Erik K Pelton

JULY 14, 2022

Many of my clients have contractors or vendors or virtual assistants who assist them with writing blog posts, creating newsletters, doing social media posting and work. First, contracts. Make sure you have proper contracts. The following is an edited transcript of my video Copyright Concerns When Using Others to Create Content.

Social Media 147

Social Media Copyright Cease and Desist Contracts 147

Traverse Legal Blog

SEPTEMBER 27, 2024

Your contracts with wholesalers, distributors, and retailers are the key to establishing an authorized sales channel to protect yourself against gray market sellers. If the cease and desist letter does not stop the sale of grey market goods, you may need to take the next drastic step by filing litigation.

Branding 52

Branding Branding Brands Marketing 52

BYU Copyright Blog

OCTOBER 21, 2024

In early September of this year, both Plaintiffs received Cease-and-Desist (C&D) letters from PSBA about the districts policies and annotations, which were created using the PSBAs policy service. Public.Resources.Org, INC.,

Cease and Desist 52

Cease and Desist Public Domain Ownership Contracts 52

Technology & Marketing Law Blog

DECEMBER 9, 2022

Even if Google’s conduct could be interpreted as a technical violation of many websites’ notoriously overbroad terms of service, their conduct doesn’t meet the criteria for most online breach of contract disputes. Trademark, copyright, trespass to chattels, the law of online contracts—none of this stuff is novel.

Blogging 124

Blogging Law Contracts Cease and Desist 124

Technology & Marketing Law Blog

OCTOBER 11, 2021

It sent Kiwi cease and desist letters and has implemented security measures, but “Kiwi has continued to hack the Southwest website and sell Southwest flights without permission.”. Southwest asserts claims under the CFAA, the Texas computer crime statute, breach of contract, and trademark.

Cease and Desist 119

Cease and Desist Contracts Trademark Blogging 119

Technology & Marketing Law Blog

OCTOBER 28, 2022

As usual in these types of cases, Ryanair sent cease-and-desist letters to Booking telling it to stop. Booking (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Needless to say, it didn’t stop. When Booking didn’t stop, Ryanair sued for five different violations of the CFAA. hiQ Labs II at 43.

Blogging 95

Blogging Cease and Desist Business Litigation 95

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. In another decision , from 2016, the BGH found that remuneration claims under Section 32 UrhG arise when the agreed remuneration at the time of the respective contract being concluded is not appropriate when viewed from the perspective of the time of conclusion of the contract (ex-ante view).

Contracts 98

Contracts Copyright Law Cease and Desist 98

BYU Copyright Blog

APRIL 1, 2024

Francis") committed copyright infringement and was in breach of contract over the use of hundreds of photographs he took for the school and its students. Francis, located in Watsonville, CA, contracted with Morlos to be the exclusive provider of photography service for the school from June 2018 to May 2021. Morlos and St.

Cease and Desist 40

Cease and Desist Contracts Social Media Intellectual Property 40

Technology & Marketing Law Blog

MAY 2, 2022

Our blog post on the original Ninth Circuit ruling: “ Ninth Circuit Says LinkedIn Wrongly Blocked HiQ’s Scraping Efforts ”.). 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.

Cease and Desist 114

Cease and Desist Contracts Privacy Business 114

TorrentFreak

FEBRUARY 7, 2024

This includes a detailed blog post the operators published on the matter, encouraging the public to use the scraped data. Before taking legal action, OCLC sent cease-and-desist requests via various email addresses and the X account of Anna’s Archive, which has since been removed.

Cease and Desist 128

Cease and Desist Contracts Publishing Copying 128

Trading Secrets

JANUARY 24, 2024

And, as we previously blogged , the SEC historically had limited enforcement activity for Rule 21F-17(a), with roughly 14 enforcement actions between 2015 and 2021. As part of the order, JPM agreed to pay an $18 million file and to cease and desist from any further violations of Rule 21f-17(a).

Confidentiality 52

Confidentiality Cease and Desist Settlement Social Media 52

LexBlog IP

JANUARY 24, 2024

And, as we previously blogged , the SEC historically had limited enforcement activity for Rule 21F-17(a), with roughly 14 enforcement actions between 2015 and 2021. As part of the order, JPM agreed to pay an $18 million file and to cease and desist from any further violations of Rule 21f-17(a).

