The IPKat

AUGUST 8, 2021

Thirdly, the General Court did not consider that the cease-and -desist letter was a relevant factor in the assessment of bad faith, since such a request fell within the scope of the rights attaching to the registration of a mark. Consequently, the intervener should have refrained from applying to register the contested mark.

Cease and Desist 128

Cease and Desist Registration Business Marketing 128

TorrentFreak

MARCH 8, 2022

The RIAA had already sent cease-and-desist orders to the hosting company in 2020, before it approached GitHub. Their complaint, which cites an earlier case from 2017 , alleges that youtube-dl aids copyright infringement by circumventing YouTube’s technical protection measures.

Cease and Desist 132

Cease and Desist Music Copyright Copyright Infringement 132

TorrentFreak

AUGUST 12, 2023

. “While the commercially viable recordings will have been restored or remastered onto LP’s or CD, there is still research value in the artifacts and usage evidence in the often rare 78rpm discs and recordings,” IA wrote following the launch of the project in 2017.

Copyright 98

Copyright Cease and Desist Music Copying 98

Technology & Marketing Law Blog

AUGUST 25, 2022

” In May 2017, LinkedIn sent hiQ a C&D and blocked its IP addresses. In August 2017, the district court: found that hiQ showed a likelihood of irreparable harm, crediting hiQ’s assertion that the survival of its business was threatened absent a preliminary injunction. hiQ sought relief from the courts.

Cease and Desist 82

Cease and Desist Business Litigation Law 82

TorrentFreak

DECEMBER 20, 2021

They previously sued YouTube-MP3, the world’s largest ripping site at the time, which resulted in the site shutting down in 2017. Plaintiffs also sent infringement notices and cease-and-desist letters to Defendant, yet he has continued to infringe their copyrights,” Judge Buchanan writes. FLVTO.biz and 2conv.com Lawsuit.

Cease and Desist 135

Cease and Desist Copyright Infringement Music Copyright 135

TorrentFreak

DECEMBER 15, 2023

The same service was also promoted on Dauditl.com Warnings Ignored In August 2017, a DISH investigator is said to have visited Massive Wireless’s retail store to confirm sales of other infringing services carrying DISH content. In both cases DISH instructed Massive Wireless to cease-and-desist and both times DISH was ignored.

Cease and Desist 80

Cease and Desist Copyright Infringement Branding Brands 80

TorrentFreak

DECEMBER 6, 2022

From a standing start in 2017, the Alliance for Creativity and Entertainment is now the largest and most successful anti-piracy coalition on the planet. Two years on from these operations, ACE executed a successful cease and desist action near Belgrade, Serbia. ACE Has Experience in Key Areas.

Cease and Desist 127

Cease and Desist Reporting Marketing Marketing 127

JIPL Online

NOVEMBER 1, 2021

32] RuneLite HD only shut down in the first place due to a cease and desist letter from the publisher. 20, 2017), [link]. [3] 6] Alex Seedhouse, Pokémon Prism Cancelled After Nintendo Deliver Cease And Desist Letter, Nintendo Insider, (Dec 22, 2016), [link]. [7] 20, 2017), [link]. [3] 2017), [link]. [23]

Derivative Work 59

Derivative Work Cease and Desist Blogging Litigation 59

Technology & Marketing Law Blog

MAY 2, 2022

LinkedIn lawsuit started in 2017. CFAA : The key question is whether hiQ’s continued access following receipt of LinkedIn’s cease-and-desist letter was “without authorization” under the CFAA. Are robots.txt, IP address blocks, or cease-and-desist letters still relevant to the CFAA at all?

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

LexBlog IP

MARCH 28, 2022

In September 2017, Jonathan L. Stryker sent Waber a cease and desist letter threatening to enforce the non-compete clause, but Waber responded by stating that he was voiding the forum-selection and choice-of-law clause under California Labor Code § 925, which allows employees to void such clauses in certain circumstances.

