The IPKat

SEPTEMBER 26, 2021

Readers will no doubt be aware of the recent UK Economics of Music Streaming Inquiry by the Digital Culture Media and Sport Committee [ Katposts here ], which investigated the impact of music streaming on artists remuneration, as well as other issues around the fairness and sustainability of the wider music industry.

Music 130

Music Government Contracts Marketing 130

The IPKat

JULY 18, 2021

Subsequently, the Committee Report on the Economics of Music Streaming has been published, calling for "a complete reset" of music streaming and the need for significant change within the music industry. The report nominates the remuneration to be paid by the rightsholders, (i.e. Explained here ].

Music 139

Music Contracts Reporting Government 139

IPilogue

AUGUST 19, 2021

The New York Times reported that a spokesperson for Facebook, Instagram’s parent company, confirmed that it removed Thompson-Hera’s video but claims her access to the app was mistakenly suspended. Rule 40 restricts social media posts and advertisements published by athletes and sponsors during the Games, both in volume and content.

Intellectual Property 106

Intellectual Property Social Media IP Trademark 106

IP Tech Blog

MAY 19, 2023

According to the UK’s Department for Digital, Culture, Media and Sport report on influencer culture , the global sector is expected to grow from $6.0 Parties : Consider the parties involved in the arrangement and ensure that the appropriate parties are reflected in any formal contracts. billion in 2020 to $24.1

Marketing 57

Marketing Marketing Branding Brands 57

IPilogue

JANUARY 11, 2023

The Globe and Mail is Canada’s foremost news media company, a nationally-distributed newspaper with one of the largest circulations in Canada. The newspaper’s print and digital formats reach over 6 million readers every week, with Report on Business magazine reaching over 2.5 million readers every issue in print and digital.

Journalism 80

Journalism Privacy Contracts IP 80

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. There have also been complaints where creators have tried to NFT their own creativity but by doing so have breached a contract.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

43(B)log

JUNE 15, 2022

Monster alleged that VPX falsely advertised Super Creatine as a source of creatine providing numerous physical and mental benefits, advertising that BANG can improve brain function, has anti-depressive effects, and helps build muscle. Here, the court denied Monster’s motion for partial summary judgment on the false advertising claim.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

NOVEMBER 28, 2022

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. They weren’t directly asked about the phrase “Super Creatine,” whether participants had prior experiences with or opinions of Bang, or whether they had seen Vital’s advertising in the market. Monster Energy Co.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

Corsearch

APRIL 19, 2023

Read insights from fashion brand Tommy Hilfiger and a leading social media consultant on how brands can raise awareness of the dangers of counterfeits and turn this into a positive message for change. Gone are the days of consumers relying on official company websites and advertising to make purchasing decisions.

Branding 40

Branding Brands Branding Social Media 40

Copyright Lately

OCTOBER 10, 2021

The dispute between writers and former friends Sonya Larson and Dawn Dorland over a short story involving a kidney donation has captured the attention of social media during the past week. Well, that would have been joyful news to me about the middle of December, when I gladly took the first offer that came, and made a contract.

Art 95

Art Contracts Social Media Litigation 95

43(B)log

OCTOBER 8, 2021

K&K claimed rights relating to Evel Knievel, including trademarks, copyrights for audio/visual works, right to publicity, existing licenses, contracts, and common law rights. The toy could not perform as advertised in the commercial. As in Kirby , Duke Caboom was “reminiscent” of Evel Knievel, but not a literal depiction.

Advertising 59

Advertising Advertising Social Media Licensing 59

Technology & Marketing Law Blog

MAY 25, 2022

The opinion holds that the key parts of Florida’s social media censorship law (SB 7072) likely violate the First Amendment and should remain enjoined. ” The opinion also highlights the madness of the Fifth Circuit allowing the Texas social media censorship law to take effect via a 1-line order. “S.B.

Social Media 98

Social Media Law Blogging Publishing 98

IP Tech Blog

MARCH 18, 2022

In addition to alleging trademark infringement due to Rothschild’s use of BIRKIN in METABIRKINS as the name for his NFT collection, Hermès complained that Rothschild infringed by using METABIRKINS as a domain name, as a handle on Twitter and other social media platforms, as a brand name on NFT sales platforms, and as a hashtag.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

IIPRD

FEBRUARY 27, 2021

On 12 th February 2021, Taylor Swift re-released one of her most famous songs “Love Story” the reason being as Swift told Good Morning America last August was, “My contract says that starting November 2020 … I can record albums one through five all over again.”. The Big Move. A Conglomerate. Swift has also been amassing a vast IP portfolio.

Music 40

Music Branding Brands Branding 40

LexBlog IP

MARCH 18, 2022

In addition to alleging trademark infringement due to Rothschild’s use of BIRKIN in METABIRKINS as the name for his NFT collection, Hermès complained that Rothschild infringed by using METABIRKINS as a domain name, as a handle on Twitter and other social media platforms, as a brand name on NFT sales platforms, and as a hashtag.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

43(B)log

FEBRUARY 18, 2022

Jim Gibson, Against Reputation In contracts, defamation, TM, conceptions of reputation are misguided. But Consumer Reports and other forced reports have a bell curve distribution. Revenue models almost always end up dependent of firms whose products are reviewed; Consumer Reports is the very rare exception.

