LexBlog IP

OCTOBER 2, 2023

” Following two lengthy prison sentences, Nealy reportedly learned of the alleged infringement in January 2016 and filed suit in the Southern District of Florida in December 2018—more than ten years after the alleged infringement began and almost three years after learning about it. Metro-Goldwyn-Mayer, Inc. , 663 (2014).

Music 52

Music Television Copyright Licensing 52

TorrentFreak

JANUARY 15, 2024

The Brit was on holiday in Florida and didn’t return to the UK for another three months. The Brit was on holiday in Florida and didn’t return to the UK for another three months. As a result, the government is under pressure to act against what some believe is an emerging two-tier justice system.

Copyright 84

Copyright Branding Brands Branding 84

43(B)log

DECEMBER 1, 2022

29, 2022) MGFB runs the Flora-Bama Lounge, Package and Oyster Bar on the Florida-Alabama border. MGFB has a federal registration for FLORA-BAMA for “bar and restaurant services” and several entertainment services, including “social entertainment events,” live musical performances, and “competitions for fish throwing.”

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

LexBlog IP

AUGUST 23, 2023

In the cases at issue, the Seminole Tribe of Florida (“Seminole Tribe”) sought trademark registration for a guitar-shaped building for hotel and casino services. Patent and Trademark Office Trademark Trial and Appeal Board (“TTAB”) in a pair of precedential decisions published this summer. See Figure 1. See Figure 2.

Designs 52

Designs Design Advertising Advertising 52

Copyright Lately

MARCH 6, 2022

Just days after Dua Lipa was sued by a Florida reggae band, “Levitating” is the target of a second copyright infringement lawsuit, this time over the songs “Wiggle and Giggle All Night” and “Don Diablo.” ” Any moderately successful songwriter can be sued for copyright infringement. Dua Lipa et al.

Copyright Infringement 84

Copyright Infringement Copyright Music Social Media 84

The TTABlog

SEPTEMBER 1, 2022

September 15, 2022 - 3:30 PM (ABA IPL Sections 10th Annual Trademark Day Event): In re Seminole Tribe of Florida , Serial No. September 15, 2022 - 3:30 PM (ABA IPL Sections 10th Annual Trademark Day Event): In re Seminole Tribe of Florida , Serial No. La Brisa Ince Cream Company , Opposition No. Denco Horeca Beheer B.V.

Registration 57

Registration Trademark Branding Brands 57

43(B)log

OCTOBER 25, 2021

The defendants believed the name Floribama Shore was superior on its own merit to such alternatives as “Florida Shore” or “Gulf Shore.” ViacomCBS INC., 2021 WL 4843905, NO. 5:19cv257-RH-MJF (N.D. 22, 2021) The Flora-Bama lounge and entertainment complext is “regionally famous,” and MTV created a national TV series, MTV Floribama Shore.

Artistic Work 59

Artistic Work Social Media Television Trademark 59

43(B)log

JULY 3, 2023

Zuluaga claimed first use of Zenú in 2011; the predecessor company applied to register the mark in 2013, with specimens using actual images of Industria’s products (though Zuluaga claimed lack of knowledge either of Industria or the specimens filed on its behalf by a filing service). T]he one showed in the application is not mine.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

JIPL Online

APRIL 7, 2021

While this year’s Super Bowl held in Tampa, Florida looked quite different in many aspects from previous Super Bowls due to the COVID-19 pandemic, some things remained the same: Tom Brady hoisting a Lombardi trophy and counterfeit sports merchandise flooding the largest sporting event of the year. [i]

Marketing 98

Marketing Marketing Licensing Trademark Law 98

43(B)log

FEBRUARY 6, 2023

1, 2023) The FTC, joined by California, Colorado, Florida, Illinois, Massachusetts, and New York, sued Roomster, an internet-based room and roommate finder platform, and related individuals. Roomster Corp., 3d -, 2023 WL 1438718, No. 7389 (CM) (S.D.N.Y. Here, the court refused to dismiss the complaint or to grant a protective order.

False Advertising 72

False Advertising Confidentiality Advertising Advertising 72

TorrentFreak

JULY 13, 2022

Three years ago, several of the world’s largest music companies including Warner Bros and Sony Music sued Internet Provider Bright House Networks. Specifically, the ISP and music companies want to limit what evidence and arguments the other side can present to the jury. These efforts failed and the case is now moving forward.

