Technology & Marketing Law Blog

AUGUST 16, 2023

By design, it seeks to push questions over ownership to court, rather than have the intermediary service try to resolve those question. 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. The 512(f) claim fails.

Ownership 66

Ownership Cease and Desist Fair Use Copyright 66

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. HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. Spoiler: Not Well). * Another Section 512(f) Case Fails–ISE v.

Cease and Desist 88

Cease and Desist Fair Use Copyright Blogging 88

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. HSI * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. Spoiler: Not Well) * Another Section 512(f) Case Fails–ISE v.

Fair Use 101

Fair Use Cease and Desist Copyright Trademark 101

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. HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. Spoiler: Not Well). * Another Section 512(f) Case Fails–ISE v.

Fair Use 100

Fair Use Cease and Desist Copying Copyright Infringement 100

Technology & Marketing Law Blog

NOVEMBER 30, 2023

Instead, Source Capital alleges the DMCA takedown notices were “knowingly false” and designed to kick Source Capital out of the Google search results during the high season. 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.

Fair Use 67

Fair Use Cease and Desist Copyright Ownership 67

Technology & Marketing Law Blog

AUGUST 8, 2021

“Plaintiffs have adequately alleged that a member of the general online public ‘might see the EMMY Statuette Design as used by Defendant and mistakenly believe that there is a link between Plaintiffs and Defendant or find the association offensive, thus tarnishing the mark.'” .” UGH. No evidence re. July 30, 2021).

Fair Use 132

Fair Use Television Cease and Desist Copyright 132

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. HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. Spoiler: Not Well). * Another Section 512(f) Case Fails–ISE v.

Fair Use 108

Fair Use Cease and Desist Copyright Blogging 108

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. Also in the couple of weeks, Microsoft affiliate OpenAI released a product called GPTbot, which is designed to scrape the entire internet.

Blogging 97

Blogging Contracts Intellectual Property Social Media 97

Technology & Marketing Law Blog

APRIL 1, 2023

Additionally, App Star argues that the applications are denied copyright protection and that “Bar-Z knew or should have known that the design elements cited in the DMCA Notification” are not subject to protection under copyright law. Benjamin * How Have Section 512(f) Cases Fared Since 2017?

Fair Use 106

Fair Use Cease and Desist Contracts Ownership 106

SpicyIP

AUGUST 22, 2022

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’. Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. Defendant had not obtained the Deposit Design from the Copyright Office. Defendant had not tried to find out why Amazon kept reinstating Plaintiff’s listing.

Registration 116

Registration Fair Use Copyright Designs 116

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. The court clarified that for this defence, enshrined u/s 19 and 22(3), to work, “ the lack of novelty or originality has to be seen as on the date when the design was registered.

Designs 52

Designs Design Trademark Cease and Desist 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

According to the BGH, the specific design of the cards and consoles manufactured by the plaintiff constituted effective technical measures within the meaning of Section 95a (2) and (3) No. In 2017, the BGH once more issued a ruling on Section 95a UrhG in relation to the Nintendo DS games console. Claim for information.

Contracts 98

Contracts Copyright Law Cease and Desist 98

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. Hermès claims trademark infringement, false designation of origin, and trademark dilution. Hermès is embroiled in constant legal battles defending the Birkin against trademark infringement and passing-off.

Cease and Desist 105

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

The IP Law Blog

MARCH 2, 2021

The issue arose from a dispute between Romag, a manufacturer of magnetic snap fasteners for leather goods, and Fossil, a designer and distributor of a wide range of fashion accessories. cation and Insurance , CHINA BLOG (July 5, 2017), [link] buyer-beware.html; Peter Masaitis, Chinese Manufacturers vs. U.S. & ECON.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

Technology & Marketing Law Blog

NOVEMBER 27, 2023

Tam (2017) and Iancu v. Examples of trademark experts with this view include professors Rebecca Tushnet and Jennifer Rothman ; attorneys Megan Bannigan, David Bernstein, Timothy Cuffman , and Jon Jekel ; and news reporters from the New York Times ( Adam Liptak ) and Bloomberg ( Greg Stohr ).

Registration 76

Registration Trademark Blogging Law 76