Technology & Marketing Law Blog

AUGUST 25, 2022

” In May 2017, LinkedIn sent hiQ a C&D and blocked its IP addresses. In August 2017, the district court: found that hiQ showed a likelihood of irreparable harm, crediting hiQ’s assertion that the survival of its business was threatened absent a preliminary injunction. hiQ sought relief from the courts.

Cease and Desist 110

Cease and Desist Business Litigation Law 110

SpicyIP

NOVEMBER 18, 2024

” The Court found substantial evidence to support these claims and acknowledging non-compliance with the plaintiff’s cease and desist notices by the defendant, the Court gave an ex-parte order for injunctive relief and ruled in favour of the defendant. Super Cassettes Industries Private Ltd.

Trademark 105

Trademark Cease and Desist Music Copyright 105

TorrentFreak

DECEMBER 15, 2023

The same service was also promoted on Dauditl.com Warnings Ignored In August 2017, a DISH investigator is said to have visited Massive Wireless’s retail store to confirm sales of other infringing services carrying DISH content. In both cases DISH instructed Massive Wireless to cease-and-desist and both times DISH was ignored.

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Cease and Desist Copyright Infringement Branding Branding 120

Technology & Marketing Law Blog

MAY 2, 2022

LinkedIn lawsuit started in 2017. CFAA : The key question is whether hiQ’s continued access following receipt of LinkedIn’s cease-and-desist letter was “without authorization” under the CFAA. Are robots.txt, IP address blocks, or cease-and-desist letters still relevant to the CFAA at all?

Cease and Desist 116

Cease and Desist Contracts Privacy Business 116

Technology & Marketing Law Blog

MARCH 15, 2022

Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. . * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

Copyright 134

Copyright Fair Use Cease and Desist Litigation 134

Technology & Marketing Law Blog

MARCH 6, 2022

Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. . * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

Fair Use 111

Fair Use Cease and Desist Copying Copyright Infringement 111

TorrentFreak

AUGUST 12, 2023

. “While the commercially viable recordings will have been restored or remastered onto LP’s or CD, there is still research value in the artifacts and usage evidence in the often rare 78rpm discs and recordings,” IA wrote following the launch of the project in 2017.

Copyright 98

Copyright Cease and Desist Music Copying 98

Technology & Marketing Law Blog

AUGUST 18, 2022

Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. . * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

Fair Use 122

Fair Use Cease and Desist Copyright Blogging 122

Technology & Marketing Law Blog

AUGUST 8, 2021

Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. . * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

Fair Use 135

Fair Use Television Cease and Desist Copyright 135

SpicyIP

JULY 13, 2023

For the 25 years prior to 2017-18, foreign patent filings in India were significantly higher than Indian patents. What about cases where the patentee is not instituting a suit for infringement, but is asserting its ‘non-working’ patent rights on small-time players by issuing a cease and desist notice?

Reporting 95

Reporting Patent Cease and Desist IP 95

Technology & Marketing Law Blog

OCTOBER 4, 2022

Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. . * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

Cease and Desist 96

Cease and Desist Fair Use Copyright Blogging 96

Technology & Marketing Law Blog

SEPTEMBER 15, 2024

Benjamin * How Have Section 512(f) Cases Fared Since 2017? Summit Entertainment * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

Fair Use 105

Fair Use Cease and Desist Ownership Licensing 105

Technology & Marketing Law Blog

DECEMBER 5, 2022

Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. . * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

Marketing 85

Marketing Marketing Cease and Desist Fair Use 85

Technology & Marketing Law Blog

APRIL 29, 2023

Benjamin * How Have Section 512(f) Cases Fared Since 2017? Summit Entertainment * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

Fair Use 105

Fair Use Cease and Desist Copyright Trademark 105

JIPL Online

NOVEMBER 1, 2021

32] RuneLite HD only shut down in the first place due to a cease and desist letter from the publisher. 20, 2017), [link]. [3] 6] Alex Seedhouse, Pokémon Prism Cancelled After Nintendo Deliver Cease And Desist Letter, Nintendo Insider, (Dec 22, 2016), [link]. [7] 20, 2017), [link]. [3] 2017), [link]. [23]

Derivative Work 59

Derivative Work Cease and Desist Blogging Litigation 59

Technology & Marketing Law Blog

AUGUST 24, 2023

Next, from the early 2000s until 2017, the primary legal theory that was used to deter web scraping was the Computer Fraud and Abuse Act or the CFAA. And then, in 2017, the famous hiQ Labs, Inc. The CFAA prohibits accessing a “protected computer” without authorization. LinkedIn Corp.

