Technology & Marketing Law Blog

APRIL 1, 2023

TL;DR: a copyright takedown notice that doesn’t meet the elements of 512(c)(3) cannot give rise to a 512(f) clam. Specifically, the putative copyright owners didn’t send a proper 512(c)(3) takedown notice because: it lacked specific identification of the copyrighted works. And without a DMCA notice, § 512(f) does not apply.”

Fair Use 102

Fair Use Cease and Desist Contracts Ownership 102

SpicyIP

JANUARY 1, 2024

As we bid adieu to 2023, let’s take account of the interesting developments that we came across last week. Highlights of the Week A Look Back at India’s Top IP Developments of 2023 Continuing with our annual tradition, we curated a list of the top IP developments in India. Other Posts Microsoft Technology Licensing LLC V. Srinivas Rao & Anr.

Intellectual Property 105

Intellectual Property IP Licensing Copyright 105

TorrentFreak

JULY 13, 2022

For example, they don’t want Bright House to argue that terminating someone’s Internet access is a human rights violation. Those piracy-related terminations would violate human rights, the rapporteur argued. Internet terminations are not the only topic of concern. Spying, Price Fixing, and Exploitation.

Music 141

Music Contracts Copyright Infringement Copying 141

TorrentFreak

MAY 15, 2023

For musician Maria Schneider, whose class action lawsuit against YouTube will head to a jury trial next month, the status quo and its alleged facilitator have been a constant topic of discussion for well over a decade. What Do Whore Houses, Meth Labs, and YouTube Have in Common? .” I apologize. In a submission to the U.S.

Copyright 130

Copyright Intellectual Property Business Licensing 130

TorrentFreak

SEPTEMBER 11, 2021

Two years ago we reported on a wave of bogus DMCA notices that targeted various adult sites. The theory was that these bogus notices were sent by rivals or competitors to these platforms in an effort to damage their presence on the web. Traffic to Rule34’s Homepage Nosedives. By using the query ‘site:rule34.xxx

Reporting 132

Reporting Copyright 132

LexBlog IP

APRIL 13, 2023

The letters themselves are called Notice of Penalty Offense (Notice) letters, and since it has been awhile since we discussed the topic, we will provide a brief recap of the legal authority that the agency is invoking. Misrepresenting the level of substantiation that exists for a product.

Advertising 52

Advertising Advertising Litigation Marketing 52

Corsearch

FEBRUARY 15, 2024

Identify the type of infringement X/ Twitter prohibits users from violating others’ intellectual property rights, and has policies in place against counterfeit infringement , trademark infringement , copyright infringement and impersonation. This has led to social channels being widely targeted and causing a huge counterfeiter problem.

Branding 59

Branding Brands Branding Social Media 59

TorrentFreak

OCTOBER 25, 2022

The labels argue that Grande failed to take any meaningful action in response to the notices, while the ISP counters that the notices are unreliable and inaccurate. The labels argue that Grande failed to take any meaningful action in response to the notices, while the ISP counters that the notices are unreliable and inaccurate.

Music 124

Music Copying Business Blogging 124

LexBlog IP

DECEMBER 1, 2022

Patient Rights: New patient rights to obtain an accounting of disclosures and to request restrictions on certain disclosures of Part 2 records, and related updates to the HIPAA Privacy Rule Notice of Privacy Practices requirements concerning patient rights and uses and disclosures of Part 2 records.

Privacy 52

Privacy Confidentiality Blogging Law 52

LexBlog IP

NOVEMBER 30, 2023

CIDs are legal requests for information or documents that the FTC uses to investigate potential consumer protection or antitrust law violations. The FTC has previously issued guidance and reports on these topics and brought enforcement actions against companies that misused or misrepresented their AI capabilities.

Privacy 40

Privacy Business Technology Reporting 40

LexBlog IP

JULY 8, 2022

All three cases settled, with the companies agreeing to the usual things, such as not violating the act again, but also agreeing to disclose in future warranties that using third-party parts will not void the warranty. In addition, the orders require broad notice to purchasers as well as website notices.

Reporting 52

Reporting Designs Design Branding 52

Velocity of Content

SEPTEMBER 9, 2021

This is the sixth (and, for now, final) post in this series, where we’ve looked at the copyright requirements and options for digital content creators, such as blogs and podcasts. Definitionally, while YouTube is many things, it is not wrong to understand it as a social online video platform (one such among many).

