Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

IPRs are crucial for startups as they safeguard their unique ideas and creations, enabling them to establish a competitive edge in the market. Trade Secrets: Trade secrets encompass confidential information critical for a startup’s success; this may include formulas, processes, customer lists, marketing strategies etc.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

Technology & Marketing Law Blog

MARCH 15, 2022

That’s by design–the DMCA was designed to resolve matters outside of court. Now, imagine the rightsowner also overclaimed trade dress protection for its sage leave design. Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. MGA Entertainment.

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Copyright Cease and Desist Fair Use Litigation 127

Technology & Marketing Law Blog

APRIL 29, 2023

Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. Summit Entertainment * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. HSI * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. MGA Entertainment The post Surprise!

Fair Use 97

Fair Use Cease and Desist Copyright Trademark 97

Technology & Marketing Law Blog

AUGUST 16, 2023

By design, it seeks to push questions over ownership to court, rather than have the intermediary service try to resolve those question. Babybus Network Technology Co. , Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. Zoox appeared first on Technology & Marketing Law Blog.

Ownership 63

Ownership Cease and Desist Fair Use Copyright 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. Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v.

Cease and Desist 85

Cease and Desist Fair Use Copyright Blogging 85

Technology & Marketing Law Blog

AUGUST 25, 2022

The Court held that hiQ raised at least serious questions going to the merits of its California Unfair Competition Law (“UCL”) claim and the applicability of the CFAA, based in part on the alleged anti-competitive conduct designed to suppress hiQ’s competitive products. LinkedIn appeared first on Technology & Marketing Law Blog.

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Cease and Desist Business Litigation Law 83

Technology & Marketing Law Blog

OCTOBER 28, 2022

But much of this business model is contingent on being able to sell flights directly through Ryanair’s site to control the market for ancillary services. As usual in these types of cases, Ryanair sent cease-and-desist letters to Booking telling it to stop. That’s not what the statute is designed to prevent.

Blogging 87

Blogging Cease and Desist Business Litigation 87

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. The accessibility of Internet markets and the ease with which information may be shared have given rise to new opportunities for trademark infringement.

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Trademark Social Media Advertising Advertising 86

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

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. This seems like a question that must be answered before granting equitable relief designed to help it continue operating its business… ¯_(?)_/¯.

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Cease and Desist Contracts Privacy Business 111

Technology & Marketing Law Blog

MARCH 6, 2022

Babybus (Fujian) Network Technology Co. Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. Babybus appeared first on Technology & Marketing Law Blog.

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Fair Use Cease and Desist Copying Copyright Infringement 96

Technology & Marketing Law Blog

NOVEMBER 30, 2023

Instead, Source Capital alleges the DMCA takedown notices were “knowingly false” and designed to kick Source Capital out of the Google search results during the high season. Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. Barrett Financial appeared first on Technology & Marketing Law Blog.

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Fair Use Cease and Desist Copyright Ownership 64

Technology & Marketing Law Blog

AUGUST 8, 2021

” Market Effect. “Plaintiffs have adequately alleged that a member of the general online public ‘might see the EMMY Statuette Design as used by Defendant and mistakenly believe that there is a link between Plaintiffs and Defendant or find the association offensive, thus tarnishing the mark.'” ” UGH, no.

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Fair Use Television Cease and Desist Copyright 130

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. Summit Entertainment * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v.

Fair Use 102

Fair Use Cease and Desist Contracts Ownership 102

Technology & Marketing Law Blog

AUGUST 18, 2022

Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. Day to Day Imports appeared first on Technology & Marketing Law Blog. MGA Entertainment.

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Fair Use Cease and Desist Copyright Blogging 104

Kluwer Copyright Blog

DECEMBER 14, 2022

By opening the ability to conduct repairs to everyday people, it seeks to extend product lifespan, reduce waste, encourage market competition, increase consumer choice, and facilitate innovative processes. Citing the U.S. Anthony Rosborough is a PhD Researcher at the European University Institute under the supervision of Professor Peter F.

Copyright 103

Copyright Cease and Desist Fair Use Publishing 103

IIPRD

FEBRUARY 6, 2024

A thorough awareness of intellectual property laws is crucial, regardless of your career goals—be they that of a fashion designer, singer, filmmaker, or just someone curious about the legal side of entertainment. It could be a phrase, mark, motto, or even just a combination of colors or sounds.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

Technology & Marketing Law Blog

AUGUST 24, 2023

But as technology improved, this legal theory stopped making as much sense. Also in the couple of weeks, Microsoft affiliate OpenAI released a product called GPTbot, which is designed to scrape the entire internet. The post Web Scraping for Me, But Not for Thee (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

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Blogging Contracts Intellectual Property Social Media 96

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. Defendant had not obtained the Deposit Design from the Copyright Office. Defendant had not tried to find out why Amazon kept reinstating Plaintiff’s listing.

