TorrentFreak

SEPTEMBER 9, 2021

With studios initially unable or reluctant to distribute their works through official channels, piracy platforms of all kinds sought to fulfill demand and as a result, gained a significant foothold in the market. AnimeGlare – Cease-and-Desist. Anime app ‘Shiro’ also reported receiving a DMCA takedown this week.

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Cease and Desist Copying Reporting Law 144

TorrentFreak

OCTOBER 8, 2022

Still fresh after obtaining a judgment worth more than half a billion dollars against an IPTV seller in May, DISH quickly filed a new lawsuit against the alleged operators of PrimeStreams, one of the most recognizable brands in the market. Not even a cease-and-desist convinced him to stop. So what happened to Firestick Steve?

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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. ” Copyright owners don’t have any policing duty. See, e.g., Petrella v. Metro-Goldwyn-Mayer, Inc. , Metro-Goldwyn-Mayer, Inc. ,

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Copyright Fair Use Cease and Desist Litigation 128

TorrentFreak

AUGUST 25, 2021

More specifically, users could install pirate applications on their Android devices via unofficial sources,” ACE reports. ” ACE provides no specific details on the terms of the shutdown but, if similar actions are any yardstick, a cease-and-desist notice and some kind of settlement were likely involved.

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TorrentFreak

JULY 30, 2023

Their responses consisted mostly of denials, quite a few statements indicating a lack of knowledge, a scattering of affirmative defenses, and a concession that the plaintiffs had indeed sent cease and desist letters in both April and June 2021. S 1201 (“DMCA”). S 1201 (“DMCA”).

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Cease and Desist Reporting Business Technology 76

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. German copyright law stipulates that the author is entitled to appropriate remuneration for every use of their work (Section 32 UrhG). These provisions served as, among other things, models for Articles 18 and 20 in the new DSM Copyright Directive (2019/790).

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Contracts Copyright Law Cease and Desist 98

TorrentFreak

DECEMBER 6, 2022

ACE now reports on developments every few days, but that barely scratches the surface. Producing articles on them all isn’t feasible but when ACE announced that United Media had joined the coalition this week, it stood out as something worthy of more detailed reporting. United Media: No Stranger to Piracy.

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Technology & Marketing Law Blog

MAY 13, 2024

. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright. I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright.

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Blogging Contracts Cease and Desist Social Media 96

TorrentFreak

APRIL 11, 2022

In 2013, Afdah.com entered the already crowded market and quickly attracted millions of users tempted by a comprehensive library of copyright-infringing movies. But of course, along with a rise in Afdah’s popularity came increased interest from copyright holders determined to shut down or disrupt the site.

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The IPKat

JANUARY 2, 2022

COPYRIGHT Giovanni Maria Riccio and Fabiola Iraci Gambazza (E-Lex law firm) reported on the recent publication of the European Audiovisual Observatory entitled " Mapping report on national remedies against online piracy of sports content ", commissioned by the European Commission. disputes between domain names and trademarks).

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Blogging IP Non-Fungible Tokens Cease and Desist 126

Intellectual Property Law Blog

JUNE 5, 2023

s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. The Supreme Court granted certiorari in March 28, 2022, presenting the question of whether a work of art is “transformative” for purposes of a fair use defense under the Copyright Act (17 U.S.C. § The nature of the copyrighted work.

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Fair Use Licensing Cease and Desist Derivative Work 130

TorrentFreak

JANUARY 21, 2022

In reponse to rampant cheating in Call of Duty games, earlier this month Activision filed a copyright infringement lawsuit against cheat maker EngineOwning UG and CMN Holdings S.A. In 2017 and 2018, its lawyers wrote to them several times, demanding that they cease and desist. Supporting court documents here ( 1 , 2 , 3 , pdf).

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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. Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v.

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Fair Use Cease and Desist Copyright Trademark 98

Intepat

MAY 28, 2024

The logo, consisting of a stylized apple with a bite taken out of it, is instantly recognizable amongst the consumer base and needs no introductions amongst the market & trade channels. has invested heavily in marketing and brand promotion, making its trademark well-known to consumers. Prior Registration and Use: Apple Inc.

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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.

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Cease and Desist Fair Use Copyright Blogging 86

TorrentFreak

JANUARY 8, 2022

In the summer of 2018, a report from anti-piracy company Irdeto examined the payment processing abilities of 400 pirate IPTV supplier sites. If media organizations threaten to vote with their feet against payment platforms that enable piracy, it’ll be fascinating to see who blinks first,” the report said. But by whom?”

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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. Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v.

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Ownership Cease and Desist Fair Use Copyright 63

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.

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Fair Use Cease and Desist Copying Copyright Infringement 97

Technology & Marketing Law Blog

APRIL 1, 2023

. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. TL;DR: a copyright takedown notice that doesn’t meet the elements of 512(c)(3) cannot give rise to a 512(f) clam. I’m going to focus on the 512(f) claim. ” Cite to ISE v.

