Erik K Pelton

NOVEMBER 3, 2020

Television advertising. Potential Costs Resulting from Unprotected Brands: Greater chance of being copied inadvertently since the trademark(s) is/are not listed in the USPTO database. Greater chance of being copied intentionally since the ® cannot be used. More challenges to license or franchise the brand.

Business 130

Business Trademark Cease and Desist Branding 130

The IP Law Blog

OCTOBER 13, 2022

Those arguments were that (1) Take-Two’s use of the tattoos was authorized by an implied license, (2) the fair use doctrine insulates their utilization of the tattoos and (3) the tattoos constitute a de minimis part of the video game. Take Two had good reason to believe in its implied license defense.

Fair Use 98

Fair Use Copyright Licensing Copying 98

Intellectual Property Office Blog

JULY 29, 2021

This year, “the most commercialised show on British television” allegedly netted more than £12 million in revenues before the first episode aired on 28 June. A huge chunk of Molly Mae’s success comes from social media channel Instagram, where she is reported to charge over £10,000 for each sponsored post.

IP 85

IP Branding Brands Branding 85

Velocity of Content

SEPTEMBER 9, 2021

In this post, I’m looking at the vast domain of the YouTube video & social media platform —which, lest we forget, is a major division of Google/Alphabet — and how its copyright aspect manifests in options for individual contributors (“YouTubers,” in the jargon). (An YouTube is no different in that respect.

Copyright 113

Copyright Social Media Licensing Publishing 113

LexBlog IP

OCTOBER 13, 2022

Those arguments were that (1) Take-Two’s use of the tattoos was authorized by an implied license, (2) the fair use doctrine insulates their utilization of the tattoos and (3) the tattoos constitute a de minimis part of the video game. Take Two had good reason to believe in its implied license defense.

Fair Use 52

Fair Use Copyright Licensing Copying 52

Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. What Happened. The first one to go was the de minimis defense, which the court rejected before trial.

Fair Use 80

Fair Use Designs Design Licensing 80

Copyright Lately

MAY 6, 2022

The first thing that’s important to understand is that buying a copy of a creative work, even if it happens to the only copy in existence, doesn’t give you any copyright interest in the work. So, if you buy a copy of “Dune,” you can read it. You Should Probably Read The License. Buying Objects ?

Derivative Work 87

Derivative Work Licensing Artwork Contracts 87

IP Tech Blog

JULY 18, 2023

For example, photo licensing company Getty Images filed suit in the Northern District of California against AI company Stability AI Inc. The Alliance of Motion Picture and Television Producers (AMPTP), which represents the studios, rejected this proposal. Will its intelligence license it to be cruel? To wipe us out?

Business 52

Business Law Social Media Reporting 52

43(B)log

MAY 22, 2023

Appellants, current and former professional models, appealed their summary judgment loss on a variety of claims arising from the use of their images in social media posts promoting a “gentlemen’s club” operated by EIE. Several had appeared in magazines, advertising campaigns, television episodes, and films. 59 Murray Enters.,

Social Media 49

Social Media False Advertising Advertising Advertising 49

43(B)log

DECEMBER 1, 2022

Chesney also performed on the Lounge’s beachfront stage at a 2014 concert broadcast as “Kenny Chesney: Live at the Flora-Bama” on Country Music Television (CMT), a Viacom channel. The agreement granting CMT a license to broadcast that program does not mention Plaintiffs. The spelling difference didn’t help and sometimes didn’t stick.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

43(B)log

OCTOBER 25, 2021

Intent was neutral: Defendants copied the name, but there was a convincing explanation for choosing the name on the merits, unrelated to the plaintiffs’ goodwill. The defendants’ target market—a national television audience—far exceeds the reach of the plaintiffs’ goodwill. That’s like saying that, because Ford Motor Co.

Artistic Work 59

Artistic Work Social Media Television Trademark 59

Copyright Lately

JANUARY 16, 2022

Crabtree claims that Kirkman later licensed “Invincible” television rights to Amazon Studios and denied the existence of a oral agreement to give Crabtree a share of the revenue. A copy of the Crabtree’s new lawsuit follows. Of course, the moral of the story for both employers and creators is clear: get it in writing.

Ownership 65

Ownership Television Copyright Copyright Notice 65

43(B)log

AUGUST 17, 2021

Facts in the light most favorable to the plaintiffs: Each of the plaintiffs has a significant number of followers on various social media platforms, ranging from greater than ten thousand to several million, and most are “considered social media influencers.” Plaintiffs didn’t show sufficient evidence of recognition.

Social Media 59

Social Media False Advertising Advertising Advertising 59

Copyright Lately

AUGUST 2, 2022

Multiple times throughout June and July 2022, Netflix informed Barlow & Bear’s lawyers that their July 26 performance wasn’t authorized and would give rise to claims for willful copyright and trademark infringement unless they negotiated a license—which Netflix was willing to do. Probably not, but it sure beats getting sued.

Music 102

Music Derivative Work Fair Use Cease and Desist 102

LexBlog IP

JULY 18, 2023

For example, photo licensing company Getty Images filed suit in the Northern District of California against AI company Stability AI Inc. The Alliance of Motion Picture and Television Producers (AMPTP), which represents the studios, rejected this proposal. Will its intelligence license it to be cruel? To wipe us out?

Business 52

Business Law Reporting Music 52

JIPL Online

APRIL 9, 2021

Memes utilize pop culture content, such as movies, television shows, and other various forms of media, often in a parodic way. Such uses are often methods of social commentary regarding the user’s own life, or more broadly, current events; they also often utilize copyrightable material. [i] By: Taylor Bussey. INTRODUCTION.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Technology & Marketing Law Blog

DECEMBER 15, 2021

This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. Signal 23 Television v.

Registration 112

Registration Fair Use Copyright Designs 112

SpicyIP

DECEMBER 30, 2023

This will potentially impact the copyright licensing landscape insofar as filmmakers will have to enter into dedicated agreements to claim protection for works not listed within the scope of Section 17. Microsoft Technology Licensing v. the licensee. The judgement was authored by Justice C. Telefonaktiebolaget LM Ericsson (PUBL) v.

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

APRIL 20, 2022

” Another candidate, Sasmita Khara, had “three choices for her image: a bucket, a bottle or a television,” and she “selected the TV because it is an aspirational item. ‘Voters can easily relate to it,’”; she actually carries a flat-screen TV around with her while campaigning.

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52