IP Intelligence

JULY 15, 2021

For attorneys frequently engaged in copyright infringement litigation, drilling down into the specifics of the four fair use defense factors set forth in 17 U.S.C. § But the existence of commercialism and website advertisements is not, and should not be, a death knell for a successful fair use defense. 107 is common practice.

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43(B)log

OCTOBER 9, 2023

Amazon’s Brand Registry advertises “Automated Protections” that are “[p]owered by Amazon’s Machine Learning.” False advertising, Lei defendants: The complaint didn’t explain how “designed in the United States but … manufactured in China” was materially deceptive and thus didn’t meet FRCP 9(b) pleading standards.

Advertising 72

Advertising Advertising Branding Brands 72

TorrentFreak

JULY 9, 2022

These VPN providers emphasize in advertisements that they delete their end users’ log access records so their identities will never be disclosed to copyright owners or law enforcement. “Downloading and sharing files via torrent is a violation of copyright law. Millions in Copyright and Trademark Damages.

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LexBlog IP

JULY 15, 2021

For attorneys frequently engaged in copyright infringement litigation, drilling down into the specifics of the four fair use defense factors set forth in 17 U.S.C. § ” But the existence of commercialism and website advertisements is not, and should not be, a death knell for a successful fair use defense.

Fair Use 52

Fair Use Advertising Advertising Copyright 52

Olartemoure Blog

SEPTEMBER 1, 2023

On August 21, 2023, the Advertising Guide for Influencers of the Federal Consumer Protection Agency (PROFECO) was published in the Official Journal of the Federation (DOF). This guide provides guidelines for influencers and content creators in Mexico to follow the advertising regulations established by the Federal Consumer Protection Law.

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Advertising Advertising Journalism Intellectual Property 52

TorrentFreak

NOVEMBER 11, 2021

This is why the advertising industry is seen as an ally in the fight against piracy. In the UK , hundreds of advertising agencies began banning pirate sites, and the European Union chimed in as well. What we do know is that earlier this year, there were 5,800 domain names reported as “copyright infringing” sites.

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Technology & Marketing Law Blog

AUGUST 11, 2022

Rebecca Tushnet and I are pleased to announce the sixth edition of our casebook, Advertising & Marketing Law: Cases & Materials. We also have two online-only chapters on housing discrimination (Chapter 20) and political advertising (Chapter 21), both also freely downloadable. Chapter 2: What is an Advertisement?

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IPilogue

FEBRUARY 14, 2022

Comparative advertising is an effective marketing technique, in which a company’s product or service is compared to its competitor’s. Despite these advantages, comparative advertising is a dangerous field to navigate from a legal perspective. Tianchu Gao is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. .

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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.

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Advertising Advertising Intellectual Property Social Media 52

LexBlog IP

AUGUST 15, 2023

Can one company use another’s copyrighted images in its advertisements to contrast where the two companies’ products are manufactured? And if this is generally but not always allowed, when is it okay? Read more

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Advertising Advertising False Advertising Copyright 40

43(B)log

DECEMBER 1, 2022

28, 2022) Outlaw lost its bid for a preliminary injunction enjoining Santos, aka OSD Audio, from selling products containing user manuals that allegedly infringed Outlaw’s copyright, falsely represented OSD Audio products’ specifications, and falsely represented that OSD Audio and Outlaw’s products are similar.

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Advertising Advertising False Advertising Copyright 64

43(B)log

JUNE 26, 2023

lawsuits against clubs for advertising them with images of models without those models’ consent. The relevant policy provides coverage for bodily injury, property injury, and advertising injury, subject to certain conditions and exclusions. Covered personal/advertising injury included d.

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Advertising Advertising False Advertising Intellectual Property 72

43(B)log

APRIL 26, 2023

24, 2023) “This case arises out of alleged misuse of copyrighted images, eventually leading to a dispute … that resulted in false business reviews, malicious e-mails, and mutual efforts to interfere with each other’s business.” I Dig Texas, LLC v. Creager Servs., LLC, 2023 WL 3066119, No. 22-CV-0097-CVE-JFJ (N.D.