Copyright 113

Copyright Social Media Licensing Publishing 113

SpicyIP

JUNE 17, 2022

Smaller / niche cosmetic brands have noticeably increased even in the Indian social media space. Another topic of concern that this news story gives us time to ponder over, is the treatment of trademarks in the Indian insolvency process. As reported , Revlon, the iconic cosmetics brand, has filed for bankruptcy.

Trademark 126

Trademark Social Media Branding Brands 126

TorrentFreak

MAY 30, 2022

Among other things, the submission cites 2018 data from Google, which reported that takedown notices removed more than 14,000 items from the Play Store in that year. This should include “enhanced vetting” of developers, “screening” apps for infringements, and an effective notice and takedown system.

Copyright 134

Copyright Privacy Licensing Reporting 134

TorrentFreak

JANUARY 2, 2024

On December 1, 2023, an interesting piece of news began to gain traction in South Korea and beyond. ” Big (Conflicting) Claims This claim piqued our interest. ” Big (Conflicting) Claims This claim piqued our interest. Half a decade of tracking is significant and tends to suggest an important target. With Assistance from U.S.

Advertising 85

Advertising Advertising Reporting Publishing 85

LexBlog IP

APRIL 11, 2022

The title of this series is an homage to the great Lesley Fair, who launched and authors many of the best of the FTC’s business blogs and who coined this term in her blog reviewing 2013 cases on the same topic. detailing previous administrative cases involving violations of the Textile Act. One group paid $1.26

Settlement 52

Settlement Blogging Branding Brands 52

Velocity of Content

DECEMBER 6, 2023

This post originally appeared in the Scholarly Kitchen on 11/28/23 Monday, October 30 was the final date for interested parties to submit comments to a comprehensive “ Notice of inquiry and request for comments ” issued by the United States Copyright Office entitled “Artificial Intelligence and Copyright.”

Copyright 98

Copyright Fair Use Licensing Copying 98

TorrentFreak

NOVEMBER 27, 2022

Ben Askren fight on his YourEXTRA YouTube channel in April 2021, Triller filed a DMCA notice and YouTube removed the content. For a channel that specialized in “drama related” topics, the next year of events could’ve taken it to the next level. YouTube is one of the most successful sites ever to grace the internet.

Copyright Infringement 123

Copyright Infringement Copyright Settlement Reporting 123

LexBlog IP

MAY 2, 2023

And the Federal Trade Commission (FTC) has been blogging fast and furiously – one could say obsessively – about the hot topic of generative artificial intelligence (AI). The change has been dramatic and quick , and it has not escaped the notice of regulators. But blogs can get out the door far more quickly.

Blogging 52

Blogging Privacy Marketing Marketing 52

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

If FirstMet violated Hepp’s publicity rights, they should be accountable for it. This creates the foundation for a possible Supreme Court review of this issue. About the Case. Hepp is a television newscaster. At issue is a photo taken in public without Hepp’s consent that got cycled into various memes and unwanted commentary.

Intellectual Property 132

Intellectual Property Trademark Marketing Marketing 132

LexBlog IP

APRIL 13, 2023

The court found this policy to be in violation of Google’s duty to preserve electronically-stored information under the Federal Rule of Civil Procedure 37(e). The court found this policy to be in violation of Google’s duty to preserve electronically-stored information under the Federal Rule of Civil Procedure 37(e).

Litigation 52

Litigation Privacy Technology Intellectual Property 52

SpicyIP

MARCH 4, 2024

Here is another round of SpicyIP flashbacks by Lokesh, where he looks into a variety of topics ranging from IP and Gaming to Biodiversity and Benefit Sharing! Here is our recap of last week’s top IP developments. This and a lot more in this SpicyIP Weekly Review. Anything we are missing out on? Please let us know in the comments below.

Invention 59

Invention Trademark IP Patent 59

Copyright Lately

MAY 13, 2022

So, if anyone out there is looking to do a follow-up article that doesn’t consist solely of a regurgitated Josh Hawley press release , here are five topics for your consideration: 1. To be clear, this bill is nothing more than performative theater which is not going and never was intended to go anywhere beyond a few fundraising emails.

Reporting 121

Reporting Copyright Public Domain Marketing 121

Technology & Marketing Law Blog

JUNE 21, 2022

[Note: this is the first of what may become a 3 or 4 part series about anti-Internet bills moving through the California legislature.]. This post analyzes California AB 587, self-described as “Content Moderation Requirements for Internet Terms of Service.” ” I believe the bill will get a legislative hearing later this month.

