Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. German copyright law stipulates that the author is entitled to appropriate remuneration for every use of their work (Section 32 UrhG). These provisions served as, among other things, models for Articles 18 and 20 in the new DSM Copyright Directive (2019/790).

Contracts 98

Contracts Copyright Law Cease and Desist 98

Biswajit Sarkar Copyright Blog

OCTOBER 9, 2023

Undoubtedly, the OTT broadcasting market is one of the world’s largest media markets. The potential flow of advertisement traffic for this content makes them lucrative assets for any commercial establishment. Unauthorized usage, storage and sharing of unsolicited copyrighted content is a threat to human creativity.

Cease and Desist 85

Cease and Desist Licensing Intellectual Property Copyright 85

Technology & Marketing Law Blog

MAY 13, 2024

. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright. I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright.

Blogging 96

Blogging Contracts Cease and Desist Social Media 96

LexBlog IP

MARCH 24, 2023

The NCAA Men’s Basketball Tournament is a major revenue generator for the NCAA, with millions of dollars in advertising and broadcasting deals at stake. The NCAA takes a proactive approach to protecting its intellectual property, often sending cease-and-desist letters to those it believes are infringing on its rights.

Branding 40

Branding Brands Branding Cease and Desist 40

Intepat

MAY 28, 2024

The logo, consisting of a stylized apple with a bite taken out of it, is instantly recognizable amongst the consumer base and needs no introductions amongst the market & trade channels. has invested heavily in marketing and brand promotion, making its trademark well-known to consumers. Prior Registration and Use: Apple Inc.

Trademark 52

Trademark Intellectual Property Branding Brands 52

TorrentFreak

JANUARY 21, 2022

In reponse to rampant cheating in Call of Duty games, earlier this month Activision filed a copyright infringement lawsuit against cheat maker EngineOwning UG and CMN Holdings S.A. In 2017 and 2018, its lawyers wrote to them several times, demanding that they cease and desist. Supporting court documents here ( 1 , 2 , 3 , pdf).

Cease and Desist 133

Cease and Desist Social Media Reporting Copyright Infringement 133

The IPKat

MARCH 4, 2024

The plaintiff filed an infringement action before a German court requesting the defendant to be ordered to cease and desist from using the plaintiff’s trade marks for diving accessories in Germany, including from possessing them for the purpose of offering or putting them on the market. 10(3)(b) TMD.

Law 62

Law Cease and Desist Art Marketing 62

The IPKat

JANUARY 2, 2022

COPYRIGHT Giovanni Maria Riccio and Fabiola Iraci Gambazza (E-Lex law firm) reported on the recent publication of the European Audiovisual Observatory entitled " Mapping report on national remedies against online piracy of sports content ", commissioned by the European Commission. disputes between domain names and trademarks).

Blogging 126

Blogging IP Non-Fungible Tokens Cease and Desist 126

Technology & Marketing Law Blog

MAY 30, 2022

Recently, a district court in the same circuit took up a very similar issue, assessing Viacom’s trademark and copyright infringement claims against the owner and operator of a pop-up restaurant and bar called The Rusty Krab. The court begins with findings of fact, lavishing attention on the show’s plot and popularity.

Blogging 92

Blogging Social Media Television Fair Use 92

The IPKat

DECEMBER 14, 2023

Yesterday, it was all about key developments in the copyright field in the Africa IP Highlights 2023 – the result of collaboration between myself and several IP practitioners and researchers across Africa: Clarisse Mideva ; Rita Chindah ; and Jessie Mgonga. Should it not be the chant that may be copyright-protected as a musical work?]

IP 83

IP Service Mark Cease and Desist Registration 83

Selvam & Selvam Blog

MARCH 28, 2022

Through this, the former aims to monopolize the market and kick out any remotely similar business operating under the mark. This is often perceived as a means of brand building and a way to assert and secure their position and goodwill in the market to avoid losing customers or market share to the smaller entities.