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Fair Use Cease and Desist Contracts Ownership 103

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. Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. Hawai‘i Aug.

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Fair Use Cease and Desist Copyright Ownership 65

TorrentFreak

MARCH 10, 2022

As our regular reports here on TF illustrate, no one can deny that the team is achieving those goals. The exact impact is hard to evaluate since ACE/MPA do not always publicly report all of their successes. Indeed, we report way more than they do but according to van Voorn, the North American market is being hit hard.

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Technology & Marketing Law Blog

AUGUST 18, 2022

The Copyright Office registered this work: The registration makes sense with the landscape backgrounds. Court Mistakenly Thinks Copyright Owners Have a Duty to Police Infringement–Sunny Factory v. Canning. * 17 USC 512(f) Preempts State Law Claims Over Bogus Copyright Takedown Notices–Amaretto v. The Lower Court Ruling.

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Fair Use Cease and Desist Copyright Blogging 104

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. ” Market Effect. 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.

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Fair Use Television Cease and Desist Copyright 130

Technology & Marketing Law Blog

MAY 30, 2022

Recently, a district court in the same circuit took up a very similar issue, assessing Viacom’s trademark and copyright infringement claims against the owner and operator of a pop-up restaurant and bar called The Rusty Krab.

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Blogging Social Media Television Fair Use 92

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. MSM Discovery Pvt.

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Designs Design Cease and Desist Art 105

Kluwer Copyright Blog

NOVEMBER 29, 2021

Article 17 has been a (the) leading buzzword of the copyright reforms of the European Union in recent years (at least half a decade already). As of June 6, 2021, however, only a handful of Member States have implemented Directive 2019/790/EU (Copyright in the Digital Single Market; hereinafter CDSMD). There was no need to do so.

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Cease and Desist Copyright Government Publishing 113

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 112

LexBlog IP

JUNE 5, 2023

’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. The Supreme Court granted certiorari in March 28, 2022, presenting the question of whether a work of art is “transformative” for purposes of a fair use defense under the Copyright Act (17 U.S.C. §

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Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. The Supreme Court granted certiorari in March 28, 2022, presenting the question of whether a work of art is “transformative” for purposes of a fair use defense under the Copyright Act (17 U.S.C. §

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Fair Use Licensing Cease and Desist Derivative Work 52

Barry Sookman

MAY 3, 2020

Neutron – Technology & Marketing Law Blog [link] 2020-04-26 Changes Result in the Alberta Electronic Transactions Act Applying to Employment and Other Records [link] 2020-04-26 Redbox’s Terms of Use Fail (OUCH)-Wilson v.

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Privacy Cease and Desist Technology Copyright 52

SpicyIP

MAY 15, 2023

The series presently contains 50+ Copyright related empirical studies and 50+ Patent related empirical studies published over the period of the last 15 years, and this will continue to be expanded over time. Case: Holyland Marketing Pvt. Inviting Applications for the SpicyIP Doctoral Fellowship! vs Vijay Pal Vineet Kumar And Co.

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Trademark Registration Cease and Desist IP 104

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. Copyright Claims: Roc-A-Fella Records Inc.

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Non-Fungible Tokens Social Media Contracts Branding 52

SpicyIP

DECEMBER 24, 2023

From an in-depth discussion on the terms of copyright and translations in India to the recent UK Supreme Court’s order regarding the patentability of inventions by an AI, we had some engaging posts on this blog this week. To read these, along with a round up of IP developments around the country, and world, read on below.

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Registration Trademark Copyright Registering Trademarks 52

Technology & Marketing Law Blog

NOVEMBER 27, 2023

Examples of trademark experts with this view include professors Rebecca Tushnet and Jennifer Rothman ; attorneys Megan Bannigan, David Bernstein, Timothy Cuffman , and Jon Jekel ; and news reporters from the New York Times ( Adam Liptak ) and Bloomberg ( Greg Stohr ). Tam ” (pages 433 n. 150 and 449 n.

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IP Whiteboard

JUNE 7, 2021

Digital works which are the subject of NFTs will often incorporate copyright material. Copyright is a bundle of exclusive rights that protects original expression if that expression is in a material or tangible form. Multiple pieces of copyright material may exist in a single digital work.

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Non-Fungible Tokens IP Cease and Desist Ownership 40

SpicyIP

FEBRUARY 13, 2023

Highlights of the Week The Copyright Quandary regarding the Delhi High Court Rules on Live-streaming of Court Proceedings Recently Delhi High Court came up with ‘Live Streaming and Recording of Court Proceedings Rules’ which would be a positive step towards assuring better access to law and transparency.

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Designs Design Trademark Cease and Desist 52

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.

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