Social Media 120

Social Media Law Publishing Reporting 120

LexBlog IP

NOVEMBER 15, 2021

A Manhattan federal judge ruled in August 2021 that the practice of embedding social media posts on third-party websites, without permission from the content owner, could violate the owner’s copyright. A recent decision on this very topic, however, reveals a different perspective on embedding practices and the “server test.”

Social Media 52

Social Media Copyright Infringement Copyright Copying 52

IP and Legal Filings

DECEMBER 9, 2022

Introduction. In the fall of 2021, two new data privacy and security rules in China went into effect. These laws are anticipated to have an influence on many global corporations operating in China or whose operations touch China. These laws have also been accompanied by a number of implementation regulations and administrative rules.

Privacy 80

Privacy Law Business Branding 80

SpicyIP

JANUARY 2, 2022

This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). Top 10 Judgments/Orders [Topicality/Impact]. Image from here. H Lundbeck A/S v.

IP 143

IP Intellectual Property Copyright Trademark 143

IP and Legal Filings

APRIL 8, 2024

Abstract article 370 which provides special status to the state of Jammu and Kashmir has been a topic od debate for a long time. Introduction Article 370 was an issue of great importance, especially because it was repealed in 2019.as as a result numerous changes were taking place in the region.

Government 52

Government Art Law IP 52

SpicyIP

DECEMBER 30, 2023

As in previous years, we have divided these developments into five categories: a) Top 10 IP Judgements/Orders (Topicality/Impact) b) Top 10 IP Judgements/Orders (Jurisprudence/Legal Lucidity) c) Top 10 IP Legislative and Policy Related Developments d) Other IP Developments; and e) Other Notable Developments. A special thanks to Mr. G.

IP 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

JULY 5, 2021

9, 2021): “At the motion to dismiss stage, Kidmoto has plausibly alleged more than just the purchase of a competitor’s mark as a search engine keyword standing alone. ” * RVC Floor Decor, Ltd. Floor and Decor Outlets of America, Inc., 2021 WL 1163117 (E.D.N.Y. The Google AdWords purchase too may not alone evidence bad faith.

IP 85

IP Social Media Fair Use Branding 85

Technology & Marketing Law Blog

MAY 2, 2022

In its original Nosal ruling, the Ninth Circuit held that violation of a contractual limitation could not transform access into access that was “without authorization”. LinkedIn lawsuit started in 2017. In 2019, the Ninth Circuit upheld the district court’s injunction ruling in favor of hiQ.

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

LexBlog IP

MARCH 2, 2022

Chopra, at the end of 2021, also encouraged direct enforcement by state AGs of the federal Consumer Financial Protection Act (CFPA), which would permit state AGs to collect civil penalties from $5,000 to $1 million per day for certain violations. IoT (Internet of Things) concept. Prediction No. In 2022, 30 states and one U.S. Prediction No.

Privacy 52

Privacy Marketing Marketing Advertising 52

Technology & Marketing Law Blog

APRIL 30, 2022

Nevertheless, Twitter eventually suspended his account in August 2021 for violating its five-strike COVID misinformation policy. Nevertheless, Twitter eventually suspended his account in August 2021 for violating its five-strike COVID misinformation policy. Berenson sued Twitter. Section 230. ” Lanham Act.

Social Media 106

Social Media Contracts Government Publishing 106

LexBlog IP

DECEMBER 22, 2021

” Several states have since taken up the “Call to Action” and passed laws regulating non-competes and other restrictive covenants, imposing various rules like minimum salary requirements, advance notice requirements, and temporal or geographic scope restrictions. How We Got Here. Takeaways from the Workshop.

Marketing 52

Marketing Marketing Contracts Government 52

LexBlog IP

SEPTEMBER 16, 2022

Back to the meeting – and we will start with the dark patterns discussion because we keep hearing about this topic. After a surprise three-month hiatus, we are back in business with our Federal Trade Commission (FTC or Commission) public and totally unscripted meetings. A few points of the presentation jumped out at us.

Designs 52

Designs Design Reporting Business 52

LexBlog IP

JULY 28, 2022

On 3 March 2022, the EPO published a notice to remind users of certain rules that may help Ukrainian companies based in areas directly or indirectly affected by military activities. The Russian military offensive launched in Ukraine on 24 February prompted a number of European measures in many fields, including intellectual property.

Intellectual Property 52

Intellectual Property Government Designs Design 52