This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
And that, in turn, further restricts what should be in the publicdomain 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.
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 publicdomain and undermining key concepts of copyright law.
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.
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.
” 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.,
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 publicdomain images.
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.
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.
In April 2022 , Uffizi sent a cease-and-desist in response to Jean Paul Gaultier’s current use of the Birth of Venus , but the fashion brand never replied and continued its unauthorized use. . The publicdomain refers to works not protected by copyright, which means the works can be used without acquiring permission or paying a fee.
Arguably this type of expression should remain in the publicdomain available for use by everyone in connection with their goods or services unless it is protected by another intellectual property law. VIP Products (Guest Blog Post) appeared first on Technology & Marketing Law Blog.
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.) This type of expression should remain in the publicdomain available for everyone to use on expressive merchandise to convey ideas, information, and other messages.
We organize all of the trending information in your field so you don't have to. Join 9,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content