Cease and Desist 52

Cease and Desist Law Contracts Government 52

Technology & Marketing Law Blog

DECEMBER 5, 2022

Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. . * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

Marketing 74

Marketing Marketing Cease and Desist Fair Use 74

Technology & Marketing Law Blog

OCTOBER 4, 2022

Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. . * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

Cease and Desist 84

Cease and Desist Fair Use Copyright Blogging 84

JIPEL Copyright Blog

APRIL 26, 2021

million followers on Instagram, was allegedly making “ seven figures ” as of 2017, and has a book on the New York Times bestseller list (Tik Tok commenters would remind you, however, that her listing had a dagger next to it). Danielle Bernstein is a 28-year-old New York City influencer and founder of the brand We Wore What (“WWW”).

Social Media 52

Social Media Copying Branding Brands 52

Technology & Marketing Law Blog

APRIL 29, 2023

Benjamin * How Have Section 512(f) Cases Fared Since 2017? Summit Entertainment * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

Fair Use 96

Fair Use Cease and Desist Copyright Trademark 96

Technology & Marketing Law Blog

AUGUST 24, 2023

Next, from the early 2000s until 2017, the primary legal theory that was used to deter web scraping was the Computer Fraud and Abuse Act or the CFAA. And then, in 2017, the famous hiQ Labs, Inc. The CFAA prohibits accessing a “protected computer” without authorization. LinkedIn Corp.

Blogging 96

Blogging Contracts Intellectual Property Social Media 96

Technology & Marketing Law Blog

MARCH 6, 2022

Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. . * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

Fair Use 95

Fair Use Cease and Desist Copying Copyright Infringement 95

Technology & Marketing Law Blog

MARCH 15, 2022

Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. . * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

Copyright 126

Copyright Cease and Desist Fair Use Litigation 126

Technology & Marketing Law Blog

AUGUST 16, 2023

Benjamin * How Have Section 512(f) Cases Fared Since 2017? Summit Entertainment * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

Ownership 62

Ownership Cease and Desist Fair Use Copyright 62

Technology & Marketing Law Blog

AUGUST 18, 2022

Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. . * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

Fair Use 103

Fair Use Cease and Desist Copyright Blogging 103

Selvam & Selvam Blog

OCTOBER 31, 2021

Raising objections to the misuse of one’s trademark by way of sending cease and desist notices, initiating action for passing off or infringement, etc. Giving proper notice of a registered trademark to consumers by using either the letter R enclosed within a circle – ® or using ‘TM’ for an unregistered mark.

Trademark 52

Trademark Cease and Desist Registering Trademarks Branding 52

Technology & Marketing Law Blog

NOVEMBER 30, 2023

Benjamin * How Have Section 512(f) Cases Fared Since 2017? Summit Entertainment * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

Fair Use 63

Fair Use Cease and Desist Copyright Ownership 63

Technology & Marketing Law Blog

AUGUST 8, 2021

Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. . * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

Fair Use 129

Fair Use Television Cease and Desist Copyright 129

The TTABlog

JUNE 17, 2021

In November 2016, Respondent sent a cease-and-desist letter to Petitioner, demanding transfer of the domain name to Respondent. To the extent Petitioner’s belief in damage may have existed at the time Petitioner brought these proceedings in January 2017, clearly it has not been maintained. Simpson , 170 F.3d

Cease and Desist 52

Cease and Desist Registration Trademark Ownership 52

Technology & Marketing Law Blog

APRIL 1, 2023

Benjamin * How Have Section 512(f) Cases Fared Since 2017? Summit Entertainment * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

Fair Use 101

Fair Use Cease and Desist Contracts Ownership 101

SpicyIP

AUGUST 22, 2022

Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice. On 2 nd December 2021, Mason Rothschild began advertising an NFT collection of fur-covered Birkin-like handbags that he designed, advertising them as ‘METABIRKINS’.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 5, 2021

the ITC can also issue cease and desist orders to prevent further sales of the accused products. 2d 1325, 1327, 2017 WL 6327551, at *3 (E.D. 11, 2017). [8] This is achieved through an exclusion order , which is typically “limited”, i.e. , applying only to the named respondent. [6] 7] See Manitowoc Cranes LLC v.

