Indiana Intellectual Property Law

SEPTEMBER 22, 2023

Indiana) in part, for copyright infringement of works of original authorship. Instruments of Service ) created by DCG, while also maintaining that DCG was the author and owner of said Instruments of Service, and would, therefore, retain all common law , statutory and other reserved rights, including copyrights. Continue reading

Copyright Infringement 98

Copyright Infringement Cease and Desist Copyright Contracts 98

Technology & Marketing Law Blog

FEBRUARY 27, 2022

On January 9th, American Airlines sent TPG a cease-and-desist letter. Knowing well that litigation in the Northern District of Texas is not in its best interests, TPG filed a declaratory judgment in Delaware hoping to take advantage of the first-to-file rule. Of course, Facebook objected and sent a cease-and-desist letter.

Cease and Desist 124

Cease and Desist Blogging Contracts Social Media 124

Biswajit Sarkar Copyright Blog

NOVEMBER 16, 2021

Copyright is a type of intellectual property rights. One infringes on copyrighted works when they violate the exclusive rights of the owner. But how do you prove that a considerable amount of your copyrighted work has been infringed? How do you show that their final product is the same as your copyrighted work?

Copyright Infringement 97

Copyright Infringement Copyright Cease and Desist Intellectual Property 97

TorrentFreak

NOVEMBER 3, 2023

The DMCA takedown process allows copyright holders to report infringing content and have it removed or taken down. In an attempt to curtail the abuse, the site sent a cease and desist letter to Google in April, asking the search engine to begin verifying senders of DMCA notices. In addition, YTMP3.nu

Cease and Desist 124

Cease and Desist Music Copying Fair Use 124

JD Supra Law

JANUARY 10, 2024

When an entity or an individual believes their IP rights, be it a patent, a trademark, a trade secret, or a copyright, have been infringed upon, the typical first step is to send a demand or cease-and-desist letter to the alleged infringer. By: Brooks Kushman P.C.

Intellectual Property 68

Intellectual Property Cease and Desist Litigation IP 68

Traverse Legal Blog

MARCH 21, 2025

Sending a cease-and-desist letter or a formal demand notice before filing an Amazon takedown request can increase the likelihood of success. Additionally, copyright claimsespecially for unauthorized use of product images and brandingcan serve as another valuable tool in getting infringing listings removed.

Branding 52

Branding Branding Brands Marketing 52

LexBlog IP

OCTOBER 30, 2021

It is also an increasingly popular medium for infringers to illegally source and share copyrighted materials. Fortunately, copyright law prohibits the unauthorized reproduction of a work. Copyright disputes do not need to escalate into costly and time-consuming litigation. What is Copyright?

Copyright Infringement 52

Copyright Infringement Cease and Desist Copyright Social Media 52

TorrentFreak

AUGUST 1, 2023

The DMCA takedown process allows copyright holders to report infringing content and have it removed or taken down. In an effort to curtail the abuse, earlier this year the site sent a cease and desist letter to Google, asking the search engine to begin verifying senders of DMCA notices. In addition, YTMP3.nu

Cease and Desist 98

Cease and Desist Music Copyright Advertising 98

Intellectual Property Law Blog

JUNE 9, 2021

There are several strategies for protecting your brand and your business ranging from quick and inexpensive actions such as cease and desist letters, to district court and International Trade Commission (ITC) litigation. In addition, they may be liable for defective counterfeit products even if they did not manufacture them.

Branding 113

Branding Branding Brands Cease and Desist 113

Technology & Marketing Law Blog

MAY 13, 2024

But by providing a foil in litigation against both the Center for Countering Digital Hate (“CCDH”) and Bright Data (the world’s largest seller of scraped data), he’s given judges in the most important district court in the country for tech legal issues, the Northern District of California, plenty of motivation to rule against him.

Blogging 123

Blogging Contracts Cease and Desist Social Media 123

TorrentFreak

FEBRUARY 16, 2023

Activision vs. Call of Duty Cheat-Makers Activision is among several companies leveraging copyright law to send a message to cheat-makers. In broad terms, both defendants have agreed to permanently cease and desist from knowingly or intentionally performing any of the activities detailed in a comprehensive list.

Cease and Desist 145

Cease and Desist Intellectual Property Confidentiality Litigation 145

Technology & Marketing Law Blog

FEBRUARY 21, 2025

Invisible Narratives claims to own the copyrights and trademarks to the series. Next Level unlawfully submitted takedown notices to YouTube under the Digital Millennium Copyright Act (DMCA Takedown Notices) which claimed that Season 25 of Skibidi Toilet contained copyright content owned by Next Level. ” PREACH!

