Plagiarism Today

OCTOBER 26, 2021

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Since the costume doesn’t have a mask or any accessories, from a copyright standpoint, it’s likely not breaking any laws. This isn’t to say there’s been no litigation in this area.

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Trademark Copyright Cease and Desist Copying 279

Traverse Legal Blog

SEPTEMBER 15, 2023

Why This Article Matters to You If your company has recently received a cease-and-desist letter or any form of legal threat related to using Meta Pixel or similar technology, this article should help you start to understand next steps.

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JD Supra Law

SEPTEMBER 17, 2024

When seeing similar trademarks or trade dress employed by a third party, companies often immediately react with a demand letter requiring the target to “immediately cease and desist” its use of the IP and threatening litigation for the target's failure to do so. Such letters are often ill-advised.

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Cease and Desist Litigation IP Trademark 64

LexBlog IP

SEPTEMBER 15, 2023

Why This Article Matters to You If your company has recently received a cease-and-desist letter or any form of legal threat related to using Meta Pixel or similar technology, this article should help you start to understand next steps.

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IP and Legal Filings

NOVEMBER 12, 2024

However, the process is quite challenging, and small mistakes can result in everything being disarranged, with regard to causing delays in the application, litigations, or even refusal of the application. Introduction Registration of a trademark is an important step toward building a brand on solid ground.

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IP and Legal Filings

OCTOBER 26, 2023

The trademark owners enjoy monopoly and exclusive proprietary rights of their trademarks through the law of trademark protection. The modus operandi of bullying and legal threats which are baseless by large entities gets initiated by serving a cease and desist notice which contains threats of instituting a trademark infringement suit.

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Cease and Desist Trademark Registering Trademarks Business 105

Intellectual Property Law Blog

JUNE 9, 2021

If a consumer is injured by a counterfeit product, anyone who manufactures or distributes the product may be liable under tort law. Retailers may also face liability for selling fraudulent, poor quality and potentially unsafe goods. In addition, they may be liable for defective counterfeit products even if they did not manufacture them.

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Branding Branding Brands Cease and Desist 113

JD Supra Law

JANUARY 10, 2024

In a world propelled by innovation and technology, the evolving nature of intellectual property (IP) law and the interconnectedness of global markets often lead to disputes and legal quandaries.

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Intellectual Property Cease and Desist Litigation IP 67

TorrentFreak

NOVEMBER 3, 2023

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. nu also asked for a litigation hold in anticipation of future legal action. In addition, YTMP3.nu While YTMP3.nu’s

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Cease and Desist Music Copying Fair Use 125

Technology & Marketing Law Blog

DECEMBER 9, 2022

Someone has referred you here because you’ve said something wrong about the laws related to web scraping in the United States. The law related to web scraping is far too nuanced to make such a declarative statement. Don’t worry! You’re not alone. If you said something like “web scraping is illegal”. That’s misleading at best.

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Blogging Law Contracts Cease and Desist 131

IPilogue

JULY 5, 2022

Serena Nath is an IPilogue Writer and a rising 2L JD candidate at Osgoode Hall Law School. In a cease and desist letter sent to the pub at the beginning of May 2022, Conde Nast threated to sue the pub over its name, stating that Condé Nast is the proprietor of the Vogue mark.

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Cease and Desist Intellectual Property Law Intellectual Property Settlement 119

Indiana Intellectual Property Law

SEPTEMBER 22, 2023

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

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Copyright Infringement Cease and Desist Copyright Contracts 98

JD Supra Law

MARCH 27, 2024

Writing a sternly worded cease and desist letter is often a good first step that we recommend to clients, however it must be done in a way that properly sets the table for court intervention, while not broadcasting too much about litigation strategy.

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TorrentFreak

APRIL 27, 2022

These “boots on the ground” allow access to local governments and law enforcement, to target local piracy players. Cease and Desist. While court cases are also part of the repertoire, a cease-and-desist letter is usually the first step taken. ACE Books Progress. ” Civil and Criminal Lawsuits.

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Cease and Desist Privacy Business Law 98

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.

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Cease and Desist Intellectual Property Confidentiality Litigation 145

Patently-O

JANUARY 17, 2024

2024) ( Apple Stay Denial ) After initially granting a temporary reprieve, the Federal Circuit has now denied Apple’s stay pending appeal of the International Trade Commission’s limited exclusion order and cease-and-desist order (“the Remedial Orders”) against Apple Watch Series 9 and Ultra 2.

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Marketing Marketing Cease and Desist Confidentiality 116

TorrentFreak

AUGUST 1, 2023

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. nu also asked for a litigation hold in anticipation of future legal action. In addition, YTMP3.nu ’,” the complaint explains.

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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

Patently-O

FEBRUARY 19, 2023

by Dennis Crouch Rule 1 of the Federal Rules of Civil Procedure sets out a bold goal for civil litigation: “ the just, speedy, and inexpensive determination of every action.” ” Patent litigation is rarely speedy; quite expensive; and, many would argue, often unjust.

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Patent Infringement Cease and Desist Patent Invention 122

The IPKat

JUNE 30, 2022

It is not uncommon that the infringing party may be willing to cease the infringement, but unwilling to compensate all the legal costs claimed. In various Member States, law firms have built a business model on retrieving such legal costs for the rightholder. Koch Media is the rights owner of a computer game which is sold in Germany.

