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. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

Blogging 80

Blogging Copyright Contracts Cease and Desist 80

TorrentFreak

NOVEMBER 3, 2023

The DMCA takedown process allows copyright holders to report infringing content and have it removed or taken down. In an attempt to curtail the abuse, the site sent a cease and desist letter to Google in April, asking the search engine to begin verifying senders of DMCA notices. In addition, YTMP3.nu

Cease and Desist 88

Cease and Desist Music Copying Fair Use 88

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. So extending the litigation privilege to DMCA takedown notices seems like an overreach. Defamation. ” This is clearly wrong. Implications.

Copyright 128

Copyright Fair Use Cease and Desist Litigation 128

TorrentFreak

AUGUST 1, 2023

The DMCA takedown process allows copyright holders to report infringing content and have it removed or taken down. In an effort to curtail the abuse, earlier this year the site sent a cease and desist letter to Google, asking the search engine to begin verifying senders of DMCA notices. In addition, YTMP3.nu

Cease and Desist 82

Cease and Desist Music Copyright Advertising 82

Technology & Marketing Law Blog

MAY 13, 2024

But by providing a foil in litigation against both the Center for Countering Digital Hate (“CCDH”) and Bright Data (the world’s largest seller of scraped data), he’s given judges in the most important district court in the country for tech legal issues, the Northern District of California, plenty of motivation to rule against him.

Blogging 96

Blogging Contracts Cease and Desist Social Media 96

Intellectual Property Law Blog

JUNE 9, 2021

The Lanham Act defines ‘trademark counterfeiting’ as producing or selling a product bearing a false trademark that is an intentional copy of a genuine trademark (15 USC §1127). In addition, they may be liable for defective counterfeit products even if they did not manufacture them.

Branding 147

Branding Brands Branding Cease and Desist 147

BYU Copyright Blog

JUNE 27, 2022

On our last post in the Bell saga, we reported that the Court of Appeals ruled against Dr. Keith Bell (“Bell”) and labeled him as a “serial litigant.” The post allegedly was “stripped of any notice of copyright, the author’s name, surrounding literary text, or other information identifying the work or the author of the work.”

Cease and Desist 52

Cease and Desist Copying Litigation Reporting 52

Plagiarism Today

DECEMBER 8, 2022

law with the Copyright Act of 1978, his point remains. The Mean One isn’t the far from the first raunchy parody of How the Grinch Stole Christmas and, if litigation does happen, it won’t be the first to end up in court. As the play got closer to opening, the Seuss estate sent cease and desist letters to try and stop it.

Cease and Desist 186

Cease and Desist Fair Use Artwork Plagiarism 186

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. Moonbug runs the CoComelon channel, the top-ranked Kids YouTube channel. Babybus counterclaimed for 512(f).

Fair Use 97

Fair Use Cease and Desist Copying Copyright Infringement 97

TorrentFreak

NOVEMBER 23, 2023

Two years ago, Bungie filed a complaint at a federal court in Seattle, accusing AimJunkies.com of copyright and trademark infringement, among other things. The original complaint didn’t provide sufficient evidence for a plausible claim that the ‘Destiny 2 Hacks’ infringed any copyrights, the Judge concluded.

Cease and Desist 101

Cease and Desist Copyright Infringement Copyright Intellectual Property 101

JIPEL Copyright Blog

MARCH 21, 2022

scene in the past, things seemed to come to a head in November 2020 when Nintendo sent a cease-and-desist letter to the Tournament Organizers (TOs) of the Big House, an upcoming streamed Melee tournament, and subsequently forced them to cancel the event. Melee , know this better than anyone. The second issue comes from Slippi itself.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Cease and Desist Law 59

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Copyrights: Copyrights protect original works of authorship such as software codes, artistic creations, literature, music, films, etc. Startups can secure copyrights to prevent unauthorized copying or distribution of their creative works. These rights enable startups to control and profit from their creative endeavors.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

LexBlog IP

MAY 8, 2023

Copyright application: Copyrights are a powerful, inexpensive way to cover any creative work and they’re enforceable overseas. Just as a strong legal framework of trademark and copyright protections are essential, so too is aggressive management. Let the infringers know they’re wasting their money by copying your IP.

Intellectual Property 52

Intellectual Property Cease and Desist IP Litigation 52

Technology & Marketing Law Blog

APRIL 29, 2023

Of the efficacious four, three were based exclusively on trademark rights, not copyright. The court says those aren’t DMCA takedown notices by definition, because they didn’t assert any copyright interests; so they are outside 512(f)’s scope. Because the other 21 didn’t have any effect, the court ignores those.

