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?

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Cease and Desist Contracts Privacy Business 116

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. Babybus appeared first on Technology & Marketing Law Blog. Spoiler: Not Well). * Another Section 512(f) Case Fails–ISE v. MGA Entertainment.

Fair Use 111

Fair Use Cease and Desist Copying Copyright Infringement 111

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. Day to Day Imports appeared first on Technology & Marketing Law Blog. Spoiler: Not Well). * Another Section 512(f) Case Fails–ISE v. MGA Entertainment.

Fair Use 122

Fair Use Cease and Desist Copyright Blogging 122

Technology & Marketing Law Blog

SEPTEMBER 15, 2024

Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. 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. UMG appeared first on Technology & Marketing Law Blog.

Fair Use 105

Fair Use Cease and Desist Ownership Licensing 105

Technology & Marketing Law Blog

APRIL 29, 2023

Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. 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. Ripps appeared first on Technology & Marketing Law Blog.

Fair Use 105

Fair Use Cease and Desist Copyright Trademark 105

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. RIAA appeared first on Technology & Marketing Law Blog. Spoiler: Not Well). * Another Section 512(f) Case Fails–ISE v. MGA Entertainment.

Cease and Desist 96

Cease and Desist Fair Use Copyright Blogging 96

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

Technology & Marketing Law Blog

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. Benjamin * How Have Section 512(f) Cases Fared Since 2017? Maritas appeared first on Technology & Marketing Law Blog.

Fair Use 111

Fair Use Cease and Desist Contracts Ownership 111

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 post Web Scraping for Me, But Not for Thee (Guest Blog Post) appeared first on Technology & Marketing Law Blog. LinkedIn Corp.

Blogging 98

Blogging Contracts Intellectual Property Social Media 98

Technology & Marketing Law Blog

DECEMBER 15, 2021

In making this finding I draw an adverse inference from Defendant’s failure to initiate litigation against Plaintiff…by November 19, 2018, Defendant was using the DMCA Takedown Notices to suppress a market competitor rather than to enforce a legitimate good faith claim of copyright infringement. MGA Entertainment.

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Registration Fair Use Copyright Design 132

Technology & Marketing Law Blog

AUGUST 16, 2023

Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. 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. Zoox appeared first on Technology & Marketing Law Blog.

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Ownership Cease and Desist Fair Use Copyright 75

SpicyIP

NOVEMBER 18, 2024

Highlights of the Week Don’t Offend My Oats: Generic Disparagement, Market Leadership, and Marico Limited vs. Alpino Health Foods Recently, the DHC passed an order prima facie finding that Marico’s “Saffola oats” TM was “generically disparaged” by Alpino’s advertisements. Anything we are missing out on?

Trademark 105

Trademark Cease and Desist Music Copyright 105

Technology & Marketing Law Blog

NOVEMBER 30, 2023

Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. 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. Barrett Financial appeared first on Technology & Marketing Law Blog.

Fair Use 75

Fair Use Cease and Desist Copyright Ownership 75

The IPKat

JANUARY 6, 2022

Few opponents prefer to jump straight into court action, with oppositions typically the preference when a cease and desist letter fails to get the right reaction. The claimant was owner of VAGISIL, a long-established product on the UK market since 1984. I am pleased to say this isn’t one of them.

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Registration Cease and Desist Branding Brands 96

The TTABlog

JUNE 17, 2021

Often a party that challenges a term as generic will base its entitlement on the fact that it is engaged in marketing goods or services that are the same or similar to those of the other party. In November 2016, Respondent sent a cease-and-desist letter to Petitioner, demanding transfer of the domain name to Respondent.

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Cease and Desist Registration Trademark Ownership 40

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 5, 2021

5] This represents a missed opportunity—and potentially a market inefficiency—for companies looking to enforce trade secrets that have been misappropriated abroad. 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]

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. When, therefore, another identical vanilla cream filled chocolate sandwich cookie enters the market, named ―FAB!O‖

Design 52

Design Designs Trademark Cease and Desist 52

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

The IPKat

DECEMBER 27, 2023

The plaintiff had received a cease-and-desist letter from two German comedians who claimed that the copyright to this phrase belonged to them as they had come up with it during their shows. The plaintiff was thus allowed to proceed with the marketing of the T-shirts.

Copyright 62

Copyright Cease and Desist Copyright Infringement Copyright Law 62

IP and Legal Filings

MARCH 28, 2023

This expanding impact of Big Tech within and outside the market has regulators increasingly concerned about economic problems, prevention of competition, data privacy issues, media domination as well as political concerns, and even the democratic process itself. Demystification of Shri Sonam Sharma v Apple Inc. &

Marketing 52

Marketing Marketing Cease and Desist Technology 52

Technology & Marketing Law Blog

NOVEMBER 27, 2023

Tam (2017) and Iancu v. Tam ” (2018), and my guest post on Eric Goldman’s Technology and Marketing Law Blog written after the Federal Circuit’s decision in In re Elster.) Elster (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Registration 106

Registration Trademark Blogging Law 106

The IPKat

OCTOBER 31, 2024

015736622 , registered in 2017 inter alia for ‘vodka’. As a result, Kefla was ordered to cease and desist from using its German trade mark and to agree to surrender it. There was also no indication of a marketing strategy which focused on the bottle shape. Background Globefill owns EU trade mark no. 7(1)(e)(iii) EUTMR ).

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Cease and Desist Art Design Designs 62