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Social Media Law

BananaIP Counsels > Social Media Law (Page 4)

Social Media and IP (Part VII): Trade Mark Cases

PINTEREST, v. PINTRIPS Pinterest, a social media platform, which allows users to upload content and share it through what it calls as 'pins,' filed a suit against Pintrips, a company that allows users to compare travel plans and flight prices. In its suit, Pinterest claimed that it owns trade mark rights with respect to the mark, PIN, and that its use by Pintrips amounts to trade mark infringement and dilution. The case was filed in 2013 in a California Court. After analyzing the facts, the Court held that Pintrips was not liable for infringement of any rights Pinterest may have in the...

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Social Media and Intellectual Property (Part VI): Select Copyright Cases

This post briefs three copyright cases that provide insights into copyright issues with respect to content posted on Social Media platforms. Scrabble v. Scrabulous In 2008, two Indians Rajat and Jayant Agarwalla, launched a Facebook App called 'Scrabulous.' It was a word game similar to Scrabble. Initially Mattel, and later Hasbrow, right holders of the Scrabble game sued the Agarwalla brothers for both copyright and trade mark infringement at the Delhi High Court. After reviewing the facts, the Delhi High Court held that there can be no copyright in the word game Scrabble, and that Agarwalla brothers are not liable for copyright infringement....

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Social Media and Intellectual Property (IP): Part V – Publicity Rights and Celebrity Rights

Social Media can make or break a personality. Most public figures from film stars like Amitabh Bachchan, Will Smith, Aishwarya Rai, etc., to political leaders like Narendra Modi, Barack Obama, etc., are very active on Social Media. While on one hand, Social Media enables celebrities gain popularity, on the other hand, a celebrity's activities on Social Media platforms makes it possible for extensive misuse and abuse of a celebrity's persona. Over the years, several instances of passing off, false endorsement, misappropriation and publicity rights violations on Social Media have been reported. Publicity Rights in India Unlike states like California in USA, India...

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Social Media and Intellectual Property (IP): Part IV – Taking Down Infringing Content

Taking down IP infringing content on Social Media platforms is today a well-established process. All Social Media platforms have DMCA take down mechanisms in place. In line with the law, they have specific email ids and forms to enable IP owners raise disputes and take down content. Terms and Conditions of Facebook, YouTube and Twitter have separate provisions dedicated to IP infringement and take down. Facebook "5. Protecting Other People's Rights We respect other people's rights, and expect you to do the same. You will not post content or take any action on Facebook that infringes or violates someone else's rights or otherwise violates...

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Social Media and Intellectual Property (IP): Part III – Aggregation of Content

Tons of content is added to Social Media on a daily basis. It is estimated that more than 30 billion pieces of content are shared on Facebook each month; more than three hundred hours of video is uploaded to YouTube every minute; and more than six thousand tweets are added to Twitter every second. This can at the least be described as explosion of content creation and distribution. From the storm of content arises the need for aggregating, indexing and searching services. Aggregation of Content Aggregation of content is in general permitted if the aggregation and indexing is done for purposes of...

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Social Media and Intellectual Property (IP): Part II – Distribution and Dissemination of Content

Every post, comment, or tweet made on Social Media has the opportunity of reaching millions of users. In 2015, Facebook was estimated to have around 1.5 billion users; Twitter, around 316 Million active users; and YouTube, more than one billion users. Theoretically, content on these platforms can reach millions of users. However, only a very small percentage of posts actually go viral on Social Media. One article estimates that rate of virality is 1.92 percent on Facebook. Intellectual Property and Distribution Today is Diwali, and one of my friends informed me that she just picked a Diwali Greeting image and posted it...

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