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Jean Paul Gaultier, Birth Your Own Venus

IPilogue

In April 2022 , Uffizi sent a cease-and-desist in response to Jean Paul Gaultier’s current use of the Birth of Venus , but the fashion brand never replied and continued its unauthorized use. . The public domain refers to works not protected by copyright, which means the works can be used without acquiring permission or paying a fee.

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3 Count: Extrinsic vs. Intrinsic

Plagiarism Today

The owners of Grease sent a cease and desist letter in August 2019 that resulted in performances of Vape being cancelled. Finally today, Rich Johnston at Bleeding Cool reports that ComicMix has announced it will release a series of “lost” Dr. Seuss stories, claiming that they are out of copyright and in the public domain.

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An Overview on Trademark Genericide

IP and Legal Filings

In the year 2012, the IPAB adjudicated that if a company takes elaborate measures to police the incorrect usage of their trademarks (which includes sending legal notices and cease and desist notices), the trademark in question will not be considered as a generic term. Subsequently, this decision was challenged by the appellant.

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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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Georgia On Our Minds: Annotations Authored by Legislators Not Eligible for Copyright Protection

Trademark and Copyright Law Blog

(“PRO”), a nonprofit organization dedicated to facilitating public access to government records and legal materials, posted the OCGA online and distributed copies to various organizations and Georgia officials. After several cease-and-desist demands, the Commission filed suit against PRO for infringing its copyright in the annotations.

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Monkey Business at the Ninth CircuitThe Monkey Selfie Strikes Back

Shades of Gray

where he asserted copyright ownership in the image, including by sending a cease and desist letter to Wikimedia for including the image in its database of public domain images. He left his camera unattended on the jungle floor, where a monkey grabbed it and took a series of handsome selfies, including this one.