Remove Cease and Desist Remove Copying Remove Fair Use Remove Marketing
article thumbnail

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

Technology & Marketing Law Blog

Case Citation : Digital Marketing Advisors 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. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. McCandless Group, LLC, 2022 WL 17403067 (C.D.

article thumbnail

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

Technology & Marketing Law Blog

” 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.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Understanding Copyright, Trademark and Halloween Costumes

Plagiarism Today

This means, theoretically, that elements such as the Superman “S” can be protected by copyright because they are separate elements that are merely copied onto the clothing. Unique Industries , the 3rd Circuit Court of Appeals ruled that masks broadly fall outside the “useful article” classification and do qualify for copyright protection.

Trademark 242
article thumbnail

Satirical Depiction in YouTube Video Gets Rough Treatment in Court

Technology & Marketing Law Blog

Copyright Infringement/Fair Use. The Crony graphic appeared as the video’s thumbnail image and in the video’s first 10 seconds, so it was not a de minimis use. The Crony graphic also doesn’t qualify for fair use: Nature of Use. ” Market Effect. ” Amount Taken.

Fair Use 129
article thumbnail

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

Technology & Marketing Law Blog

Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing 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. New Destiny Church * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v.

article thumbnail

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

Technology & Marketing Law Blog

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. Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. New Destiny Church * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v.

article thumbnail

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

Technology & Marketing Law Blog

Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Alper Automotive v.