Copyright 40

Copyright Cease and Desist Fair Use Intellectual Property 40

TorrentFreak

APRIL 27, 2022

Cease and Desist. While court cases are also part of the repertoire, a cease-and-desist letter is usually the first step taken. As ACE is expanding, the cease-and-desist approach has become a more international endeavor. Cease-and-desist letters can be effective but they are no silver bullet.

Cease and Desist 98

Cease and Desist Privacy Business Law 98

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. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

SpicyIP

SEPTEMBER 25, 2023

Would Sending a Cease-and-Desist Notice Harm Your Chances of Securing an Ex Parte Ad Interim Injunction? Some Perspectives Would Sending a Cease-and-Desist Notice Harm Your Chances of Securing an Ex Parte Ad Interim Injunction? On the other hand, this gives a chance to the violating party to quickly dispose of the goods.

Cease and Desist 105

Cease and Desist Copyright Infringement Invention Social Media 105

TorrentFreak

NOVEMBER 23, 2023

Two years ago, Bungie filed a complaint at a federal court in Seattle, accusing AimJunkies.com of copyright and trademark infringement, among other things. The original complaint didn’t provide sufficient evidence for a plausible claim that the ‘Destiny 2 Hacks’ infringed any copyrights, the Judge concluded.

Cease and Desist 133

Cease and Desist Copyright Infringement Copyright Intellectual Property 133

Technology & Marketing Law Blog

AUGUST 18, 2022

The Copyright Office registered this work: The registration makes sense with the landscape backgrounds. 400 in damages after 4 years of litigation won’t put a smile on anyone’s face. Court Mistakenly Thinks Copyright Owners Have a Duty to Police Infringement–Sunny Factory v. The Lower Court Ruling.

Fair Use 122

Fair Use Cease and Desist Copyright Blogging 122

IPilogue

APRIL 11, 2022

Lehv is a senior litigation counsel at Fross Zelnick Lehrman & Zissu, P.C. Lehv pointed out that purchasing an NFT does not necessarily include copyright assignment, and therefore, returns from the NFT are limited to resale. He authored “ The Treachery of Images: Non-fungible Tokens and Copyright ”. Alexandra Giannoloulou.

Non-Fungible Tokens 105

Non-Fungible Tokens Cease and Desist Intellectual Property Artwork 105

Technology & Marketing Law Blog

MARCH 6, 2022

Babybus runs a competitive channel that Moonbug believes infringes its copyrights. An example: Moonbug submitted takedown notices to YouTube covering at least 70 videos and sued Babybus for copyright infringement. Canning. * 17 USC 512(f) Preempts State Law Claims Over Bogus Copyright Takedown Notices–Amaretto v.

Fair Use 111

Fair Use Cease and Desist Copying Copyright Infringement 111

Technology & Marketing Law Blog

AUGUST 8, 2021

The Television Academies sued Goodman for copyright infringement, trademark infringement and dilution, and defamation. Copyright Infringement/Fair Use. Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v.

Fair Use 135

Fair Use Television Cease and Desist Copyright 135

Technology & Marketing Law Blog

DECEMBER 15, 2021

A refresher: in 1998, Congress created a notice-and-takedown scheme for user-submitted items that allegedly infringe copyright. Copyright owners send takedown notices, and service providers either remove the items or lose the safe harbor. The DMCA’s main counterbalance to copyright owner overreach was supposed to be 512(f).

Registration 132

Registration Fair Use Copyright Designs 132

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. Yet, the dispute is still very heavily litigated in the district court (while the Ninth Circuit was mulling over its ruling in light of Van Buren ). Eric’s Comments.

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Cease and Desist Contracts Privacy Business 116

TorrentFreak

FEBRUARY 22, 2024

Several record labels including Sony and UMG, sued the Internet Archive for copyright infringement in Manhattan federal court last year. The record labels were aware of this, they allege, as the RIAA sent a cease and desist letter on their behalf but took no further action at the time.

Copying 121

Copying Licensing Fair Use Cease and Desist 121

Technology & Marketing Law Blog

SEPTEMBER 15, 2024

UMG owns the copyright to the “Right Now” sound recording, but not the beat. did not infringe its copyright” and ends the case. July 23, 2024): the defendants allegedly falsely targeted 117k items through its copyright webform, which Google delisted based on these false premises. UMG Recordings, Inc.

Fair Use 105

Fair Use Cease and Desist Ownership Licensing 105

Technology & Marketing Law Blog

OCTOBER 4, 2022

One weird piece: the court implies that a copyright owner can enforce violations of access control limits deployed by third parties, i.e., RIAA could sue Yout for Yout’s violation of YouTube’s access control technology. It sought a declaratory judgment that it did not violate 17 USC 1201(a)(1) or 1202. The complaint.

