Technology & Marketing Law Blog

APRIL 1, 2023

Construing these allegations as true and in Service’s favor, Service subjectively believed that he possessed an ownership interest and that he never approved the Comedy Dynamics deal. I’m pretty sure the drafters of 512(f) never contemplated that it would be invoked in disputes over ownership.

Fair Use 111

Fair Use Cease and Desist Contracts Ownership 111

Technology & Marketing Law Blog

AUGUST 8, 2021

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. Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. . * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v.

Fair Use 135

Fair Use Television Cease and Desist Copyright 135

Technology & Marketing Law Blog

OCTOBER 4, 2022

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. Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. . * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v.

Cease and Desist 96

Cease and Desist Fair Use Copyright Blogging 96

Technology & Marketing Law Blog

DECEMBER 5, 2022

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. Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. . * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v.

Marketing 85

Marketing Marketing Cease and Desist Fair Use 85

Technology & Marketing Law Blog

APRIL 29, 2023

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. Summit Entertainment * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v.

Fair Use 105

Fair Use Cease and Desist Copyright Trademark 105

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. The 512(f) plaintiff wins after 3 years of litigation and a bench trial. Amazon is a key player in this litigation, but the court doesn’t address its responsibility at all. A New 512(f) Plaintiff Win! So what did it win?

Registration 132

Registration Fair Use Copyright Designs 132

Patent Trademark Blog

APRIL 28, 2022

Unlike patent litigation, there is no requirement that a mark first be registered before it can be enforced in trademark litigation. If you are on the receiving end of a cease-and-desist letter or a trademark lawsuit, your common law trademark can serve as a defense against infringement claims.

Trademark 52

Trademark Law Cease and Desist Registration 52

Traverse Legal Blog

JANUARY 17, 2025

Enforcing Your Rights If you discover infringement, take prompt action: Cease and Desist Letters : Send a formal notice to the infringer demanding they stop unauthorized use. Litigation : If necessary, pursue legal action to protect your rights. Regularly check marketplaces and competitors offerings for potential violations.

Intellectual Property 52

Intellectual Property Cease and Desist Confidentiality IP 52

The IPKat

MAY 26, 2023

Last year, former GuestKat Jan Jacobi reported both the Warsaw District Court’s Referral to the CJEU and AG Rantos’ Opinion on the TB v Castorama Polska and Knor litigation (see IPKat posts here and here ). This, by submitting evidence appropriate to the nature of that right and any special formalities governing the ownership of that right.

Intellectual Property 67

Intellectual Property Cease and Desist IP Ownership 67

Technology & Marketing Law Blog

NOVEMBER 30, 2023

Prior Posts on Section 512(f) * 512(f) Once Again Ensnared in an Employment Ownership Dispute–Shande v. 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. Hawai‘i Aug. Zoox * Surprise!

Fair Use 75

Fair Use Cease and Desist Copyright Ownership 75

Copyright Lately

AUGUST 2, 2022

Netflix could have sent Barlow & Bear a cease and desist letter hand-delivered by Regé-Jean Page. Justice Ginsburg upheld the precise “wait and see” approach to copyright litigation adopted by Netflix: It is hardly incumbent on copyright owners. In the Supreme Court’s opinion in Petrella v.

Music 109

Music Derivative Work Fair Use Cease and Desist 109

LexBlog IP

MARCH 24, 2023

The lease agreement allows the NCAA to use the trademark “Sweet Sixteen” in its marketing, promotions, and other activities related to the tournament, but the KHSAA retains ownership of the trademark. In some cases, the NCAA has even taken legal action to protect its trademarks.

Branding 40

Branding Brands Branding Cease and Desist 40

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

These rights provide exclusive ownership and control over intangible assets, allowing creators to protect their innovations from unauthorised use, reproduction, or distribution. Firstly, intellectual property rights grant startups exclusive ownership over their innovative ideas and inventions.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

azrights

MARCH 23, 2022

So, he was in disbelief when he received a cease and desist letter from lawyers acting for the high end China Tang at the Dorchester Hotel in Mayfair whose rights to use the name stemmed from a figurative trademark in class 43 (restaurant services, catering services, cafes, cafeterias, and self-service restaurants) registered in 2005.

Business 52

Business Branding Brands Branding 52

IP Tech Blog

NOVEMBER 29, 2023

Because ownership of original works, like a tattoo, vests with the author (here the tattoo artist), the tattoo artist owned the copyright in the tattoo, even though it was physically on the someone else’s body. The picture showing the tattoo was part of an 8-photo display that was on screen for approximately 2.2

Fair Use 62

Fair Use Cease and Desist Social Media Art 62

IP.com

OCTOBER 2, 2024

Copyrights: Register your copyrights with the relevant authorities to establish a public record of your ownership. Take prompt action against unauthorized use through cease-and-desist letters, negotiations, or legal proceedings if necessary. Conduct a thorough trademark search to avoid conflicts with existing marks.

IP 52

IP Intellectual Property Cease and Desist Confidentiality 52

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Ownership Registered trademarks are easier to enforce since they typically carry a presumption of ownership. Litigation proceedings against infringement or dilution Section 134 of the Trademark Act of 1999 allows for the filing of a trademark infringement complaint in District Court.

Business 52

Business Trademark Registration Cease and Desist 52

SpicyIP

NOVEMBER 21, 2022

The court relied on the studies conducted by Lumen and “large volumes” of cease and desist complaints to prima facie establish that the App is a rogue website and deserves to be blocked as a whole. while also acknowledging the pending applications for change of ownership. M/S Prestige Estates Projects vs M/S Falcon Shelters Pvt.

IP 100

IP Cease and Desist Patent Music 100

LexBlog IP

APRIL 13, 2022

3] An announcement on SuperFarm’s website noted that the sale would occur on the Ethereum blockchain, and that the auction was significant because it would “set a precedent for how artistically created value and its ownership can be proven, transferred, and monetized seamlessly through a public blockchain.” [4]. Miramax LLC v.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Brands 52

Intepat

FEBRUARY 12, 2025

Legal Actions: – Cease and Desist Letters: This is often the first step to resolve issues before resorting to the courts. The rights holder may then issue cease-and-desist letters to infringers demanding that they stop using the protected mark. In this inventors can also sell the ownership of the technology.

IP 52

IP Cease and Desist Intellectual Property Confidentiality 52

Technology & Marketing Law Blog

FEBRUARY 12, 2025

Given that they are litigating 512(f), your wish was partially granted. Barrett Financial * 512(f) Once Again Ensnared in an Employment Ownership DisputeShande v. Universal * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership * It Takes a Default Judgment to Win a 17 USC 512(f) CaseAutomattic v.

Cease and Desist 59

Cease and Desist Fair Use Copyright Ownership 59

Technology & Marketing Law Blog

JANUARY 11, 2025

Barrett Financial * 512(f) Once Again Ensnared in an Employment Ownership DisputeShande v. Universal * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership * It Takes a Default Judgment to Win a 17 USC 512(f) CaseAutomattic v. Zoox * Surprise! Another 512(f) Claim FailsBored Ape Yacht Club v.

Copyright 40

Copyright Fair Use Cease and Desist Copyright Law 40