Technology & Marketing Law Blog

JULY 26, 2023

In addition to providing Chegg’s for-pay services online for free, Homeworkify has used and continues to use Chegg’s name in Google Advertising. But if defendant scraped all the data before getting a cease-and-desist letter and while it still had valid access, no degree of subsequent misuse creates a CFAA claim. The horror!

Cease and Desist 85

Cease and Desist Blogging Contracts Privacy 85

TorrentFreak

FEBRUARY 2, 2024

A named defendant and others yet to be fully identified now face a full-blown lawsuit after allegedly failing to comply with the terms of a cease-and-desist notice. “This makes Genshin Impact one of the most expensive games ever developed,” HoYoverse informs the court. These matters in the U.S.

Cease and Desist 89

Cease and Desist Intellectual Property Copyright Advertising 89

TorrentFreak

OCTOBER 8, 2022

The complaint alleges that Everly acquired the Firestick Steve customer database from someone who had already received cease-and-desist notices from DISH, which may explain why they were keen to pass former users over. Not even a cease-and-desist convinced him to stop. So what happened to Firestick Steve?

Cease and Desist 89

Cease and Desist Branding Brands Branding 89

43(B)log

JANUARY 3, 2024

I’m only going to discuss the false association/false advertising bits; as to the latter, state law provides more protection than federal because of the “commercial advertising or promotion” requirement for Lanham Act false advertising. The false association/coordinate state law claims survived. Ankura Consulting Grp.,

False Advertising 59

False Advertising Cease and Desist Advertising Advertising 59

LexBlog IP

APRIL 13, 2023

However, after hiring three professional athletes, including Maxx Crosby of the Las Vegas Raiders, to appear in a new advertisement, the NFL sent a cease-and-desist letter to Dimopoulos accusing the firm of unauthorized use of the Raiders’ marks.

Cease and Desist 52

Cease and Desist Law Advertising Advertising 52

BYU Copyright Blog

APRIL 1, 2024

Morlos also provided large complimentary promotional posters for the school to advertise with. In December 2022, Morlos sent a cease-and-desist letter to St. Francis has yet to respond to the Complaint, but we will post an update when further information is available. Morlos and St.

Cease and Desist 40

Cease and Desist Social Media Contracts Intellectual Property 40

TorrentFreak

APRIL 27, 2022

ACE’s global content protection chief Jan van Voorn informs us that more investigators and attorneys continue to be added to the alliance in various parts of the world. This has resulted in a wealth of information that is now paying off at a rapid pace. Cease and Desist. ACE Books Progress.

Cease and Desist 66

Cease and Desist Privacy Business Law 66

TorrentFreak

APRIL 29, 2024

Flyers distributed in the Bay Area advertising the service had led to DISH investigators handing over $135 for a subscription test purchase. Other documents filed in the lawsuit reveal that a cease-and-desist notice sent to Sharma IPTV last September contained an offer to settle the case. And the targets after those.

Cease and Desist 79

Cease and Desist Settlement Television Branding 79

IP and Legal Filings

MARCH 5, 2024

The accessibility of Internet markets and the ease with which information may be shared have given rise to new opportunities for trademark infringement. Trademark infringement has grown more complex and pervasive, ranging from counterfeit goods to digital squatting and keyword advertising.

Trademark 84

Trademark Social Media Advertising Advertising 84

TorrentFreak

JANUARY 21, 2022

In 2017 and 2018, its lawyers wrote to them several times, demanding that they cease and desist. In fact, we are aware that at least one of the Doe defendants posted a message online bragging about being named as a Doe Defendant and claiming that Activision will never find him,” Meyer informed the court.

Cease and Desist 134

Cease and Desist Social Media Reporting Copyright Infringement 134

TorrentFreak

MARCH 14, 2022

Speculation that the team had received some sort of legal threat weren’t answered directly but a member of the team strongly hinted that a cease-and-desist may have been received. While it is a replacement for the official app, Vanced is advertised as a modded version of the official YouTube app.

Cease and Desist 145

Cease and Desist Advertising Advertising Copyright 145

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

TorrentFreak

OCTOBER 25, 2021

The service opens the door to a wealth of information and entertainment, including the latest and greatest music which can be streamed for free. Through YouTube, the music industry generated billions of dollars in advertising revenue. With over a billion users YouTube is the largest video portal on the Internet.

