LexBlog IP

MARCH 24, 2022

We previously wrote about a lawsuit filed in the Northern District of California against Instagram regarding the use of Instagram’s embedding tools. The plaintiffs, in that case, are two photojournalists who captured images of the George Floyd protests and the 2016 election and posted them to Instagram. Amazon.com, Inc. ,

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LexBlog IP

AUGUST 4, 2022

Instagram, LLC, could mean the end to the server test, a once widely-followed copyright doctrine established by the 9th Circuit in Perfect 10, Inc. Amazon.com Inc. , Instagram involves a potential class-action claim against Instagram related to its embedding practice. Amazon.com, Inc. Alexis Hunley et al v.

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Technology & Marketing Law Blog

JANUARY 3, 2023

Wallster, Inc. Redbubble, Inc., Buzzfeed, Inc. 31, 2022): When an individual’s decision to disseminate an Instagram post is the “very thing the article [is] reporting on,” the use of the Instagram post and its copyrighted material in the reporting has been deemed sufficiently transformative to support a fair use defense.

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IPilogue

NOVEMBER 3, 2021

On October 4, 2021, it was publicized that Facebook Inc. Federal Trade Commission’s (FTC) antitrust case that aims to force Facebook to sell Instagram and WhatsApp. The FTC initially filed a complaint that Facebook had a monopoly and requested the sale of Instagram and WhatsApp to prevent a monopoly over the social media market.

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LexBlog IP

AUGUST 17, 2023

The Ninth Circuit reaffirmed the test they articulated in Perfect 10, Inc. Amazon.com, Inc., They post their photos on their personal Instagram accounts that are open to the public. After the filed complaint, Instagram filed a motion to dismiss, which the district court granted.

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Copyright Lately

MAY 27, 2021

In a new development in the ongoing legal saga over photo embedding, Instagram has been hit with a class action lawsuit. I finally had a chance to take a closer look at the new copyright class action complaint filed last week against Instagram. The version of the image on the left is embedded from my public Instagram feed.

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IPilogue

AUGUST 26, 2022

If you have ever incorporated music into your Instagram or Facebook videos, you may have committed copyright infringement. On July 20 th , 2022, Meta Platforms Inc. The suit was filed in California Northern District Court by Swedish music label and publishing company, Epidemic Sound. Meta”) was hit with a $142 million lawsuit.

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Technology & Marketing Law Blog

AUGUST 1, 2023

Instagram, LLC , 2023 WL 4554649 (9th Cir. The plaintiffs (Alexis Hunley and Matthew Scott Brauer) are photographers who posted some of their own photos to Instagram. Combining these definitions makes it clear that a public display occurs when an Instagram post is embedded in another webpage. Columbia Artists Management, Inc. ,

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Blogging Copying Social Media Copyright 95

IPilogue

OCTOBER 1, 2022

District Court for the Central District of California against Katherine Von Drachenberg, famously known as Kat Von D (“Kat Von D”), and her companies Kat Von D, Inc. and High Voltage Tattoo, Inc. On May 16, 2017, Kat Von D posted the final image of the tattoo on her personal Instagram account. For example, in Alexander v.

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43(B)log

DECEMBER 7, 2023

COY Collective, Inc., Individual counterclaim defendant McCandless pitched Bartlett on building a personal website for her to “monetize” her following on Instagram and other sites. Bartlett also helped them recruit another popular Instagram model, Passos. McCandless Group, LLC v. LA CV 21-02069-DOC-KES, 2023 WL 8351525 (C.D.

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IP Tech Blog

OCTOBER 28, 2021

Ziff Davis, 18-CV-790 (KMW), that refused to dismiss claims against a media company for embedding an Instagram post into one of its articles online. This ruling and others in federal trial courts in the Second Circuit conflict with the Ninth Circuit’s ruling in Perfect 10, Inc. Amazon.com, Inc.,

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Social Media Copyright Copyright Infringement Copying 120

LexBlog IP

OCTOBER 9, 2023

Readers of this blog may be familiar with basketball star LeBron James’ passion for Taco Tuesday , which emerged publicly in 2019 with a string of Instagram videos of LeBron James passionately promoting Taco Tuesday. Deion Sanders’ company. but that is purely speculation. COACH PRIME, WE COMING, etc.: Maybe Trademarks?

