2009, Advertising, Cease and Desist and Copying

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2009

Advertising

Cease and Desist

Copying

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

Technology & Marketing Law Blog

DECEMBER 13, 2023

Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. Copyright law forbids duplication, public performance, and so on, unless the person wishing to copy or perform the work gets permission; silence means a ban on copying. A copyright is a right against the world.

Blogging

Blogging Copyright Contracts Cease and Desist

Overreaching and delay lead to defeat of TM owner's claims

43(B)log

AUGUST 18, 2021

were valid and infringed, but the latter wasn’t counterfeited; SMRI’s dilution victory was vacated, but not its victories on deceptive trade practices, ACPA, false advertising, and unfair competition. It was thus barred from equitable relief for its trademark infringement, false advertising, and state deceptive trade practices claims.

Cease and Desist

Cease and Desist False Advertising Registration Licensing

Intellectual Property Pulse

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

Overreaching and delay lead to defeat of TM owner's claims

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