43(B)log

APRIL 28, 2021

I've recently seen two examples of the following phenomenon: off of Amazon, an advertiser uses images of its product with another well-known product, and they do go together, but on Amazon, the advertising is different. Anyone know if there's an Amazon policy driving this?

Fair Use 91

Fair Use Advertising Advertising Trademark 91

SpicyIP

DECEMBER 6, 2023

2(c), the fair use exemption thereof under Sec. 52(1)(t); and (ii) if yes, whether the proviso of the same or ‘fixation requirement’ excludes it from the scope of fair use. Lastly, I will discuss the argument of moral rights of the author in contending the ‘fair use exemption’ of their work.

Moral Rights 49

Moral Rights Fair Use Art Artistic Work 49

43(B)log

MARCH 10, 2023

First, nominative fair use permits only the “truthful use of a mark.” Use of the mark with the words “compliant,” “legal,” and “meets. Toyota, 610 F.3d 3d at 1177. Defendants contended that one axe “meet[s] WATL Regulations” and that another “meets WATL Regulations with a slight modification that is commonly made.”

Fair Use 69

Fair Use False Advertising Social Media Advertising 69

LexBlog IP

MARCH 15, 2024

Plaintiff has been suing various wristwatch companies over the use of the term RED GOLD. Throughout the twentieth century, many newspapers, advertisements, magazines, textbooks, and other reference materials used the term “red gold” to describe the gold-copper combination.

Fair Use 52

Fair Use Social Media Trademark Advertising 52

LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] It found that all four fair use factors weighed against fair use. [12] Goldsmith counterclaimed for copyright infringement.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

43(B)log

MARCH 21, 2024

The court previously denied summary judgment on nominative fair use, treating it as a balancing test: LHB needed to use “Taser” to refer to Axon’s product, but used too much (it was a former distributor), and there were genuine disputes of fact on whether it did anything else to suggest endorsement.

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Fair Use Advertising Advertising Art 45

43(B)log

JUNE 19, 2023

“Xfinity alleges GGT is using fake or stolen identities to obtain Xfinity phones, and that GGT ‘unlocks’ those phones before reselling them abroad for a profit.” However, GGT’s website use of Xfinity’s logo was nominative fair use as a matter of law.

Fair Use 81

Fair Use Trademark Advertising Advertising 81

Above the Fold

MAY 22, 2023

This high-profile case hinged on whether Warhol’s images of Prince meaningfully transformed Goldsmith’s original black and white photo so as to create a new work of art protected by the fair use doctrine. SCOTUS held that Warhol’s images did not constitute fair use.

Fair Use 52

Fair Use Copyright Infringement Art Music 52

LexBlog IP

MAY 19, 2023

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. copyright law, the Supreme Court focused on the actual use made, i.e. what the user does with the original work. copyright law. Copyright law in the U.S.

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Fair Use Derivative Work Copyright Law Art 52

43(B)log

AUGUST 16, 2021

Trademark/unfair competition claims: these were all based on alleged use of the “Rose Bowl” mark in an Instagram post made on the Rose Bowl Stadium’s official Instagram account, together with an image of the official program from the 1956 iteration of the Rose Bowl Game. The Instagram post was before the court and was NFU.

Fair Use 94

Fair Use False Advertising Intellectual Property Ownership 94

43(B)log

MARCH 1, 2022

25, 2022) “The softball team and flag corps at a public high school outside Fort Worth used their Twitter accounts to post a motivational passage from sports psychologist Keith Bell’s book, Winning Isn’t Normal.” He sued; the court of appeals affirms a finding of fair use on a motion to dismiss and an award of attorneys’ fees.

Fair Use 90

Fair Use Social Media Licensing Marketing 90

SpicyIP

JULY 13, 2021

We’re pleased to bring you a guest post by Sangita Sharma, looking into the law around comparative advertisements in India. Serious Comparative Advertising: Broadening the Definition. It allowed the advertisement but asked the company to remove the reference to the detergent soap. Sangita Sharma.