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LexBlog IP

OCTOBER 5, 2023

Seyfarth attorneys Aaron Belzer, Lauren Leipold, Ken Wilton, and Renée Appel will present at the Association of National Advertisers’ Legal Affairs Committee meeting on Thursday, October 19, 2023.

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Advertising Advertising False Advertising Litigation 52

The IPKat

DECEMBER 14, 2023

Today, we begin with developments in the copyright field. The Regulations were made pursuant to section 45 of the Copyright and Neighbouring Rights Act and came into force on 18th March 2022. The photographer, Esther Umoh called this person out for copyright infringement on social media platform “X”.

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Copyright IP Social Media Copyright Infringement 92

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.

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Copyright Fair Use Social Media Artwork 78

Plagiarism Today

OCTOBER 26, 2021

As we’ve discussed in the past , copyright has played an oddly oversized role in our modern Halloween festivities. However, one of the areas that is generally less talked about is copyright’s impact on Halloween costumes. Copyright and Halloween Costumes. Copyright Office. However, copyright is only half the picture.

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The IPKat

SEPTEMBER 10, 2022

Earlier in April, the Supreme Court of Appeal of South Africa (SCA) ruled on the appeal brought by the Advertising Regulatory Board (ARB) against the decision of the High Court (discussed on the IPKat here ), which held inter alia that the certain provisions of the ARB’s Code of Advertising Practice (the “Code”) were unconstitutional.

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Kashishipr

OCTOBER 5, 2022

In the ongoing highly competitive working business environment, the elements of a good advertisement are likely to be copied or imitated by others in the industry. Brands and businesses are now exploring more innovative ways to advertise their offerings, i.e., products or services. In this case, the plaintiff was Bright Lifecare Pvt.

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JD Supra Law

APRIL 17, 2024

In recent years, the advent of the social media “influencer” has revolutionized advertising. Likewise, influencers create certain content to secure brand deals and attract advertisers. Companies often partner with influencers to market their products, hoping to tap into the influencer’s devoted audience.

Copyright Law 78

Copyright Law Social Media Branding Brands 78

TorrentFreak

JUNE 15, 2023

‘Breeding Mass Copyright Infringement’ Universal Music, Sony Music, EMI and others filed a complaint at a federal court in Nashville, Tennessee, accusing Twitter’s parent company X Corp of “breeding” mass copyright infringement. copyright law.

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Copyright Infringement Music Copyright Social Media 127

TorrentFreak

FEBRUARY 16, 2024

Lawsuits filed in the United States targeting pirate sites usually focus on breaches of copyright law, typically direct and secondary infringement, or violations of the DMCA, depending on individual circumstances. filed its complaint. filed its complaint. In theory, at least.

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Copyright Trademark Copyright Infringement Registration 108

Technology & Marketing Law Blog

APRIL 22, 2024

This is one of several copyright cases brought by tattoo artists against videogame makers for depicting athletes bearing their tattoos. That case involved a photographer who sued the tattoo artist for depicting the copyrighted photo in a tattoo. WWE 2K Can Tattoos Infringe Copyrights, and If So, What Happens Then?–Sedlik

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Licensing Copyright Blogging Fair Use 69

JD Supra Law

JANUARY 9, 2024

Copyright infringement is a significant problem for operators of news websites. All too often, sophisticated and amateur infringers alike copy content from news websites without permission and pass it off as their own – in many cases forcing legitimate news organizations to compete with their own content for views and advertising dollars.

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Registration Copyright Journalism Copyright Infringement 74

43(B)log

OCTOBER 11, 2022

Boston Suburban allegedly continued to use the “Logan Car Service” mark in online keyword advertising and in metatags, and continued to copy customer reviews from Boston Carriage’s website and publish them on online review platforms.

False Advertising 83

False Advertising Advertising Advertising Copying 83

43(B)log

APRIL 25, 2023

Republic alleged that HBI, its competitor in the tobacco rolling paper industry, engaged in false advertising under the Lanham Act, unfair competition, and violations of the IUDTPA. HBI counterclaimed that Republic infringed its copyrights and trade dress. There was no special verdict form.

