Remove Cease and Desist Remove Fair Use Remove Social Media
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The 5 Worst Copyright Decisions of 2024

Copyright Lately

The trouble began when Albany radio station WGNA asked its social media followers to vote for the regions best fried chicken and tagged a few contenders, including Chicken Joes, which retweeted the stations original post. Admittedly, it’s not a textbook cease-and-desist response. Fair Use Declawed.

Copyright 118
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What’s Up With Copyright Lately?: Spring Cleaning Edition

Copyright Lately

Bibas Kicks It Upstairs The first case to directly address fair use in AI training is now heading to a federal appeals court, as Judge Stephanos Bibas has decided to certify an interlocutory appeal in Thomson Reuters v. Let me know in the comments below or @copyrightlately on social media. Ross Intelligence.

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Too Rusty For Krusty–Nickelodeon v. Rusty Krab Restaurant (Guest Blog Post)

Technology & Marketing Law Blog

Judging from the Rusty Krab’s marketing efforts and social media promotion as detailed in Viacom’s complaint, the pop-up was far more focused on providing the backdrop for Instagram-worthy selfies than it was on producing edible food. The court spends more time on its likelihood of confusion analysis.

Blogging 111
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Trademark Infringement in the Digital Age

IP and Legal Filings

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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Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute

SpicyIP

Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice. The bulk of the judgement focussed on the non-commercial social-commentary aspect of the game to carve out an exception for such use, which may result in future courts holding non-commercial use as a necessary condition.

Trademark 130
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People Don’t Come to See the Tattoo, They Come to See the Show

IP Tech Blog

As a way to supplement her income, she put on a contest whereby her social media followers would buy gift certificates for future tattoos and would get to vote on one of several funny tattoos that would eventually be tattooed onto the artist’s husband. Netflix moved to dismiss the complaint on, among other grounds, fair use.

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Why Netflix’s “Bridgerton” Lawsuit is Good for Fan Fiction

Copyright Lately

Netflix could have sent Barlow & Bear a cease and desist letter hand-delivered by Regé-Jean Page. While Barlow & Bear may now try to argue that their work constitutes fair use, it’s a weak defense in this case. Just as remarkable as Barlow & Bear’s success was Netflix’s response.

Music 112