Advertising 105

Advertising Advertising Branding Brands 105

43(B)log

APRIL 15, 2024

Appellee I Dig Texas tried to appeal to consumers’ preference for American-made products; it used Creager’s photographs of its China-made Montana Post Drivers as part of its advertising. Rather than ruling on fair use, the court reached the alternative ground of lack of any nexus to damage, which was fully briefed below.

Advertising 59

Advertising Advertising Fair Use Copyright 59

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 78

Copyright Fair Use Social Media Artwork 78

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

False Advertising 64

False Advertising Advertising Advertising Copyright 64

Intellectual Property Law Blog

APRIL 13, 2023

These issues include whether the training of GAI models constitute infringement or is permitted under fair use, who is liable if the output infringes (the tool provider or user) and whether the output is copyrightable. Generative AI (GAI) applications have raised numerous copyright issues.

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Fair Use Designs Design Advertising 246

43(B)log

SEPTEMBER 28, 2021

Unsurprisingly, the trademark claims survive a motion to dismiss, but associated false advertising claims don’t. VFB alleged trademark infringement, and that the Vampiro Cocktail label’s claims that it is made from 100% agave and with grapefruit were false advertising that would tarnish and dilute VFB’s marks.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

43(B)log

SEPTEMBER 16, 2021

This has caused some confusion about whether and when a commercial license from Neo4j USA is necessary to use, modify or redistribute the software in a commercial setting.” Thus, this was not nominative fair use, but rather a use that created the misleading perception that defendants’ products were Neo4j products.

False Advertising 64

False Advertising Advertising Advertising Licensing 64

43(B)log

MARCH 14, 2024

But with nominative fair use, courts engage in more unfair competition/normative reasoning. When a court finds that a use went beyond identifying to suggesting a connection, it often doesn’t use any of the factors that empirically we might use to figure out if that was true.

Advertising 69

Advertising Advertising Music Fair Use 69

The IP Law Blog

DECEMBER 29, 2023

3: What Now for Fair Use After Warhol v. Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. As we look back, we want to share The Briefing’s most popular episodes in 2023. Goldsmith The U.S. Supreme Court ruled in Andy Warhol Foundation v.

False Advertising 62

False Advertising Intellectual Property Fair Use Music 62

Technology & Marketing Law Blog

JANUARY 22, 2022

The court says the Dubtown video wasn’t copyright infringing because of fair use: Purpose/Character of Use. ” The videos were transformative, even if parts of precedent material were used verbatim. .” However, McFree made transformative uses. This factor weighs slightly against fair use.

Fair Use 129

Fair Use Copyright Infringement Marketing Marketing 129

43(B)log

NOVEMBER 21, 2022

They try to articulate claims for trademark infringement, counterfeiting, false association, and false advertising. Thus, “[i]n context, the contested button is not false association or false advertising.” They don’t succeed, especially considering Rule 9(b)’s heightened pleading requirements for claims sounding in fraud.

False Advertising 72

False Advertising Fair Use Advertising Advertising 72

LexBlog IP

DECEMBER 29, 2023

3: What Now for Fair Use After Warhol v. Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. As we look back, we want to share The Briefing’s most popular episodes in 2023. Goldsmith The U.S. Supreme Court ruled in Andy Warhol Foundation v.

False Advertising 52

False Advertising Intellectual Property Fair Use Music 52

LexBlog IP

JULY 18, 2023

This time I will be covering fair use for trademarks instead of copyright. Fair use in the trademark space breaks down into two categories. The first is descriptive fair use. The second is nominative fair use. As Erin covered in an earlier post , trademarks are on a spectrum of distinctiveness.

Trademark 52

Trademark Fair Use Branding Brands 52

Technology & Marketing Law Blog

DECEMBER 31, 2021

The court says that instead of doing a First Amendment analysis, it’s possible that a fair use analysis is sufficient for 512(h) subpoenas (citing Eldred for the principle that fair use is the First Amendment safety valve to copyright infringement). Case citation : In re DMCA § 512(h) Subpoena to Twitter, Inc.,

Fair Use 110

Fair Use Blogging Marketing Marketing 110

Technology & Marketing Law Blog

OCTOBER 25, 2023

Instead, she gets a 12(b)(6) dismissal based on fair use. Purpose and Character of Use. Plus, the tattoo affected the fair use analysis because it established the impossibility of competitive tension between the tattoo artist and Netflix. For this, Cramer demanded $10M dollars from Netflix (later dropped to $50k).

