Cease and Desist Litigation Public Domain Social Media 
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.
The IP Law Blog
JANUARY 12, 2023
For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks.
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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.
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?
Technology & Marketing Law Blog
JUNE 21, 2023
Moreover, the Court clarified that trial courts can dispose of frivolous trademark infringement claims as a matter of law on a motion to dismiss under the Rogers test and the standard likelihood of confusion test: “That is not to say (far from it) that every infringement case involving a source-identifying use requires full-scale litigation.
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