IPilogue

MARCH 2, 2022

The Birkin’s distinctive shape has acquired a secondary meaning, such that its trade dress has a trademark registration with the US Patent & Trademark Office. 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. Is this Fair Use?

Cease and Desist 105

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

Technology & Marketing Law Blog

MARCH 6, 2022

“Plaintiff’s takedown letters and supporting document establish facially plausible claims of infringement, and Babybus does not allege a plausible basis for a fair use defense.” 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 97

Fair Use Cease and Desist Copying Copyright Infringement 97

Technology & Marketing Law Blog

APRIL 29, 2023

” As for the remaining copyright-based takedown notice, the court says it doesn’t matter that BAYC didn’t have a copyright registration for the work at issue because unregistered works are still protectable. Benjamin * How Have Section 512(f) Cases Fared Since 2017? Longarzo * Another 512(f) Case Fails–Handshoe v.

Fair Use 98

Fair Use Cease and Desist Copyright Trademark 98

Technology & Marketing Law Blog

MARCH 15, 2022

Fuxi, the putative copyright owner, has a registration for an image of printed sage leaves (the left image): The alleged infringer, the Sunny Factory, sells the candles on the right on Amazon. Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

Copyright 128

Copyright Fair Use Cease and Desist Litigation 128

Technology & Marketing Law Blog

AUGUST 18, 2022

The Copyright Office registered this work: The registration makes sense with the landscape backgrounds. Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Benjamin. * How Have Section 512(f) Cases Fared Since 2017?

Fair Use 104

Fair Use Cease and Desist Copyright Blogging 104

Technology & Marketing Law Blog

DECEMBER 15, 2021

This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. ” Nevertheless, the successor licensee sent DMCA takedown notices to Amazon targeting the registrant’s stripped-down sticker. .”

Registration 112

Registration Fair Use Copyright Designs 112

SpicyIP

AUGUST 22, 2022

Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice. Though the text of the Act does not use the terms dilution, tarnishment, blurring or free-riding, the text of section 29(4), along with caselaw makes it abundantly clear that such acts are actionable in Indian courts.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130