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Court Rejects Law Firm’s Bid to Directly Obtain BitTorrent Users’ Identities

TorrentFreak

Law Firm Seeks Rightsholder-Like Rights In an application submitted to Finland’s Market Court on March 15, 2024, the law firm Hedman Partners Oy sought a court order to compel an unnamed internet service provider to provide the personal details of an unspecified number of subscribers. Label ApS and Scanbox Entertainment A/S.

Law 127
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5th Cir affirms fair use on a motion to dismiss, fee award to D

43(B)log

Bell continues to market his 1982 72-page book, and also sells merchandise, “including t-shirts and posters that display the passage that was quoted in the tweets.” Effect on the market: Harm was implausible. The fact that he extracted settlements from alleged infringers does not a real market make. NXIVM Corp.

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Naver Webtoon Targets Hundreds of Piracy Sites Ahead of Public Listing

TorrentFreak

Launched by South Korean tech giant Naver Corporation in 2004, Webtoon gained popularity as a hosting platform for a specific type of short-form digital comic, known locally as ‘webtoons’ Almost two decades later, Webtoon Entertainment has over 85 million active users per month across more than 100 countries.

Marketing 125
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Preventing Trademark Infringement or Stifling Healthy Competition? A Look at 1-800 Contacts and its Keyword Advertising Battle

LexBlog IP

Starting in 2004 , the Company began issuing cease-and-desist letters to competitors, demanding that they prevent their search ads from appearing in response to the keyword “1-800 Contacts.” However, in the fall of 2019 , Warby Parker became a direct competitor of 1-800 Contacts by entering the contact lens market.

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SpicyIP Weekly Review (February 05- February 11)

SpicyIP

Case Summaries Gujarat Cooperative Milk Marketing v. The plaintiff submitted that though their “Sufiyana” mark has not been registered, they have been using the same since 2014/ 2018 and thus have gathered a substantive goodwill in the market. The Plaintiff has been using the infringed trademark ‘FLY HIGH’ since 2004.

Trademark 103
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California Supreme Court reaffirms strict liability for false advertising in Serova

43(B)log

18, 2022) Not bound by Article III, the California Supreme Court issued a ruling despite the parties’ settlement. Not all marketing of artistic works is noncommercial speech. 4th 135 (2004); cf. Sony Music Entertainment, P.3d 3d -, 2022 WL 3453395, S260736 (Cal. citing Rezec v. Sony Pictures Entertainment, Inc., 116 Cal.App.4th

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A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

In 2004, the Ninth Circuit eviscerated it (in the Rossi case) by requiring plaintiffs to show that senders subjectively believed their takedown notices were abusive. The Lenz case got a lot of press, but it ended with a confidential settlement. Diebold from 2004, which led to a $125k damages award. A New 512(f) Plaintiff Win!