Technology & Marketing Law Blog

OCTOBER 11, 2021

It sent Kiwi cease and desist letters and has implemented security measures, but “Kiwi has continued to hack the Southwest website and sell Southwest flights without permission.”. Southwest asserts claims under the CFAA, the Texas computer crime statute, breach of contract, and trademark.

Cease and Desist 111

Cease and Desist Contracts Trademark Blogging 111

The IPKat

DECEMBER 15, 2023

This time, the dispute notably concerns both the originality of photographs and their use for a period exceeding that stipulated in the copyright assignment contract. On 8 July 2019, Ms Y unsuccessful addressed a cease-and-desist letter to L'Oréal. The French company refused to regulate the situation.

Copyright Infringement 124

Copyright Infringement Copyright Cease and Desist Intellectual Property 124

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

LexBlog IP

OCTOBER 12, 2021

As part of the new Fair Consumer Contracts Act , [ Gesetz für Faire Verbraucherverträge ; published in the Federal Gazette (Part I) no. 53/2021, p. 3433 et seq., full text publicly available ( in German ) Germany will soon require specific cancellation/termination mechanisms for consumer subscriptions. Read the full client alert.

Cease and Desist 52

Cease and Desist Contracts Publishing Business 52

Larson & Larson

SEPTEMBER 3, 2021

However, you can stop infringement through the following: Use a Cease and Desist Letter. A lawyer can help you draft and send a cease and desist letter. A cease and desist letter is often a simple solution where the alleged infringer does so unintentionally. Bottom Line.

Intellectual Property 52

Intellectual Property Cease and Desist IP Contracts 52

The IPKat

MARCH 14, 2024

As the persons by whom the arrangements for the making of the audiovisual work were made (see section 108 on definition of author of an audiovisual work), it seems that Ini Edo and Chinenye Nworah are the authors of the audiovisual work (Shanty Town) unless their contract provides otherwise.

Copyright 78

Copyright Cease and Desist Ownership Registration 78

Technology & Marketing Law Blog

AUGUST 24, 2023

In the context of web scraping, the question is whether, once a web scraper gets its authorization revoked (usually via cease-and-desist letter, but often in the form of various anti-bot protections), whether any further scraping and use of a website’s data is “without authorization” within the meaning of the CFAA.

Blogging 96

Blogging Contracts Intellectual Property Social Media 96

TorrentFreak

NOVEMBER 17, 2021

Movie studio Miramax, which owns most of the rights to the film, sees it as a contract breach and copyright infringement. Earlier this month Miramax sent a cease and desist notice to Tarantino urging him to halt the upcoming sale. ” As such, the sale is still scheduled to go through next month.

Copyright Infringement 136

Copyright Infringement Non-Fungible Tokens Copyright Cease and Desist 136

Technology & Marketing Law Blog

MAY 2, 2022

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

Trading Secrets

JANUARY 24, 2024

As part of the order, JPM agreed to pay an $18 million file and to cease and desist from any further violations of Rule 21f-17(a). In recent consent orders, the SEC normally included a notification requirement and obligation to revise non-compliant agreements.

Confidentiality 52

Confidentiality Cease and Desist Settlement Social Media 52

LexBlog IP

JANUARY 24, 2024

As part of the order, JPM agreed to pay an $18 million file and to cease and desist from any further violations of Rule 21f-17(a). In recent consent orders, the SEC normally included a notification requirement and obligation to revise non-compliant agreements.

Confidentiality 52

Confidentiality Cease and Desist Settlement Social Media 52

43(B)log

JANUARY 3, 2024

CCM counterclaimed for abuse of process and for violations of the Lanham Act and related state laws; one ex-employee also brought counterclaims against loanDepot for breach of contract and breach of the implied covenant of good faith and fair dealing.

False Advertising 59

False Advertising Cease and Desist Advertising Advertising 59

LexBlog IP

MARCH 28, 2022

The contract included a one-year non-compete clause and a forum-selection and choice-of-law clause requiring contract disputes to be adjudicated in New Jersey under New Jersey law. . (“HOC”) and signed an employment agreement with HOC’s parent company, Stryker Corporation (“Stryker”).

