2017, Cease and Desist and Designs - Intellectual Property Pulse

3 Count: LEGO Jacket

Plagiarism Today

JANUARY 12, 2022

1: LEGO is Being Sued for Copyright Infringement Over Leather Jacket Design. First off today, The Fashion Law reports that LEGO is facing a lawsuit from artist James Concannon following the inclusion of a jacket similar to one that he designed as part of a recent LEGO set. According to Concannon, he designed the jacked in 2018.

Cease and Desist

Cease and Desist Licensing Television Designs

Court Dissolves hiQ’s Injunction Against LinkedIn–hiQ v. LinkedIn

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

Cease and Desist Business Litigation Law

SpicyIP Weekly Review (November 11-November 17)

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

Trademark Cease and Desist Music Copyright

Once Again, LinkedIn Can’t Use CFAA To Stop Unwanted Scraping–hiQ v. LinkedIn

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

Cease and Desist Contracts Privacy Business

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

NOVEMBER 24, 2021

According to the BGH, the specific design of the cards and consoles manufactured by the plaintiff constituted effective technical measures within the meaning of Section 95a (2) and (3) No. In 2017, the BGH once more issued a ruling on Section 95a UrhG in relation to the Nintendo DS games console. Claim for information.

Contracts

Contracts Copyright Law Cease and Desist

Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute

SpicyIP

AUGUST 22, 2022

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’. Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice.

Trademark

Trademark Fair Use Registering Trademarks Non-Fungible Tokens

If copyright law won’t protect small fashion brands against copying, social media will – just ask influencer Danielle Bernstein

JIPEL Copyright Blog

APRIL 26, 2021

How does an influencer and fashion designer become so despised? 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). The account and its 2.6

Social Media

Social Media Copying Branding Brands

Web Scraping for Me, But Not for Thee (Guest Blog Post)

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. Also in the couple of weeks, Microsoft affiliate OpenAI released a product called GPTbot, which is designed to scrape the entire internet.

Blogging

Blogging Contracts Intellectual Property Social Media

SpicyIP Weekly Review (February 6- February 12)

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. The court clarified that for this defence, enshrined u/s 19 and 22(3), to work, “ the lack of novelty or originality has to be seen as on the date when the design was registered.

Design

Design Designs Trademark Cease and Desist

It’s Not a Bag, it’s a MetaBirkin!

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. Hermès claims trademark infringement, false designation of origin, and trademark dilution. Hermès is embroiled in constant legal battles defending the Birkin against trademark infringement and passing-off.

Cease and Desist

Cease and Desist Non-Fungible Tokens Fair Use Intellectual Property

Court Mistakenly Thinks Copyright Owners Have a Duty to Police Infringement–Sunny Factory v. Chen

Technology & Marketing Law Blog

MARCH 15, 2022

That’s by design–the DMCA was designed to resolve matters outside of court. Now, imagine the rightsowner also overclaimed trade dress protection for its sage leave design. Benjamin. * How Have Section 512(f) Cases Fared Since 2017? ” This is clearly wrong.

Copyright

Copyright Fair Use Cease and Desist Litigation

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

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. Defendant had not obtained the Deposit Design from the Copyright Office. Defendant had not tried to find out why Amazon kept reinstating Plaintiff’s listing.

Registration

Registration Fair Use Copyright Designs

“El TORO LOCO”: when a Monster truck show amounts to both trade mark and copyright infringement

The IPKat

FEBRUARY 29, 2024

Copyright and design rights are often invoked in parallel, particularly in relation to works of applied art [ e.g. IPKat here ]. In July 2019, a cease-and-desist letter was sent to the company H Z without much effect. A Kat on a monster-truck Facts Feld Motor Sports Inc. Feld Motor Sports Inc.

Copyright Infringement

Copyright Infringement Copyright Cease and Desist Intellectual Property

Satirical Depiction in YouTube Video Gets Rough Treatment in Court

Technology & Marketing Law Blog

AUGUST 8, 2021

“Plaintiffs have adequately alleged that a member of the general online public ‘might see the EMMY Statuette Design as used by Defendant and mistakenly believe that there is a link between Plaintiffs and Defendant or find the association offensive, thus tarnishing the mark.'” .” UGH. No evidence re. July 30, 2021).

Fair Use

Fair Use Television Cease and Desist Copyright

11th Circuit UPHOLDS a 512(f) Plaintiff Win on Appeal–Alper Automotive v. Day to Day Imports

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. HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. Spoiler: Not Well). * Another Section 512(f) Case Fails–ISE v.

Fair Use

Fair Use Cease and Desist Copyright Blogging

Another 512(f) Claim Fails–Moonbug v. Babybus

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. HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. Spoiler: Not Well). * Another Section 512(f) Case Fails–ISE v.

Fair Use

Fair Use Cease and Desist Copying Copyright Infringement

Anti-Circumvention Takedowns Aren’t Covered by 512(f)–Yout v. RIAA

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. HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. Spoiler: Not Well). * Another Section 512(f) Case Fails–ISE v.

Cease and Desist

Cease and Desist Fair Use Copyright Blogging

Record Label Sends Bogus Takedown Notice, Defeats 512(f) Claim Anyway–White v. UMG

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. HSI * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. Spoiler: Not Well) * Another Section 512(f) Case Fails–ISE v.

Fair Use

Fair Use Cease and Desist Ownership Licensing

512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. McCandless

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. HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. Spoiler: Not Well). * Another Section 512(f) Case Fails–ISE v.

