Cease and Desist Fair Use Litigation Registration 
Technology & Marketing Law Blog
MARCH 15, 2022
Fuxi, the putative copyright owner, has a registration for an image of printed sage leaves (the left image): The alleged infringer, the Sunny Factory, sells the candles on the right on Amazon. So extending the litigation privilege to DMCA takedown notices seems like an overreach. Defamation. ” This is clearly wrong.
Plagiarism Today
OCTOBER 26, 2021
The name Beetlejuice, for example, has multiple registered trademarks related to it including registration number 4863369, which covers the use in “Clothing for men, women and children…”. Trademark isn’t interested in the copying of the mark, but whether the use of the mark causes confusion in the marketplace.
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Technology & Marketing Law Blog
MARCH 6, 2022
“Plaintiff’s takedown letters and supporting document establish facially plausible claims of infringement, and Babybus does not allege a plausible basis for a fair use defense.” Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.
Technology & Marketing Law Blog
DECEMBER 15, 2021
To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. The registrant counternoticed each time.
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. Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.
Technology & Marketing Law Blog
APRIL 29, 2023
” As for the remaining copyright-based takedown notice, the court says it doesn’t matter that BAYC didn’t have a copyright registration for the work at issue because unregistered works are still protectable. New Destiny Church * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Federici * Biosafe-One v.
IP and Legal Filings
MARCH 5, 2024
For trademark owners, litigation was their main option. It gave them the ability to sue in court to stop infringement and recover damages for unapproved use of their marks. Trademark owners frequently used cease and desist letters to pressure infringers to stop using their marks without authorization before taking legal action.
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