Cease and Desist Fair Use Intellectual Property Litigation 
IP Tech Blog
NOVEMBER 29, 2023
The twists and turns of the case have some fun details, including Plaintiff demanding $10 million from Netflix in a pre-filing cease and desist letter (Netflix declined to pay), but we will focus on the legal issues. Netflix moved to dismiss the complaint on, among other grounds, fair use. Lynn Goldsmith, et al. ,
Plagiarism Today
OCTOBER 26, 2021
Intellectual Property Trouble from Costumes. Homemade costumes rarely run into any issues (no matter how elaborate) as both rightsholders and the law are focused on business uses. However, commercial use of costumes still raises legal questions. This isn’t to say there’s been no litigation in this area.
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Technology & Marketing Law Blog
AUGUST 18, 2022
The appellate panel doesn’t need to decide that question; instead, it murkily says “Nor was it manifestly unjust to use a willful blindness standard because we have adopted that doctrine to show knowledge in other intellectual property cases.” Weiner. * Fair Use – It’s the Law (for what it’s worth)–Lenz v.
IP and Legal Filings
MARCH 5, 2024
They are among the most valuable intellectual property rights (IPRs) in the digital age since they tend to be the main assets of technological companies and are exchanged on e-commerce platforms. Using trademarks in domain names, linking, framing, meta-tagging, and framing are a few methods that could lead to trademark challenges.
Copyright Lately
AUGUST 2, 2022
Netflix could have sent Barlow & Bear a cease and desist letter hand-delivered by Regé-Jean Page. While Barlow & Bear may now try to argue that their work constitutes fair use, it’s a weak defense in this case. Just as remarkable as Barlow & Bear’s success was Netflix’s response.
Technology & Marketing Law Blog
DECEMBER 15, 2021
To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. The court also credits the self-serving claim by the successor licensee that it considered fair use by comparing the works and evaluating if the works were being sold commercially or for other purposes. A New 512(f) Plaintiff Win!
Technology & Marketing Law Blog
DECEMBER 13, 2023
And many of the sites where the data is collected also have prohibitions on automated data collection and web scraping in their terms of use. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. But fair use isn’t a defense to a breach of contract claim.
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