Blogging 98

Blogging Contracts Intellectual Property Social Media 98

Technology & Marketing Law Blog

FEBRUARY 21, 2025

Benjamin * How Have Section 512(f) Cases Fared Since 2017? Summit Entertainment * Cease & Desist Letter to iTunes Isnt Covered by 17 USC 512(f)Red Rock v. Heldman * Another 512(f) Claim FailsNingbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)Hughes v.

Copyright 40

Copyright Cease and Desist Fair Use Intellectual Property 40

Technology & Marketing Law Blog

APRIL 1, 2023

Benjamin * How Have Section 512(f) Cases Fared Since 2017? Summit Entertainment * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

Fair Use 111

Fair Use Cease and Desist Contracts Ownership 111

SpicyIP

AUGUST 22, 2022

Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice. On 2 nd December 2021, Mason Rothschild began advertising an NFT collection of fur-covered Birkin-like handbags that he designed, advertising them as ‘METABIRKINS’.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

Technology & Marketing Law Blog

AUGUST 16, 2023

Benjamin * How Have Section 512(f) Cases Fared Since 2017? Summit Entertainment * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

Ownership 75

Ownership Cease and Desist Fair Use Copyright 75

JIPEL Copyright Blog

APRIL 26, 2021

million followers on Instagram, was allegedly making “ seven figures ” as of 2017, and has a book on the New York Times bestseller list (Tik Tok commenters would remind you, however, that her listing had a dagger next to it). Danielle Bernstein is a 28-year-old New York City influencer and founder of the brand We Wore What (“WWW”).

Social Media 52

Social Media Copying Brands Branding 52

LexBlog IP

MARCH 28, 2022

In September 2017, Jonathan L. Stryker sent Waber a cease and desist letter threatening to enforce the non-compete clause, but Waber responded by stating that he was voiding the forum-selection and choice-of-law clause under California Labor Code § 925, which allows employees to void such clauses in certain circumstances.

Cease and Desist 52

Cease and Desist Law Contracts Government 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. Accordingly, the evidence presented by Signal 23 shows that it suffered harm of at least $35,000.00 Spoiler: Not Well). * Another Section 512(f) Case Fails–ISE v.

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Registration Fair Use Copyright Designs 132

Selvam & Selvam Blog

OCTOBER 31, 2021

Raising objections to the misuse of one’s trademark by way of sending cease and desist notices, initiating action for passing off or infringement, etc. Giving proper notice of a registered trademark to consumers by using either the letter R enclosed within a circle – ® or using ‘TM’ for an unregistered mark.

Trademark 52

Trademark Cease and Desist Registering Trademarks Branding 52

Technology & Marketing Law Blog

NOVEMBER 30, 2023

Benjamin * How Have Section 512(f) Cases Fared Since 2017? Summit Entertainment * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

Fair Use 75

Fair Use Cease and Desist Copyright Ownership 75

Patently-O

JULY 10, 2024

2017); C5 Med. The Federal Circuit panel in SnapRays had distinguished cases involving ordinary cease-and-desist letters, reasoning that “LDG did more than send a cease and desist letter” by initiating the APEX process that would automatically remove SnapRays’ listings absent action by SnapRays.

