TorrentFreak

NOVEMBER 3, 2023

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 nu also asked for a litigation hold in anticipation of future legal action. For now, they prefer to take on one battle at a time.

Cease and Desist 88

Cease and Desist Music Copying Fair Use 88

TorrentFreak

JANUARY 29, 2024

However, the Internet Archive (IA) sees things differently, believing that the ‘Great 78 Project’ is fair use. Specifically, IA argues that many of the works should be removed from the lawsuit, as the labels failed to take timely action following a cease and desist letter the RIAA sent in 2020.

Music 102

Music Cease and Desist Copyright Copyright Law 102

Dear Rich IP Blog

FEBRUARY 24, 2023

But if you're mass producing them and the athlete's law firm learns of your activity, you may receive a cease and desist letter. Keep in mind that when the athlete's image is used on merchandise, the right of publicity is not considered (or preempted as) a copyright claim.

Cease and Desist 52

Cease and Desist Fair Use Art Copyright 52

TorrentFreak

JANUARY 29, 2024

However, the Internet Archive (IA) sees things differently, believing that the ‘Great 78 Project’ is fair use. Specifically, IA argues that many of the works should be removed from the lawsuit, as the labels failed to take timely action following a cease and desist letter the RIAA sent in 2020.

Music 81

Music Cease and Desist Copyright Copyright Law 81

LexBlog IP

NOVEMBER 29, 2023

The twists and turns of the case have some fun details, including Plaintiff demanding $10 million from Netflix in a pre-filing cease and desist letter (Netflix declined to pay), but we will focus on the legal issues. Netflix moved to dismiss the complaint on, among other grounds, fair use. Lynn Goldsmith, et al. ,

Fair Use 52

Fair Use Cease and Desist Social Media Art 52

Dear Rich IP Blog

SEPTEMBER 26, 2023

If you can afford it, have an attorney write a cease and desist letter. Some who copy may have fair use defenses. If you can afford it, have an attorney file a copyright suit, or if you are a go-getter with a DIY mindset, consider filing a case in the Copyright Small Claims court. Review the facts before you make threats.

Copyright Notice 59

Copyright Notice Copyright Cease and Desist Copying 59

Technology & Marketing Law Blog

AUGUST 8, 2021

Copyright Infringement/Fair Use. The Crony graphic appeared as the video’s thumbnail image and in the video’s first 10 seconds, so it was not a de minimis use. The Crony graphic also doesn’t qualify for fair use: Nature of Use. The court rejects Goodman’s motion to dismiss.

Fair Use 129

Fair Use Television Cease and Desist Copyright 129

Technology & Marketing Law Blog

MARCH 6, 2022

“Plaintiff’s takedown letters and supporting document establish facially plausible claims of infringement, and Babybus does not allege a plausible basis for a fair use defense.” Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

Fair Use 94

Fair Use Cease and Desist Copying Copyright Infringement 94

Technology & Marketing Law Blog

APRIL 29, 2023

Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Klein * 9th Circuit Sides With Fair Use in Dancing Baby Takedown Case–Lenz v.

Fair Use 96

Fair Use Cease and Desist Copyright Trademark 96

Technology & Marketing Law Blog

DECEMBER 5, 2022

Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Klein. * 9th Circuit Sides With Fair Use in Dancing Baby Takedown Case–Lenz v.

Marketing 74

Marketing Marketing Cease and Desist Fair Use 74

Technology & Marketing Law Blog

OCTOBER 4, 2022

Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Klein. * 9th Circuit Sides With Fair Use in Dancing Baby Takedown Case–Lenz v.

Cease and Desist 84

Cease and Desist Fair Use Copyright Blogging 84

Technology & Marketing Law Blog

MARCH 15, 2022

Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Klein. * 9th Circuit Sides With Fair Use in Dancing Baby Takedown Case–Lenz v.

Copyright 125

Copyright Cease and Desist Fair Use Litigation 125

Intellectual Property Law Blog

JUNE 16, 2023

7”, the arched logo, the stylized label and distinctive bottle, sent a cease and desist letter demanding that VIP Products LLC (“VIP”) stop selling its “Bad Spaniels” chewable dog toy featuring the descriptive phrase “The Old No. 7 Brand Tennessee Sour Mash Whiskey” into “The Old No. 1125(c)(3)(A).

Fair Use 130

Fair Use Trademark Cease and Desist Designs 130

Technology & Marketing Law Blog

AUGUST 18, 2022

Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Klein. * 9th Circuit Sides With Fair Use in Dancing Baby Takedown Case–Lenz v.

Fair Use 102

Fair Use Cease and Desist Copyright Blogging 102

Technology & Marketing Law Blog

AUGUST 16, 2023

Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Klein * 9th Circuit Sides With Fair Use in Dancing Baby Takedown Case–Lenz v.

Ownership 61

Ownership Cease and Desist Fair Use Copyright 61

Plagiarism Today

OCTOBER 26, 2021

Besides, even if a rightsholder did decide to target such home uses (which would likely be against their self-interest), it is almost certain that it would be found to be a fair use. However, commercial use of costumes still raises legal questions.

Copyright 238

Copyright Trademark Cease and Desist Copying 238

Technology & Marketing Law Blog

NOVEMBER 30, 2023

Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Klein * 9th Circuit Sides With Fair Use in Dancing Baby Takedown Case–Lenz v.

Fair Use 62

Fair Use Cease and Desist Copyright Ownership 62

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. Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith was not paid or credited for this use. 107), “when it conveys a different meaning or message from its source material.”

