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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.
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 fairuse argument under copyright laws. But fairuse isn’t a defense to a breach of contract claim.
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.
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