LexBlog IP

MAY 24, 2023

Texas Attorney General Ken Paxton recently announced his office has reached an $8 million settlement with Google of its lawsuit alleging deceptive radio disc jockey advertisements for the Google Pixel 4 smartphone. million to “record and broadcast advertisements by their Radio Personalities endorsing the Pixel 4.”

Advertising 52

Advertising Advertising Settlement Copying 52

IP and Legal Filings

FEBRUARY 15, 2022

The cause of action in the original suit was the alleged breach of a settlement with the plaintiff, caused by the defendant’s continued use of the plaintiff’s trademark in advertisements on the big search engine. The defendant in their motion of attorney’s fees argued that the plaintiff unreasonably litigated the case.

Litigation 61

Litigation Advertising Advertising Settlement 61

43(B)log

MARCH 1, 2022

Amount/substantiality: Accepting his allegation that the passage was the heart of the work, the court saw no need to separately address his argument that the separate registration meant that the school district copied the “whole” work. If that were all, copying the WIN Passage would be qualitatively significant. NXIVM Corp.

Fair Use 90

Fair Use Social Media Licensing Marketing 90

Technology & Marketing Law Blog

JULY 18, 2023

This is great for Google but highly harmful to Genius, which, like many websites, bases its business model on users’ traffic and advertisements. Genius planted tiny mistakes in some of the lyrics it posted, and once those appeared in Google’s information boxes, it argued that Google copied lyrics from Genius.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

Technology & Marketing Law Blog

FEBRUARY 12, 2024

The IJR “article generated approximately $2 to $3 in advertising revenue for IJR based on the number of page views it received.” “IJR copied a significant percentage of the Photo in its article, and it only cropped out the negative space while keeping the Photo’s expressive features, or the ‘heart’ of the work.”

Fair Use 88

Fair Use Licensing Copyright Marketing 88

Technology & Marketing Law Blog

DECEMBER 15, 2021

The Lenz case got a lot of press, but it ended with a confidential settlement. To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. The 512(f) plaintiff wins after 3 years of litigation and a bench trial. As a result, we’ve seen very, very few successful 512(f) enforcements.

Registration 111

Registration Fair Use Copyright Designs 111

TorrentFreak

APRIL 6, 2023

Until now, Plaintiffs’ modus operandi has been to file John Doe lawsuits in the hope of securing quick settlements and to dismiss them at the slightest resistance,” they wrote. — A copy of Judge Domenico’s order on the motion to dismiss in the WOW! According to the court, that’s the case here.

Copyright Infringement 108

Copyright Infringement IP Copyright Reporting 108

LexBlog IP

APRIL 12, 2022

The authority that the FTC is using here is set forth in Section 5(m)(1)(B) of the FTC Act, and the agency can only obtain civil penalties if it can show that the target had “actual knowledge” that the practices had previously been deemed deceptive or unfair by the FTC in litigated administrative decisions.

Settlement 52

Settlement Copying Marketing Marketing 52

SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. Please let us know in the comments below. Read on to know more!

Trademark 59

Trademark Registration Copyright Patent 59

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings. BPCIA Litigation. Antitrust Litigation. No earlier than July 31, 2023 per settlement.

Settlement 52

Settlement Litigation Marketing Marketing 52

Technology & Marketing Law Blog

JUNE 29, 2022

This week, another court added to 1-800 Contacts’ smouldering pile of trademark jurisprudence and granted a judgment on the pleadings (Rule 12(c)) dismissing 1-800 Contacts’ competitive keyword advertising lawsuit against its rival Warby Parker. Keyword Ads. Proximity of goods. ” Bad faith. Customer sophistication.

Trademark 106

Trademark Advertising Advertising Settlement 106

Technology & Marketing Law Blog

AUGUST 30, 2021

But much like George Washington’s army, even though Flo & Eddie lost many individual battles, they ultimately won the war, as their quixotic litigation campaign prompted Congress to grant protection to pre-1972 sound recordings equivalent to that provided to newer sound recordings under federal copyright law.

Blogging 83

Blogging Copyright Settlement Music 83

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

There’s also a copyright claim for Luxy copying the plaintiff’s TOS/privacy policy. The litigants use the Internet, but who doesn’t, so normally the court would say this factor is irrelevant. More Posts About Keyword Advertising. This is a topic I used as a sample exam idea in the 1990s). Marketing channels.

Advertising 98

Advertising Advertising Trademark Settlement 98

Technology & Marketing Law Blog

JUNE 11, 2022

A photo of the Indianapolis nighttime skyline has generated $825 in license fees & $135k in settlements. After 3+ yrs of litigation, court awards Bell $200 in statutory damages–but actually $0 due to a related settlement. This is a preview of the future of CCB litigation…CAN’T WAIT! CDK Global LLC v.

Copyright 110

Copyright Copying Copyright Infringement Copyright Law 110

43(B)log

AUGUST 12, 2022

Similarity to Doe defendants—one advantages is plaintiff can use the revelation of identities of defendants as leverage to get settlement, as in the porn/© cases. The point is not to litigate, but to get the court order to take to a place like Amazon, which will shut down the entire business and not just the targeted conduct.

Settlement 59

Settlement IP Music Licensing 59

LexBlog IP

JULY 21, 2021

In Europe and the United States at least, every trademark has at least three purposes: (1) It identifies the origin of a product or service; (2) It guarantees consistent quality of that good or service; (3) It serves as symbolic communication as a basis for publicity and advertising. Compendium, at Section 313.2 ]. copyright law. ” Id.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

43(B)log

FEBRUARY 23, 2024

Sears/Compco said there was a right to copy things in the public domain; how did that go away? Robert Burrell: Australian trend—lot of $ coming in to TM, and so nonexpert lawyers are coming in and litigating, often to damaging effect. Google fought for keyword advertising but couldn’t win that today. But they can’t.

Trademark 45

Trademark Law Branding Brands 45

Copyright Lately

OCTOBER 23, 2023

Trump is actively litigating a copyright infringement lawsuit over the Eddy Grant song “Electric Avenue” while trying to keep relevant deposition testimony in the case permanently under seal. Meanwhile, here’s a copy of a heavily redacted excerpt from Donald Trump’s deposition transcript.

Copyright 97

Copyright Fair Use Music Copyright Infringement 97