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Kashishipr

MARCH 23, 2022

A trademark refers to a legally registered word or symbol representing a specific product or service of a company. At a later stage, these fraudulent entities attempt to sell the internet domains in question with the Registered Trademarks to the brands or companies to which the names belong, with the intent of making colossal profits.

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Kashishipr

JULY 20, 2022

It was in 1912 when Oreo was first developed and manufactured by the National Biscuit Company, now known as Nabisco. In this scenario, the bigger company usually uses its superior distribution and promotional capabilities, as a result of which the smaller company helplessly sees its business slipping away.

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IPilogue

MAY 2, 2022

Various USA-based companies like McDonald’s, Burger King, Coca Cola and Starbucks also responded by winding down their operations in Russia. As a result, US-based companies can no longer enforce their IP rights in Russia. Following this order, a Russian Court refused to enforce the trademark rights of Hasbro Inc. Going Forward.

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IP Trademark Patent Licensing 106

43(B)log

JANUARY 19, 2022

Security, Inc., Marksman sued defendants, who compete with it to provide private security and concierge services in South Florida, for creating an Instagram account that bore Marksman’s name, as well as purchasing domain names similar to Marksman’s that when accessed sent consumers to defendants’ website instead (e.g.,

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43(B)log

SEPTEMBER 14, 2021

Peloton Interactive, Inc. Icon Health & Fitness, Inc., ICON counterclaimed that Peloton has made false claims in advertisements regarding its status as an innovator and as a tech company, e.g., that it was a “very hardcore technology company. Innovator” and “hardcore technology company” were non-actionable puffery.

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Music False Advertising Advertising Advertising 59

43(B)log

MARCH 14, 2024

Crocs, Inc., The press release announced a judgment of infringement against USA Dawgs and Double Diamond Distribution as a result of both companies’ sales of imitation Crocs shoes. In conjunction therewith, Crocs also obtained $6 million and $55,000 in damages, respectively, against the companies. 2024 WL 1051951No.

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The IPKat

JANUARY 2, 2022

The analysis also referred to a pending case before the CJEU dealing with Community design law ( EUIPO v The KaiKai Company Jaeger Wichmann | C-382/21-P) and other EU trade mark cases from 2021. Daktronics, Inc., Verena von Bomhard (BomhardIP) presented a summary of trade mark cases before the EU Courts in Luxembourg from 2021.

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Blogging IP Non-Fungible Tokens Cease and Desist 126

Patently-O

FEBRUARY 12, 2023

Apparently, the club obtained photos of the models; and then edited them into advertisements for pubilcation on Facebook, Instagram and other online media. 59 Murray Enterprises, Inc. , None of the models have any history with the club. LASplash Cosmetics , No. 12-cv-1417, 2012 WL 6150859, at *7 (S.D.N.Y. 11, 2012) quoted in Electra v.

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LexBlog IP

FEBRUARY 2, 2023

The Federal Trade Commission (FTC) announced on February 1, 2023 that it has settled, for $1.5M, its first enforcement action under its Health Breach Notification Rule against GoodRx Holdings, Inc., a telehealth and prescription drug provider. The proposed Order must be approved by a federal court before it can take effect.

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Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. See “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ” and “ Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. Spartz, Inc.

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LexBlog IP

OCTOBER 28, 2021

Ziff Davis, 18-CV-790 (KMW), that refused to dismiss claims against a media company for embedding an Instagram post into one of its articles online. This ruling and others in federal trial courts in the Second Circuit conflict with the Ninth Circuit’s ruling in Perfect 10, Inc. Amazon.com, Inc.,

Social Media 52

Social Media Copyright Copyright Infringement Copying 52

Technology & Marketing Law Blog

JANUARY 24, 2024

Gutman created a Pinterest account in 2011 and an Instagram account in 2012, shortly after she began working for JLM. Case citation : JLM Couture, Inc. Spartz, Inc. This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer.

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IPilogue

NOVEMBER 30, 2021

Ratajkowski explained the impetus for its creation in her essay “Buying Myself Back”, where she shares that the photo she shared on Instagram had been hanging in the Gagosian as part of Richard Prince’s “New Portraits” art show. Prince had been putting other people’s photos from Instagram on canvas and re-selling them for $90,000.