Cease and Desist 52

Cease and Desist Law Contracts Government 52

The IPKat

SEPTEMBER 26, 2023

Regent believed that it held the right to synchronise this work under a sub-publishing contract with Delphine productions. sent a cease-and-desist letter to the three companies. noticed that his music had been synchronised in a murder scene shown in episode 10 of season 2 of Narcos - Mexico. In all this, the Court upheld Mr M.'s

Moral Rights 73

Moral Rights Music Cease and Desist Contracts 73

IIPRD

FEBRUARY 6, 2024

Creators need to comprehend the fundamentals of copyright law to safeguard their creations and negotiate licensing and distribution contracts with skill. This entails a diligent search for copyright violations using tools including cease-and-desist letters, legal action, and requesting injunctions to prevent unauthorized use.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

IPilogue

APRIL 11, 2022

She received a cease-and-desist notice from the photographer Michael Halsband, directing her to destroy the artwork. The crossover with IP rights is unreliable at best, and breach of obligations by buyer or seller in the trade can only be mitigated through breach of contract remedies.

Non-Fungible Tokens 106

Non-Fungible Tokens Cease and Desist Intellectual Property Artwork 106

Traverse Legal Blog

MARCH 6, 2024

Some influencers have contracted away their rights to their likeness for AI simulation, possibly in exchange for lucrative deals. If your likeness is used without permission, take immediate legal action, including sending cease and desist letters and filing lawsuits for unauthorized use of likeness and rights of publicity.

Cease and Desist 52

Cease and Desist Licensing Branding Brands 52

TorrentFreak

AUGUST 21, 2021

Last year his Area 51 service was shut down following a cease-and-desist issued by the Alliance For Creativity and Entertainment (ACE). They also allege a breach of contract in respect of the settlement agreement while demanding an injunction to restrain Tusa moving forward. Early July in a California court, Warner Bros.,

Cease and Desist 145

Cease and Desist Settlement Copyright Infringement Copyright 145

TorrentFreak

SEPTEMBER 14, 2021

In 2020 his Area 51 service was shut down following an Alliance For Creativity and Entertainment (ACE) cease-and-desist letter. Breach of Contract. According to the complaint filed in a California court, Tusa is well known to the plaintiffs. As noted, Tusa reached a settlement agreement with the studios on October 12, 2020.

Settlement 140

Settlement Cease and Desist Confidentiality Television 140

TorrentFreak

DECEMBER 6, 2022

Friend MTS offers dynamic, near real-time blocking of illegal IPTV streams and recent contract renewals ( 1 , 2 ) suggest that expectations are being met. Two years on from these operations, ACE executed a successful cease and desist action near Belgrade, Serbia. ACE Has Experience in Key Areas.

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Cease and Desist Reporting Marketing Marketing 128

Technology & Marketing Law Blog

DECEMBER 9, 2022

Even if Google’s conduct could be interpreted as a technical violation of many websites’ notoriously overbroad terms of service, their conduct doesn’t meet the criteria for most online breach of contract disputes. Trademark, copyright, trespass to chattels, the law of online contracts—none of this stuff is novel.

Blogging 115

Blogging Law Contracts Cease and Desist 115

Technology & Marketing Law Blog

APRIL 1, 2023

As for the tortious interference claim, App Star alleges that by submitting the DMCA notification to service providers, Bar-Z interfered with App Star’s contracts with certain chambers of commerce. Here, the Court has already found that Bar-Z had a legal right to interfere with App Star’s contracts with the chambers of commerce.

Fair Use 101

Fair Use Cease and Desist Contracts Ownership 101

LexBlog IP

MARCH 6, 2024

Some influencers have contracted away their rights to their likeness for AI simulation, possibly in exchange for lucrative deals. If your likeness is used without permission, take immediate legal action, including sending cease and desist letters and filing lawsuits for unauthorized use of likeness and rights of publicity.

Cease and Desist 52

Cease and Desist Licensing Technology Branding 52

Technology & Marketing Law Blog

OCTOBER 28, 2022

As usual in these types of cases, Ryanair sent cease-and-desist letters to Booking telling it to stop. Booking Holdings is the parent company of multiple OTAs that publish fare data and sell Ryanair flights in purported violation of Ryanair’s terms of service. Needless to say, it didn’t stop. hiQ Labs II at 43.

