Technology & Marketing Law Blog

DECEMBER 5, 2022

Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Benjamin. * How Have Section 512(f) Cases Fared Since 2017? New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Federici. * Biosafe-One v.

Marketing 85

Marketing Marketing Cease and Desist Fair Use 85

SpicyIP

AUGUST 22, 2022

Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice. Though the text of the Act does not use the terms dilution, tarnishment, blurring or free-riding, the text of section 29(4), along with caselaw makes it abundantly clear that such acts are actionable in Indian courts.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

Technology & Marketing Law Blog

DECEMBER 15, 2021

The court also credits the self-serving claim by the successor licensee that it considered fair use by comparing the works and evaluating if the works were being sold commercially or for other purposes. Benjamin. * How Have Section 512(f) Cases Fared Since 2017? in damages stemming from Defendants’ violations of the DMCA.

Registration 132

Registration Fair Use Copyright Design 132

Technology & Marketing Law Blog

APRIL 1, 2023

Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Benjamin * How Have Section 512(f) Cases Fared Since 2017? New Destiny Church * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Federici * Biosafe-One v.

Fair Use 111

Fair Use Cease and Desist Contracts Ownership 111

Technology & Marketing Law Blog

AUGUST 16, 2023

Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Benjamin * How Have Section 512(f) Cases Fared Since 2017? New Destiny Church * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Federici * Biosafe-One v.

Ownership 75

Ownership Cease and Desist Fair Use Copyright 75

Technology & Marketing Law Blog

NOVEMBER 30, 2023

Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Benjamin * How Have Section 512(f) Cases Fared Since 2017? New Destiny Church * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Federici * Biosafe-One v.

Fair Use 75

Fair Use Cease and Desist Copyright Ownership 75

JIPL Online

NOVEMBER 1, 2021

19] After classifying the mod as derivative, the court rejected other protections such as fair use doctrine as defenses to the paid mod. [20] 32] RuneLite HD only shut down in the first place due to a cease and desist letter from the publisher. 20, 2017), [link]. [3] 20, 2017), [link]. [3] 2017), [link]. [23]

Derivative Work 59

Derivative Work Cease and Desist Blogging Litigation 59

Plagiarism Today

DECEMBER 8, 2022

While parody isn’t protected in the Constitution, fair use was codified into U.S. 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. Porn Parodies and Fair Use. We just wanted to put our own spin on it.”.

Cease and Desist 195

Cease and Desist Fair Use Artwork Plagiarism 195

IPilogue

MARCH 2, 2022

The Birkin’s distinctive shape has acquired a secondary meaning, such that its trade dress has a trademark registration with the US Patent & Trademark Office. 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. Is this Fair Use?

Cease and Desist 105

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