Technology & Marketing Law Blog

AUGUST 18, 2022

400 in damages after 4 years of litigation won’t put a smile on anyone’s face. Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v.

Fair Use 104

Fair Use Cease and Desist Copyright Blogging 104

Technology & Marketing Law Blog

OCTOBER 4, 2022

Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Klein. * 9th Circuit Sides With Fair Use in Dancing Baby Takedown Case–Lenz v.

Cease and Desist 85

Cease and Desist Fair Use Copyright Blogging 85

Plagiarism Today

OCTOBER 26, 2021

Besides, even if a rightsholder did decide to target such home uses (which would likely be against their self-interest), it is almost certain that it would be found to be a fair use. However, commercial use of costumes still raises legal questions. This isn’t to say there’s been no litigation in this area.

Trademark 242

Trademark Copyright Cease and Desist Copying 242

Technology & Marketing Law Blog

NOVEMBER 30, 2023

Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v.

Fair Use 64

Fair Use Cease and Desist Copyright Ownership 64

Technology & Marketing Law Blog

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

Fair Use 102

Fair Use Cease and Desist Contracts Ownership 102

Technology & Marketing Law Blog

DECEMBER 15, 2021

To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. The court also credits the self-serving claim by the successor licensee that it considered fair use by comparing the works and evaluating if the works were being sold commercially or for other purposes. A New 512(f) Plaintiff Win!

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Registration Fair Use Copyright Designs 111

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. The accessibility of Internet markets and the ease with which information may be shared have given rise to new opportunities for trademark infringement.

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Trademark Social Media Advertising Advertising 84

Technology & Marketing Law Blog

DECEMBER 13, 2023

And many of the sites where the data is collected also have prohibitions on automated data collection and web scraping in their terms of use. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. But fair use isn’t a defense to a breach of contract claim.

Blogging 79

Blogging Copyright Contracts Cease and Desist 79

Copyright Lately

AUGUST 2, 2022

Netflix could have sent Barlow & Bear a cease and desist letter hand-delivered by Regé-Jean Page. While Barlow & Bear may now try to argue that their work constitutes fair use, it’s a weak defense in this case. Just as remarkable as Barlow & Bear’s success was Netflix’s response.

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Music Derivative Work Fair Use Cease and Desist 104

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. Copyright Claims: Roc-A-Fella Records Inc.

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Non-Fungible Tokens Social Media Contracts Branding 52

Technology & Marketing Law Blog

JUNE 21, 2023

As I noted on Twitter , nothing in the opinion suggests that the display of parodies, jokes, or other messages on the surface of toys, T-shirts, or other types of expressive merchandise would, by itself, constitute a trademark use of another’s mark or trade dress. Redbubble, Inc. , Youngs Drug Products.

Trademark 100

Trademark Blogging Trademark Law Fair Use 100

Technology & Marketing Law Blog

MARCH 4, 2022

Granting one person or entity a registration in this context will make it easier for the trademark owner to suppress and chill the expression of competitors and others who want to use that message in connection with the sale of similar products.

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Registration Blogging Trademark Privacy 119