LexBlog IP

OCTOBER 30, 2021

It is also an increasingly popular medium for infringers to illegally source and share copyrighted materials. Fortunately, copyright law prohibits the unauthorized reproduction of a work. Copyright disputes do not need to escalate into costly and time-consuming litigation. What is Copyright?

Copyright Infringement 52

Copyright Infringement Cease and Desist Copyright Social Media 52

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 94

Blogging Contracts Cease and Desist Social Media 94

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. So extending the litigation privilege to DMCA takedown notices seems like an overreach. Defamation. ” This is clearly wrong. Implications.

Copyright 126

Copyright Fair Use Cease and Desist Litigation 126

Technology & Marketing Law Blog

FEBRUARY 27, 2022

On January 9th, American Airlines sent TPG a cease-and-desist letter. Knowing well that litigation in the Northern District of Texas is not in its best interests, TPG filed a declaratory judgment in Delaware hoping to take advantage of the first-to-file rule. Of course, Facebook objected and sent a cease-and-desist letter.

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Cease and Desist Blogging Contracts Social Media 121

TorrentFreak

NOVEMBER 3, 2023

The DMCA takedown process allows copyright holders to report infringing content and have it removed or taken down. In an attempt to curtail the abuse, the site sent a cease and desist letter to Google in April, asking the search engine to begin verifying senders of DMCA notices. In addition, YTMP3.nu

Cease and Desist 89

Cease and Desist Music Copying Fair Use 89

Biswajit Sarkar Copyright Blog

NOVEMBER 16, 2021

Copyright is a type of intellectual property rights. One infringes on copyrighted works when they violate the exclusive rights of the owner. But how do you prove that a considerable amount of your copyrighted work has been infringed? How do you show that their final product is the same as your copyrighted work?

Copyright Infringement 67

Copyright Infringement Copyright Cease and Desist Intellectual Property 67

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

SpicyIP

SEPTEMBER 25, 2023

Would Sending a Cease-and-Desist Notice Harm Your Chances of Securing an Ex Parte Ad Interim Injunction? Some Perspectives Would Sending a Cease-and-Desist Notice Harm Your Chances of Securing an Ex Parte Ad Interim Injunction? On the other hand, this gives a chance to the violating party to quickly dispose of the goods.

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Cease and Desist Copyright Infringement Invention Social Media 105

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.” The post allegedly was “stripped of any notice of copyright, the author’s name, surrounding literary text, or other information identifying the work or the author of the work.”

Cease and Desist 52

Cease and Desist Copying Litigation Reporting 52

The IPKat

APRIL 27, 2024

Litigation involving the alleged infringement of rights in ready-to-wear clothing is a frequent occurrence [ IPKat here , here ]. Analysis of these cases often raises questions about the conditions for protection under copyright and design law, and even about the concept of cumulative protection.

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Cease and Desist Designs Design Copyright Infringement 67

Intellectual Property Law Blog

JUNE 9, 2021

There are several strategies for protecting your brand and your business ranging from quick and inexpensive actions such as cease and desist letters, to district court and International Trade Commission (ITC) litigation. In addition, they may be liable for defective counterfeit products even if they did not manufacture them.

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Branding Brands Branding Cease and Desist 147

Canadian Intellectual Property Blog

OCTOBER 28, 2020

With the ever-increasing presence of social media, including websites like YouTube where content can generate income, copyright infringement is escalating at alarming rates. Unfortunately, it is no secret that the cost of enforcing copyright through the courts is expensive.

Social Media 52

Social Media Copyright Cease and Desist Copyright Infringement 52

TorrentFreak

FEBRUARY 22, 2024

Several record labels including Sony and UMG, sued the Internet Archive for copyright infringement in Manhattan federal court last year. The record labels were aware of this, they allege, as the RIAA sent a cease and desist letter on their behalf but took no further action at the time.

Copying 106

Copying Licensing Fair Use Cease and Desist 106

TorrentFreak

NOVEMBER 23, 2023

Two years ago, Bungie filed a complaint at a federal court in Seattle, accusing AimJunkies.com of copyright and trademark infringement, among other things. The original complaint didn’t provide sufficient evidence for a plausible claim that the ‘Destiny 2 Hacks’ infringed any copyrights, the Judge concluded.