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False Advertising Advertising Advertising Law 59

The IPKat

JULY 7, 2021

Late in May, a High Court in South Africa delivered judgment in Bliss Brands (Pty) Ltd v Advertising Regulatory Board NPC & Others , on the issue of the extent of the powers of the Advertising Regulatory Board (‘ARB’) in matters relating to trade mark and copyright laws. you are not one of us! [An you are not one of us!*

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Advertising Advertising Branding Brands 57

Technology & Marketing Law Blog

NOVEMBER 30, 2022

As I wrote previously : lawsuits against IAPs are problematic for many reasons, including the failure of 512(a), the danger of assuming that notices of claimed infringements (NOCIs) actually reflect infringing behavior, and the mismatch between the wrongdoing of alleged copyright infringement and the remedy of terminating Internet access.

Copyright 125

Copyright Advertising Advertising Copyright Infringement 125

JD Supra Law

FEBRUARY 28, 2023

Foreword - In legal sense, "architectural works" refer to works with aesthetic significance expressed in the form of buildings or structures, which are protected by Copyright Law. However, landmark buildings have public attributes in addition to the legal attributes of copyright. By: Linda Liu & Partners

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Copyright Copyright Law Advertising Advertising 98

TorrentFreak

JANUARY 18, 2022

In order to finance their operations, millions of websites rely on advertising to generate revenue. For some readers, however, excessive or obtrusive advertising is something to be combatted, often through the use of adblocking tools. Axel Springer Claims Adblocking is Copyright Infringement. Court Dismisses Lawsuit.

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Copyright Infringement Copyright Publishing Copyright Law 145

Dear Rich IP Blog

MARCH 15, 2023

Dear Rich: I am working on a book project which would use advertisements from a major U.S. The magazine itself was copyrighted, but the ads do not contain any copyright markings, so my understanding is that the ads would have entered into the public domain. The advertisements are most likely in the public domain.

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BYU Copyright Blog

JULY 3, 2023

DBA THE DWIGHT SCHOOL (“NYPSI”) for copyright infringement.Libera is the owner of Libera Design and is a professional photographer, he specializes in tourism advertising as well as motion-controlled-time lapse. Libera’s work “was and is widely published worldwide” and “used on TV and in advertising.”

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Settlement Copyright Advertising Advertising 52

The IPKat

JANUARY 5, 2023

legal battle over the character of Zorro, the Supreme Court has provided important guidance on the requirements and limits of parody under both copyright [see also here for a recent French case] and trade mark law. over a TV and radio advertisement which the latter had commissioned on behalf of bottled water brand Brio Blu.

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Copyright Law Advertising Advertising 138

43(B)log

DECEMBER 18, 2023

15, 2023) Simpson sued its competitor MiTek for using Simpson part numbers for structural connectors/fasteners for use in the construction industry in its catalogs/other promotional material; the court here, after a nonjury trial before the magistrate judge, rather comprehensively rejects its false advertising, trademark, and copyright claims. (It

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False Advertising Advertising Advertising Copyright 64

Trademark and Copyright Law Blog

APRIL 25, 2022

Business is booming for cannabis ventures, but the legal landscape for brand protection and product advertising is rife with complications that demand special consideration. Advertising best practices and what not to say. Reed , Partner, Co-Chair, Trademark, Copyright & Unfair Competition Practice.

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Advertising Advertising Trademark Intellectual Property 40

Technology & Marketing Law Blog

MARCH 6, 2024

A magistrate judge recommended dismissing Tomelleri’s copyright claims. He ultimately summarizes: “District court decisions within the Sixth Circuit have held that plaintiffs must show the defendant ‘intentionally and knowingly’ copied the copyrighted work.” The supervising judge agrees.

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Copyright Trademark Law Publishing Copyright Infringement 99

Kluwer Copyright Blog

MAY 23, 2022

An interesting case recently decided by the Italian Supreme Court ( Corte di Cassazione ) has focused on whether the slogan “ 500% FIAT ” can be protected by copyright (decision No. This was not the first time the Italian Supreme Court has taken a position on copyright protection for advertising claims. Richter via Pixabay.

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