IP Tech Blog
NOVEMBER 29, 2023
As a way to supplement her income, she put on a contest whereby her social media followers would buy gift certificates for future tattoos and would get to vote on one of several funny tattoos that would eventually be tattooed onto the artist’s husband. Netflix moved to dismiss the complaint on, among other grounds, fair use.
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.
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LexBlog IP
NOVEMBER 29, 2023
As a way to supplement her income, she put on a contest whereby her social media followers would buy gift certificates for future tattoos and would get to vote on one of several funny tattoos that would eventually be tattooed onto the artist’s husband. Netflix moved to dismiss the complaint on, among other grounds, fair use.
Technology & Marketing Law Blog
MAY 30, 2022
Judging from the Rusty Krab’s marketing efforts and social media promotion as detailed in Viacom’s complaint, the pop-up was far more focused on providing the backdrop for Instagram-worthy selfies than it was on producing edible food. The court spends more time on its likelihood of confusion analysis.
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.
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.
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]
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