Cease and Desist Fair Use Marketing Television 
Technology & Marketing Law Blog
AUGUST 8, 2021
The video depicted its award as the well-known Emmy statuette with a coronavirus replacing the atom in the holder’s hands: The Television Academies, who own the IP rights to the statuette, targeted the video with a DMCA notice to YouTube, which YouTube honored. Copyright Infringement/Fair Use. ” Market Effect.
Technology & Marketing Law Blog
MAY 30, 2022
Finally, it points out Viacom is the owner of three valid trademark registrations for the KRUSTY KRAB mark and 400 copyright registrations covering “creative aspects of the SpongeBob SquarePants franchise,” including episodes from the animated television series, movies, drawings, and stylebooks featuring artwork from the franchise.
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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.
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. Signal 23 Television v. OK, I guess, but this is a reminder of how hard it is to win 512(f). Anthony, 2020 WL 11206863 (N.D.
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.
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.
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. ,
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