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

TorrentFreak

NOVEMBER 17, 2021

Movie studio Miramax, which owns most of the rights to the film, sees it as a contract breach and copyright infringement. Earlier this month Miramax sent a cease and desist notice to Tarantino urging him to halt the upcoming sale. ” As such, the sale is still scheduled to go through next month.

Copyright Infringement 145

Copyright Infringement Non-Fungible Tokens Copyright Cease and Desist 145

Technology & Marketing Law Blog

MAY 13, 2024

sued Bright Data for trespass to chattels, breach of contract, tortious interference with a contract, violation of California Business and Professions Code Section 17200, and misappropriation. Here, the court agreed, and dismissed Twitter’s breach-of-contract claims on that basis. In November 2023, X corp. on all counts.

Blogging 123

Blogging Contracts Cease and Desist Social Media 123

Plagiarism Today

JANUARY 11, 2022

According to the lawsuit, Crabtree worked as a colorist on the series and was granted a portion of royalties on both single sales and any adaptations of the comic and its characters via an oral contract. Otto had issued a cease and desist letter in March, which the school responded to by phasing out the use of the logo.

Cease and Desist 130

Cease and Desist Licensing Reporting Plagiarism 130

The IPKat

DECEMBER 15, 2023

This time, the dispute notably concerns both the originality of photographs and their use for a period exceeding that stipulated in the copyright assignment contract. On 8 July 2019, Ms Y unsuccessful addressed a cease-and-desist letter to L'Oréal. The French company refused to regulate the situation.

Copyright Infringement 126

Copyright Infringement Copyright Cease and Desist Intellectual Property 126

Technology & Marketing Law Blog

MAY 2, 2022

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?

Cease and Desist 116

Cease and Desist Contracts Privacy Business 116

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

TorrentFreak

FEBRUARY 7, 2024

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. The defendant allegedly teamed up with unnamed co-conspirators. However, these notices didn’t result in the desired outcome.

Cease and Desist 138

Cease and Desist Contracts Publishing Copying 138

TorrentFreak

AUGUST 21, 2021

Last year his Area 51 service was shut down following a cease-and-desist issued by the Alliance For Creativity and Entertainment (ACE). They also allege a breach of contract in respect of the settlement agreement while demanding an injunction to restrain Tusa moving forward. Early July in a California court, Warner Bros.,

Cease and Desist 145

Cease and Desist Settlement Copyright Infringement Copyright 145

TorrentFreak

SEPTEMBER 14, 2021

In 2020 his Area 51 service was shut down following an Alliance For Creativity and Entertainment (ACE) cease-and-desist letter. Breach of Contract. According to the complaint filed in a California court, Tusa is well known to the plaintiffs. As noted, Tusa reached a settlement agreement with the studios on October 12, 2020.

Settlement 144

Settlement Cease and Desist Confidentiality Television 144

TorrentFreak

JULY 1, 2024

” The pirate shops that Archbox is believed to be involved in include Jack-in-the-Shop, Turtle in the Shop and NekoDrive, which all shut down following a cease and desist letter Nintendo sent in March.

Cease and Desist 145

Cease and Desist Copying Copyright Infringement Copyright 145

43(B)log

OCTOBER 18, 2024

Although the court dismissed a contract claim, copyright and false advertising claims survived. Andrews and PGA Tour courses sent cease-and-desist letters to defendants, after which defendants ‘removed, disabled access to, or renamed the St. Andrews and various PGA Tour courses.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

TorrentFreak

DECEMBER 6, 2022

Friend MTS offers dynamic, near real-time blocking of illegal IPTV streams and recent contract renewals ( 1 , 2 ) suggest that expectations are being met. Two years on from these operations, ACE executed a successful cease and desist action near Belgrade, Serbia. ACE Has Experience in Key Areas.

Cease and Desist 145

Cease and Desist Reporting Marketing Marketing 145

Trading Secrets

JULY 27, 2022

The letter further advised Macaroco that Vanity Lab would take legal action to enforce its rights in the event of a breach of her contract. Notably, the defendant employer in this case went beyond merely sending a cease-and-desist letter to Macaroco, instead allegedly using it to prevent others from doing business with her.

Cease and Desist 59

Cease and Desist Confidentiality Contracts Business 59

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 131

Blogging Law Contracts Cease and Desist 131

Technology & Marketing Law Blog

AUGUST 24, 2023

In the context of web scraping, the question is whether, once a web scraper gets its authorization revoked (usually via cease-and-desist letter, but often in the form of various anti-bot protections), whether any further scraping and use of a website’s data is “without authorization” within the meaning of the CFAA.

Blogging 98

Blogging Contracts Intellectual Property Social Media 98

LexBlog IP

OCTOBER 12, 2021

As part of the new Fair Consumer Contracts Act , [ Gesetz für Faire Verbraucherverträge ; published in the Federal Gazette (Part I) no. 53/2021, p. 3433 et seq., full text publicly available ( in German ) Germany will soon require specific cancellation/termination mechanisms for consumer subscriptions. Read the full client alert.

Cease and Desist 52

Cease and Desist Contracts Publishing Business 52

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

Technology & Marketing Law Blog

MARCH 28, 2023

Meta sent Bright Data a series of cease-and-desist notices telling it to stop. Much digital ink has been spilled on online contract formation; much less on online contract termination. On the surface, this case follows the fact pattern of nearly all web-scraping cases. Bright Data didn’t stop.