Blogging 86

Blogging Cease and Desist Business Litigation 86

Indiana Intellectual Property Law

JULY 12, 2021

While Watch has sent cease and desist letters to each of the co-defendants, they have allegedly not ceased their unlawful activities. Watch further claims Jarman did not disclose his departure from Watch to business partners of Watch and continued to use his position to garner business for GRiT.

Cease and Desist 52

Cease and Desist Confidentiality Business Designs 52

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

LexBlog IP

FEBRUARY 10, 2022

We now come to Stage Two, which is all about the money. ” Bottom line: After going through the complete administrative action and all appeals, the FTC will then commence a new action in federal district court seeking monetary relief.

Cease and Desist 52

Cease and Desist Litigation Law Contracts 52

LexBlog IP

JULY 5, 2022

First, after a full FTC administrative litigation that ends with a cease and desist order, the FTC can use Section 19 to go to federal court and seek monetary relief for fraudulent and dishonest conduct. Section 19 has two key uses.

Cease and Desist 52

Cease and Desist Contracts Law Litigation 52

Trading Secrets

JUNE 14, 2021

With unemployment levels reaching a new high during the global pandemic, courts across the country have become increasingly reluctant to enforce non-compete agreements in employment contracts. As a result, USAI sent Garcia a cease and desist letter and Airtool a letter reminding them of Garcia’s contractual obligations.

Cease and Desist 52

Cease and Desist Business Contracts Law 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. In another decision , from 2016, the BGH found that remuneration claims under Section 32 UrhG arise when the agreed remuneration at the time of the respective contract being concluded is not appropriate when viewed from the perspective of the time of conclusion of the contract (ex-ante view).

Contracts 98

Contracts Copyright Law Cease and Desist 98

The IPKat

JULY 9, 2023

The use of cease-and-desist letters is widespread too. the type of permission, payment, and contract). It emerges that brands should pay for the use of street artworks. The number of registrations with the US Copyright Office has been growing since the 1970s. because of rain). The decontextualization of the work (e.g.,

Art 57

Art Copyright Moral Rights Cease and Desist 57

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. company contracting with Chinese manufacturers, after insurance, 32 will be contracts. 31 Such improvements may give U.S.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

Plagiarism Today

JANUARY 11, 2022

According to the lawsuit, Crabtree worked as a colorist on the series and was granted a portion of royalties on both single sales and any adaptations of the comic and its characters via an oral contract. Otto had issued a cease and desist letter in March, which the school responded to by phasing out the use of the logo.

Cease and Desist 130

Cease and Desist Licensing Reporting Plagiarism 130

Technology & Marketing Law Blog

DECEMBER 15, 2021

Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. . * 17 USC 512(f) Preempts State Law Claims Over Bogus Copyright Takedown Notices–Amaretto v. Ozimals. * 17 USC 512(f) Claim Against “Twilight” Studio Survives Motion to Dismiss–Smith v.

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Registration Fair Use Copyright Designs 110

TorrentFreak

FEBRUARY 7, 2024

Before taking legal action, OCLC sent cease-and-desist requests via various email addresses and the X account of Anna’s Archive, which has since been removed. The defendant allegedly teamed up with unnamed co-conspirators. However, these notices didn’t result in the desired outcome.

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Cease and Desist Contracts Publishing Copying 119

Technology & Marketing Law Blog

JANUARY 25, 2024

Then he reversed course on remand and ruled in favor of LinkedIn on its breach of contract claims. On January 23rd, Judge Chen once again dropped a bombshell for the web-scraping world (and those looking to stop it) by ruling in favor of Bright Data and against Meta on its breach of contract claims at summary judgment. Bright Data Ltd.

Blogging 70

Blogging Contracts Cease and Desist Confidentiality 70

SpicyIP

SEPTEMBER 4, 2023

The court held that it cannot decide at an interim stage on the question of whether an injunction can be obtained in the light of Sections 41 and 14 of the Specific Relief Act, read with Section 27 of the Contract Act. Eminem sends cease and desist notice to Vivek Ramaswamy. Notorious B.I.G.’s

Cease and Desist 105

Cease and Desist Patent Prosecution Trademark Derivative Work 105