Technology & Marketing Law Blog

MAY 13, 2024

As I wrote back in December, scraping claims are almost always about unwanted copying and distribution of data. However, scraping generally means “extracting data from a website and copying it into a structured format, allowing for data manipulation or analysis.” Facebook objected and sent a cease-and-desist letter.

Blogging 95

Blogging Contracts Cease and Desist Social Media 95

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

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 97

Fair Use Cease and Desist Copyright Trademark 97

Corsearch

FEBRUARY 22, 2024

Imagine you’ve conjured up the hottest brand on the market – “Crispy Crunch Delights” , complete with a jazzy logo. Even with innocent intentions, these trademark violations can attract legal eagles faster than you can say, “cease and desist.” We explore in this article. What is trademark infringement?

Branding 59

Branding Brands Branding Trademark 59

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. Hawks * New(ish) Report on 512 Takedown Notices * Can 512(f) Support an Injunction?

Fair Use 64

Fair Use Cease and Desist Copyright Ownership 64

Technology & Marketing Law Blog

MAY 30, 2022

Judging from the Rusty Krab’s marketing efforts and social media promotion as detailed in Viacom’s complaint, the pop-up was far more focused on providing the backdrop for Instagram-worthy selfies than it was on producing edible food. The court then moves on to consider Viacom’s copyright infringement claim.

Blogging 91

Blogging Social Media Television Fair Use 91

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. Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. RIAA appeared first on Technology & Marketing Law Blog.

Cease and Desist 85

Cease and Desist Fair Use Copyright Blogging 85

Technology & Marketing Law Blog

AUGUST 16, 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.

Ownership 63

Ownership Cease and Desist Fair Use Copyright 63

Technology & Marketing Law Blog

MARCH 15, 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. Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. Chen appeared first on Technology & Marketing Law Blog.

Copyright 127

Copyright Cease and Desist Fair Use Litigation 127

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 130

Fair Use Television Cease and Desist Copyright 130

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. Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. . * A 512(f) Plaintiff Wins at Trial! Alper Automotive v.

Fair Use 104

Fair Use Cease and Desist Copyright Blogging 104

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 102

Fair Use Cease and Desist Contracts Ownership 102

Technology & Marketing Law Blog

DECEMBER 15, 2021

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. This prevented Signal 23 from marketing for ABOUT HIM in addition to seven or eight other shows it had available for purchase on Vimeo.

Registration 111

Registration Fair Use Copyright Designs 111

SpicyIP

FEBRUARY 13, 2023

Regardless, it sent a cease and desist to the defendants in 2022 who have a shop in Jaipur with a similar name and have registered the word mark in 2013. When, therefore, another identical vanilla cream filled chocolate sandwich cookie enters the market, named ―FAB!O‖

Designs 52

Designs Design Trademark Cease and Desist 52

Intellectual Property Law Blog

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

Kluwer Copyright Blog

NOVEMBER 24, 2021

The defendant in that case had offered adapters for sale which enabled Nintendo games, that had been produced by third parties in circumvention of copy protection measures and downloaded from the internet, to be used on the Nintendo games console. Injunctive relief (Section 97(1) UrhG) and cease and desist agreements.

Contracts 98

Contracts Copyright Law Cease and Desist 98

SpicyIP

MARCH 27, 2023

filed an application to place additional documents on record, before framing the issues, against the defendants, ARG Outlier Media Pvt Ltd, which also included the examination reports of the Registry and the responses by the defendants regarding trademark/taglines that are the subject matter of the suit.

Designs 105

Designs Design Cease and Desist Art 105

LexBlog IP

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

SpicyIP

MAY 15, 2023

SpicyIP intern Surmayi Khatana writes on this exciting news clarifying that the agreement is technically between ISRA and the Collective Rights Management Organization, PPL, and not the industry body IMI, as reported in the media. Case: Holyland Marketing Pvt. vs Vijay Pal Vineet Kumar And Co.

Trademark 104

Trademark Registration Cease and Desist IP 104

SpicyIP

NOVEMBER 21, 2022

Ruchi Sharma highlights a few findings of the Economic Advisory Council to the Prime Minister’s report “Why India Needs To Urgently Invest In Its Patent Ecosystem?” and emphasizes on the need to facilitate data access by IPO for the betterment of the national innovation system, something which the above report is silent on.

IP 100

IP Cease and Desist Patent Music 100

IP Whiteboard

JUNE 7, 2021

You then upload a copy of the digital work that you want to represent in NFT-form to the NFT marketplace, pay a transaction fee and click ‘create’. It’s hard to identify and verify the true owner of content when an identical copy of that content can be created with a few clicks of a mouse. What are the benefits of NFTs? Cybersecurity.

Non-Fungible Tokens 40

Non-Fungible Tokens IP Cease and Desist Ownership 40