Litigation 52

Litigation Cease and Desist Patent Infringement Intellectual Property 52

The IPKat

JANUARY 6, 2022

Few opponents prefer to jump straight into court action, with oppositions typically the preference when a cease and desist letter fails to get the right reaction. Is this a new cause of action for us trade mark lawyers to start waving around? Thanks to my colleague Lauren Stone for helping me collate this volume.

Registration 96

Registration Cease and Desist Branding Brands 96

SpicyIP

JUNE 30, 2023

However, after expiration of the period, Defendant 2 continued to exploit rights against which Plaintiff issued a cease and desist notice twice. Plaintiff filed this suit after the Defendant refused to resolve the matter amicably and didn’t reply to the Plaintiff’s cease and desist notice.

Cease and Desist 98

Cease and Desist Ownership Copyright Publishing 98

Technology & Marketing Law Blog

DECEMBER 15, 2021

Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. Accordingly, the evidence presented by Signal 23 shows that it suffered harm of at least $35,000.00 Spoiler: Not Well). * Another Section 512(f) Case Fails–ISE v.

Registration 110

Registration Fair Use Copyright Designs 110

Kluwer Copyright Blog

NOVEMBER 24, 2021

In 2017, the BGH once more issued a ruling on Section 95a UrhG in relation to the Nintendo DS games console. Injunctive relief (Section 97(1) UrhG) and cease and desist agreements. A decision in 2017 concerned a claim for information under Section 101(9) UrhG, specifically information with the use of traffic data.

Contracts 98

Contracts Copyright Law Cease and Desist 98

SpicyIP

JULY 13, 2023

For the 25 years prior to 2017-18, foreign patent filings in India were significantly higher than Indian patents. What about cases where the patentee is not instituting a suit for infringement, but is asserting its ‘non-working’ patent rights on small-time players by issuing a cease and desist notice?

Reporting 95

Reporting Patent Cease and Desist IP 95

SpicyIP

FEBRUARY 13, 2023

Regardless, it sent a cease and desist to the defendants in 2022 who have a shop in Jaipur with a similar name and have registered the word mark in 2013. In this case, the Plaintiff, who is the proprietor of the mark “Footlockers” since 1988, has not used it for 30 years.

Designs 52

Designs Design Trademark Cease and Desist 52

IPilogue

MARCH 2, 2022

The Birkin’s hefty price tag — a Diamond Himalaya Birkin sold for over $400,000 in 2017 — has made it a prime target for knockoffs. On December 16th, 2021, Hermès sent a cease-and-desist letter to both OpenSea and Rothschild, notifying them of the “blatant violation of intellectual property.”

Cease and Desist 105

Cease and Desist Non-Fungible Tokens Fair Use Intellectual Property 105

The IP Law Blog

MARCH 2, 2021

Expect more cease and desist letters referencing the Supreme Court’s explicit clarification in Romag when threatening to seek profits against merely knowing, reckless, or even innocent infringers. cation and Insurance , CHINA BLOG (July 5, 2017), [link] buyer-beware.html; Peter Masaitis, Chinese Manufacturers vs. U.S.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

Plagiarism Today

DECEMBER 8, 2022

Back in 2017, a group made plans to stage a play entitled Who’s Holiday , a one-woman show featuring a foul-mouthed grown up version of Cindy Lou Who. As the play got closer to opening, the Seuss estate sent cease and desist letters to try and stop it.

Cease and Desist 183

Cease and Desist Fair Use Artwork Plagiarism 183

The IPKat

DECEMBER 27, 2023

The plaintiff had received a cease-and-desist letter from two German comedians who claimed that the copyright to this phrase belonged to them as they had come up with it during their shows. The phrase, commonly used with regard to animals, makes reference to the COVID-19 vaccination campaign.

Copyright 62

Copyright Cease and Desist Copyright Infringement Copyright Law 62

The TTABlog

AUGUST 15, 2022

124 USPQ2d 1028, 1035 (TTAB 2017) (“It is well-settled that use of a mark by a licensee inures to the benefit of the trademark owner.”); Quality Candy Shoppes/Buddy Squirrel of Wisc., See Moreno v. Pro Boxing Supplies, Inc. , Grande Foods , 90 USPQ2d at 1392.

Registration 52

Registration Cease and Desist Branding Brands 52