Cease and Desist 40

Cease and Desist Patent Law Art 40

The TTABlog

JUNE 17, 2021

In November 2016, Respondent sent a cease-and-desist letter to Petitioner, demanding transfer of the domain name to Respondent. To the extent Petitioner’s belief in damage may have existed at the time Petitioner brought these proceedings in January 2017, clearly it has not been maintained. Simpson , 170 F.3d

Cease and Desist 40

Cease and Desist Registration Trademark Ownership 40

The TTABlog

AUGUST 15, 2022

124 USPQ2d 1028, 1035 (TTAB 2017) (“It is well-settled that use of a mark by a licensee inures to the benefit of the trademark owner.”); Quality Candy Shoppes/Buddy Squirrel of Wisc., See Moreno v. Pro Boxing Supplies, Inc. , Grande Foods , 90 USPQ2d at 1392.

Registration 40

Registration Cease and Desist Brands Branding 40

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 5, 2021

the ITC can also issue cease and desist orders to prevent further sales of the accused products. 2d 1325, 1327, 2017 WL 6327551, at *3 (E.D. 11, 2017). [8] This is achieved through an exclusion order , which is typically “limited”, i.e. , applying only to the named respondent. [6] 7] See Manitowoc Cranes LLC v.

Litigation 40

Litigation Cease and Desist Patent Infringement Intellectual Property 40

SpicyIP

FEBRUARY 13, 2023

Regardless, it sent a cease and desist to the defendants in 2022 who have a shop in Jaipur with a similar name and have registered the word mark in 2013. In this case, the Plaintiff, who is the proprietor of the mark “Footlockers” since 1988, has not used it for 30 years.

Designs 52

Designs Design Trademark Cease and Desist 52

TorrentFreak

APRIL 27, 2022

During the summer of 2017, several of the world’s largest entertainment industry companies teamed up to create a new anti-piracy coalition. Cease and Desist. While court cases are also part of the repertoire, a cease-and-desist letter is usually the first step taken. ” Civil and Criminal Lawsuits.

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Cease and Desist Privacy Business Law 98

Kluwer Copyright Blog

NOVEMBER 24, 2021

In 2017, the BGH once more issued a ruling on Section 95a UrhG in relation to the Nintendo DS games console. Injunctive relief (Section 97(1) UrhG) and cease and desist agreements. A decision in 2017 concerned a claim for information under Section 101(9) UrhG, specifically information with the use of traffic data.

Contracts 98

Contracts Copyright Law Cease and Desist 98

TorrentFreak

JANUARY 14, 2022

Law firm Rasch works with several major music industry players and it was on their behalf that cease-and-desist orders were sent to local hosting service Uberspace. While the RIAA’s effort to take down youtube-dl from GitHub grabbed all the headlines, moves had already been underway weeks before that in Germany.

Cease and Desist 145

Cease and Desist Music Copying Licensing 145

TorrentFreak

DECEMBER 6, 2022

From a standing start in 2017, the Alliance for Creativity and Entertainment is now the largest and most successful anti-piracy coalition on the planet. Two years on from these operations, ACE executed a successful cease and desist action near Belgrade, Serbia. ACE Has Experience in Key Areas.

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Cease and Desist Reporting Marketing Marketing 145

Plagiarism Today

DECEMBER 8, 2022

Back in 2017, a group made plans to stage a play entitled Who’s Holiday , a one-woman show featuring a foul-mouthed grown up version of Cindy Lou Who. As the play got closer to opening, the Seuss estate sent cease and desist letters to try and stop it.

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Cease and Desist Fair Use Artwork Intellectual Property 246

The IPKat

FEBRUARY 29, 2024

In July 2019, a cease-and-desist letter was sent to the company H Z without much effect. The court then dismissed the application for revocation on the grounds of non-use within the meaning of Articles 18 and 58(a) EUTMR 2017/1001. Feld Motor Sports Inc. Those shows featured a monster truck named “EI TORO Del FUEGO”.

Copyright Infringement 100

Copyright Infringement Copyright Cease and Desist Intellectual Property 100

IPilogue

MARCH 2, 2022

The Birkin’s hefty price tag — a Diamond Himalaya Birkin sold for over $400,000 in 2017 — has made it a prime target for knockoffs. On December 16th, 2021, Hermès sent a cease-and-desist letter to both OpenSea and Rothschild, notifying them of the “blatant violation of intellectual property.”

Cease and Desist 105

Cease and Desist Non-Fungible Tokens Fair Use Intellectual Property 105