Remove 2001 Remove Cease and Desist Remove Fair Use
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Nintendo’s Actions Demonstrate Our Intellectual Property Laws are Broken

JIPEL Copyright Blog

scene in the past, things seemed to come to a head in November 2020 when Nintendo sent a cease-and-desist letter to the Tournament Organizers (TOs) of the Big House, an upcoming streamed Melee tournament, and subsequently forced them to cancel the event. While Nintendo has waffled on its support for the Smash Bros. Super Smash Bros.

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

Technology & Marketing Law Blog

And many of the sites where the data is collected also have prohibitions on automated data collection and web scraping in their terms of use. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. But fair use isn’t a defense to a breach of contract claim.

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Trademark Registration of Political Messages for Expressive Merchandise–In re Elster (Guest Blog Post)

Technology & Marketing Law Blog

Granting one person or entity a registration in this context will make it easier for the trademark owner to suppress and chill the expression of competitors and others who want to use that message in connection with the sale of similar products. California , 403 U.S. Gary Saderup, Inc. , 3d 797, 804 (Cal.