Copyright 69

Copyright Business Branding Brands 69

Technology & Marketing Law Blog

DECEMBER 15, 2021

30, 2021): Plaintiff alleges that Defendants knew that Defendant Wagner did not own the copyright to the images that Plaintiff posted on its social media channels, because Wagner abandoned the copyrights when he executed the Stipulation of Settlement, which dedicated the intellectual property rights of the images to the public domain.

Registration 111

Registration Fair Use Copyright Designs 111

IP Tech Blog

FEBRUARY 2, 2022

Brands and agencies are responsible for ensuring that influencer behaviour on social media complies with ad disclosure rule. The Advertising Standards Authority ( ASA ) has introduced a novel approach to sanctioning influencers who consistently fail to disclose ads on their Instagram accounts.

Social Media 57

Social Media Advertising Advertising Branding 57

LexBlog IP

FEBRUARY 2, 2022

Brands and agencies are responsible for ensuring that influencer behaviour on social media complies with ad disclosure rule. The Advertising Standards Authority ( ASA ) has introduced a novel approach to sanctioning influencers who consistently fail to disclose ads on their Instagram accounts.

Social Media 52

Social Media Advertising Advertising Branding 52

LexBlog IP

AUGUST 17, 2023

Another targets The Center for Countering Digital Hate (CCDH), a UK nonprofit known for scraping the platform to quantify the proliferation of hate speech, for breach of contract, intentional interference with contractual relations, inducing breach of contract, and civil violations of the Computer Fraud and Abuse Act (CFAA).

Social Media 40

Social Media Contracts Privacy Advertising 40

43(B)log

APRIL 7, 2023

Transparency: reports on content moderation, including judicial orders, notices, number and type of content moderation, use of automated means and related training, and number of complaints. YouTube is an OCSSP, but other than that much is unclear—are all different types of social media OCSSPs? We don’t have definite caselaw.

Copyright Law 40

Copyright Law Law Copyright Art 40

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

Technology & Marketing Law Blog

JUNE 22, 2023

has “an editorial process for error correction and clarification, including a transparent process for reporting errors or complaints to the publication.” Publishers can charge for advertising in many ways, including ad impressions (CPM), clicks, actions, fixed fee, etc. updates its content at least weekly. Free Speech L.

Journalism 89

Journalism Social Media Publishing Government 89

SpicyIP

JANUARY 2, 2022

The Supreme Court looked into a wide variety of issues such as oxygen and Covid-19 drugs shortage, equitable pricing of vaccines, protection of health workers, possibility of invoking compulsory licenses and the clampdown on free speech on social media platforms. Parliamentary Standing Committee Report on the IP regime.

IP 143

IP Intellectual Property Copyright Trademark 143

43(B)log

FEBRUARY 18, 2022

Emma Perot, Publicity Rights, Celebrity Contracts, and Social Norms: Industry Practices in the US and UK Fenty v Topshop: Misrepresentation/passing off theories were successful for Rihanna in UK. Influence of law, desire to contract, social norms. Industries: advertising, merchandising, movies/TV, and video games.

Fair Use 59

Fair Use Contracts Litigation Copying 59

43(B)log

AUGUST 11, 2022

But there weren’t reported lawsuits against Bollywood films. There’s no record of the judgment but there is contemporaneous reporting. Comparative advertising is another example of free riding that is actually a very good idea. Might be different than when a company uses TM on a social media post.

IP 72

IP Copying Marketing Marketing 72

IP and Legal Filings

FEBRUARY 7, 2023

In an effort to connect with a younger, tech-savvy consumer base, more and more firms are deciding to debut their products and advertise them electronically through the Metaverse. A misstep in the metaverse is likely to have instantaneous negative effects for the company, just like it does on social media right now.

Trademark 80

Trademark Non-Fungible Tokens Branding Brands 80

Copyright Lately

OCTOBER 25, 2021

The studio settled quietly out of court, so there’s no reported decision in this one. ” They argued that had Twain really written the book, Clemens’ estate would own the copyright and Harper would have the exclusive right under contract to publish it. McDonald’s Corp. Happy Halloween!

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

SpicyIP

DECEMBER 30, 2023

The third category lists notable developments on the legislative and policy side and includes important amendments, proposals for amendments, release of policy notes and reports etc. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

AUGUST 9, 2021

2021) Plaintiffs/Debtors argued, and the court held in relevant part, that defendants (Charter) breached the automatic stay by a literally false and intentionally misleading advertising campaign to induce the Debtors’ customers to terminate their agreements with the Debtors by telling them that bankruptcy risked impairment of their service.

False Advertising 119

False Advertising Advertising Advertising Law 119

Technology & Marketing Law Blog

JANUARY 26, 2024

Moreover, there is nothing to suggest that the CFRA was designed to be used as a defense to a private breach of contract action. Proximity to content that included hate speech resulted in some respondents reporting that the content made them like the advertiser less. Consumer Reviews * Route App, Inc. Strain, No.

Social Media 72

Social Media Privacy Advertising Advertising 72

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

Technology & Marketing Law Blog

JANUARY 24, 2023

As part of Musk’s ElonJet crackdown, he blocked journalists for reporting on the story. This was always a tough case involving possible conflicts between Section 230 and the Fair Credit Reporting Act. The opinion upheld every aspect of Texas’ social media censorship law. Henderson v. Source for Public Data.

Law 113

Law Social Media Government Privacy 113