Technology & Marketing Law Blog

MARCH 15, 2022

That’s by design–the DMCA was designed to resolve matters outside of court. Now, imagine the rightsowner also overclaimed trade dress protection for its sage leave design. Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. Alper Automotive v.

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Copyright Fair Use Cease and Desist Litigation 128

LexBlog IP

MAY 8, 2023

Consider how you’re going to bring the game to market and to your business plan. and abroad: This essential step strategically files word marks and design marks in the U.S. Design patent filing – U.S. Let the infringers know they’re wasting their money by copying your IP. and other key foreign countries.

Intellectual Property 52

Intellectual Property Cease and Desist IP Litigation 52

Technology & Marketing Law Blog

AUGUST 8, 2021

” Market Effect. ” UGH, no. “Because Defendant does not dispute that it copied the entire Emmy Statuette to create the Crony Graphic, the Court finds a presumption of bad faith to be appropriate here.” Multimedia System Design , 2021 WL 3271829 (S.D.N.Y. .” Amount Taken. ” UGH.

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Fair Use Television Cease and Desist Copyright 131

Technology & Marketing Law Blog

NOVEMBER 30, 2023

Allegedly on behalf of Barrett, an SEO vendor sent DMCA takedown notices to Google, alleging that Source Capital had copied some of Barrett’s copyrighted material. Instead, Source Capital alleges the DMCA takedown notices were “knowingly false” and designed to kick Source Capital out of the Google search results during the high season.

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Fair Use Cease and Desist Copyright Ownership 65

Technology & Marketing Law Blog

APRIL 29, 2023

Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. Day to Day Imports * Satirical Depiction in YouTube Video Gets Rough Treatment in Court * 512(f) Preempts Tortious Interference Claim–Copy Me That v. Summit Entertainment * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v.

Fair Use 98

Fair Use Cease and Desist Copyright Trademark 98

SpicyIP

NOVEMBER 26, 2022

In the last week of October, NSE proceeded to issue cease and desist notices to stock gaming apps to prevent them from using its data in their gaming apps that mirror the real-time trading of shares. To build the forthcoming argument, an analogy is to be drawn between the NSE data and the copy-edited judgments in question in DB Modak.

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Copyright Cease and Desist Copyright Law Copying 105

Technology & Marketing Law Blog

AUGUST 16, 2023

By design, it seeks to push questions over ownership to court, rather than have the intermediary service try to resolve those question. Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. Summit Entertainment * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v.

Ownership 64

Ownership Cease and Desist Fair Use Copyright 64

Technology & Marketing Law Blog

OCTOBER 4, 2022

Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. RIAA appeared first on Technology & Marketing Law Blog.

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Cease and Desist Fair Use Copyright Blogging 86

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. This seems like a question that must be answered before granting equitable relief designed to help it continue operating its business… ¯_(?)_/¯.

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Cease and Desist Contracts Privacy Business 111

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Your Copy-Rights. Utility and Design Patents. Utility patents cover the way an invention works while design patents cover the way an invention looks.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

Technology & Marketing Law Blog

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. Day to Day Imports * Satirical Depiction in YouTube Video Gets Rough Treatment in Court * 512(f) Preempts Tortious Interference Claim–Copy Me That v.

Fair Use 103

Fair Use Cease and Desist Contracts Ownership 103

Technology & Marketing Law Blog

AUGUST 18, 2022

Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. . * A 512(f) Plaintiff Wins at Trial! Alper Automotive v.

Fair Use 105

Fair Use Cease and Desist Copyright Blogging 105

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. Defendant had not obtained the Deposit Design from the Copyright Office. Defendant had not tried to find out why Amazon kept reinstating Plaintiff’s listing.

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Registration Fair Use Copyright Designs 113

IIPRD

FEBRUARY 6, 2024

A thorough awareness of intellectual property laws is crucial, regardless of your career goals—be they that of a fashion designer, singer, filmmaker, or just someone curious about the legal side of entertainment. It gives authors and artists the sole ownership rights to their original writings, music, films, and artwork.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Your Copy-Rights. Utility and Design Patents. Utility patents cover the way an invention works, while design patents cover the way an invention looks.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

LexBlog IP

OCTOBER 25, 2021

Starting in 2004 , the Company began issuing cease-and-desist letters to competitors, demanding that they prevent their search ads from appearing in response to the keyword “1-800 Contacts.” However, in the fall of 2019 , Warby Parker became a direct competitor of 1-800 Contacts by entering the contact lens market.

Advertising 52

Advertising Advertising Trademark Cease and Desist 52

IIPRD

JANUARY 23, 2023

It further expanded its domain as a manufacturer by establishing a market for its self-made products such as kindle for e-book services, audiobook and ‘cloud computing’ web storage services. Williams-Sonoma commented that Amazon’s own product line “Rivet” has infringed patents of furniture designs. [3]

Patent Infringement 52

Patent Infringement Patent Cease and Desist IP 52

SpicyIP

FEBRUARY 13, 2023

Regardless, it sent a cease and desist to the defendants in 2022 who have a shop in Jaipur with a similar name and have registered the word mark in 2013. The court clarified that for this defence, enshrined u/s 19 and 22(3), to work, “ the lack of novelty or originality has to be seen as on the date when the design was registered.

Designs 52

Designs Design Trademark Cease and Desist 52

SpicyIP

MARCH 27, 2023

Controller of Patents and Designs. Case: Biomoneta Research Vs Controller General of Patents Designs on 13 March 2023 (Delhi High Court) The matter pertained to an appeal against the order of the controller rejecting a patent application for ‘Air Decontamination Assembly’. 7 of the plaintiff’s registered design of urination device.

Designs 105

Designs Design Cease and Desist Art 105

Kluwer Copyright Blog

NOVEMBER 24, 2021

The defendant in that case had offered adapters for sale which enabled Nintendo games, that had been produced by third parties in circumvention of copy protection measures and downloaded from the internet, to be used on the Nintendo games console. Injunctive relief (Section 97(1) UrhG) and cease and desist agreements.

Contracts 98

Contracts Copyright Law Cease and Desist 98

43(B)log

AUGUST 18, 2021

During this period, defendants continued to grow and develop their inventory and marketed “Sturgis” and “Sturgis Motor Classic” rally products. The Composite Design Mark registration specifically acknowledged that it made “no claim. SMRI ultimately sent one C&D in August 2006, and filed suit in June 2011. What about unclean hands?

Cease and Desist 62

Cease and Desist False Advertising Registration Licensing 62

SpicyIP

NOVEMBER 21, 2022

The court relied on the studies conducted by Lumen and “large volumes” of cease and desist complaints to prima facie establish that the App is a rogue website and deserves to be blocked as a whole. Controller General of Patents Designs and Trade Marks launches IPO Grievance Portal. Pharmacy Council of India and Ors.,

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IP Cease and Desist Patent Music 100