Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

IPRs are crucial for startups as they safeguard their unique ideas and creations, enabling them to establish a competitive edge in the market. 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.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

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 130

Copyright Cease and Desist Fair Use Litigation 130

LexBlog IP

MAY 8, 2023

Consider how you’re going to bring the game to market and to your business plan. 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.

Intellectual Property 52

Intellectual Property Cease and Desist IP Litigation 52

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 83

Blogging Copyright Contracts Cease and Desist 83

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 113

Cease and Desist Contracts Privacy Business 113

Technology & Marketing Law Blog

AUGUST 16, 2023

The litigants are an employer and former employee. 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. Babybus * A 512(f) Plaintiff Wins at Trial!

Ownership 66

Ownership Cease and Desist Fair Use Copyright 66

Technology & Marketing Law Blog

APRIL 29, 2023

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. Summit Entertainment * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v.

Fair Use 101

Fair Use Cease and Desist Copyright Trademark 101

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. Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. Barrett Financial appeared first on Technology & Marketing Law Blog.

Fair Use 67

Fair Use Cease and Desist Copyright Ownership 67

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. Day to Day Imports appeared first on Technology & Marketing Law Blog.

Fair Use 108

Fair Use Cease and Desist Copyright Blogging 108

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 88

Cease and Desist Fair Use Copyright Blogging 88

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

AUGUST 8, 2021

” Market Effect. “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. .” Amount Taken.

Fair Use 132

Fair Use Television Cease and Desist Copyright 132

Technology & Marketing Law Blog

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. 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 106

Fair Use Cease and Desist Contracts Ownership 106

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 116

Registration Fair Use Copyright Designs 116

IIPRD

JANUARY 23, 2023

It further expanded its domain as a manufacturer by establishing a market for its self-made products such as kindle for e-book services, audiobook and ‘cloud computing’ web storage services. This assist if a situation of litigation arises. [9] Amazon acted as the medium between them and the retailers.

Patent Infringement 52

Patent Infringement Patent Cease and Desist IP 52

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 106

Music Derivative Work Fair Use Cease and Desist 106

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. Case: Holyland Marketing Pvt. They further argued that they had issued a cease and desist notice on 6th November, 2020 to which no response was received. vs Vijay Pal Vineet Kumar And Co.

Trademark 104

Trademark Registration Cease and Desist IP 104