Blogging 126

Blogging Cease and Desist Contracts Marketing 126

Technology & Marketing Law Blog

JANUARY 25, 2024

Then he reversed course on remand and ruled in favor of LinkedIn on its breach of contract claims. On January 23rd, Judge Chen once again dropped a bombshell for the web-scraping world (and those looking to stop it) by ruling in favor of Bright Data and against Meta on its breach of contract claims at summary judgment. Bright Data Ltd.

Blogging 98

Blogging Contracts Cease and Desist Confidentiality 98

Larson & Larson

SEPTEMBER 3, 2021

However, you can stop infringement through the following: Use a Cease and Desist Letter. A lawyer can help you draft and send a cease and desist letter. A cease and desist letter is often a simple solution where the alleged infringer does so unintentionally. Bottom Line.

Intellectual Property 52

Intellectual Property Cease and Desist IP Contracts 52

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

The IPKat

OCTOBER 8, 2024

In a case involving a patent for herbicide compositions, the UPC Munich Local Division was asked to consider whether the alleged infringer's marketing of a product within the Contracting Member States under the same brand name as a clearly infringing product sold outside the Member States created a risk of first (or imminent) infringement.

Advertising 64

Advertising Advertising Patent Infringement Cease and Desist 64

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 111

Fair Use Cease and Desist Contracts Ownership 111

The IPKat

AUGUST 7, 2024

82(3) UPCA provides for enforcement procedure to be governed by the law of the Contracting Member State where the enforcement takes place. The penalty for this was set at 500.00 The penalty for this was set at 25,000.00 EUR which is significantly higher but necessary to protect myStromer’s business interests. However, reading Art.

Cease and Desist 106

Cease and Desist Art Patent Advertising 106

IP and Legal Filings

OCTOBER 18, 2024

Defendant arguments The defendant argued that Infosys had previously issued a cease and desist notice on 27/04/2024 but failed to complete it. Infosys said in court that its ability to sell itself and its growth in India and other countries showed how important it is to businesses today.

Trademark 104

Trademark Cease and Desist Brands Branding 104

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

OCTOBER 28, 2022

As usual in these types of cases, Ryanair sent cease-and-desist letters to Booking telling it to stop. Booking Holdings is the parent company of multiple OTAs that publish fare data and sell Ryanair flights in purported violation of Ryanair’s terms of service. Needless to say, it didn’t stop. hiQ Labs II at 43.

Blogging 111

Blogging Cease and Desist Business Litigation 111

The IPKat

MARCH 14, 2024

As the persons by whom the arrangements for the making of the audiovisual work were made (see section 108 on definition of author of an audiovisual work), it seems that Ini Edo and Chinenye Nworah are the authors of the audiovisual work (Shanty Town) unless their contract provides otherwise.

Copyright 80

Copyright Cease and Desist Ownership Registration 80

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

SpicyIP

SEPTEMBER 4, 2023

The court held that it cannot decide at an interim stage on the question of whether an injunction can be obtained in the light of Sections 41 and 14 of the Specific Relief Act, read with Section 27 of the Contract Act. Eminem sends cease and desist notice to Vivek Ramaswamy. Notorious B.I.G.’s

Cease and Desist 105

Cease and Desist Patent Prosecution Trademark Derivative Work 105

The IPKat

SEPTEMBER 26, 2023

Regent believed that it held the right to synchronise this work under a sub-publishing contract with Delphine productions. sent a cease-and-desist letter to the three companies. noticed that his music had been synchronised in a murder scene shown in episode 10 of season 2 of Narcos - Mexico. In all this, the Court upheld Mr M.'s

Moral Rights 75

Moral Rights Music Cease and Desist Contracts 75

LexBlog IP

MARCH 28, 2022

The contract included a one-year non-compete clause and a forum-selection and choice-of-law clause requiring contract disputes to be adjudicated in New Jersey under New Jersey law. . (“HOC”) and signed an employment agreement with HOC’s parent company, Stryker Corporation (“Stryker”).

Cease and Desist 52

Cease and Desist Law Contracts Government 52

The IP Law Blog

JANUARY 12, 2023

Items that were developed or created through the use of independent contractors, such as consultants, photographers, website and application developers, software developers, advertising agencies, graphic artists, production companies, and the like, may be company assets depending on contract terms.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Trading Secrets

JANUARY 24, 2024

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). In recent consent orders, the SEC normally included a notification requirement and obligation to revise non-compliant agreements.

Confidentiality 52

Confidentiality Cease and Desist Settlement Social Media 52

43(B)log

JANUARY 3, 2024

CCM counterclaimed for abuse of process and for violations of the Lanham Act and related state laws; one ex-employee also brought counterclaims against loanDepot for breach of contract and breach of the implied covenant of good faith and fair dealing.

False Advertising 59

False Advertising Cease and Desist Advertising Advertising 59

LexBlog IP

JANUARY 24, 2024

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). In recent consent orders, the SEC normally included a notification requirement and obligation to revise non-compliant agreements.

Confidentiality 52

Confidentiality Cease and Desist Settlement Social Media 52