Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

These rights provide exclusive ownership and control over intangible assets, allowing creators to protect their innovations from unauthorised use, reproduction, or distribution. Copyrights: Copyrights protect original works of authorship such as software codes, artistic creations, literature, music, films, etc.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

TorrentFreak

FEBRUARY 8, 2023

While NFTs don’t grant copyrights, NFT owners are ‘rights’ holders in a sense, although the specifics may vary from project to project based on the fine print. In the past, major copyright holders have fiercely resisted novel technologies. The NFT simply creates a chain of alleged ownership of the particular copy.”

Non-Fungible Tokens 95

Non-Fungible Tokens Cease and Desist Intellectual Property Law Copying 95

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.

Fair Use 102

Fair Use Cease and Desist Contracts Ownership 102

LexBlog IP

MARCH 24, 2023

The lease agreement allows the NCAA to use the trademark “Sweet Sixteen” in its marketing, promotions, and other activities related to the tournament, but the KHSAA retains ownership of the trademark. ” 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

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.

Fair Use 97

Fair Use Cease and Desist Copyright Trademark 97

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. Hawai‘i Aug. Zoox * Surprise! Another 512(f) Claim Fails–Bored Ape Yacht Club v.

Fair Use 63

Fair Use Cease and Desist Copyright Ownership 63

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

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).

Blogging 126

Blogging IP Non-Fungible Tokens Cease and Desist 126

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

IIPRD

FEBRUARY 6, 2024

We will examine the fundamental ideas and rules of copyright, trademark, and patent laws as well as how they relate to various entertainment business sectors in this extensive book. Copyright and trademark are the most important IP rights in this industry.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

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.

Fair Use 103

Fair Use Cease and Desist Copyright Blogging 103

The IPKat

MAY 26, 2023

One of TB's images Background TB (the Claimant), a natural person, owned certain images that are protected by copyright under Polish law. The Claimant argued that Castorama Polska and Knor (the Defendant) infringed her copyright.

Intellectual Property 67

Intellectual Property Cease and Desist IP Ownership 67

LexBlog IP

JUNE 8, 2022

How are digital assets possessed and ownership proven? Digital assets, like NFTs and bitcoin, are registered on the blockchain to a specific wallet’s public address, proving ownership. Send a Cease and Desist Letter. For example, copyright claims must be brought in federal court. Take Judicial Action.

Cease and Desist 52

Cease and Desist IP Intellectual Property Ownership 52

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.

Fair Use 62

Fair Use Cease and Desist Social Media Art 62

Technology & Marketing Law Blog

MAY 2, 2022

The court remains skeptical of LinkedIn’s privacy-based arguments: LinkedIn has no protected property interest in the data contributed by its users, as the users retain ownership over their profiles. Are robots.txt, IP address blocks, or cease-and-desist letters still relevant to the CFAA at all? Eric’s Comments.

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

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

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.

Blogging 90

Blogging Social Media Television Fair Use 90

Copyright Lately

AUGUST 2, 2022

The full story behind Netflix’s copyright infringement lawsuit against Barlow & Bear, and why it’s actually a win for the fan fiction community. When it comes to copyright cases, Netflix has seen stranger things. Netflix could have sent Barlow & Bear a cease and desist letter hand-delivered by Regé-Jean Page.

Music 104

Music Derivative Work Fair Use Cease and Desist 104

LexBlog IP

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.

Fair Use 52

Fair Use Cease and Desist Social Media Art 52

Kashishipr

JULY 21, 2021

Proof of IP Ownership – IP Registration Certificate or Copyright Recordal Certificate is necessary. According to the policy of the e-commerce sites, the company may have created specific programs where IPR holders can register as a member to provide in advance IP ownership by filling in a standard form notice.

Branding 105

Branding Brands Branding Cease and Desist 105

Shades of Gray

MAY 20, 2016

I previously blogged about my favorite copyright dispute of all time, the infamous Monkey Selfie, here and here. where he asserted copyright ownership in the image, including by sending a cease and desist letter to Wikimedia for including the image in its database of public domain images. ” Compendium 313.2

Business 40

Business Cease and Desist Public Domain Copyright 40

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).

Registration 111

Registration Fair Use Copyright Designs 111

Art Law Journal

JUNE 30, 2022

Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work. Take these two commonly heard phrases: “I need to copyright my company name,” and “I want to patent my new idea.”.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

The TTABlog

JULY 29, 2021

Respondent, who then sent a cease-and-desist letter to petitioner, prompting the subject petition for cancellation. The Board observed that "[m]erely being a distributor does not confer ownership of a mark for the goods being distributed. Text Copyright John L. Welch 2021.

Registration 52

Registration Cease and Desist Ownership Advertising 52

Art Law Journal

JUNE 30, 2022

Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work. Take these two commonly heard phrases: “I need to copyright my company name,” and “I want to patent my new idea.”. How do I get a Copyright?

Intellectual Property 52

Intellectual Property IP Invention Designs 52

The TTABlog

JUNE 17, 2021

In November 2016, Respondent sent a cease-and-desist letter to Petitioner, demanding transfer of the domain name to Respondent. Text Copyright John L. Corcamore , 2020 USPQ2d 11277, at *7 (quoting Lexmark , 109 USPQ2d at 2068 (citation and quotation marks omitted)). Petitioner refused, but offered to sell the domain name for $1.2

Cease and Desist 52

Cease and Desist Registration Trademark Ownership 52

SpicyIP

JUNE 30, 2023

Image from here In a copyright dispute involving two giants of the media industry, Shemaroo sued Super Cassettes (SCIPL), in Shemaroo Entertainment Ltd vs Super Cassettes Industries Pvt Ltd and Ors , for allegedly publishing audio-visuals of songs from 24 films (suit films) without seeking prior permission from it.

Cease and Desist 98

Cease and Desist Ownership Copyright Publishing 98

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Ownership Registered trademarks are easier to enforce since they typically carry a presumption of ownership. Furthermore, several nations have put in place mechanisms that allow customs officials to investigate and confiscate counterfeit items that violate a registered trademark.

Business 52

Business Trademark Registration Cease and Desist 52

LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

IP Whiteboard

JUNE 7, 2021

This means that each time an NFT changes hands, the transaction is verified, adding a new record to the chain of ownership. The ownership of an NFT can be easily authenticated, meaning buyers can have confidence that they are buying the real deal. Digital works which are the subject of NFTs will often incorporate copyright material.

Non-Fungible Tokens 40

Non-Fungible Tokens IP Cease and Desist Ownership 40

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. while also acknowledging the pending applications for change of ownership. M/S Prestige Estates Projects vs M/S Falcon Shelters Pvt.

IP 100

IP Cease and Desist Patent Music 100

TorrentFreak

FEBRUARY 16, 2022

Early February the RIAA stepped in to issue a cease-and-desist against HitPiece.com, describing it as a scam site designed to mislead and defraud fans with its offer to sell them NFTs genuinely associated with artists. Muzzey responded with a strongly-worded cease-and-desist notice and he wasn’t the only one.

Music 137

Music Cease and Desist Non-Fungible Tokens Artwork 137