermès filed a Complaint in the Southern District of New York alleging trademark and trade dress infringement, trademark dilution, false designation of origin, cybersquatting, injury to business reputation, and misappropriation, under the federal Lanham Act and New York state law.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

TorrentFreak

DECEMBER 7, 2023

Social media platform Facebook also reports huge numbers of takedowns to the EC. Other reasons for content deletion unrelated to copyright, and in some cases seemingly more complicated to determine via automated means, were in abundant supply. Those listed below represent just a small sample.

Business 99

Business Reporting Social Media Copyright 99

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.

Fair Use 59

Fair Use Contracts Litigation Copying 59

Technology & Marketing Law Blog

JULY 5, 2021

The Counterclaim alleges that Kid Car purchased “KIDMOTO” as keyword on Google and that by using ‘kid car’ in the resulting advertisement there is a likelihood of consumer confusion.” ” * RVC Floor Decor, Ltd. Floor and Decor Outlets of America, Inc., 2021 WL 1163117 (E.D.N.Y. March 18, 2021).

IP 85

IP Social Media Fair Use Branding 85

Copyright Lately

DECEMBER 28, 2022

The company has brought over 300 cases since 2017, often using copyrighted product images as a technical hook to shut down undesired resellers who advertise its products at below retail prices. Let me know your thoughts in the comments below or on your favorite social media platform @copyright lately. Gregorini v.

Copyright 82

Copyright Art Licensing Social Media 82

LexBlog IP

APRIL 13, 2022

26] The defendants denied many of the allegations in the complaint, and asserted several affirmative defenses, including that the NFTs fell under the fair use exception to the Copyright Act. [27] On March 2, 2022, Hermès filed an Amended Complaint.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

Copyright Lately

OCTOBER 25, 2021

The good news is after the holiday was effectively ruined last year, we’re more or less back in business in 2021. The judge rejected BMG’s fair use defense, holding that the defendants took more elements from the “Nightmare on Elm” street films than they needed to accomplish any parodic purpose.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

43(B)log

AUGUST 11, 2022

But there was pressure from the market: this is a business trying to make money. Comparative advertising is another example of free riding that is actually a very good idea. It’s like using quotes. Might be different than when a company uses TM on a social media post.

IP 72

IP Copying Marketing Marketing 72

43(B)log

JULY 21, 2023

but also narrows the issues somewhat; the larger infringement, cybersquatting, and false advertising claims can’t be resolved on summary judgment. Even if they were generic uses, two articles and one opinion weren’t sufficient to overcome the “strong presumption” of validity of a registered mark. But is it a nominative fair use?

False Advertising 52

False Advertising Advertising Advertising Social Media 52

IIPRD

JANUARY 18, 2022

With all the opportunities that NFTs present for a business, there is also the inevitable opportunity for misuse of a business’s or brand owner’s intellectual property rights held in any underlying asset through minting of unauthorized NFTs. (i.e. NFTs and Intellectual Property Rights. Role of NFTs in the Fashion Industry.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40

43(B)log

AUGUST 3, 2023

Matthew Sag, Copyright Safety for Generative AI Not addressing whether training is always fair use in every circumstance; explain how generative AI fits w/in existing law (nonexpressive uses) and identify best practices to make generative AI fairer. Implications: too much memorization undermines arguments in favor of fair use.

Social Media 52

Social Media Fair Use Advertising Advertising 52

SpicyIP

DECEMBER 30, 2023

However, in case such a use does amount to an infringement, the Court clarified that Google, the concerned platform here, will be held accountable and will not be able to claim protection as an intermediary under Section 79 of the IT Act since it effectively sells these marks to the advertisers. Makemytrip (India) Pvt.

IP 124

IP Copyright Trademark Intellectual Property 124

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. Furthermore, some aspects of the Metaverse have already been integrated into the business domain. NIKE’S CONTENTION: i. THE IMPLICATIONS OF THE CASE.

Trademark 52

Trademark Ownership Branding Brands 52

SpicyIP

OCTOBER 1, 2023

My submission is that it has to be safety against disparagement, dilution, advertising related passing off and offences of similar nature/gravity. Before bestowal, courts need to think, in appropriate cases, of rights of third parties, fair use covering mime, research/educational advancement, criticism and the like.

Personality Rights 111

Personality Rights Non-Fungible Tokens Copyright Social Media 111

43(B)log

OCTOBER 4, 2021

For about a decade, courts had realized that IIC had gone way too far, and had expanded liability in ways that didn’t protect consumers and facilitated anticompetitive claims about false advertising. The court or appeals also commented that relying on IIC might change the available damages and relief—but how exactly?

IP 94

IP Trademark Advertising Advertising 94

43(B)log

APRIL 7, 2023

This is a form of stringency and affects incentives for non-divisibility, especially given US statutory damages and injunctions. No balancing required—recognizing fair use is not required for platforms, nor is giving users much procedure. Stringency can thus be non obvious, contested/contestable, and downside risk matters.

Art 45

Art Copyright Settlement Moral Rights 45

Technology & Marketing Law Blog

JANUARY 24, 2023

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. The opinion upheld every aspect of Texas’ social media censorship law.

Law 113

Law Social Media Government Privacy 113