Cease and Desist 96

Cease and Desist Fair Use Copyright Blogging 96

Canadian Intellectual Property Blog

OCTOBER 28, 2020

With the ever-increasing presence of social media, including websites like YouTube where content can generate income, copyright infringement is escalating at alarming rates. Unfortunately, it is no secret that the cost of enforcing copyright through the courts is expensive.

Social Media 52

Social Media Copyright Cease and Desist Copyright Infringement 52

Technology & Marketing Law Blog

APRIL 29, 2023

Of the efficacious four, three were based exclusively on trademark rights, not copyright. The court says those aren’t DMCA takedown notices by definition, because they didn’t assert any copyright interests; so they are outside 512(f)’s scope. Because the other 21 didn’t have any effect, the court ignores those.

Fair Use 105

Fair Use Cease and Desist Copyright Trademark 105

TorrentFreak

DECEMBER 26, 2022

“Collaboration enables ACE members and the local content industry to speak to government officials with one voice about the need to better prioritize copyright enforcement. From: TF , for the latest news on copyright battles, piracy and more. This is a two-way street, as ACE also assists governments in local enforcement efforts.

Cease and Desist 144

Cease and Desist Government Confidentiality Settlement 144

Technology & Marketing Law Blog

DECEMBER 5, 2022

Day to Day Imports. * Court Mistakenly Thinks Copyright Owners Have a Duty to Police Infringement–Sunny Factory v. Okularity. * Copyright Plaintiffs Can’t Figure Out What Copyrights They Own, Court Says ¯_(?)_/¯. * A 512(f) Case Leads to a Rare Damages Award (on a Default Judgment)–California Beach v.

Marketing 85

Marketing Marketing Cease and Desist Fair Use 85

BYU Copyright Blog

JUNE 27, 2022

On our last post in the Bell saga, we reported that the Court of Appeals ruled against Dr. Keith Bell (“Bell”) and labeled him as a “serial litigant.” The post allegedly was “stripped of any notice of copyright, the author’s name, surrounding literary text, or other information identifying the work or the author of the work.”

Cease and Desist 52

Cease and Desist Copying Litigation Reporting 52

Technology & Marketing Law Blog

APRIL 1, 2023

TL;DR: a copyright takedown notice that doesn’t meet the elements of 512(c)(3) cannot give rise to a 512(f) clam. Specifically, the putative copyright owners didn’t send a proper 512(c)(3) takedown notice because: it lacked specific identification of the copyrighted works. ” Cite to ISE v. Alper Automotive v.

Fair Use 111

Fair Use Cease and Desist Contracts Ownership 111

JIPEL Copyright Blog

MARCH 21, 2022

scene in the past, things seemed to come to a head in November 2020 when Nintendo sent a cease-and-desist letter to the Tournament Organizers (TOs) of the Big House, an upcoming streamed Melee tournament, and subsequently forced them to cancel the event. Melee , know this better than anyone. The second issue comes from Slippi itself.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Cease and Desist Law 59

Larson & Larson

SEPTEMBER 3, 2021

for litigation. 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.

Intellectual Property 52

Intellectual Property Cease and Desist IP Contracts 52

Technology & Marketing Law Blog

AUGUST 16, 2023

Copyright owners are in the best position to spot and redress infringement, so they should identify alleged infringement to services and seek intervention when they see infringements. This paradigm, however, breaks down when copyright ownership is contested. The litigants are an employer and former employee. Alper Automotive v.

Ownership 75

Ownership Cease and Desist Fair Use Copyright 75

The IPKat

APRIL 27, 2024

Litigation involving the alleged infringement of rights in ready-to-wear clothing is a frequent occurrence [ IPKat here , here ]. Analysis of these cases often raises questions about the conditions for protection under copyright and design law, and even about the concept of cumulative protection.

Cease and Desist 69

Cease and Desist Designs Design Copyright Infringement 69

TorrentFreak

MARCH 10, 2022

The sites are taken down in a number of ways, from cease-and-desist warnings to full-blown litigation. From: TF , for the latest news on copyright battles, piracy and more. From a high of 1,400 illegal platforms in that region in 2019, various anti-piracy campaigns reportedly reduced that number to 238 in 2021.

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Cease and Desist Reporting Advertising Advertising 98

JIPL Online

NOVEMBER 1, 2021

Mods are beneficial for the video game industry, [3] but mods can threaten a company’s copyright exclusivity because of their status as derivative works. [4] 4] Mods that collect revenue by paywalls are likely to scare copyright holders into litigation. [5] Why Litigation Threats Do Not Match Realities of the Mod Community.

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Derivative Work Cease and Desist Blogging Litigation 59