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Cease and Desist Copyright Infringement Copyright Intellectual Property 102

Larson & Larson

SEPTEMBER 3, 2021

for litigation. However, you can stop infringement through the following: Use a Cease and Desist Letter. A lawyer can help you draft and send a cease and desist letter. A cease and desist letter is often a simple solution where the alleged infringer does so unintentionally.

Intellectual Property 52

Intellectual Property Cease and Desist IP Contracts 52

TorrentFreak

APRIL 27, 2022

Cease and Desist. While court cases are also part of the repertoire, a cease-and-desist letter is usually the first step taken. As ACE is expanding, the cease-and-desist approach has become a more international endeavor. Cease-and-desist letters can be effective but they are no silver bullet.

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Cease and Desist Privacy Business Law 66

IPilogue

APRIL 11, 2022

Lehv is a senior litigation counsel at Fross Zelnick Lehrman & Zissu, P.C. Lehv pointed out that purchasing an NFT does not necessarily include copyright assignment, and therefore, returns from the NFT are limited to resale. He authored “ The Treachery of Images: Non-fungible Tokens and Copyright ”. Alexandra Giannoloulou.

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Non-Fungible Tokens Cease and Desist Intellectual Property Artwork 106

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Copyrights: Copyrights protect original works of authorship such as software codes, artistic creations, literature, music, films, etc. Startups can secure copyrights to prevent unauthorized copying or distribution of their creative works. This exclusivity encourages investment and incentivizes further research and development.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

LexBlog IP

MAY 8, 2023

Copyright application: Copyrights are a powerful, inexpensive way to cover any creative work and they’re enforceable overseas. Just as a strong legal framework of trademark and copyright protections are essential, so too is aggressive management. He also is experienced in intellectual property litigation.

Intellectual Property 52

Intellectual Property Cease and Desist IP Litigation 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 5, 2021

We have covered several introductory topics about 337 Investigations at the International Trade Commission (ITC) through the lens of its most common context [1] —as another forum for patent litigation. [2] 3] However, patent litigation is but one potential use of this forum. What are the Benefits of Litigating at the ITC?

Litigation 52

Litigation Cease and Desist Patent Infringement Intellectual Property 52

Technology & Marketing Law Blog

APRIL 29, 2023

Of the efficacious four, three were based exclusively on trademark rights, not copyright. The court says those aren’t DMCA takedown notices by definition, because they didn’t assert any copyright interests; so they are outside 512(f)’s scope. Because the other 21 didn’t have any effect, the court ignores those.

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Fair Use Cease and Desist Copyright Trademark 97

Technology & Marketing Law Blog

AUGUST 18, 2022

The Copyright Office registered this work: The registration makes sense with the landscape backgrounds. 400 in damages after 4 years of litigation won’t put a smile on anyone’s face. Court Mistakenly Thinks Copyright Owners Have a Duty to Police Infringement–Sunny Factory v. The Lower Court Ruling.

Fair Use 103

Fair Use Cease and Desist Copyright Blogging 103

Technology & Marketing Law Blog

AUGUST 16, 2023

Copyright owners are in the best position to spot and redress infringement, so they should identify alleged infringement to services and seek intervention when they see infringements. This paradigm, however, breaks down when copyright ownership is contested. The litigants are an employer and former employee. Alper Automotive v.

Ownership 62

Ownership Cease and Desist Fair Use Copyright 62

JIPL Online

NOVEMBER 1, 2021

Mods are beneficial for the video game industry, [3] but mods can threaten a company’s copyright exclusivity because of their status as derivative works. [4] 4] Mods that collect revenue by paywalls are likely to scare copyright holders into litigation. [5] Why Litigation Threats Do Not Match Realities of the Mod Community.

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Derivative Work Cease and Desist Blogging Litigation 59

Technology & Marketing Law Blog

OCTOBER 4, 2022

One weird piece: the court implies that a copyright owner can enforce violations of access control limits deployed by third parties, i.e., RIAA could sue Yout for Yout’s violation of YouTube’s access control technology. It sought a declaratory judgment that it did not violate 17 USC 1201(a)(1) or 1202. The complaint.

