Technology & Marketing Law Blog

MARCH 11, 2024

” “There is no plausible case that X/Twitter is the “equivalent” of a cable company in the manner that Aereo—which had no meaningful existence other than as a copyright workaround for television broadcasts—was.” It was a carrier… I guess that’s a way to resolve the analysis–but not exactly a satisfying way.

Music 77

Music Copyright Social Media Copyright Infringement 77

TorrentFreak

JULY 2, 2022

Public support for these enforcement schemes is comparable to that enjoyed by wheel clampers and ANPR-powered parking fine companies. In September 2019, FACT Worldwide Limited – a company operated by Federation Against Copyright Theft chief Kieron Sharp – became a member of H&B Administration LLP.

Settlement 102

Settlement Government Copyright Reporting 102

LexBlog IP

JANUARY 29, 2022

My guess is that they are both right- ish – subject to the challenges of correctly identifying and matching applicant and assignee information in the raw USPTO data – but that IFI CLAIMS and Harrity are probably accounting differently for patents granted to related companies, such as subsidiaries and corporate group members.

Patent 52

Patent Patent Application Technology Publishing 52

Technology & Marketing Law Blog

APRIL 26, 2023

Amazon is one of the wealthiest companies in human history, it has armies of top-tier in-house and outside lawyers, and consumer contracts are the lifeblood of its business. Amazon.com, Inc. Live Nation Entertainment, Inc. , Implications Overall, cases like this make my head hurt. Case citation : Jackson v. Oberstein v.

Contracts 76

Contracts Copying Technology Licensing 76

43(B)log

APRIL 27, 2022

Nestlé USA, Inc., The survey evidence is clear—and for what it’s worth, the students generally strongly agree—that average consumers would expect “white chips” in a form familiar to chocolate lovers from a company known for chocolate to be made with white chocolate. Prescott v. 2022 WL 1062050, -- F. 19-cv-07471-BLF (N.D.

Branding 45

Branding Brands Branding Business 45

Technology & Marketing Law Blog

JANUARY 8, 2024

I guess they subscribe to the lesson my grandma taught me: “if you don’t ask, the answer is always no.” The trademark owner argued that the search results didn’t disclaim an affiliation between the companies, but it had no evidence to support that concern and thus it couldn’t survive summary judgment.

Trademark 78

Trademark Advertising Advertising False Advertising 78

43(B)log

AUGUST 17, 2021

Exotic Island Enterprises, Inc., 59 Murray Enterprises, Inc., That the results bunch around 50% recognition for each Plaintiff, regardless of whether her whole face is shown, supports the view that many respondents were guessing. There was no anti-guessing instruction or “not sure” or “no opinion” options. 3d 233 (2d Cir.

Social Media 59

Social Media False Advertising Advertising Advertising 59

43(B)log

APRIL 25, 2022

The Defendants are two companies that inspect structural plywood and, if it conforms to the PS 1-09 standard, stamp the wood as PS 1-09-compliant. Google, Inc., Defendants denied making any statements at all , since in their view it was the Brazilian companies that made and stamped the wood, and who were really speaking.

False Advertising 72

False Advertising Advertising Advertising Licensing 72

Copyright Lately

JANUARY 31, 2023

Here’s a link to Astley’s complaint , which I’m guessing half of you won’t click because you think it’s a rickroll. In a story published in Billboard in September 2022, Primary Wave explained that the creation of “Betty (Get Money)” was part of a strategy the company has been working on for the past few years.

Music 99

Music Copyright Licensing Copyright Infringement 99

Technology & Marketing Law Blog

DECEMBER 11, 2023

by guest blogger Christine Haight Farley Because it is grading season, when I read the Second Circuit’s per curiam decision in Vans, Inc. Studio, Inc. Rather, the quoted language came from an SDNY decision ( Tommy Hilfiger Licensing, Inc. Acuff-Rose Music, Inc., Cliffs Notes, Inc. Group, Inc. , MSCHF Prod.

Blogging 111

Blogging Trademark Branding Brands 111

Technology & Marketing Law Blog

JANUARY 23, 2024

Shemran, Inc. Stated another way, we should not delegate questions of unconscionability to an arbitrator because a company that allegedly did the unconscionable things said so. This creates an incentive for companies who create online agreements to have unconscionable sign-in processes. See Nickson v. 2023) 90 Cal.App.5th

Contracts 78

Contracts Blogging Advertising Advertising 78

Technology & Marketing Law Blog

OCTOBER 9, 2023

She also claims that she didn’t see auto insurance ads for the same reason, because I guess those are substitutes for life insurance ads?). Regardless, insurance companies routinely engage in price discrimination and consider age and gender when setting their prices. Facebook Inc. Cite to Vargas v. 2022 WL 20680402 (Cal.