Marketing

Marketing Marketing Cease and Desist Fair Use

Surprise! Another 512(f) Claim Fails–Bored Ape Yacht Club v. Ripps

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. HSI * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. Spoiler: Not Well) * Another Section 512(f) Case Fails–ISE v.

Fair Use

Fair Use Cease and Desist Copyright Trademark

You’re a Fool if You Think You Can Win a 512(f) Case–Security Police and Fire Professionals v. Maritas

Technology & Marketing Law Blog

APRIL 1, 2023

Additionally, App Star argues that the applications are denied copyright protection and that “Bar-Z knew or should have known that the design elements cited in the DMCA Notification” are not subject to protection under copyright law. Benjamin * How Have Section 512(f) Cases Fared Since 2017?

Fair Use

Fair Use Cease and Desist Contracts Ownership

512(f) Once Again Ensnared in an Employment Ownership Dispute–Shande v. Zoox

Technology & Marketing Law Blog

AUGUST 16, 2023

By design, it seeks to push questions over ownership to court, rather than have the intermediary service try to resolve those question. 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. The 512(f) claim fails.

Ownership

Ownership Cease and Desist Fair Use Copyright

512(f) Doesn’t Restrict Competitive Gaming of Search Results–Source Capital v. Barrett Financial

Technology & Marketing Law Blog

NOVEMBER 30, 2023

Instead, Source Capital alleges the DMCA takedown notices were “knowingly false” and designed to kick Source Capital out of the Google search results during the high season. 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.

Fair Use

Fair Use Cease and Desist Copyright Ownership

Meeting of the Minds: The Price of Recklessness: Disgorgement of Pro?ts in a Post-Romag World

The IP Law Blog

MARCH 2, 2021

The issue arose from a dispute between Romag, a manufacturer of magnetic snap fasteners for leather goods, and Fossil, a designer and distributor of a wide range of fashion accessories. cation and Insurance , CHINA BLOG (July 5, 2017), [link] buyer-beware.html; Peter Masaitis, Chinese Manufacturers vs. U.S. & ECON.

Intellectual Property

Intellectual Property Contracts Trademark Trademark Law

Two skulls are confusingly similar – Crystal Head Vodka successfully enforced its 3D trade mark

The IPKat

OCTOBER 31, 2024

It involves the iconic skull bottle of Crystal Head Vodka and a hauntingly similar skull-shaped bottle design. 015736622 , registered in 2017 inter alia for ‘vodka’. Globefill also owns EU design no. As a result, Kefla was ordered to cease and desist from using its German trade mark and to agree to surrender it.

Cease and Desist

Cease and Desist Art Designs Design

Evaluating the Constitutionality of Viewpoint-Neutral Trademark Registration Laws That Do Not Restrict Speech—Vidal v. Elster (Guest Blog Post)

Technology & Marketing Law Blog

NOVEMBER 27, 2023

Tam (2017) and Iancu v. Examples of trademark experts with this view include professors Rebecca Tushnet and Jennifer Rothman ; attorneys Megan Bannigan, David Bernstein, Timothy Cuffman , and Jon Jekel ; and news reporters from the New York Times ( Adam Liptak ) and Bloomberg ( Greg Stohr ).

Registration

Registration Trademark Blogging Law

Intellectual Property Pulse

3 Count: LEGO Jacket

Court Dissolves hiQ’s Injunction Against LinkedIn–hiQ v. LinkedIn

Trending Sources

SpicyIP Weekly Review (November 11-November 17)

Once Again, LinkedIn Can’t Use CFAA To Stop Unwanted Scraping–hiQ v. LinkedIn

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute

If copyright law won’t protect small fashion brands against copying, social media will – just ask influencer Danielle Bernstein

Web Scraping for Me, But Not for Thee (Guest Blog Post)

SpicyIP Weekly Review (February 6- February 12)

It’s Not a Bag, it’s a MetaBirkin!

Court Mistakenly Thinks Copyright Owners Have a Duty to Police Infringement–Sunny Factory v. Chen

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

“El TORO LOCO”: when a Monster truck show amounts to both trade mark and copyright infringement

Satirical Depiction in YouTube Video Gets Rough Treatment in Court

11th Circuit UPHOLDS a 512(f) Plaintiff Win on Appeal–Alper Automotive v. Day to Day Imports

Another 512(f) Claim Fails–Moonbug v. Babybus

Anti-Circumvention Takedowns Aren’t Covered by 512(f)–Yout v. RIAA

Record Label Sends Bogus Takedown Notice, Defeats 512(f) Claim Anyway–White v. UMG

512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. McCandless

Surprise! Another 512(f) Claim Fails–Bored Ape Yacht Club v. Ripps

You’re a Fool if You Think You Can Win a 512(f) Case–Security Police and Fire Professionals v. Maritas

512(f) Once Again Ensnared in an Employment Ownership Dispute–Shande v. Zoox

512(f) Doesn’t Restrict Competitive Gaming of Search Results–Source Capital v. Barrett Financial

Meeting of the Minds: The Price of Recklessness: Disgorgement of Pro?ts in a Post-Romag World

Two skulls are confusingly similar – Crystal Head Vodka successfully enforced its 3D trade mark

Evaluating the Constitutionality of Viewpoint-Neutral Trademark Registration Laws That Do Not Restrict Speech—Vidal v. Elster (Guest Blog Post)

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