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An Overview on Trademark Genericide

IP and Legal Filings

A trademark refers to a name, mark, or sign through which the products belonging to a company or a person can be distinguished from other products in the market. Firstly, trademarks help distinguish one product from another in the market. Primarily, trademarks perform four functions. Trademark genericide and its contributive factors.

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Elon Musk’s Gifts to Web Scrapers (Guest Blog Post)

Technology & Marketing Law Blog

And that, in turn, further restricts what should be in the public domain and gives companies power to create property rights where none are otherwise granted in the law. Facebook objected and sent a cease-and-desist letter. Here, the court agreed, and dismissed Twitter’s breach-of-contract claims on that basis.

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Guest Book Review: The Copyright/Trademark Interface: How the Expansion of Trademark Protection is Stifling Cultural Creativity

The IPKat

The title of this book clearly sets out its premise: trademark protection has encroached into what used to be solely copyright’s domain, resulting in an undesirable over-protection of works which impoverishes the public domain and restricts others’ creative endeavours.

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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

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. The whole point of copyright preemption is that Congress sought to prevent states from infringing on the public domain and undermining key concepts of copyright law.

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Analysing Amazon’s Strategic Approach to Tackle Patent Infringement

IIPRD

It further expanded its domain as a manufacturer by establishing a market for its self-made products such as kindle for e-book services, audiobook and ‘cloud computing’ web storage services. Patent are valid for the duration of 20 years before coming into public domain) Patent infringement can occur in two ways.

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Why Netflix’s “Bridgerton” Lawsuit is Good for Fan Fiction

Copyright Lately

Netflix could have sent Barlow & Bear a cease and desist letter hand-delivered by Regé-Jean Page. For now, suffice it to say that Barlow & Bear haven’t exactly dedicated their musical to the public domain. Even better, it’s in the public domain. ” Ok, But What If I Wrapped This Up Already?

Music 104
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A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

In making this finding I draw an adverse inference from Defendant’s failure to initiate litigation against Plaintiff…by November 19, 2018, Defendant was using the DMCA Takedown Notices to suppress a market competitor rather than to enforce a legitimate good faith claim of copyright infringement. Signal 23 Television v.