Technology & Marketing Law Blog
MAY 13, 2024
By Kieran McCarthy Elon Musk may have done more to open the Internet to web scraping than any person or public interest advocacy group. This creates powerful new precedent that will make it easier for web scrapers to prevail in litigation and will make it much harder for websites to prevent scraping. He was trying to do the opposite.
Technology & Marketing Law Blog
DECEMBER 13, 2023
If nothing else, litigants know where they stand in these jurisdictions. And to characterize zero-click online terms of use that are imposed by cease-and-desist letter as enforceable contracts is horrible policy and bad law. But normative judgments aside, ProCD v. Zeidenberg is very clear with respect to copyright preemption.
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The IP Law Blog
JANUARY 12, 2023
An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain. Such inventions may be protectable under federal patent laws. However, there are precautionary steps a company can take to prevent unintended liabilities.
IIPRD
JANUARY 23, 2023
Patent are valid for the duration of 20 years before coming into public domain) Patent infringement can occur in two ways. 8] Cease and desist letters are also measures to tackle such infringement wherein the seller is demanded to stop the sale of the product and never sell it again.
Technology & Marketing Law Blog
DECEMBER 15, 2021
To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. The 512(f) plaintiff wins after 3 years of litigation and a bench trial. Amazon is a key player in this litigation, but the court doesn’t address its responsibility at all. A New 512(f) Plaintiff Win! So what did it win?
Copyright Lately
AUGUST 2, 2022
Netflix could have sent Barlow & Bear a cease and desist letter hand-delivered by Regé-Jean Page. Justice Ginsburg upheld the precise “wait and see” approach to copyright litigation adopted by Netflix: It is hardly incumbent on copyright owners. Even better, it’s in the public domain.
SpicyIP
MAY 15, 2023
Other Posts World of Possibilities: Single Judge Bench of Delhi High Court Allows Use of Celebrity Information Available in Public Domain Delhi High Court specifies some contours of publicity rights in India! Gaurangi Kapoor highlights the key aspects of the litigation and writes on the findings of the court.
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