Remove Blogging Remove Cease and Desist Remove Public Domain
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Elon Musk’s Gifts to Web Scrapers (Guest Blog Post)

Technology & Marketing Law Blog

And that, in turn, further restricts what should be in the public domain and gives companies power to create property rights where none are otherwise granted in the law. Facebook objected and sent a cease-and-desist letter. Here, the court agreed, and dismissed Twitter’s breach-of-contract claims on that basis.

Blogging 123
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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

And to characterize zero-click online terms of use that are imposed by cease-and-desist letter as enforceable contracts is horrible policy and bad law. The whole point of copyright preemption is that Congress sought to prevent states from infringing on the public domain and undermining key concepts of copyright law.

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2023 IP Resolutions Start with a Review of IP Assets

The IP Law Blog

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. Such inventions may be protectable under federal patent laws.

IP 98
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A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

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.

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Trademark Abandonment: Causes and Consequences

IP and Legal Filings

” This blog will explain causes as well as consequences of trademark abandonment, and will provide insights into how corporations can keep their trademarks effectively to prevent the loss of this valuable intellectual property. In the U.S., A presumption of abandonment: Generally in the U.S.,

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Monkey Business at the Ninth CircuitThe Monkey Selfie Strikes Back

Shades of Gray

I previously blogged about my favorite copyright dispute of all time, the infamous Monkey Selfie, here and here. where he asserted copyright ownership in the image, including by sending a cease and desist letter to Wikimedia for including the image in its database of public domain images.

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Want to Remix a Song? Make sure not to get tangled with IP Infringement

Selvam & Selvam Blog

While both cover song and remix attract copyright implications, we focus on the laws pertaining to remix in this blog. Section 14 of the Copyright Act, 1957 provides all rights, including further development, translation, reproduction, publication, communication to the public among others, exclusively to the owner of the work.

IP 52