Cease and Desist 40

Cease and Desist Trademark Due Diligence Intellectual Property 40

TorrentFreak

JANUARY 8, 2022

It found that the majority (76%) openly advertised their payment options with Visa, Mastercard and PayPal leading the way. AAPA Engagement With The ‘Big Three’ Despite PayPal now being the largest player in the IPTV market according to AAPA’s own study, the anti-piracy group expresses no criticism for the payment processor.

Branding 130

Branding Brands Branding Due Diligence 130

The IP Law Blog

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

TorrentFreak

MARCH 10, 2022

Indeed, we report way more than they do but according to van Voorn, the North American market is being hit hard. The sites are taken down in a number of ways, from cease-and-desist warnings to full-blown litigation. From: TF , for the latest news on copyright battles, piracy and more.

Cease and Desist 93

Cease and Desist Reporting Advertising Advertising 93

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Trademarks perform the following functions- Trademark or logo helps identify the goods and services easily: A trademark serves as a means of identification for a certain brand, corporation, or other entity, allowing it to be clearly distinguished from the other brands on the market.

Business 52

Business Trademark Registration Cease and Desist 52

TorrentFreak

MAY 18, 2022

The service was marketed and sold to users via these domains and through social media platforms. The complaint states that around September 24, 2021, the defendants were notified that their service violates federal laws and told to cease and desist. From: TF , for the latest news on copyright battles, piracy and more.

Cease and Desist 127

Cease and Desist Social Media Branding Brands 127

Technology & Marketing Law Blog

DECEMBER 15, 2021

A refresher: in 1998, Congress created a notice-and-takedown scheme for user-submitted items that allegedly infringe copyright. Copyright owners send takedown notices, and service providers either remove the items or lose the safe harbor. The DMCA’s main counterbalance to copyright owner overreach was supposed to be 512(f).

Registration 112

Registration Fair Use Copyright Designs 112

LexBlog IP

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

Kashishipr

JULY 21, 2021

The world’s largest markets for e-commerce are the United States of America, China, the United Kingdom, etc., Proof of IP Ownership – IP Registration Certificate or Copyright Recordal Certificate is necessary. Takedown notices, cease and desist notices, etc., Educating the consumers is imperative.

Branding 105

Branding Brands Branding Cease and Desist 105

SpicyIP

DECEMBER 24, 2023

From an in-depth discussion on the terms of copyright and translations in India to the recent UK Supreme Court’s order regarding the patentability of inventions by an AI, we had some engaging posts on this blog this week. To read these, along with a round up of IP developments around the country, and world, read on below.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

Technology & Marketing Law Blog

DECEMBER 9, 2022

There is the famous example of NYU data researchers who received a cease-and-desist letter from Facebook/Meta for doing research on Facebook’s algorithm. Trademark, copyright, trespass to chattels, the law of online contracts—none of this stuff is novel. Or, for whatever reason, just don’t want people accessing their data.

Blogging 117

Blogging Law Contracts Cease and Desist 117

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

SpicyIP

FEBRUARY 13, 2023

Highlights of the Week The Copyright Quandary regarding the Delhi High Court Rules on Live-streaming of Court Proceedings Recently Delhi High Court came up with ‘Live Streaming and Recording of Court Proceedings Rules’ which would be a positive step towards assuring better access to law and transparency.

Designs 52

Designs Design Trademark Cease and Desist 52

SpicyIP

NOVEMBER 21, 2022

Tata SIA Airlines, vacating the ex parte interim injunction granted against Vistara’s use of term “Fly Higher” in its advertisements. The court relied on the studies conducted by Lumen and “large volumes” of cease and desist complaints to prima facie establish that the App is a rogue website and deserves to be blocked as a whole.

IP 100

IP Cease and Desist Patent Music 100

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. Most IP lawyers dread reading about their cases in a newspaper, what with journalists’ infamous ability to speak of copyrighting a trade mark in a patent dispute.

Registration 96

Registration Cease and Desist Branding Brands 96