Copyright Lawsuits Over Product Shots Are Stupid–eTrailer v. Automatic Equipment

…photos and was denied, but took them anyway. Note: it’s relatively unusual for a retailer to sue a manufacturer for infringing product shots. More typically, a manufacturer creates product shots,…

Ruling in Emoji Beach Ball IP Case Left Me Confused 😕–Kangaroo v. Amazon

…the exact works at issue. The opinion focuses on the product shots. Amazon requires third parties to upload product shots, but the court nevertheless apparently treats this as a direct…

Fair Use Protects Sending Expert Witness’ Resume to Opposing Counsel–Devil’s Advocate v. Zurich Insurance

…(same); Hoge v. Schmalfeldt (republication of blog comments); Caner v. Autry (posting video to critique speaker’s remarks); Leveyfilms v. Fox Sports (product shot). It would be great if someone did…

Anti-Scraping Lawsuits Are Going Crazy in the Real Estate Industry (Catch-Up Post)

…disturbing trend: 1) As discussed in this post, MLSs, as database aggregators, taking copyright ownership interests in broker-supplied photos/”product shots” to suppress competition from other aggregators 2) Righthaven taking ownership…

Amazon Not Liable for Affiliates’ Allegedly Bad Acts–Routt v. Amazon

…“associates” in Amazon’s vernacular) displayed her copyrighted photos (product shots) of her products on their websites and then bait-and-switched potentially interested buyers to alternative offerings. Instead of suing the affiliates,…

Catching Up on 4 Months of Online Copyright Cases–Myxer, Hotfile, Megaupload, Flava Works, Zediva, Blue Nile, Perfect 10, Rojadirecta

…outsourced online jewelry website operator for offline jewelry retailers. Blue Nile (remember them?) claims IDS republished its copyrighted product shots. Chasin defended that he personally didn’t do it, so he…

April-May 2011 Quick Links, Part 2 (Copyright Edition)

…v. Hallmark Pump Co., 2011 WL 1527951 (S.D. Tex.). A company copied-and-pasted its competitor’s product shots as depictions of its own products, which you can’t do. Rebecca is on the…

Inflatable Giant Gorilla Attacks Google (for Copyright Infringement)–Scherba v. Google

…dress protection. * can Google take advantage of 17 USC 113(c)? Among other things, 113(c) allows retailers and distributors to take product shots of the goods they are selling and…

Keyword Ad and Product Shots Case Survives Motion to Dismiss–FragranceNet v. FragranceX

…court directed the defendant to answer the complaint. Copyright in Product Shots FragranceNet claims that FragranceX copied 900+ product shots from FragranceNet’s website and republished them verbatim on the FragranceX…

Online Resale of Expired Cosmetics May Be Trademark Infringement–Mary Kay v. Weber

…in 2005, ordering them to change their e-commerce site’s name (so that it didn’t reference Mary Kay) and remove any copyrighted product shots. The parties dispute this conversation; the defendants…