Law 86

Law Advertising Advertising Marketing 86

Technology & Marketing Law Blog

MAY 18, 2022

” So, I guess the court thinks electronic versions of yearbooks aren’t literary works when they are sold via subscription services, even though the physical copies might be? ZoomInfo Technologies, Inc., Spokeo, Inc., He no longer attacks Classmates’ use of his likeness to sell yearbooks.” ” Martinez v.

Advertising 84

Advertising Advertising Blogging Copying 84

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

Plaintiff hasn’t presented any evidence of it, but the court says that’s OK because I guess the court doesn’t expect to see these allegations in the complaint? As Grumpy Cat would say: Case citation : Reflex Media, Inc. Actual confusion. Marketing channels. Luxy Limited , 2021 WL 4134839 (C.D. July 13, 2021).

Advertising 98

Advertising Advertising Trademark Settlement 98

Technology & Marketing Law Blog

SEPTEMBER 6, 2021

Twitter, Inc. Regardless of whether Plaintiffs’ claims are couched as failure to warn, negligence, or some other tort of omission, any liability would be premised on second-guessing of Facebook’s “decisions relating to the monitoring, screening, and deletion of [third-party] content from its network.”… MySpace, Inc. ,

Blogging 108

Blogging Publishing Social Media Advertising 108

LexBlog IP

FEBRUARY 1, 2023

So, in this post, I guess I am doing both. Numerous amicus briefs were filed in Jack Daniel’s Properties, Inc., VIP Products, Jack Daniel’s, the maker of the popular whiskey brand, filed a lawsuit against VIP Products, a company that sells a dog toy shaped like a whiskey barrel. VIP Products LLC , Docket No.

Trademark 52

Trademark Intellectual Property Branding Brands 52

Technology & Marketing Law Blog

MAY 26, 2022

It could choose to focus on other parts of its company, or-as unlikely as it may seem-go out of business entirely. Numerous opinions–all ignored by the court–have said the First Amendment protects the editorial discretion of search engines, including Search King, Inc. Google Technology, Inc., Google, Inc. ,

Publishing 108

Publishing Marketing Marketing Law 108

The TTABlog

OCTOBER 25, 2022

Guess What? TTAB Affirms Section 2(a) False Association Refusal of TSA-KIT for "Bottles, sold empty" TTAB Affirms 2(a) False Association Refusal of SEAL TEAM PHYSICAL TRAINING, INC. 24: "PURPLE RAIN" for Dietary Supplements Falsely Suggests a Connection with Prince, Says TTAB Precedential No. Precedential No.

Registration 82

Registration Intellectual Property Designs Design 82

Technology & Marketing Law Blog

MAY 14, 2023

You can guess how that went. Thus, contrary to Hart’s argument, Crawford’s deposition testimony from Missouri does not show that the Federal Defendants exerted control over social media companies or that the Federal Defendants and the Social Media Defendants had “a meeting of the minds to violate constitutional rights.”

Social Media 81

Social Media Government Blogging Publishing 81

Technology & Marketing Law Blog

MAY 8, 2022

You can guess how that went. “Facebook and Twitter made contemporaneous statements that they took action because they concluded that Hart had violated company policy,” not because of any government directives. Facebook, Inc. Hart sued them for violating the First Amendment. Joint Action. Government Coercion. .

Social Media 95

Social Media Government Publishing Blogging 95

JIPL Online

MAY 10, 2021

Employers search your name on a search engine and guess what pops up? The fifth option is to have companies set their own standards and policies on the right to be forgotten. 2018) (citing Case C-131/12, Google Spain SL, Google Inc. You ask the websites to remove the images and videos, and they do just that. 1890), [link].

Privacy 98

Privacy Invention Social Media Publishing 98

Technology & Marketing Law Blog

SEPTEMBER 19, 2023

The court says the statutory definition of “social media company” is impermissibly vague, especially its reference to a service’s “primary purpose.” David Boyle, Snapchat’s Senior Director of Products, stated in his Declaration that he was not sure whether his company would be regulated by Act 689.

Social Media 124

Social Media Privacy Law Government 124