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 95

Fair Use Cease and Desist Copying Copyright Infringement 95

TorrentFreak

FEBRUARY 8, 2023

Pirates can still copy the content and share it elsewhere, NFTs can’t prevent that. “While the NFT may be perfectly secure on the blockchain, that fact does nothing to enhance the security of copies of the underlying work or prevent unauthorized exercise of any of the §106 rights. . Piracy remains a concern, however.

Non-Fungible Tokens 93

Non-Fungible Tokens Cease and Desist Intellectual Property Law Copying 93

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. Startups can protect both the source code and object code through copyright registration.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

The IPKat

JULY 9, 2023

Would they be prepared to take legal action for copyright infringement if someone exploited or copied one of their works? The number of registrations with the US Copyright Office has been growing since the 1970s. The use of cease-and-desist letters is widespread too. Writers often copy from their mentors as a training.

Art 57

Art Copyright Moral Rights Cease and Desist 57

Technology & Marketing Law Blog

MAY 30, 2022

Finally, it points out Viacom is the owner of three valid trademark registrations for the KRUSTY KRAB mark and 400 copyright registrations covering “creative aspects of the SpongeBob SquarePants franchise,” including episodes from the animated television series, movies, drawings, and stylebooks featuring artwork from the franchise.

Blogging 90

Blogging Social Media Television Fair Use 90

Garrigues Blog

OCTOBER 19, 2021

Successful products and services are likely to have their trademarks copied. Registrations will not prevent others per se from trying to enter the market with similar signs covering similar goods and services: you need to be vigilant and take into account the following ground rules. Still, it is the best approach.

Trademark 59

Trademark Cease and Desist Registration Litigation 59

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. ” Nevertheless, the successor licensee sent DMCA takedown notices to Amazon targeting the registrant’s stripped-down sticker. .”

Registration 111

Registration Fair Use Copyright Designs 111

Technology & Marketing Law Blog

APRIL 29, 2023

” As for the remaining copyright-based takedown notice, the court says it doesn’t matter that BAYC didn’t have a copyright registration for the work at issue because unregistered works are still protectable. 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

Art Law Journal

JUNE 30, 2022

Although copyright registration is not required, there are several benefits to doing so. To see more on the benefits of copyright registration, see Stop, Thief! Your Copy-Rights. Trademark Registration. So even a phrase as original as “M&Ms melt in your mouth, not in your hands‚” does not have copyright protection.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

Technology & Marketing Law Blog

MARCH 15, 2022

Fuxi, the putative copyright owner, has a registration for an image of printed sage leaves (the left image): The alleged infringer, the Sunny Factory, sells the candles on the right on Amazon. 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!

Copyright 126

Copyright Fair Use Cease and Desist Litigation 126

Technology & Marketing Law Blog

AUGUST 18, 2022

The Copyright Office registered this work: The registration makes sense with the landscape backgrounds. Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. This is a messy case with complex facts. Start with my prior blog post.

Fair Use 103

Fair Use Cease and Desist Copyright Blogging 103

Art Law Journal

JUNE 30, 2022

Although copyright registration is not required, there are several benefits to doing so. To see more on the benefits of copyright registration, see Stop, Thief! Your Copy-Rights. Trademark Registration. So even a phrase as original as “M&Ms melt in your mouth, not in your hands‚” does not have copyright protection.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

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

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. What stands out here is that the Court granted an injunction in favour of the Plaintiff based on earlier registration without considering the non-use of the mark by them.

Designs 52

Designs Design Trademark Cease and Desist 52

Erik K Pelton

NOVEMBER 3, 2020

Believe it or not, I even had to face changing my brand name early on as a result of receiving a cease and desist letter! And, it’s even more helpful to hire an experienced trademark attorney to handle the registration process. Greater chance of being copied intentionally since the ® cannot be used.

Business 130

Business Trademark Cease and Desist Branding 130

43(B)log

AUGUST 18, 2021

For example (the details vary a little depending on defendant, but you get the picture): The STURGIS BIKE WEEK registration dates to 1997; defendants’ “Sturgis Motor Classic” came from 1997-98. The Composite Design Mark registration specifically acknowledged that it made “no claim. the public about the STURGIS Registrations.”

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

SpicyIP

MARCH 27, 2023

Other posts IP Financing in India – Part I: Perfection of Security and (Non) Registration of Copyright Despite the increasing importance of intellectual property in the modern economy, there is a surprising lack of attention given to IP financing in India.

Designs 105

Designs Design Cease and Desist Art 105

Patent Trademark Blog

JANUARY 18, 2024

Me-too products may be better off with simply trademark registration. Copyright registration might be an option if your product contains sufficiently original features that are nonfunctional. A cease-and-desist letter may be an option, but it comes with certain risks. Needs patents to increase sales?

Design Patent 52

Design Patent Patent Cease and Desist Designs 52

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

SpicyIP

MAY 15, 2023

Considering that the petitioner is the prior user of the mark and has an earlier registration, Delhi High Court directs the Trademarks registry to remove the respondent’s allegedly similar mark. Since the petitioner has priority over both registration and the user of the said trademark, the court, thus, ordered the Ld.

Trademark 104

Trademark Registration Cease and Desist IP 104

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. The Plaintiff has registrations over the marks ‘Purva’, ‘Purvankara’.

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?

Non-Fungible Tokens 40

Non-Fungible Tokens IP Cease and Desist Ownership 40