Blogging 82

Blogging Copyright Fair Use Copyright Infringement 82

IP and Legal Filings

MARCH 5, 2024

Trademark infringement has grown more complex and pervasive, ranging from counterfeit goods to digital squatting and keyword advertising. Using trademarks in domain names, linking, framing, meta-tagging, and framing are a few methods that could lead to trademark challenges. Cybersquatting is another type of trademark infringement.

Trademark 88

Trademark Social Media Advertising Advertising 88

Plagiarism Today

OCTOBER 3, 2022

That case, after many stops and starts, went to trial last week with the jury awarding victory to Alexander, saying that Take-Two’s use of the tattoos was not a fair use. The new agency has worked to tackle piracy by reducing the appearance of such resources in search engines and targeting advertising on such sites.

Licensing 182

Licensing Copyright Fair Use Plagiarism 182

43(B)log

NOVEMBER 1, 2022

The court, unfortunately, misapplies nominative fair use, reasoning that “[i]n this case, however, plaintiff alleges that defendants are using plaintiff’s trademark to refer to defendants’ goods or services. False advertising: Sufficiently pled, despite Shkipin’s argument that his reviews were not commercial speech.

False Advertising 59

False Advertising Fair Use Advertising Advertising 59

TorrentFreak

MARCH 27, 2022

Dealing with most claims this way provides efficiency for YouTube but there are times when algorithms get things wrong or complex issues such as determining instances of ‘fair use require input from human beings. To this end, Google/YouTube is now seeking to boost its already massive team. Copyright Operations Specialist.

Copyright 133

Copyright Fair Use Copyright Law Advertising 133

43(B)log

MAY 19, 2023

Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform. The court also found that the alleged use of the Roblox name was not, as a matter of law, nominative fair use.

Copying 94

Copying False Advertising Social Media Advertising 94

TorrentFreak

NOVEMBER 18, 2022

Japan does not recognize fair use and even if it did, experts predicted that ‘Fast Movies’ would still cross red lines. People generating advertising revenue from ‘Fast Movies’ certainly wouldn’t improve things either.

Editing 136

Editing Television Copyright Infringement Advertising 136

SpicyIP

AUGUST 22, 2022

This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop. C) Any non-commercial use of a mark.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

BYU Copyright Blog

FEBRUARY 21, 2024

University of Chicago Flies Too High With Aerial Photograph Joshua Potter February 21, 08:37 AM February 21, 08:37 AM On November 15 th , 2023, John Fielding (Fielding) filed a complaint against The University of Chicago (UChicago) for copyright infringement, alleging the unlicensed use of one of his photographs (the Work).

Fair Use 40

Fair Use Copyright Infringement Advertising Advertising 40

Technology & Marketing Law Blog

APRIL 22, 2024

Due to the fact-specific nature of doctrines like implied licenses and fair use, it’s possible the Hayden and Orton jury verdicts are consistent with each other. Tattoo Advertising/Human Billboards Copyright in Tattoos Also, see Q2 of my 2005 contracts law exam and the sample answer. Warner Bros.

Licensing 70

Licensing Copyright Blogging Fair Use 70

Technology & Marketing Law Blog

JUNE 2, 2022

Nature of Use. It wasn’t possible to use only a portion of the photo to depict melancholy, so I guess the court is saying Kat Von D should have picked a different image altogether? This factor weighs against fair use. Tattoo Advertising/Human Billboards. ” That sends the issue to the jury. Warner Bros.

Copyright 142

Copyright Social Media Fair Use Licensing 142

Copyright Lately

SEPTEMBER 12, 2022

In the alternative, Vila asserted that his reproduction of Deadly Doll’s copyrighted work in connection with the photograph of Shayk was protected by the fair use doctrine. To be safe, the seller should make sure to take its own photos of the product, as opposed to using images owned by the manufacturer.) 17 U.S.C. §

Copyright 97

Copyright Derivative Work Artwork Fair Use 97