Cease and Desist, Copying, Designs and Ownership

512(f) Once Again Ensnared in an Employment Ownership Dispute–Shande v. Zoox

Technology & Marketing Law Blog

AUGUST 16, 2023

This paradigm, however, breaks down when copyright ownership is contested. In that circumstance, the takedown notice becomes a proxy battle for a larger and likely fact-dependent war over ownership, which the service in the middle isn’t in a good position to resolve. The hosting service honored the takedown notice.

Ownership

Ownership Cease and Desist Fair Use Copyright

What are the intellectual property rights for startups?

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

These rights provide exclusive ownership and control over intangible assets, allowing creators to protect their innovations from unauthorised use, reproduction, or distribution. Startups can secure copyrights to prevent unauthorized copying or distribution of their creative works. What are Intellectual Property Rights (IPRs)?

Intellectual Property

Intellectual Property Cease and Desist Invention Branding

Another 512(f) Claim Fails–Moonbug v. Babybus

Technology & Marketing Law Blog

MARCH 6, 2022

” With respect to whether Babybus’ baby character infringed Moonbug’s baby, Babybus claimed that the alleged copying related to generic features found in nature. . Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v.

Fair Use

Fair Use Cease and Desist Copying Copyright Infringement

Court Mistakenly Thinks Copyright Owners Have a Duty to Police Infringement–Sunny Factory v. Chen

Technology & Marketing Law Blog

MARCH 15, 2022

That’s by design–the DMCA was designed to resolve matters outside of court. Now, imagine the rightsowner also overclaimed trade dress protection for its sage leave design. Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. Alper Automotive v.

Copyright

Copyright Cease and Desist Fair Use Litigation

512(f) Doesn’t Restrict Competitive Gaming of Search Results–Source Capital v. Barrett Financial

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. Instead, Source Capital alleges the DMCA takedown notices were “knowingly false” and designed to kick Source Capital out of the Google search results during the high season.

Fair Use

Fair Use Cease and Desist Copyright Ownership

You’re a Fool if You Think You Can Win a 512(f) Case–Security Police and Fire Professionals v. Maritas

Technology & Marketing Law Blog

APRIL 1, 2023

Construing these allegations as true and in Service’s favor, Service subjectively believed that he possessed an ownership interest and that he never approved the Comedy Dynamics deal. I’m pretty sure the drafters of 512(f) never contemplated that it would be invoked in disputes over ownership. Alper Automotive v.

Fair Use

Fair Use Cease and Desist Contracts Ownership

512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. McCandless

Technology & Marketing Law Blog

DECEMBER 5, 2022

Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. Alper Automotive v.

Marketing

Marketing Marketing Cease and Desist Fair Use

Once Again, LinkedIn Can’t Use CFAA To Stop Unwanted Scraping–hiQ v. LinkedIn

Technology & Marketing Law Blog

MAY 2, 2022

The court remains skeptical of LinkedIn’s privacy-based arguments: LinkedIn has no protected property interest in the data contributed by its users, as the users retain ownership over their profiles. Are robots.txt, IP address blocks, or cease-and-desist letters still relevant to the CFAA at all? Eric’s Comments.

Cease and Desist

Cease and Desist Contracts Privacy Business

Anti-Circumvention Takedowns Aren’t Covered by 512(f)–Yout v. RIAA

Technology & Marketing Law Blog

OCTOBER 4, 2022

Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. Alper Automotive v.

Cease and Desist

Cease and Desist Fair Use Copyright Blogging

Satirical Depiction in YouTube Video Gets Rough Treatment in Court

Technology & Marketing Law Blog

AUGUST 8, 2021

“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.” Multimedia System Design , 2021 WL 3271829 (S.D.N.Y. Prior Posts on Section 512(f): * 512(f) Preempts Tortious Interference Claim–Copy Me That v.

Fair Use

Fair Use Television Cease and Desist Copyright

Surprise! Another 512(f) Claim Fails–Bored Ape Yacht Club v. Ripps

Technology & Marketing Law Blog

APRIL 29, 2023

Day to Day Imports * Satirical Depiction in YouTube Video Gets Rough Treatment in Court * 512(f) Preempts Tortious Interference Claim–Copy Me That v. Universal * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. Alper Automotive v.

Fair Use

Fair Use Cease and Desist Copyright Trademark

Which Type of Intellectual Property Protection Do I Need?

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Your Copy-Rights. Utility and Design Patents. Utility patents cover the way an invention works while design patents cover the way an invention looks.

Intellectual Property

Intellectual Property Invention Intellectual Property Law Design Patent

Role of Intellectual Property in Entertainment Industry

IIPRD

FEBRUARY 6, 2024

A thorough awareness of intellectual property laws is crucial, regardless of your career goals—be they that of a fashion designer, singer, filmmaker, or just someone curious about the legal side of entertainment. It gives authors and artists the sole ownership rights to their original writings, music, films, and artwork.

Intellectual Property

Intellectual Property Cease and Desist Copyright Law Music

11th Circuit UPHOLDS a 512(f) Plaintiff Win on Appeal–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

AUGUST 18, 2022

Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. Alper Automotive v.

Fair Use

Fair Use Cease and Desist Copyright Blogging

Which Types of IP (Intellectual Property) Protection Do Artists Need?

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Your Copy-Rights. Utility and Design Patents. Utility patents cover the way an invention works, while design patents cover the way an invention looks.

Intellectual Property

Intellectual Property IP Invention Designs

A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

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. Defendant had not obtained the Deposit Design from the Copyright Office. Defendant had not tried to find out why Amazon kept reinstating Plaintiff’s listing.

Registration

Registration Fair Use Copyright Designs

Spicy IP Weekly Review (November 16- November 21)

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. while also acknowledging the pending applications for change of ownership. M/S Prestige Estates Projects vs M/S Falcon Shelters Pvt.

IP

IP Cease and Desist Patent Music

Intellectual Property Pulse

512(f) Once Again Ensnared in an Employment Ownership Dispute–Shande v. Zoox

What are the intellectual property rights for startups?

Trending Sources

Another 512(f) Claim Fails–Moonbug v. Babybus

Court Mistakenly Thinks Copyright Owners Have a Duty to Police Infringement–Sunny Factory v. Chen

512(f) Doesn’t Restrict Competitive Gaming of Search Results–Source Capital v. Barrett Financial

You’re a Fool if You Think You Can Win a 512(f) Case–Security Police and Fire Professionals v. Maritas

512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. McCandless

Once Again, LinkedIn Can’t Use CFAA To Stop Unwanted Scraping–hiQ v. LinkedIn

Anti-Circumvention Takedowns Aren’t Covered by 512(f)–Yout v. RIAA

Satirical Depiction in YouTube Video Gets Rough Treatment in Court

Surprise! Another 512(f) Claim Fails–Bored Ape Yacht Club v. Ripps

Which Type of Intellectual Property Protection Do I Need?

Role of Intellectual Property in Entertainment Industry

11th Circuit UPHOLDS a 512(f) Plaintiff Win on Appeal–Alper Automotive v. Day to Day Imports

Which Types of IP (Intellectual Property) Protection Do Artists Need?

A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Spicy IP Weekly Review (November 16- November 21)

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