Cease and Desist 131

Cease and Desist Music Blogging Advertising 131

Technology & Marketing Law Blog

MAY 13, 2024

2022) (hereinafter “hiQ 2022 district opinion) (defining “scraping” as “a process of extracting information from a website using automated means”). seeks only damages based on the reactions of advertisers (third parties) to CCDH’s speech in the Toxic Twitter report, which CCDH created after the scraping. hiQ Labs, Inc. 4 (9th Cir.

Blogging 94

Blogging Contracts Cease and Desist Social Media 94

Selvam & Selvam Blog

MARCH 25, 2021

BigBasket , the largest online grocery store in India slapped a Cease-and-Desist notice on Daily Basket , a young startup, alleging infringement of their trademark. As Big Basket & Daily Basket Fight it Out. The recent spat between BigBasket and Daily Basket borders on this blur. Taking legal action? Let us first mull over it!

Cease and Desist 52

Cease and Desist Trademark Registering Trademarks Business 52

Garrigues Blog

JULY 11, 2022

The case started in October 2018, when the sponsor of the festival, in order to advertise that Golpes Bajos would be playing, decided to publish a poster on social media, which included the name and a photograph of the deceased lead singer of the band. The exception set forth in article 8.1

Personality Rights 52

Personality Rights Cease and Desist Social Media Advertising 52

TorrentFreak

MARCH 8, 2022

The RIAA had already sent cease-and-desist orders to the hosting company in 2020, before it approached GitHub. Earlier this year Uberspace informed us that Sony Entertainment, Warner Music Group and Universal Music had taken the matter to court in Germany. . Labels Sue Uberspace in Germany. Numerous Legal Uses.

Cease and Desist 134

Cease and Desist Music Copyright Copyright Infringement 134

Biswajit Sarkar Copyright Blog

OCTOBER 9, 2023

The potential flow of advertisement traffic for this content makes them lucrative assets for any commercial establishment. Cease and Desist notices may be served to the infringers to cease all further dissemination while comprehensively outlining how the actions of the recipient are infringing the Copyright of the sender’s work.

Cease and Desist 85

Cease and Desist Licensing Intellectual Property Copyright 85

TorrentFreak

MAY 18, 2022

To PrimeStreams’ credit, customers were immediately informed and somehow a total disaster scenario was avoided. The complaint states that around September 24, 2021, the defendants were notified that their service violates federal laws and told to cease and desist. PrimeStreams Ignored Warning.

Cease and Desist 127

Cease and Desist Social Media Branding Brands 127

Indiana Intellectual Property Law

AUGUST 6, 2021

Energy claims that FTA has advertised and promoted its services using the allegedly infringing mark at an event for which Energy’s Full Throttle® brand was previously the title sponsor. Energy claims FTA promotes and provides its services using trademarks and trade dress that are confusingly similar to the Energy Marks and trade dress.

Cease and Desist 52

Cease and Desist Trademark Branding Brands 52

TorrentFreak

MARCH 10, 2022

The sites are taken down in a number of ways, from cease-and-desist warnings to full-blown litigation. A large proportion of this information is accurate but note the initial “ shut down popular streaming sites ” reference (emphasis ours) and then a subtle change of terminology later on.

Cease and Desist 94

Cease and Desist Reporting Advertising Advertising 94

TorrentFreak

DECEMBER 26, 2022

In addition, advertising companies and payment processors help to cut off revenue to pirate sites and services, when appropriate. It can easily shift focus between continents and share information back and forth. This isn’t a surprise as the alliance carefully weighs the information it shares with the public.

Cease and Desist 132

Cease and Desist Government Confidentiality Settlement 132

LexBlog IP

MARCH 30, 2022

For example, between 2019 and 2020, both the New York and California attorneys general sent cease and desist letters to the Black Lives Matter Foundation, which had no involvement with the Black Lives Matter movement, yet was soliciting millions of dollars in donations.

Marketing 52

Marketing Marketing Cease and Desist Branding 52

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.

