43(B)log

APRIL 18, 2023

12, 2023) Following a large verdict for Monster on false advertising claims, this opinion discusses extensively the requirements for injunctive relief in false advertising cases. The jury awarded $271,924,174 for damages sustained by Defendants’ false advertising and found that the false advertising was willful and deliberate. “As

False Advertising 72

False Advertising Advertising Advertising Social Media 72

IP and Legal Filings

MARCH 15, 2023

The company aims at highlighting the qualities of the products through advertisements which thereafter becomes an advertisement campaign which build the market identity of the product. The advertisements require a lot of brainstorming in highlighting the distinctive characteristics of the product and build its uniqueness.

Advertising 52

Advertising Advertising Intellectual Property Social Media 52

Technology & Marketing Law Blog

JULY 16, 2021

Advertising/E-Commerce. 22, 2021): companies now pay so-called “influencers” to issue posts on social media touting their products or services. To navigate the seemingly unending stream of advertisements, consumers often depend on independent reviews for candid and accurate assessments. Ariix, LLC v. NutriSearch Corp.,

Advertising 107

Advertising Advertising Contracts Social Media 107

43(B)log

SEPTEMBER 20, 2021

Natorp’s removed all of his photos from its website shortly after he complained, but the photos allegedly remained “online at various social media outlets including Natorp’s private website, Facebook, and Pinterest.” Along with copyright claims, McCleese asserted Lanham Act false advertising claims.

Copying 64

Copying False Advertising Social Media Advertising 64

Copyright Lately

MARCH 31, 2024

Video game publisher Atari Interactive has launched a copyright infringement lawsuit against State Farm, claiming that the insurer improperly appropriated artwork from Atari’s 1983 arcade game “Crystal Castles” for an advertising campaign as part of a “cynical plot” to resonate with fickle millennial and Gen Z consumers.

Copyright 79

Copyright Fair Use Social Media Artwork 79

TorrentFreak

MAY 14, 2022

On the flip side, today’s interconnected world has the ability to transform leaks into powerful advertising and hype, keeping message boards and social media alive with discussion of exciting new products, at zero cost to official marketing teams. Aggressive Promotion – Not Really a ‘Pirate’ Trait.

Copying 104

Copying Social Media Copyright Copyright Law 104

TorrentFreak

APRIL 11, 2024

TikTok Pirates For example, when a viral clip from a TV series is making the rounds on social media platforms, one could argue that this serves as free advertising. This conclusion is quite intuitive in a social media world where ‘influencers’ are widely used to promote content.

Social Media 112

Social Media Copyright Infringement Television Journalism 112

Plagiarism Today

MAY 23, 2022

The ad, which was produced by the London-based advertising agency M&C Saatchi, featured prominent Hong Kong actor and musician Andy Lau Tak-wah as he delivered a monologue about Xiaoman, the eighth solar term and second solar term of summer on the traditional Chinese calendar. Audi has also removed the video.

Plagiarism 231

Plagiarism Copying Social Media Technology 231

TorrentFreak

SEPTEMBER 25, 2023

This activity generates many millions of views which are monetized by the social media platform, while rightsholders receive no compensation for the use of their works. A few weeks ago, the social media platform filed a motion to dismiss , refuting all piracy allegations.

Music 127

Music Copyright Infringement Social Media Advertising 127

43(B)log

SEPTEMBER 15, 2021

They alleged that defendants copied the program and infringed the patent, as well as engaged in a smear campaign against plaintiffs in an effort to steal market share in the pediatric orthopedic industry. I’m only going to discuss the false advertising aspects. They didn’t advertise any alternative or promote a specific product.

Advertising 59

Advertising Advertising Social Media False Advertising 59

43(B)log

JANUARY 19, 2022

14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets.

False Advertising 59

False Advertising Advertising Advertising Privacy 59

TorrentFreak

FEBRUARY 1, 2023

For example, we have seen hosting companies, advertisers, and social media platforms being added. Some dedicated IPTV services and related companies such as Globe IPTV are called out as well, while ‘bulletproof’ hosting companies (Amaru / Flokinet) and even social media platforms (VK / WeChat) get mentioned too.

