Technology & Marketing Law Blog

APRIL 29, 2023

” As for the remaining copyright-based takedown notice, the court says it doesn’t matter that BAYC didn’t have a copyright registration for the work at issue because unregistered works are still protectable. Summit Entertainment * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v.

Fair Use 97

Fair Use Cease and Desist Copyright Trademark 97

Technology & Marketing Law Blog

MARCH 6, 2022

Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. Hawks. * New(ish) Report on 512 Takedown Notices. * Can 512(f) Support an Injunction? Ozimals. * 17 USC 512(f) Claim Against “Twilight” Studio Survives Motion to Dismiss–Smith v. MGA Entertainment.

Fair Use 95

Fair Use Cease and Desist Copying Copyright Infringement 95

Technology & Marketing Law Blog

MARCH 15, 2022

Fuxi, the putative copyright owner, has a registration for an image of printed sage leaves (the left image): The alleged infringer, the Sunny Factory, sells the candles on the right on Amazon. Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. MGA Entertainment.

Copyright 126

Copyright Cease and Desist Fair Use Litigation 126

Technology & Marketing Law Blog

AUGUST 18, 2022

The Copyright Office registered this work: The registration makes sense with the landscape backgrounds. Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. Hawks. * New(ish) Report on 512 Takedown Notices. * Can 512(f) Support an Injunction? MGA Entertainment.

Fair Use 103

Fair Use Cease and Desist Copyright Blogging 103

Technology & Marketing Law Blog

DECEMBER 15, 2021

This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. ” Nevertheless, the successor licensee sent DMCA takedown notices to Amazon targeting the registrant’s stripped-down sticker. .”

Registration 111

Registration Fair Use Copyright Designs 111

IP and Legal Filings

MARCH 5, 2024

Trademark owners frequently used cease and desist letters to pressure infringers to stop using their marks without authorization before taking legal action. The registration and management of trademarks was another essential component. .”

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Trademark Social Media Advertising Advertising 84

Technology & Marketing Law Blog

MAY 30, 2022

Finally, it points out Viacom is the owner of three valid trademark registrations for the KRUSTY KRAB mark and 400 copyright registrations covering “creative aspects of the SpongeBob SquarePants franchise,” including episodes from the animated television series, movies, drawings, and stylebooks featuring artwork from the franchise.

Blogging 90

Blogging Social Media Television Fair Use 90

SpicyIP

AUGUST 22, 2022

Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice. B) All forms of news reporting and news commentary. (C) These NFTs were available on OpenSea- an online NFT marketplace. 1125(a) and dilution by blurring under section 43(a) of the Lanham Act, 15 U.S.C 1125(c). (i)advertising

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

The IPKat

JANUARY 6, 2022

In my view the judgment is controversial and arguably misses the bigger picture, including the cumulative impact of more and more broadly drafted registrations on the practice of trade marks. The same could also apply to a company registration. SkyKick has said it would appeal – again – this time to the UK Supreme Court.

Registration 96

Registration Cease and Desist Branding Brands 96

SpicyIP

FEBRUARY 13, 2023

Regardless, it sent a cease and desist to the defendants in 2022 who have a shop in Jaipur with a similar name and have registered the word mark in 2013. What stands out here is that the Court granted an injunction in favour of the Plaintiff based on earlier registration without considering the non-use of the mark by them.

Designs 52

Designs Design Trademark Cease and Desist 52

The IP Law Blog

MARCH 2, 2021

1117(a), which says: When a violation of any right of the registrant of a mark registered in the Patent and Trademark Office, a violation under section 1125(a) or (d) of this title, or a willful violation under section 1125(c) of this title, shall have been established. , percent of apparel manufacturers, like Fossil, reported such problems.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

SpicyIP

MARCH 27, 2023

Other posts IP Financing in India – Part I: Perfection of Security and (Non) Registration of Copyright Despite the increasing importance of intellectual property in the modern economy, there is a surprising lack of attention given to IP financing in India.

Designs 105

Designs Design Cease and Desist Art 105

Patent Trademark Blog

JANUARY 18, 2024

Me-too products may be better off with simply trademark registration. Copyright registration might be an option if your product contains sufficiently original features that are nonfunctional. For products sold on Amazon, consider submitting a report of infringement. This is where an experienced patent attorney would help.

Design Patent 52

Design Patent Patent Cease and Desist Designs 52

SpicyIP

DECEMBER 24, 2023

UK Supreme Court Confirms No Patent for “AI-invented” Inventions Image from here On December 20, the UK Supreme Court affirmed its previous decision to deny registration to inventions by Dr. Stephen Thaler’s AI DABUS, holding that an AI software cannot be listed as an inventor. SpicyIP intern Vedika discusses this development.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

SpicyIP

MAY 15, 2023

SpicyIP intern Surmayi Khatana writes on this exciting news clarifying that the agreement is technically between ISRA and the Collective Rights Management Organization, PPL, and not the industry body IMI, as reported in the media. Adding to this, the court recently set aside three such orders from the IP Offices in one day!

Trademark 104

Trademark Registration Cease and Desist IP 104

SpicyIP

NOVEMBER 21, 2022

Ruchi Sharma highlights a few findings of the Economic Advisory Council to the Prime Minister’s report “Why India Needs To Urgently Invest In Its Patent Ecosystem?” and emphasizes on the need to facilitate data access by IPO for the betterment of the national innovation system, something which the above report is silent on.

IP 100

IP Cease and Desist Patent Music 100

IP Whiteboard

JUNE 7, 2021

In Australia, the rights protected by copyright arise automatically upon the creation of a work and there is no need or ability to obtain a registration for copyright. By contrast, in the United States, registration of copyright is a prerequisite to filing a lawsuit for copyright infringement. Cybersecurity. per cent and 0.5

Non-Fungible Tokens 40

Non-Fungible Tokens IP Cease and Desist Ownership 40

Technology & Marketing Law Blog

NOVEMBER 27, 2023

The United States Patent and Trademark Office (USPTO) refused registration of “Trump Too Small” under Section 2(c) of the Lanham Act ( 15 USC 1052(c) ) because the phrase includes a living individual’s name without his written consent. Tam (2017) and Iancu v. The text of Section 2(c) is viewpoint-neutral.

Registration 74

Registration Trademark Blogging Law 74