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TorrentFreak

MARCH 16, 2023

Germany is also the home of ACE member Constantin Film, a film production and distribution company that worked with the coalition to take Streamzz down. and streamz.tw – had their records updated to reveal their new owner: Motion Picture Association, Inc. Please understand.” Some weren’t convinced.

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43(B)log

NOVEMBER 28, 2022

Vital Pharmaceuticals, Inc., He primarily focused on Vital’s and third-party posts on Instagram as evidence of Vital’s marketing strategies and consumers’ purported understanding of those claims. But he failed to describe which Instagram posts he reviewed and why. Monster Energy Co. 2022 WL 17218077, No.

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Barry Sookman

APRIL 19, 2020

Computer and Internet Weekly Updates for 2020-04-11 [link] 2020-04-12 GERMANY TO INTRODUCE CORONAVIRUS 'IMMUNITY CERTIFICATES' FOR RECOVERED PUBLIC [link] 2020-04-12 Evaluating contact tracing privacy questions, [link] 2020-04-12 Reasonable expectation of privacy in securities context Re North America Frac Sand, Inc.,

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Technology & Marketing Law Blog

JULY 14, 2022

NB: there always should be someone at the company who can easily answer just how many times the TOS has been amended and provide definitive copies of each amendment and the date they occurred. If your company doesn’t have that, or it would take lots of labor hours to figure it out, YOU ARE DOING IT WRONG.]. Dropbox, Inc.

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Technology & Marketing Law Blog

JULY 5, 2022

The court says there are many reasons why a pseudonymous accountholder might no-show, and that’s why the service (Twitter in this case) can assert its users’ First Amendment rights: As a platform that permits anonymous posting, Twitter risks losing users if people learn that the company discloses users’ identities to anyone who asks.

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Copyright Lately

JUNE 2, 2022

Kat Von D’s Instagram post. In March, the parties filed cross-motions for summary judgment: Sedlik sought a ruling that his copyright had been infringed as a matter of law, while Von D (along with defendants KVD, Inc. Summary judgment was granted in favor of Kat Von D’s company, KVD, Inc.,

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Copyright Lately

DECEMBER 29, 2021

Walt Disney Company. Sinclair Broadcast Group, Inc. So, forget all the “best of” lists that I’m sure are clogging up your feeds right now. Here are my personal picks for the copyright opinions from 2021 that, much like the year itself, leave a little something to be desired. Sinclair Broadcast Group.

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Technology & Marketing Law Blog

MAY 30, 2023

Its flagship product is Bang , which might have been a sexual allusion but now is an apt description of the company’s fate. The company fired its CEO, Mr. Owoc, and is now in Chapter 11. The bankruptcy trustee is trying to regain control over various Bang-related social media accounts. The court doesn’t endorse this test.

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IP Law 360

OCTOBER 3, 2022

A federal judge in Maryland on Monday told lawyers for Instagram's parent company that they couldn't quite escape a lawsuit from a dealer of "fine adult paraphernalia" going by the username "lickmykakez" who wants to use trademark law to hold Meta Platforms Inc.

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Technology & Marketing Law Blog

JANUARY 25, 2024

Meta Platforms, Inc. 23, 2024) The short version of the facts are as follows: Bright Data, headquartered out of Israel, is one of the largest web-scraping companies in the world. Meta owns Facebook and Instagram. Facebook, Inc., Verio, Inc. Bright Data Ltd. 2024 WL 251406 (N.D. signif[ies] that you. Meta’s Opp.

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Blogging Contracts Cease and Desist Confidentiality 70

Copyright Lately

DECEMBER 28, 2022

The company has brought over 300 cases since 2017, often using copyrighted product images as a technical hook to shut down undesired resellers who advertise its products at below retail prices. .” Apple Inc. , If Instagram or McGucken were to delete the photo or disable the embed feature, the image would no longer appear.

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43(B)log

OCTOBER 11, 2021

Roberto Coin, Inc. 30, 2021) Defendants Goldstein and his company Kings Stone supplied plaintiff RCI with a gemstone they called “black jade.” Instagram ultimately removed the posts. The real black jade jewelry companies are doing great with our line with sales exceeding the best projections. Goldstein, No.

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