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Registration Fair Use Copyright Designs 111

Kashishipr

JULY 21, 2021

The world’s largest markets for e-commerce are the United States of America, China, the United Kingdom, etc., Counterfeit goods can include fake designer clothes, bags, watches, accessories, perfumes, pirated DVDs, CDs, smartphones, computer games, and many more. Takedown notices, cease and desist notices, etc.,

Branding 105

Branding Brands Branding Cease and Desist 105

IP Tech Blog

AUGUST 17, 2022

The case was adjudicated in 2022 by the Weihai Market Supervision and Administration Bureau of Shandong Province in favor of Tsingtao Brewery and has been selected as a model trademark enforcement case by the State Administration for Market Regulation. Is this however a case of trademark infringement? Tsingtao’s choice.

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104

Technology & Marketing Law Blog

DECEMBER 9, 2022

There is the famous example of NYU data researchers who received a cease-and-desist letter from Facebook/Meta for doing research on Facebook’s algorithm. The post Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2) appeared first on Technology & Marketing Law Blog.

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Blogging Law Contracts Cease and Desist 117

Barry Sookman

MAY 3, 2020

link] 2020-04-30 Scientists use artificial intelligence to crack novel coronavirus genome signature [link] 2020-04-30 The World Embraces Contact-Tracing Technology to Fight Covid-19 – Bloomberg [link] 2020-04-30 Can AI Save Us from COVID-19? We Might Get Apps Instead.

Privacy 52

Privacy Cease and Desist Technology Copyright 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. The injunction restrained the Appellant from using the Respondent’s registered patent on smart bin technology and related material.

Designs 52

Designs Design Trademark Cease and Desist 52

LexBlog IP

SEPTEMBER 14, 2021

The SEC sanctions included both cease-and-desist orders and financial penalties against investment advisors and broker-dealers for violation of the Safeguards Rule. Transfer Risk Assessment (TRA) : Designed for use alongside the IDTA, the ICO is seeking input on its draft TRA.

Privacy 52

Privacy Cease and Desist Government Reporting 52

Corsearch

NOVEMBER 28, 2023

They’re not always outside of your supply chain either – they can be ‘insiders’ creating more supply than contracted or selling outside of agreed markets. They thrive on the market of constantly changing offers and flash-sales, with fake products disguised among genuine discounted goods.

Branding 52

Branding Brands Branding Cease and Desist 52

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Sometimes marketing departments and independent divisions spin out valuable intellectual property assets that, for one reason or another, never made it past the desk of general counsel or a responsible executive.

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IP Intellectual Property Social Media Cease and Desist 98

Technology & Marketing Law Blog

MARCH 28, 2023

Meta sent Bright Data a series of cease-and-desist notices telling it to stop. But when the case returned to the district court after the initial ruling on the temporary restraining order, hiQ’s antitrust arguments were dismissed for failure to properly identify the relevant market in which LinkedIn has a monopoly.

Blogging 105

Blogging Cease and Desist Contracts Marketing 105

LexBlog IP

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Also, if the company has changed the graphic user interface to any of its technology products or has changed product packaging, point of sale displays, or product design, these may also be protectable trade dress.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

SpicyIP

DECEMBER 24, 2023

The Plaintiff issued a cease and desist letter against the use of such marks and the Defendant agreed to settle the claim, but not to discontinue use of its erstwhile company name. For this, the court took an in-depth assessment of India’s obligations under TRIPS and the scheme of the GI Act. Institute of Directors v.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

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. Punjab Agricultural University was granted a national patent in indigenous hybrid hydroponic technology. for approvals.

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IP Cease and Desist Patent Music 100

Technology & Marketing Law Blog

JUNE 21, 2023

1125(c)(3)(C) by claiming its humorous use of the Jack Daniel’s marks was not pure commercial speech because it poked fun at the company in the Bad Spaniels design. Parody doctrine can apply when a similar mark is used as a designation of source, such as in the Chewy Vuiton case. Source-identifying uses of marks.

Trademark 100

Trademark Blogging Trademark Law Fair Use 100

Technology & Marketing Law Blog

NOVEMBER 27, 2023

Tam ” (2018), and my guest post on Eric Goldman’s Technology and Marketing Law Blog written after the Federal Circuit’s decision in In re Elster.) Elster (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

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Registration Trademark Blogging Law 74