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 95

Blogging Contracts Cease and Desist Social Media 95

LexBlog IP

OCTOBER 30, 2021

Copyright disputes do not need to escalate into costly and time-consuming litigation. This includes, for example, someone copying, performing, publishing, recording, selling, or distributing your copyrighted work on the internet without your permission. Cease and Desist Letters. Litigation. What is Copyright?

Copyright Infringement 52

Copyright Infringement Cease and Desist Copyright Social Media 52

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.” Bell further asserts that Basehor did not remove the post despite “receiving notice from Dr. Bell, three different times, to cease and desist the copying and display.”The

Cease and Desist 52

Cease and Desist Copying Litigation Reporting 52

Plagiarism Today

OCTOBER 26, 2021

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. Bringing us back to our Juice Demon, the elements that are copied include the striped suit and tie. This isn’t to say there’s been no litigation in this area.

Trademark 250

Trademark Copyright Cease and Desist Copying 250

Olartemoure Blog

MARCH 16, 2021

Some may say you are telling counterfeiters how to better copy your brand, but the truth is most Colombian consumers don’t want to be caught by friends using counterfeits. Before taking down piracy and counterfeit products, try to get as much information as possible as to the source of infringement. Teach them how to spot counterfeits.

Cease and Desist 98

Cease and Desist Social Media Copying Branding 98

LexBlog IP

MAY 8, 2023

Infringers and squatters: Forceful, persuasive cease-and-desist letters will let infringers and squatters know that you intend to enforce your work. Let the infringers know they’re wasting their money by copying your IP. Or even worse, another entity copying and protecting your creation as their own.

Intellectual Property 52

Intellectual Property Cease and Desist IP Litigation 52

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 96

Fair Use Cease and Desist Copying Copyright Infringement 96

Technology & Marketing Law Blog

DECEMBER 13, 2023

Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. Copyright law forbids duplication, public performance, and so on, unless the person wishing to copy or perform the work gets permission; silence means a ban on copying. A copyright is a right against the world.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

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.

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Cease and Desist Contracts Privacy Business 111

Technology & Marketing Law Blog

MARCH 15, 2022

The court says the takedown notices are covered by the litigation privilege: “Since the statements at issue here were made to Amazon during the notice and takedown period, they are absolutely privileged. So extending the litigation privilege to DMCA takedown notices seems like an overreach. Defamation. Alper Automotive v.

Copyright 126

Copyright Cease and Desist Fair Use Litigation 126

TorrentFreak

NOVEMBER 23, 2023

AimJunkies stresses that, after Bungie sent a cease and desist letter in 2021, it removed the contested software from its platform. — A copy of the opening brief, filed by AimJunkies and the other appellants at the U.S. However, AimJunkies sees things differently.

Cease and Desist 101

Cease and Desist Copyright Infringement Copyright Intellectual Property 101

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Startups can secure copyrights to prevent unauthorized copying or distribution of their creative works. This means that no one else can copy or distribute their creations without permission. Cease and Desist Letters: The first step for startups facing IP infringement is often sending a cease-and-desist letter to the infringing party.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

Technology & Marketing Law Blog

AUGUST 18, 2022

400 in damages after 4 years of litigation won’t put a smile on anyone’s face. Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. But who thinks the plaintiff got a good outcome in court here? Alper Automotive v.

Fair Use 103

Fair Use Cease and Desist Copyright Blogging 103

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 75

Marketing Marketing Cease and Desist Fair Use 75

Technology & Marketing Law Blog

AUGUST 16, 2023

The litigants are an employer and former employee. Day to Day Imports * Satirical Depiction in YouTube Video Gets Rough Treatment in Court * 512(f) Preempts Tortious Interference Claim–Copy Me That v. Summit Entertainment * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v.

Ownership 62

Ownership Cease and Desist Fair Use Copyright 62

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 85

Cease and Desist Fair Use Copyright Blogging 85

Garrigues Blog

OCTOBER 19, 2021

weigh up and anticipate what a litigation case entails in the big picture and in light of your business. Successful products and services are likely to have their trademarks copied. Therefore, before emabarking on any enforcement action, you need to gather as much information as possible on the entity copying your trademark(s).

Trademark 59

Trademark Cease and Desist Registration Litigation 59

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 97

Fair Use Cease and Desist Copyright Trademark 97

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. 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 63

Fair Use Cease and Desist Copyright Ownership 63

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.” Prior Posts on Section 512(f): * 512(f) Preempts Tortious Interference Claim–Copy Me That v. No evidence Goodman will bridge the gap. ” UGH.

Fair Use 129

Fair Use Television Cease and Desist Copyright 129

IIPRD

JANUARY 23, 2023

Firstly, Direct infringement wherein a patented product can be literally copied element to element (Literal direct infringement) and equivalently copied with little to minimal changes not essentially affecting the effect of the product (Equivalent direct infringement). This assist if a situation of litigation arises. [9]

Patent Infringement 52

Patent Infringement Patent Cease and Desist IP 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. A New 512(f) Plaintiff Win! So what did it win?

Registration 111

Registration Fair Use Copyright Designs 111

Technology & Marketing Law Blog

APRIL 1, 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 102

Fair Use Cease and Desist Contracts Ownership 102

TorrentFreak

AUGUST 1, 2023

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. nu also asked for a litigation hold in anticipation of future legal action. — A copy of the complaint filed on behalf of CreativeCode LTD at the U.S.

Cease and Desist 83

Cease and Desist Music Copyright Advertising 83

Copyright Lately

AUGUST 2, 2022

Netflix could have sent Barlow & Bear a cease and desist letter hand-delivered by Regé-Jean Page. Justice Ginsburg upheld the precise “wait and see” approach to copyright litigation adopted by Netflix: It is hardly incumbent on copyright owners. In the Supreme Court’s opinion in Petrella v.

Music 104

Music Derivative Work Fair Use Cease and Desist 104

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. Published in Landslide , Vol. 3, January/February 2021, by the American Bar Association.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

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.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Cease and Desist Law 59

Plagiarism Today

DECEMBER 8, 2022

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. Who’s Holiday and Other Places to Boldly Go.

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Cease and Desist Fair Use Artwork Plagiarism 195

Patent Trademark Blog

JANUARY 18, 2024

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. When the stakes are high, patent litigation may make financial sense. Patent litigation is an option, albeit a very expensive one. Needs patents to increase sales?

Design Patent 52

Design Patent Patent Cease and Desist Designs 52

Patently-O

FEBRUARY 19, 2023

by Dennis Crouch Rule 1 of the Federal Rules of Civil Procedure sets out a bold goal for civil litigation: “ the just, speedy, and inexpensive determination of every action.” ” Patent litigation is rarely speedy; quite expensive; and, many would argue, often unjust. Judge Buescher (D.Neb.)

Patent Infringement 120

Patent Infringement Cease and Desist Patent Invention 120

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

SpicyIP

MAY 15, 2023

Gaurangi Kapoor highlights the key aspects of the litigation and writes on the findings of the court. They further argued that they had issued a cease and desist notice on 6th November, 2020 to which no response was received.

Trademark 104

Trademark Registration Cease and Desist IP 104