Marketing 125

Marketing Marketing Social Media Reporting 125

IP and Legal Filings

FEBRUARY 15, 2023

It has opened wide range of facilities for us like entertainment, education, advertisements, communication etc. Any user can easily copy, duplicate or access the data without the permission of the author and it is difficult to trace them back due to the issues of privacy and other matters.

Copyright Law 94

Copyright Law Copyright Law Social Media 94

TorrentFreak

OCTOBER 4, 2022

The French streaming site actively campaigns on social media where it has booked some impressive results. One of its TikTok videos went viral recently, generating over a million views of free advertising with an 8-second clip. The real challenge is driving traffic to a site while ensuring it also stays online. TikTok Views.

Social Media 136

Social Media Advertising Advertising Copying 136

TorrentFreak

JUNE 15, 2023

Many of the large social media platforms stick to these rules, but according to a lawsuit filed this week by several prominent music companies, Twitter is not among them. This activity generates many millions of views which are monetized by the social media platform, while rightsholders are not compensated.

Copyright Infringement 135

Copyright Infringement Music Copyright Social Media 135

Technology & Marketing Law Blog

JUNE 2, 2022

She tattooed the Sedlik photo onto Farmer and promoted the tattoo on social media. “Von D presumably did not need to copy the pose from the Portrait in order express a sentiment of melancholy.” However, the court says the jury can decide if the defendants profited from their social media posts.

Copyright 142

Copyright Social Media Fair Use Licensing 142

IPilogue

DECEMBER 15, 2022

The artists also mimicked Vogue’s promotional activities by distributing copies of the fake magazine in North America’s largest metropolitan areas, including New York, Los Angeles, Atlanta, Miami, Houston, and Toronto, and plastering posters of the counterfeit cover along streets and buildings in these cities.

Social Media 105

Social Media False Advertising Copying Trademark 105

TorrentFreak

OCTOBER 31, 2022

This growth is facilitated by users who openly advertise the site on social media, TikTok included. While the Authors Guild doesn’t recommend branding the platform as a notorious market, the social media platform responded to these and other rightsholder complaints in a letter to the USTR. TikTok Responds.

Social Media 141

Social Media Publishing Intellectual Property Marketing 141

TorrentFreak

APRIL 7, 2024

After uploading a copy of TPB-AFK to the system, near-instantly it found over 2,000 matches across the dozen platforms. These don’t need to be taken offline, but as far as we could see, the detected links were indeed pointing to copies of the TPB-AFK documentary. Whether it missed any links is unknown, of course.

Copying 96

Copying Copyright Infringement Fair Use Social Media 96

TorrentFreak

DECEMBER 20, 2023

It regularly involves organized crime groups that tap into source signals and rebroadcasts them to profit from the advertising views they generate. — A copy of the full written testimony from UFC General Counsel Riché McKnight is available here (pdf) From: TF , for the latest news on copyright battles, piracy and more.

Social Media 98

Social Media Advertising Advertising Law 98

TorrentFreak

MAY 2, 2022

Around the middle of April, posts on social media sites popular in Russia (VK, Telegram) suggested that cinemas in several regions would begin screening big Hollywood movies, including ones that should not be available. The pirated copy – complete with Russian dubbing – was downloaded from an unnamed torrent site.

Cinema 144

Cinema Social Media Business Copying 144

LexBlog IP

FEBRUARY 26, 2024

The limitation with an unregistered design is that it merely confers the right to prevent third parties from using a design only when it occurs as a consequence of the copying the protected design. Unfair competition may protect your fashion items against copying in two scenarios. Fashion show: a work of art?

IP 52

IP Designs Design Copying 52

SpicyIP

AUGUST 31, 2023

Recently, there has been an increase in the number of advertisements on social media for perfumes that offer the same fragrance as a luxury one at a reasonably affordable rate. It is notable that in some advertisements, there are distorted names of the luxury brands ( here , here , and here ) used to indicate their product name.

Trademark 111

Trademark Advertising Advertising Branding 111

TorrentFreak

DECEMBER 7, 2021

The group offered hardware and software solutions that allowed people to install and play unofficial games and pirated copies on various consoles, including the popular Nintendo Switch. Among other things, he allegedly advertised and trafficked circumvention devices, while maintaining regular contact with resellers throughout the world.

