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We are pleased to bring to you a guest post by Roshan Santhalia ruminating on the question of whether a cease-and-desist notice before instituting a trademark or copyright infringement suit should be issued or not. Hons) LLB from NALSAR, Hyderabad in 2011 and MSc from Oxford, UK in 2012. He completed his B.A.
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.
SMRI ultimately sent one C&D in August 2006, and filed suit in June 2011. One defendant’s principal testified that it “specifically tried very hard to differentiate” its products with a disclaimer expressly disavowing any affiliation with SMRI and a separate color scheme on its tags, which SMRI copied.
The court relied on the studies conducted by Lumen and “large volumes” of cease and desist complaints to prima facie establish that the App is a rogue website and deserves to be blocked as a whole. Delhi High Court granted an interim injunction to the Plaintiff, blocking ‘Pikashow’ App from being accessed in any matter whatsoever.
This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder. 21 In a 2011 survey conducted by the U.S. 4226, at 3-32 (May 2011), [link].
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