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 spends more time on its likelihood of confusion analysis.

Blogging 91

Blogging Social Media Television Fair Use 91

IP Tech Blog

NOVEMBER 29, 2023

As a way to supplement her income, she put on a contest whereby her social media followers would buy gift certificates for future tattoos and would get to vote on one of several funny tattoos that would eventually be tattooed onto the artist’s husband. Netflix moved to dismiss the complaint on, among other grounds, fair use.

Fair Use 62

Fair Use Cease and Desist Social Media Art 62

JIPL Online

NOVEMBER 1, 2021

This blog will argue that copyright law should not be leveraged to destroy donation-based mods the way it has done so to paywalled mods. First, this blog will explain the reason that mods have turned to crowdfunding by discussing the history of mod monetization. 6] Mod creators are not always deterred by these setbacks. [7]

Derivative Work 59

Derivative Work Cease and Desist Blogging Litigation 59

Technology & Marketing Law Blog

DECEMBER 15, 2021

As I’ve blogged many, many times on this blog (see list below), 512(f) has been a complete failure. A few plaintiffs have won default judgments (including one I blog below). Some other 512(f) cases I’ve not previously blogged: * Paul Rudolph Foundation v. Diebold from 2004, which led to a $125k damages award.

Registration 111

Registration Fair Use Copyright Designs 111

JIPEL Copyright Blog

MARCH 21, 2022

scene in the past, things seemed to come to a head in November 2020 when Nintendo sent a cease-and-desist letter to the Tournament Organizers (TOs) of the Big House, an upcoming streamed Melee tournament, and subsequently forced them to cancel the event. Melee , know this better than anyone.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Cease and Desist Law 59

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. As a result, SuperFarm cancelled the auction. [5]

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

Technology & Marketing Law Blog

JUNE 21, 2023

As Professor Farley and I discuss in Part II of our paper, several circuits require a commercial use of the mark for infringement (or an exception for noncommercial speech) and dismiss lawsuits without applying all of the likelihood of confusion factors if the unauthorized use of the mark is not commercial speech. Redbubble, Inc. ,

Trademark 99

Trademark Blogging Trademark Law Fair Use 99