Cease and Desist 84

Cease and Desist Fair Use Copyright Blogging 84

Technology & Marketing Law Blog

DECEMBER 5, 2022

Day to Day Imports. * Court Mistakenly Thinks Copyright Owners Have a Duty to Police Infringement–Sunny Factory v. Okularity. * Copyright Plaintiffs Can’t Figure Out What Copyrights They Own, Court Says ¯_(?)_/¯. * A 512(f) Case Leads to a Rare Damages Award (on a Default Judgment)–California Beach v.

Marketing 74

Marketing Marketing Cease and Desist Fair Use 74

Technology & Marketing Law Blog

MARCH 6, 2022

Babybus runs a competitive channel that Moonbug believes infringes its copyrights. An example: Moonbug submitted takedown notices to YouTube covering at least 70 videos and sued Babybus for copyright infringement. Canning. * 17 USC 512(f) Preempts State Law Claims Over Bogus Copyright Takedown Notices–Amaretto v.

Fair Use 95

Fair Use Cease and Desist Copying Copyright Infringement 95

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 110

LexBlog IP

MARCH 24, 2023

The NCAA takes a proactive approach to protecting its intellectual property, often sending cease-and-desist letters to those it believes are infringing on its rights. ” Another area of intellectual property that the NCAA is concerned with is copyright.

Branding 40

Branding Brands Branding Cease and Desist 40

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. Source Capital alleges that no copyright violation took place at all. Hawai‘i Aug. McCandless * Anti-Circumvention Takedowns Aren’t Covered by 512(f)–Yout v.

Fair Use 63

Fair Use Cease and Desist Copyright Ownership 63

Technology & Marketing Law Blog

APRIL 1, 2023

TL;DR: a copyright takedown notice that doesn’t meet the elements of 512(c)(3) cannot give rise to a 512(f) clam. Specifically, the putative copyright owners didn’t send a proper 512(c)(3) takedown notice because: it lacked specific identification of the copyrighted works. ” Cite to ISE v. Alper Automotive v.

Fair Use 102

Fair Use Cease and Desist Contracts Ownership 102

Technology & Marketing Law Blog

AUGUST 8, 2021

The Television Academies sued Goodman for copyright infringement, trademark infringement and dilution, and defamation. Copyright Infringement/Fair Use. 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.

Fair Use 129

Fair Use Television Cease and Desist Copyright 129

The IPKat

MAY 26, 2023

Last year, former GuestKat Jan Jacobi reported both the Warsaw District Court’s Referral to the CJEU and AG Rantos’ Opinion on the TB v Castorama Polska and Knor litigation (see IPKat posts here and here ). One of TB's images Background TB (the Claimant), a natural person, owned certain images that are protected by copyright under Polish law.

Intellectual Property 67

Intellectual Property Cease and Desist IP Ownership 67

Technology & Marketing Law Blog

DECEMBER 15, 2021

A refresher: in 1998, Congress created a notice-and-takedown scheme for user-submitted items that allegedly infringe copyright. Copyright owners send takedown notices, and service providers either remove the items or lose the safe harbor. The DMCA’s main counterbalance to copyright owner overreach was supposed to be 512(f).

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Registration Fair Use Copyright Designs 111

TorrentFreak

DECEMBER 26, 2022

“Collaboration enables ACE members and the local content industry to speak to government officials with one voice about the need to better prioritize copyright enforcement. From: TF , for the latest news on copyright battles, piracy and more. This is a two-way street, as ACE also assists governments in local enforcement efforts.

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Cease and Desist Government Confidentiality Settlement 132

IP Tech Blog

NOVEMBER 29, 2023

18, 2023) , the plaintiff brought a lawsuit alleging copyright infringement because a photograph flashed on the screen during the “Tiger King 2” documentary depicted a tattoo of the now famous “Tiger King” (a/k/a “Joe Exotic”), that the plaintiff tattoo artist had inked. In Cramer v. Netflix, Inc. , 3:22-cv-131 (W.D.

Fair Use 62

Fair Use Cease and Desist Social Media Art 62

TorrentFreak

MARCH 10, 2022

The sites are taken down in a number of ways, from cease-and-desist warnings to full-blown litigation. From: TF , for the latest news on copyright battles, piracy and more. From a high of 1,400 illegal platforms in that region in 2019, various anti-piracy campaigns reportedly reduced that number to 238 in 2021.

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Cease and Desist Reporting Advertising Advertising 94