Music 139

Music Contracts Copyright Infringement Copying 139

The TTABlog

JANUARY 5, 2024

In re Seminole Tribe of Florida , 2023 U.S.P.Q.2d The Board reversed a refusal to register “trade dress consisting of a three-dimensional building in the shape of a guitar” (shown below) for “casinos” and “hotel, restaurant and bar services.” This is the first of two (2) posts; the first five (5) selections are set out below.

Registration 78

Registration Designs Design Ownership 78

Technology & Marketing Law Blog

MAY 23, 2022

A quick recap: last summer, Texas passed HB20, a #MAGA messaging bill that poses existential threats to the Internet as we know it. NetChoice and CCIA led a lawsuit seeking to enjoin most of it. In December, the federal district court granted the requested injunction based on the First Amendment. Texas appealed to the Fifth Circuit.

Social Media 130

Social Media Law Publishing Blogging 130

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

But the court keeps talking: “because of the Internet’s—and Apple’s Appstore, in particular—ubiquity with everyday life, users are more likely to believe that all companies are available in the Appstore. But trademark plaintiffs and judges are still partying like it’s 1999. The defendant is a competitor, Luxy.

Advertising 98

Advertising Advertising Trademark Settlement 98

43(B)log

OCTOBER 19, 2023

6, 2023) EMAX is a cryptocurrency project centered around the EthereumMax, which can be traded, spent, or otherwise transacted between token holders. EMAX Tokens were sold on decentralized exchanges, which require users to pay potentially significant “gas fees” in order to process the transaction on the Ethereum blockchain.

Due Diligence 64

Due Diligence False Advertising Social Media Advertising 64

LexBlog IP

JULY 11, 2022

4, June/July 2022, by the American Bar Association. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder. Published in Landslide , Vol.

Marketing 52

Marketing Marketing Law All Rights Reserved 52

The IP Law Blog

JULY 11, 2022

4, June/July 2022, by the American Bar Association. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder. Published in Landslide , Vol.

Law 52

Law Marketing Marketing All Rights Reserved 52

Technology & Marketing Law Blog

SEPTEMBER 6, 2021

The court summarizes the allegations: Plaintiffs John Doe #1 and John Doe #2 allege that when they were thirteen years old they were solicited and recruited for sex trafficking and manipulated into providing to a third-party sex trafficker pornographic videos (“the Videos”) of themselves through the social media platform Snapchat.

Blogging 108

Blogging Publishing Social Media Advertising 108

43(B)log

JULY 20, 2023

Ford Motor Company, Inc., On appeal, twelve separate claims remain, arising under the laws of seven states: California, Florida, Missouri, New York, Tennessee, Texas, and Washington.” 2016) (Florida) (holding that plaintiffs “need not show actual reliance on the representation or omission at issue,” even when causation is an element).

Advertising 52

Advertising Advertising Law False Advertising 52

Technology & Marketing Law Blog

JANUARY 18, 2022

The number #1 question I get whenever I discuss FOSTA with folks who aren’t familiar with it: did Congress know what it was doing? Well, the answer is complicated. Many things have gone wrong with FOSTA, and those outcomes were predictable and, indeed, predicted for Congress during FOSTA’s development. THE MINDGEEK LITIGATION.

Blogging 119

Blogging Reporting Publishing Law 119

43(B)log

NOVEMBER 8, 2023

Historically, conservatives opposed the commercial speech doctrine, which held out the prospect of greater regulation of commercial speech than of noncommercial speech. Then I’ll talk about the 9 th Circuit case Enigma Software v. Trademark: In Jack Daniel’s v.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

Technology & Marketing Law Blog

JULY 28, 2021

Buckley sued Moore for defamation, tortious interference, and violations of Florida’s unfair competition law. Florida law requires plaintiffs to make a pre-suit demand before suing “a newspaper, periodical, or other medium” for defamation. In Florida, the “media” can include blogs. Defamation.

Blogging 120

Blogging Social Media Law Government 120

Technology & Marketing Law Blog

MARCH 28, 2022

As you recall, in December, a federal district court enjoined most of HB 20 , Texas’ so-called “social media censorship” law. As expected, Texas appealed the ruling to the Fifth Circuit. This blog post recaps the Texas brief and the 11 supporting amicus briefs. A case library is at the end. Texas’ Appellant Brief.

Social Media 104

Social Media Publishing Law Blogging 104

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Two weeks ago, former President Donald Trump filed a lawsuit against journalist Bob Woodward and his publisher, Simon & Schuster (and its parent company Paramount Global, formerly known as Viacom-CBS), in U.S. District Court for the Northern District of Florida. Third, is Trump’s claim of ownership barred by 17 U.S.C.

Copyright 118

Copyright Blogging Publishing Fair Use 118