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Around the IP Blogs

The IPKat

We say goodbye to 2021 with the most interesting posts and articles from the surrounding IP blogs of the past week! Creator Mason Rothschild revealed in an open letter to Hermès, which he posted on his Instagram account on December 22, that he received a cease-and-desist letter from the French luxury goods brand.

Blogging 126
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512(f) Once Again Ensnared in an Employment Ownership Dispute–Shande v. Zoox

Technology & Marketing Law Blog

This paradigm, however, breaks down when copyright ownership is contested. In that circumstance, the takedown notice becomes a proxy battle for a larger and likely fact-dependent war over ownership, which the service in the middle isn’t in a good position to resolve. The hosting service honored the takedown notice.

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Too Rusty For Krusty–Nickelodeon v. Rusty Krab Restaurant (Guest Blog Post)

Technology & Marketing Law Blog

While common law trademark rights can and often do support federal infringement claims, an infringement plaintiff must show ownership of a valid mark as a threshold requirement for the cause of action. I predict a cease and desist letter”; “I WILL DEFINITELY BE CONTACTING NICKOLODEON TO ASK IF THIS GHETTO PLACE HAVE THE RIGHTS.”.

Blogging 111
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Copyright Concerns When Using Others to Create Content

Erik K Pelton

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. Well, under copyright law, it’s a work for hire, and you need a specific contract with specific clauses about the ownership of the copyright in these types of materials.

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Trademark Enforcement Strategies – The Ultimate Path to Protection

Kashishipr

Have Proper Symbols of Trademark Registration & Ownership. Send Cease-&-Desist Letters Automatically. What serves as the bread and butter of trademark enforcement is sending cease-and-desist letters. Get in touch with us at kashishipr@kashishipr.com to discuss your trademark enforcement requirements! ?

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

Technology & Marketing Law Blog

But the sender’s dereliction in this case really got to me, so it’s worth the blog post. Despite UMG’s lack of ownership in the beat, UMG’s “content protection specialist” found the song Oi! Barrett Financial * 512(f) Once Again Ensnared in an Employment Ownership Dispute–Shande v.

Fair Use 105
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Once Again, LinkedIn Can’t Use CFAA To Stop Unwanted Scraping–hiQ v. LinkedIn

Technology & Marketing Law Blog

Our blog post on the original Ninth Circuit ruling: “ Ninth Circuit Says LinkedIn Wrongly Blocked HiQ’s Scraping Efforts ”.). The court remains skeptical of LinkedIn’s privacy-based arguments: LinkedIn has no protected property interest in the data contributed by its users, as the users retain ownership over their profiles.