Technology & Marketing Law Blog

DECEMBER 27, 2023

His defense is that the work he used was free for all; after his victory, that work remains in the public domain for others to build upon. The notion that there is no publication or commercial “use” upon placing the image on the open Internet ignores the terms and purpose of Cal.

IP 73

IP Advertising Advertising Copyright 73

SpicyIP

MARCH 15, 2022

The EU took the Intellectual Property route by introducing a related right under its copy right law. The Indian press publication industry is investing in digital properties to capture the growth of revenue from digital advertising as the consumption pattern of the news is shifting to digital space. Analysis in Indian Context.

Publishing 105

Publishing Marketing Marketing Advertising 105

Technology & Marketing Law Blog

DECEMBER 13, 2023

Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. Copyright law forbids duplication, public performance, and so on, unless the person wishing to copy or perform the work gets permission; silence means a ban on copying. A copyright is a right against the world.

Blogging 80

Blogging Copyright Contracts Cease and Desist 80

Kashishipr

MAY 25, 2021

It may not always prevent unauthorized copying; however, it may serve as a public notice by securing a public record in one’s favor. The extent of use of such content: whether the entire content is being copied or a specific excerpt relevant to the purpose (teaching, commenting, etc.) is being utilized?

Intellectual Property 98

Intellectual Property Blogging Fair Use Registration 98

Technology & Marketing Law Blog

AUGUST 2, 2023

Do these creations belong to the artists or the public domain? s advertisement for hats, copying Sarony’s Oscar Wilde No. A new breed of artists is using generative artificial intelligence tools like DALL·E, Midjourney, Firefly, and ChatGPT to create artistic works. By guest blogger Prof. Ehrich Bros.’s

Artwork 96

Artwork Blogging Art Copyright 96

Plagiarism Today

SEPTEMBER 14, 2022

He found that many commercially-available products were not being sold as advertised and included fillers and even toxic substances mixed in. Thompson, for his part, has said that he and his colleagues plan to “place our full set of concerns into the public domain soon,” signalling that this is not the end story.

Journalism 178

Journalism Plagiarism Publishing Public Domain 178

Technology & Marketing Law Blog

MAY 13, 2024

As I wrote back in December, scraping claims are almost always about unwanted copying and distribution of data. And that, in turn, further restricts what should be in the public domain and gives companies power to create property rights where none are otherwise granted in the law. citations omitted) X Corp. Bright Data at 21.

Blogging 96

Blogging Contracts Cease and Desist Social Media 96

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 92

Blogging Contracts Copyright Law Copyright 92

Copyright Lately

OCTOBER 25, 2021

As the story goes, they provided him with a copy of a few scenes from “Ghostbusters” in which the theme would appear. You can judge for yourself by downloading a copy of “Jap Herron” here. This prompted a lawsuit by Don Post Studios, which asserted that the Cinema Secrets mask was a copy of its own mask.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

IP and Legal Filings

SEPTEMBER 12, 2022

Cooper case, a work does not have to be entirely unique in order to be protected by copyright; rather, there needs to be some effort put into it and it cannot be a carbon copy of another person’s work. The picture was released in Public Domain without permission, which is the issue with this.

Art 52

Art Copyright Artistic Work Public Domain 52

43(B)log

APRIL 26, 2022

The trial court found Ethicon committed 153,351 violations of the Unfair Competition Law (UCL) and 121,844 violations of the False Advertising Law (FAL) and imposed a $1,250 civil penalty for each violation. Materiality can also be relevant to whether class treatment is justified in a private FAL/UCL restitution action.

Advertising 59

Advertising Advertising Marketing Marketing 59

IP and Legal Filings

JANUARY 22, 2024

The domain of copyright deals with the literary, musical, dramatic, and artistic works, and cinematograph films. Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

SpicyIP

NOVEMBER 15, 2022

The High Court also noted that merely because the impugned mark’s advertisement occurred in Delhi, the courts of Delhi will not become eligible to adjudicate on the dispute. The Defendant was served with a copy of summons and it did appear in one of the hearings, but later stopped, thus causing the matter to proceed ex-parte.

Trademark 105

Trademark Patent Copyright Designs 105

Technology & Marketing Law Blog

DECEMBER 15, 2021

This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v.

Registration 112

Registration Fair Use Copyright Designs 112

LexBlog IP

FEBRUARY 28, 2022

precisely replicat[ing] a copyrighted advertising logo to make a comment about consumerism’ (such as Warhol’s well-known depictions of Campbell’s soup cans), which ‘might. 17] Accordingly, when the Warhol Foundation petitioned the Second Circuit for rehearing following the Google decision, the Second Circuit agreed to reconsider the case.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

43(B)log

DECEMBER 20, 2022

The 2001 Documentary “sold 50,000 copies in two weeks and revolutionized the Baltimore dirt-bike culture,” inspiring a sequel and plans to make a third film. So too with unjust enrichment, which was based on defendants’ copying. Plaintiffs allegedly used the 12 O’Clock Boyz trademarks since 2001 and registered the marks in 2016.

Fair Use 52

Fair Use Trademark Copyright Editing 52

43(B)log

JUNE 24, 2022

Typically D argues that I’m using the term in mere advertising copy/not in a TM space. Ramsey: BB is interesting because they used a public domain image on the shirt. 1A and © public domain seem to answer the market definition Q. O2 Holdings/comparative advertising.

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

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? Farley: INTA says its objective is to protect the public through the use of TMs/avoiding deception. Google fought for keyword advertising but couldn’t win that today. But they can’t. They’re sidelined by the techlash.

Trademark 45

Trademark Law Branding Brands 45