Cease and Desist 128

Cease and Desist Registration Business Marketing 128

The IPKat

JANUARY 2, 2022

The well-known company was sued in a California federal court last year for using photos Schroeder took of Sumida posing next to a Volvo S60 as part of a "global advertising campaign" on Instagram without her permission. The Fashion Law reports on a copyright dispute between Volvo and photographer Jack Schroeder and model Britni Sumida.

Blogging 126

Blogging IP Non-Fungible Tokens Cease and Desist 126

Technology & Marketing Law Blog

DECEMBER 13, 2023

In return for users agreeing to the TOU, Craigslist provides services to its users “including but not limited to classified advertising, forums, and email forwarding.” 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.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

Kashishipr

JULY 21, 2021

In an e-marketplace, product or service information is provided by multiple third parties, whereas transactions are processed by the marketplace operator. The AI relies on an algorithm to compare images and read text information. Takedown notices, cease and desist notices, etc., Educating the consumers is imperative.

Branding 105

Branding Brands Branding Cease and Desist 105

The TTABlog

JULY 29, 2021

Respondent, who then sent a cease-and-desist letter to petitioner, prompting the subject petition for cancellation. Here, there was no evidence of Nema's advertising or other expenditures, nor evidence of its sales or growth. In 2018, petitioner terminated its arrangement with respondent.

Registration 52

Registration Cease and Desist Ownership Advertising 52

Technology & Marketing Law Blog

MAY 30, 2022

Courts in the Fifth Circuit consider: (1) the type of mark allegedly infringed; (2) the similarity between the two marks; (3) the similarity of the products or services; (4) the identity of retail outlets and purchasers; (5) the identity of the advertising media used; (6) the defendant’s intent; and (7) actual confusion.

Blogging 90

Blogging Social Media Television Fair Use 90

Technology & Marketing Law Blog

DECEMBER 9, 2022

And since I like to go outside, I figured I’d save everyone some time and provide a condensed takedown of the some of the more common but less-informed perspectives about the laws related to web scraping in the United States. [FN] And it doesn’t help when so much of the information available online is just flat-out wrong.

Blogging 116

Blogging Law Contracts Cease and Desist 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. Further, the information sought by the applicant pertains to third party …” and thus, refused to share the information sought.

Designs 52

Designs Design Trademark Cease and Desist 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

By this point, in addition to the information known to Defendant after the May DMCA Takedown Notice, Defendant knew that Plaintiff’s Amazon listing had been reinstated three times. Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. What changed by November 19, 2018?

Registration 111

Registration Fair Use Copyright Designs 111

Kluwer Copyright Blog

NOVEMBER 24, 2021

In addition, claims for information are provided for at various points in the UrhG. Injunctive relief (Section 97(1) UrhG) and cease and desist agreements. The infringement at trial was a photo of a sportscar illegally used on the internet for advertising purposes. Claim for information.

Contracts 98

Contracts Copyright Law Cease and Desist 98

Erik K Pelton

NOVEMBER 3, 2020

Believe it or not, I even had to face changing my brand name early on as a result of receiving a cease and desist letter! Television advertising. There are decisions about expenses that tug at small business owners every single day—rent, new equipment, software programs, advertising budgets, personnel, and many more.

Business 130

Business Trademark Cease and Desist Branding 130

Kashishipr

MAY 4, 2022

It informs the customers that you consider yourself the mark’s rightful owner. In most cases, it is typically sufficient if the trademark symbol appears with one single prominent use of the mark in one single label or advertisement, even though the mark in itself may appear multiple times.

Social Media 105

Social Media Trademark Cease and Desist Registering Trademarks 105

The IP Law Blog

JANUARY 12, 2023

In the US, privacy laws are generally driven by state law, but there may be applicable federal law depending on the nature of the information collected. Each of the above could constitute proprietary trade secrets depending upon whether its owner took reasonable steps to maintain its trade secret status. .

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Trademarks help in the advertisement of the goods in a global level: Trademarks helps a brand in gaining popularity by allowing a company to advertise or market their products on various domains around the world. Sections 9 and 11 of the Trademarks Act, 1999 address the notion of confusion.

Business 52

Business Trademark Registration Cease and Desist 52