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Finally, it points out Viacom is the owner of three valid trademark registrations for the KRUSTY KRAB mark and 400 copyright registrations covering “creative aspects of the SpongeBob SquarePants franchise,” including episodes from the animated television series, movies, drawings, and stylebooks featuring artwork from the franchise.
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 fairuse, it’s a weak defense in this case. Just as remarkable as Barlow & Bear’s success was Netflix’s response.
And many of the sites where the data is collected also have prohibitions on automated data collection and web scraping in their terms of use. Platforms that copy online data and use it to create AI have a strong fairuse argument under copyright laws. But fairuse isn’t a defense to a breach of contract claim.
2] Dash originally planned to use SuperFarm, an NFT website, to mint and sell the NFT of the album. [3] Following the announcement, Roc-A-Fella’s attorneys sent cease-and-desist letters to SuperFarm and Dash. However, Damon lacked any individual interest in the copyright. [2] As a result, SuperFarm cancelled the auction. [5]
The video depicted its award as the well-known Emmy statuette with a coronavirus replacing the atom in the holder’s hands: The Television Academies, who own the IP rights to the statuette, targeted the video with a DMCA notice to YouTube, which YouTube honored. Copyright Infringement/FairUse. Goodman counternoticed.
The court also credits the self-serving claim by the successor licensee that it considered fairuse by comparing the works and evaluating if the works were being sold commercially or for other purposes. Signal 23 Television v. New Destiny Church. * ‘Reaction’ Video Protected By FairUse–Hosseinzadeh v.
As Professor Farley and I discuss in Part II of our paper, several circuits require a commercial use of the mark for infringement (or an exception for noncommercial speech) and dismiss lawsuits without applying all of the likelihood of confusion factors if the unauthorized use of the mark is not commercial speech. Redbubble, Inc. ,
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