Confidentiality 52

Confidentiality Cease and Desist Settlement Social Media 52

IIPRD

FEBRUARY 6, 2024

Creators need to comprehend the fundamentals of copyright law to safeguard their creations and negotiate licensing and distribution contracts with skill. This entails a diligent search for copyright violations using tools including cease-and-desist letters, legal action, and requesting injunctions to prevent unauthorized use.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

Technology & Marketing Law Blog

APRIL 1, 2023

As for the tortious interference claim, App Star alleges that by submitting the DMCA notification to service providers, Bar-Z interfered with App Star’s contracts with certain chambers of commerce. Here, the Court has already found that Bar-Z had a legal right to interfere with App Star’s contracts with the chambers of commerce.

Fair Use 108

Fair Use Cease and Desist Contracts Ownership 108

IPilogue

APRIL 11, 2022

She received a cease-and-desist notice from the photographer Michael Halsband, directing her to destroy the artwork. The crossover with IP rights is unreliable at best, and breach of obligations by buyer or seller in the trade can only be mitigated through breach of contract remedies.

Non-Fungible Tokens 105

Non-Fungible Tokens Cease and Desist Intellectual Property Artwork 105

SpicyIP

SEPTEMBER 4, 2023

Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Eminem sends cease and desist notice to Vivek Ramaswamy. Wondering what IP developments took place last week? Highlights of the Week Image from here Microsoft Corporation V.

Cease and Desist 99

Cease and Desist Patent Prosecution Trademark Derivative Work 99

Traverse Legal Blog

MARCH 6, 2024

Some influencers have contracted away their rights to their likeness for AI simulation, possibly in exchange for lucrative deals. If your likeness is used without permission, take immediate legal action, including sending cease and desist letters and filing lawsuits for unauthorized use of likeness and rights of publicity.

Cease and Desist 52

Cease and Desist Licensing Branding Branding 52

The IP Law Blog

JANUARY 12, 2023

When looking into company assets protectable under federal copyright laws, one should check the company’s website, marketing materials, manuals, YouTube videos, podcasts, posted content on Instagram, TikTok, and the like, photos, software, blog posts, articles, white papers, etc.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

LexBlog IP

FEBRUARY 10, 2022

Other cases continue to be filed and settled administratively, such as the latest Fashion Nova matter that we discussed a few weeks ago and that inspired this blog entry. A Commission opinion in that case was issued in October 2021. Well, it’s time-consuming – and the process of getting money makes it even more time-consuming.

Cease and Desist 52

Cease and Desist Litigation Law Contracts 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

As I’ve blogged many, many times on this blog (see list below), 512(f) has been a complete failure. A few plaintiffs have won default judgments (including one I blog below). Some other 512(f) cases I’ve not previously blogged: * Paul Rudolph Foundation v. Diebold from 2004, which led to a $125k damages award.

Registration 120

Registration Fair Use Copyright Designs 120

LexBlog IP

JANUARY 12, 2023

When looking into company assets protectable under federal copyright laws, one should check the company’s website, marketing materials, manuals, YouTube videos, podcasts, posted content on Instagram, TikTok, and the like, photos, software, blog posts, articles, white papers, etc.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. Copyright Claims: Roc-A-Fella Records Inc.

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Non-Fungible Tokens Social Media Contracts Branding 52

The IP Law Blog

MARCH 2, 2021

Expect more cease and desist letters referencing the Supreme Court’s explicit clarification in Romag when threatening to seek profits against merely knowing, reckless, or even innocent infringers. company contracting with Chinese manufacturers, after insurance, 32 will be contracts. 31 Such improvements may give U.S.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

LexBlog IP

NOVEMBER 11, 2022

delivered by a Michigan federal jury for the breach of its contract with Versata Software and the misappropriation of Versata’s trade secrets. million for Ford’s breach of contract. Isaiah Weedn has a good summary of the case in Sheppard Mullin’s Trade Secrets Law Blog. million verdict against Ford Motor Co.

Cease and Desist 40

Cease and Desist Journalism Blogging Law 40