Social Media 130

Social Media Copying Government Advertising 130

TorrentFreak

AUGUST 15, 2023

Many of the large social media platforms stick to these rules, but according to a lawsuit filed by several prominent music companies earlier this year, X is not among them. ” The music companies showed in their complaint that advertisements were running next to infringing content.

Music 84

Music Copyright Infringement Social Media Licensing 84

TorrentFreak

JULY 15, 2022

. “Defendants advertised VNest TV as a subscription-based service providing more than 5,000 channels, movies, sports programs, and other premium content, all for a low monthly fee,” the complaint reads. “According to Defendants, VNest TV offers ‘the best content and up time than anyone else in the business.’

Cease and Desist 120

Cease and Desist Social Media Advertising Advertising 120

The IP Law Blog

AUGUST 4, 2022

Embedding” means the process of copying unique HTML code assigned to the location of a digital copy of the photo or video published to the Internet, and the insertion of that code into a target webpage or social media post so that photo or video is linked for display within the target post. In September, U.S.

Copyright Infringement 98

Copyright Infringement Social Media Licensing Publishing 98

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

43(B)log

MARCH 10, 2023

An axe-throwing business owner testified that, in 2019, he and two other league members believed that WATL worked with Cold Steel to manufacture axes, based on advertisements on Cold Steel’s website. Use of the mark with the words “compliant,” “legal,” and “meets.

Fair Use 69

Fair Use False Advertising Social Media Advertising 69

43(B)log

MARCH 1, 2022

Anyway, Bell goes around suing unauthorized users of the passage, mostly public schools or nonprofits that publish the passage on social media. If that were all, copying the WIN Passage would be qualitatively significant. Not for nothing, the Second Circuit has wisely rejected assessing factor three by counting registrations.

Fair Use 90

Fair Use Social Media Licensing Marketing 90

Kluwer Copyright Blog

AUGUST 25, 2023

The judgment also offers an insight into how the courts will view a party’s efforts to attract media attention by publicising their proceedings, as John Lewis said was the case here. Since 2009, these advertisements have been created by leading agency, adam&eve. It said this showed it had not copied the book.

Copyright 52

Copyright Copying Copyright Infringement Social Media 52

43(B)log

MAY 22, 2023

May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. Several had appeared in magazines, advertising campaigns, television episodes, and films. Exotic Island Enters.,

Social Media 49

Social Media False Advertising Advertising Advertising 49

Technology & Marketing Law Blog

MAY 30, 2022

Judging from the Rusty Krab’s marketing efforts and social media promotion as detailed in Viacom’s complaint, the pop-up was far more focused on providing the backdrop for Instagram-worthy selfies than it was on producing edible food. The court begins with findings of fact, lavishing attention on the show’s plot and popularity.

Blogging 90

Blogging Social Media Television Fair Use 90

43(B)log

JUNE 26, 2023

16, 2023) The court refused to dismiss copyright and trademark claims based on copying of a TV show format, including the hosts. REELZ allegedly told advertisers that the “working title” of the show was “PD Live,” and went so far as to announce that “REELZ ADDS #1 TV SHOW TO OUR PROGRAMS LINEUP” with “ALL NEW LIVE EPISODES.”

Social Media 59

Social Media Copying Fair Use Advertising 59

Technology & Marketing Law Blog

DECEMBER 27, 2023

Moreover, contrary to The Satanic Temple’s novel argument, domain registration is not the same as registration for a social media website.” Code § 3344, which is predicated upon “knowing[ ] use[ ] … for purposes of advertising.” ” * Hoffmann Brothers Heating and Air Conditioning, LLC v. March 29, 2023).

IP 72

IP Advertising Advertising Copyright 72

TorrentFreak

MARCH 4, 2024

The proposed injunction also mentions hosting services, search engines, proxy services, CDNs, donation platforms, browser extensions, social media, payment providers, and advertising services, among others. The request isn’t limited to IPFS gateways, of course.

Publishing 102

Publishing Social Media Copyright Infringement Copyright 102

Technology & Marketing Law Blog

DECEMBER 11, 2021

As another example, when the search results provide the records associated with Mr. Abraham, “adjacent to the list of records containing [his] name, photograph, and likeness” is an advertisement promoting the subscription membership. Section 230. ” (Tautology alert). FWIW, I raised this issue as a possible paper topic in 2008.

Advertising 90

Advertising Advertising Social Media Blogging 90