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

SpicyIP

AUGUST 22, 2022

Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice. The bulk of the judgement focussed on the non-commercial social-commentary aspect of the game to carve out an exception for such use, which may result in future courts holding non-commercial use as a necessary condition.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

LexBlog IP

JUNE 9, 2023

Jack Daniels sent a cease and desist letter to VIP shortly after the product launched. Here, the record presented evidence—including even VIP’s own admission—that VIP used the design elements as a source identifier for its products. 7, is replaced with a numeric nod to dog excrement. In Andy Warhol Found.

Trademark 52

Trademark Cease and Desist Fair Use Branding 52

IPilogue

DECEMBER 7, 2021

Dorland and her lawyer sent various cease and desist letters to Larson and her publishers, but it wasn’t until Dorland happened upon an audio recording of an earlier iteration of “The Kindest” that she decided to take action.

Copyright Infringement 111

Copyright Infringement Art Copyright Cease and Desist 111

Technology & Marketing Law Blog

APRIL 1, 2023

Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Klein * 9th Circuit Sides With Fair Use in Dancing Baby Takedown Case–Lenz v.

Fair Use 101

Fair Use Cease and Desist Contracts Ownership 101

Kluwer Copyright Blog

DECEMBER 14, 2022

At least one medical device manufacturer took issue with the online library and sent iFixit a cease-and-desist letter, citing its exclusive rights under copyright to reproduce and communicate the repair information online. Citing the U.S. Citing the U.S.

Copyright 103

Copyright Cease and Desist Fair Use Publishing 103

TorrentFreak

APRIL 27, 2022

But would that be illegal under US copyright law? Under the doctrine of fair use, the law allows people to use portions of a copyrighted work without first obtaining permission from the owner. However, since fair use is a defense, conflicts need to be settled in court. Reporting Facts?

Cease and Desist 62

Cease and Desist Copyright Infringement Fair Use Copyright 62

Technology & Marketing Law Blog

DECEMBER 13, 2023

And many of the sites where the data is collected also have prohibitions on automated data collection and web scraping in their terms of use. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. But fair use isn’t a defense to a breach of contract claim.

Blogging 77

Blogging Copyright Contracts Cease and Desist 77

IP and Legal Filings

MARCH 5, 2024

It gave them the ability to sue in court to stop infringement and recover damages for unapproved use of their marks. Trademark owners frequently used cease and desist letters to pressure infringers to stop using their marks without authorization before taking legal action.

Trademark 90

Trademark Social Media Advertising Advertising 90

Technology & Marketing Law Blog

MAY 30, 2022

The Rusty Krab court expands upon these points in its subsequent section detailing findings of law, but its discussion is fairly conclusory, mainly comprising maxims about what a parody is and isn’t rather than specific discussion of the defendants’ use and why it fails to qualify.

Blogging 90

Blogging Social Media Television Fair Use 90

Copyright Lately

AUGUST 2, 2022

Netflix could have sent Barlow & Bear a cease and desist letter hand-delivered by Regé-Jean Page. While Barlow & Bear may now try to argue that their work constitutes fair use, it’s a weak defense in this case. Just as remarkable as Barlow & Bear’s success was Netflix’s response.

Music 105

Music Derivative Work Fair Use Cease and Desist 105

LexBlog IP

JUNE 16, 2023

7”, the arched logo, the stylized label and distinctive bottle, sent a cease and desist letter demanding that VIP Products LLC (“VIP”) stop selling its “Bad Spaniels” chewable dog toy featuring the descriptive phrase “The Old No. 2 on your Tennessee carpet” tarnishes the Jack Daniels trademark.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

LexBlog IP

JUNE 16, 2023

7”, the arched logo, the stylized label and distinctive bottle, sent a cease and desist letter demanding that VIP Products LLC (“VIP”) stop selling its “Bad Spaniels” chewable dog toy featuring the descriptive phrase “The Old No. 2 on your Tennessee carpet” tarnishes the Jack Daniels trademark.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

JIPL Online

NOVEMBER 1, 2021

19] After classifying the mod as derivative, the court rejected other protections such as fair use doctrine as defenses to the paid mod. [20] 32] RuneLite HD only shut down in the first place due to a cease and desist letter from the publisher. First, the derivative work had to exist in a concrete and permanent form. [16]

Derivative Work 59

Derivative Work Cease and Desist Blogging Litigation 59

Technology & Marketing Law Blog

DECEMBER 15, 2021

The court also credits the self-serving claim by the successor licensee that it considered fair use by comparing the works and evaluating if the works were being sold commercially or for other purposes. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Federici. * Biosafe-One v.

Registration 110

Registration Fair Use Copyright Designs 110

SpicyIP

NOVEMBER 26, 2022

Kartik and Aditya are 2nd year students at NLSIU, Bengaluru, and had earlier written for us here and here. In the last week of October, NSE proceeded to issue cease and desist notices to stock gaming apps to prevent them from using its data in their gaming apps that mirror the real-time trading of shares.

Copyright 105

Copyright Cease and Desist Copyright Law Copying 105

The IPKat

JULY 22, 2021

Here, Senftleben flags an important corrosive effect on cultural innovation, especially having regard to the chilling effect of well-aimed cease-and-desist letters. Whilst this may be desirable in copyright which requires a dynamic paradigm, might trademark law’s static focus precludes a fair-use-type analysis?

Trademark 57

Trademark Public Domain Copyright Cease and Desist 57

LexBlog IP

JUNE 5, 2023

’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith was not paid or credited for this use. Section 107 of the Copyright Act provides that “fair use of a copyrighted work.

Fair Use 52

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. Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith was not paid or credited for this use. Section 107 of the Copyright Act provides that “fair use of a copyrighted work.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

The IPKat

JULY 9, 2023

It emerges that brands should pay for the use of street artworks. 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. Protection can be achieved through solid contractual clauses for works produced on commission.

Art 57

Art Copyright Moral Rights Cease and Desist 57