Fair Use 98

Fair Use Cease and Desist Copyright Trademark 98

Technology & Marketing Law Blog

AUGUST 18, 2022

The Copyright Office registered this work: The registration makes sense with the landscape backgrounds. 400 in damages after 4 years of litigation won’t put a smile on anyone’s face. Court Mistakenly Thinks Copyright Owners Have a Duty to Police Infringement–Sunny Factory v. The Lower Court Ruling.

Fair Use 104

Fair Use Cease and Desist Copyright Blogging 104

Patent Trademark Blog

JANUARY 18, 2024

Copyright registration might be an option if your product contains sufficiently original features that are nonfunctional. A cease-and-desist letter may be an option, but it comes with certain risks. Patent litigation is an option, albeit a very expensive one. Patent litigation is an option, albeit a very expensive one.

Design Patent 52

Design Patent Patent Cease and Desist Designs 52

Technology & Marketing Law Blog

AUGUST 16, 2023

Copyright owners are in the best position to spot and redress infringement, so they should identify alleged infringement to services and seek intervention when they see infringements. This paradigm, however, breaks down when copyright ownership is contested. The litigants are an employer and former employee. Alper Automotive v.

Ownership 63

Ownership Cease and Desist Fair Use Copyright 63

Technology & Marketing Law Blog

OCTOBER 4, 2022

One weird piece: the court implies that a copyright owner can enforce violations of access control limits deployed by third parties, i.e., RIAA could sue Yout for Yout’s violation of YouTube’s access control technology. It sought a declaratory judgment that it did not violate 17 USC 1201(a)(1) or 1202. Alper Automotive v.

Cease and Desist 86

Cease and Desist Fair Use Copyright Blogging 86

Technology & Marketing Law Blog

DECEMBER 5, 2022

. * Court Mistakenly Thinks Copyright Owners Have a Duty to Police Infringement–Sunny Factory v. Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. Chen. * Another 512(f) Claim Fails–Moonbug v. Alper Automotive v.

Marketing 75

Marketing Marketing Cease and Desist Fair Use 75

Technology & Marketing Law Blog

NOVEMBER 30, 2023

Allegedly on behalf of Barrett, an SEO vendor sent DMCA takedown notices to Google, alleging that Source Capital had copied some of Barrett’s copyrighted material. Source Capital alleges that no copyright violation took place at all. Hawai‘i Aug. Chen * Another 512(f) Claim Fails–Moonbug v. Alper Automotive v.

Fair Use 65

Fair Use Cease and Desist Copyright Ownership 65

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. “Because Defendant does not dispute that it copied the entire Emmy Statuette to create the Crony Graphic, the Court finds a presumption of bad faith to be appropriate here.”

Fair Use 130

Fair Use Television Cease and Desist Copyright 130

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. Yet, the dispute is still very heavily litigated in the district court (while the Ninth Circuit was mulling over its ruling in light of Van Buren ). Eric’s Comments.

Cease and Desist 111

Cease and Desist Contracts Privacy Business 111

Technology & Marketing Law Blog

APRIL 1, 2023

TL;DR: a copyright takedown notice that doesn’t meet the elements of 512(c)(3) cannot give rise to a 512(f) clam. Specifically, the putative copyright owners didn’t send a proper 512(c)(3) takedown notice because: it lacked specific identification of the copyrighted works. ” Cite to ISE v. Alper Automotive v.

Fair Use 103

Fair Use Cease and Desist Contracts Ownership 103

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

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 102

Music Derivative Work Fair Use Cease and Desist 102

IIPRD

JANUARY 23, 2023

In matters of trade, Trademark, copyright and Patent act as building blocks of protection measures while conferring exclusive right over goods/services for the holder. 8] Cease and desist letters are also measures to tackle such infringement wherein the seller is demanded to stop the sale of the product and never sell it again.

Patent Infringement 52

Patent Infringement Patent Cease and Desist IP 52

SpicyIP

MAY 15, 2023

The series presently contains 50+ Copyright related empirical studies and 50+ Patent related empirical studies published over the period of the last 15 years, and this will continue to be expanded over time. Gaurangi Kapoor highlights the key aspects of the litigation and writes on the findings of the court.

Trademark 104

Trademark Registration Cease and Desist IP 104

SpicyIP

NOVEMBER 21, 2022

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. US Appeal’s court rejects Natco Pharma’s marketing partner Alvogen’s appeal in patent litigation related to cancer drug Imbruvica.

IP 100

IP Cease and Desist Patent Music 100

The IP Law Blog

MARCH 2, 2021

This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder. Reproduced with permission. All rights reserved.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52