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

Technology & Marketing Law Blog

Pilgrim Films & Television, Inc. , 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. Zeidenberg approach. There is certainly an argument that the Ninth Circuit has adopted the logic of ProCD v. Zeidenberg. See Montz v.

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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

30, 2021): Plaintiff alleges that Defendants knew that Defendant Wagner did not own the copyright to the images that Plaintiff posted on its social media channels, because Wagner abandoned the copyrights when he executed the Stipulation of Settlement, which dedicated the intellectual property rights of the images to the public domain.

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SpicyIP Weekly Review (March 20-March 25)

SpicyIP

The Court allowed the application and permitted the plaintiff to place the additional documents on record as despite the documents being available in the public domain at the time of filing of the suit, the need for filing the aforesaid documents arose only on account of the stand taken by the defendants in the written statement.

Designs 105
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Resolving Conflicts Between Trademark and Free Speech Rights After Jack Daniel’s v. VIP Products (Guest Blog Post)

Technology & Marketing Law Blog

It could still apply to a dilution claim if the defending party claimed trademark rights in (1) a title for a television series (such as “Empire”), (2) the name of a political or religious organization, or (3) a political phrase for T-shirts. The Justices did not add a non-trademark use of the mark requirement to the text of 15 U.S.C.