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Cease and Desist IP Law Licensing 90

Technology & Marketing Law Blog

AUGUST 25, 2022

The Court held that hiQ raised at least serious questions going to the merits of its California Unfair Competition Law (“UCL”) claim and the applicability of the CFAA, based in part on the alleged anti-competitive conduct designed to suppress hiQ’s competitive products. LinkedIn appeared first on Technology & Marketing Law Blog.

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Cease and Desist Business Litigation Law 110

IP Law 360

NOVEMBER 15, 2024

A California federal judge has determined that a Los Angeles sake brand can't litigate a trademark dispute in the Golden State with a similarly named wine store in Brooklyn, saying a cease and desist letter wasn't enough to establish jurisdiction.

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Cease and Desist Branding Branding Brands 52

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? French lawmakers propose a law to establish a tax regime for works generated by AI.

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Cease and Desist Copyright Infringement Invention Social Media 105

Technology & Marketing Law Blog

OCTOBER 28, 2022

Ryanair has a long history of litigating against OTAs in Europe and the United States. It has previously litigated against OTAs in Spain, France, Ireland, and Switzerland, with mixed results. It previously litigated against Expedia in Washington. Booking (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

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Blogging Cease and Desist Business Litigation 111

TorrentFreak

NOVEMBER 23, 2023

AimJunkies denied the claims and argued that cheating isn’t against the law. In an opening brief, filed this week, they maintain that no law forbids cheating in computer games. AimJunkies stresses that, after Bungie sent a cease and desist letter in 2021, it removed the contested software from its platform.

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Cease and Desist Copyright Infringement Copyright Intellectual Property 134

IPilogue

APRIL 11, 2022

Pankhuri Malik is an IPilogue Writer and an LLM Student at Osgoode Hall Law School. . Lehv is a senior litigation counsel at Fross Zelnick Lehrman & Zissu, P.C. She received a cease-and-desist notice from the photographer Michael Halsband, directing her to destroy the artwork. Photo by Milad Fakurian ( Unsplash ).

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Non-Fungible Tokens Cease and Desist Intellectual Property Artwork 105

Technology & Marketing Law Blog

APRIL 8, 2025

The court also awards a default judgment for tortious interference based on bogus takedown notices, despite the many cases holding that 512(f) preempts state law equivalents (including the Hyphy case below). Longarzo * DMCAs Unhelpful 512(f) Preempts Helpful State Law ClaimsStevens v. Federici * Biosafe-One v.

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Cease and Desist Fair Use Copyright Blogging 52

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. tournament circuit beginning in 2022.

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Intellectual Property Law Intellectual Property Cease and Desist Law 59

TorrentFreak

DECEMBER 26, 2022

“This growth dramatically increases ACE’s global network, including key partnerships with local law enforcement and other authorities, and its ability to shut down illegal piracy operations around the world,” Van Voorn tells us. Collaborating with Governments and Law Enforcement. ” Some of ACE’s Members.

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Cease and Desist Government Confidentiality Settlement 144

Patent Trademark Blog

APRIL 28, 2022

A common law trademark refers to the rights belonging to the first person or company to use a particular mark on selling goods or services in a limited geographical area. The term common law arises most frequently in the context of an unregistered trademark. US trademark law is different. Common law rights as defense?

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Trademark Law Cease and Desist Registration 52

LexBlog IP

OCTOBER 30, 2021

Fortunately, copyright law prohibits the unauthorized reproduction of a work. Copyright disputes do not need to escalate into costly and time-consuming litigation. Cease and Desist Letters. Cease and desist letters can prompt the infringer to cease their activities and/or negotiate a resolution.

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Copyright Infringement Cease and Desist Copyright Social Media 52

The IPKat

SEPTEMBER 18, 2024

This book review of “ Transboundary Heritage and Intellectual Property Law: Safeguarding Intangible Cultural Heritage ”, by Patricia Covarrubia (Editor), is kindly provided by Katfriend Felicia Caponigri (Founder of Fashion by Felicia and Visiting Scholar at Chicago-Kent College of Law).

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Intellectual Property Law Intellectual Property Law Cease and Desist 64

Patent Trademark Blog

JUNE 5, 2023

If patent infringement litigation is so costly, what options are available to startups and small businesses? Let’s explore realistic enforcement options for small and midsize companies who do not have millions of dollars to spend litigating. How can small businesses afford patent litigation? A lot can be at stake.

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Patent Infringement Cease and Desist Patent Litigation 52

Technology & Marketing Law Blog

MARCH 28, 2023

After two trips to the 9th Circuit, a remand from the Supreme Court, and nearly six years of motions and posturing, the outcome of the litigation was a permanent injunction against hiQ, a win for LinkedIn, and insolvency for scraper hiQ Labs. Meta sent Bright Data a series of cease-and-desist notices telling it to stop.

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Blogging Cease and Desist Contracts Marketing 126

TorrentFreak

FEBRUARY 22, 2024

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. If ever there were a theory of fair use invented for litigation, this is it,” they write.

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Copying Licensing Fair Use Cease and Desist 123

Patent Trademark Blog

JUNE 2, 2023

Step 1: Get Your Trademark Application Filed Properly Without a doubt, it will cost you more money and time to enforce an unregistered common law trademark. Should you send a trademark cease-and-desist letter? Sending a trademark infringement cease-and-desist letter is a serious matter.

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Cease and Desist Branding Branding Brands 52

Trading Secrets

JULY 27, 2022

Notably, the defendant employer in this case went beyond merely sending a cease-and-desist letter to Macaroco, instead allegedly using it to prevent others from doing business with her.

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Cease and Desist Confidentiality Contracts Business 59