Technology & Marketing Law Blog

MARCH 6, 2022

Babybus runs a competitive channel that Moonbug believes infringes its copyrights. An example: Moonbug submitted takedown notices to YouTube covering at least 70 videos and sued Babybus for copyright infringement. Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v.

Fair Use 98

Fair Use Cease and Desist Copying Copyright Infringement 98

TorrentFreak

FEBRUARY 11, 2022

There’s a market for pretty much anything digital today and ‘collectables’ in particular sell like hot cakes. Not seldomly these have raised precarious copyright issues. There are NFT projects ‘copying’ other NFTs, for example, and in some cases, people simply issue NFTs based on existing copyrighted works owned by others.

Music 139

Music Non-Fungible Tokens Cease and Desist Copyright 139

Technology & Marketing Law Blog

DECEMBER 13, 2023

And that data might be subject to varying levels of copyright protection. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. — One logical starting point to tell the history of copyright preemption of contracts is to begin with ProCD v. See Montz, 649 F.3d

Blogging 81

Blogging Copyright Contracts Cease and Desist 81

Technology & Marketing Law Blog

OCTOBER 4, 2022

But if they want to be double-sure, send a takedown notice on any grounds other than copyright infringement and voila! Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. You know how this claim went. 512(f) disappears entirely.

Cease and Desist 87

Cease and Desist Fair Use Copyright Blogging 87

Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? I predict a cease and desist letter”; “I WILL DEFINITELY BE CONTACTING NICKOLODEON TO ASK IF THIS GHETTO PLACE HAVE THE RIGHTS.”.

Blogging 93

Blogging Social Media Television Fair Use 93

Technology & Marketing Law Blog

AUGUST 8, 2021

The Television Academies sued Goodman for copyright infringement, trademark infringement and dilution, and defamation. Copyright Infringement/Fair Use. ” Market Effect. Prior Posts on Section 512(f): * 512(f) Preempts Tortious Interference Claim–Copy Me That v. ” Amount Taken. ” UGH.

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Fair Use Television Cease and Desist Copyright 131

IIPRD

FEBRUARY 6, 2024

While trademarks protect movie titles, important characters, and other film components, copyright protects content from infringement and recognizes the rights of authors. But as the sector grows, so does the problem of intellectual property rights infringement, cybercrimes, copyright infringement , and trademark infringement.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

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? LinkedIn appeared first on Technology & Marketing Law Blog.

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Cease and Desist Contracts Privacy Business 112

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. All of these facts placed Defendant on actual notice that it was highly likely that, in fact, Plaintiff’s Sticker Sheet was not infringing the Subject Design.

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Registration Fair Use Copyright Designs 113

Art Law Journal

JUNE 30, 2022

But, if the author writes a book where one of those kids is named Harry and has a scar on his head from the villain that tried to kill him as a baby, that author will probably receive a copyright infringement letter in the near future. . How do I get a Copyright? How To Win Big In a Copyright Infringement Case.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

Art Law Journal

JUNE 30, 2022

But, if the author writes a book where one of those kids is named Harry and has a scar on his head from the villain that tried to kill him as a baby, that author will probably receive a copyright infringement letter in the near future. . How do I get a Copyright? How To Win Big In a Copyright Infringement Case.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

Copyright Lately

AUGUST 2, 2022

The full story behind Netflix’s copyright infringement lawsuit against Barlow & Bear, and why it’s actually a win for the fan fiction community. When it comes to copyright cases, Netflix has seen stranger things. Netflix could have sent Barlow & Bear a cease and desist letter hand-delivered by Regé-Jean Page.

Music 106

Music Derivative Work Fair Use Cease and Desist 106

Intellectual Property Law Blog

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

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. When, therefore, another identical vanilla cream filled chocolate sandwich cookie enters the market, named ―FAB!O‖ Check out the post for more details.

Designs 52

Designs Design Trademark Cease and Desist 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

The defendant in that case had offered adapters for sale which enabled Nintendo games, that had been produced by third parties in circumvention of copy protection measures and downloaded from the internet, to be used on the Nintendo games console. Claims under copyright law.

Contracts 98

Contracts Copyright Law Cease and Desist 98

LexBlog IP

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

SpicyIP

MARCH 27, 2023

The concerned defendant however, argued that the plaintiff’s design lacked novelty and is not original as another product ‘P-mate’, albeit different in shape, serves the same purpose and was existing in the market before the plaintiff’s design. Internet Archive loses US copyright lawsuit relating to its digital book lending program.

Designs 105

Designs Design Cease and Desist Art 105

IP Whiteboard

JUNE 7, 2021

You then upload a copy of the digital work that you want to represent in NFT-form to the NFT marketplace, pay a transaction fee and click ‘create’. It’s hard to identify and verify the true owner of content when an identical copy of that content can be created with a few clicks of a mouse. What are the benefits of NFTs? Cybersecurity.

Non-Fungible Tokens 40

Non-Fungible Tokens IP Cease and Desist Ownership 40