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Infographic: The Use of Images From The Web on Your Site, Newspaper or Broadcast

We created this infographic for some of our media clients to give them a one-page cheat sheet on the analysis they need to do when trying to decide whether they can use an image from the internet in a pinch.
The infographic includes all the caveats because rarely can a legal issue be discerned down to … Continue Reading

Thankful I didn’t copy images, parody the Beastie Boys, use overbearing TOS or have to stand behind TheDirty

With the short Thanksgiving week, I thought we would touch on a few interesting stories developing over the last couple of weeks.
Photographer gets $1 million+ verdict from AFP and Getty for copied Twitpics
In my three part series on using images from the web for your news stories, we talked about the Morel v. Agence France-Press case. … Continue Reading

Quick Links – August 2013

Rocky Mountain National Park
Because of an extended working vacation away from Houston’s heat in Colorado, I’ve been away from the blog.  Like my kids gearing up to go back to school, I’m getting back to the normal work mode back in the office while recovering from a separated shoulder from a mountain biking incident (riding … Continue Reading

Tread Carefully When Using Competitor’s Trademarked Name With Online Advertising

The Tenth Circuit issued a decision yesterday in the 1-800 Contacts v. Lens.com case we discussed several years ago when originally filed.   For those of you who simply want the result, the Court of Appeals ruled:
1.  There was no evidence of likelihood of confusion – an essential element to a trademark claim.
2.  The court also … Continue Reading

Viacom v. YouTube Update: What does it mean for me?

The district court in New York dismissed Viacom’s lawsuit against YouTube yesterday.  Yes, this case has been on appeal and remanded several times.  You should read the details on Professor Goldman’s Technology and Marketing Law Blog here.  Viacom may appeal the  Second Circuit Court of Appeals once again, so it may not be over.
To summarize … Continue Reading

REGISTER NOW! The Social Media Brews and Views CLE

CLICK HERE TO REGISTER
Social Media is becoming pervasive in today’s society. This CLE looks at how it intersects with legal issues crossing a broad spectrum of specialty areas to give all practitioners the information they need to be aware of the special risks and issues social media presents. Our speakers will look at how it … Continue Reading

Trends for 2013 in internet and marketing law

After looking at the most popular posts from 2012 in our last edition, today we look at what are likely going to be the big trends for 2013 in internet and marketing law.  
Privacy and COPPA – Although this issue is not likely to dominate the general business population, privacy and COPPA will continue to dominate the media’s … Continue Reading

Texas Sues Google for Documents in Anti-Trust Probe

The Texas Attorney General has been investigating whether Google places its own products over competitors in violation of anti-trust rules.  The Texas AG had not filed suit yet and technically still has not filed an anti-trust suit.  Instead, we learned this week that the Texas Attorney General sued to force Google to turn over documents … Continue Reading

The Cost of Fake Online Reviews Goes Beyond Morality

Hopefully, you’ve decided to read on because you believe you may be victim to a fake competitor review and you are not looking for advice on how to get away with it.  If you are looking for advice on how to get away with it, you’ll have to look somewhere else.  If you are looking … Continue Reading

Are Google AdWord Trademark Claims Back? Rosetta Stone Case May Open the Door

 We haven’t discussed Google AdWord trademark cases much here lately.  For the most part, the courts had determined that using a trademark term to trigger an ad was a use in commerce.  Google has generally prevailed, however, because the trademark owners have had trouble proving consumer confusion.
The Fourth Circuit Court of Appeals may have provided trademark … Continue Reading