Technology & Marketing Law Blog

DECEMBER 13, 2023

If nothing else, litigants know where they stand in these jurisdictions. And to characterize zero-click online terms of use that are imposed by cease-and-desist letter as enforceable contracts is horrible policy and bad law. But normative judgments aside, ProCD v. Zeidenberg is very clear with respect to copyright preemption.

Blogging 81

Blogging Copyright Contracts Cease and Desist 81

IIPRD

JANUARY 23, 2023

The interface of Intellectual Property (IP) incline with Amazon’s approach herein. Patent are valid for the duration of 20 years before coming into public domain) Patent infringement can occur in two ways. This assist if a situation of litigation arises. [9]

Patent Infringement 52

Patent Infringement Patent Cease and Desist IP 52

Copyright Lately

AUGUST 2, 2022

Netflix could have sent Barlow & Bear a cease and desist letter hand-delivered by Regé-Jean Page. Justice Ginsburg upheld the precise “wait and see” approach to copyright litigation adopted by Netflix: It is hardly incumbent on copyright owners. We didn’t ask for permission to use their intellectual property.”.

Music 106

Music Derivative Work Fair Use Cease and Desist 106

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 512(f) plaintiff wins after 3 years of litigation and a bench trial. Amazon is a key player in this litigation, but the court doesn’t address its responsibility at all. A New 512(f) Plaintiff Win! So what did it win?

Registration 113

Registration Fair Use Copyright Designs 113

The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. This applies to companies that have never taken serious steps to protect intellectual property and companies that understand the value of intellectual property and take active steps to secure and protect those assets. .

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Technology & Marketing Law Blog

JUNE 21, 2023

Moreover, the Court clarified that trial courts can dispose of frivolous trademark infringement claims as a matter of law on a motion to dismiss under the Rogers test and the standard likelihood of confusion test: “That is not to say (far from it) that every infringement case involving a source-identifying use requires full-scale litigation.

Trademark 101

Trademark Blogging Trademark Law Fair Use 101