Technology & Marketing Law Blog

MAY 30, 2022

The court lists among its conclusions of fact: “the pop-up is not a parody or caricature of SpongeBob, the Krusty Krab, or the SpongeBob SquarePants universe”; “the pop-up does not mimic Viacom’s intellectual property for purposes of commenting upon, or criticizing, the SpongeBob SquarePants universe (in whole or in part)”; and.

Blogging 94

Blogging Social Media Television Fair Use 94

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. More from our authors: Practical Guide to Successful Intellectual Property Valuation and Transactions.

Copyright 102

Copyright Cease and Desist Fair Use Publishing 102

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

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. We didn’t ask for permission to use their intellectual property.”.

Music 102

Music Derivative Work Fair Use Cease and Desist 102

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

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 82

Blogging Copyright Contracts Cease and Desist 82

SpicyIP

NOVEMBER 26, 2022

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

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.

Registration 115

Registration Fair Use Copyright Designs 115

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

JIPEL Copyright Blog

MARCH 21, 2022

scene in the past, things seemed to come to a head in November 2020 when Nintendo sent a cease-and-desist letter to the Tournament Organizers (TOs) of the Big House, an upcoming streamed Melee tournament, and subsequently forced them to cancel the event. Melee , know this better than anyone.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Cease and Desist Law 59

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

IPilogue

MARCH 2, 2022

Recently, Hermès has tested out the scope of their intellectual property rights in the metaverse. They seek monetary damages, an injunction to bar the further use of Hermès’ marks, a transfer of Rothschild’s metabirkins.com domain, and delivery of all unauthorized products and advertisements. . Is this Fair Use?

Cease and Desist 105

Cease and Desist Non-Fungible Tokens Fair Use Intellectual Property 105

Plagiarism Today

DECEMBER 8, 2022

While parody isn’t protected in the Constitution, fair use was codified into U.S. As the play got closer to opening, the Seuss estate sent cease and desist letters to try and stop it. used nothing from the source material beyond the characters and general plot points, Oh, the Places You’ll Boldly Go!

Cease and Desist 194

Cease and Desist Fair Use Artwork Plagiarism 194

LexBlog IP

APRIL 13, 2022

2] Dash originally planned to use SuperFarm, an NFT website, to mint and sell the NFT of the album. [3] Following the announcement, Roc-A-Fella’s attorneys sent cease-and-desist letters to SuperFarm and Dash. However, Damon lacked any individual interest in the copyright. [2] As a result, SuperFarm cancelled the auction. [5]

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

Technology & Marketing Law Blog

JUNE 21, 2023

As Professor Farley and I discuss in Part II of our paper, several circuits require a commercial use of the mark for infringement (or an exception for noncommercial speech) and dismiss lawsuits without applying all of the likelihood of confusion factors if the unauthorized use of the mark is not commercial speech. Redbubble, Inc. ,

Trademark 101

Trademark Blogging Trademark Law Fair Use 101