Remove Cease and Desist Remove Litigation Remove Ownership Remove Registration
article thumbnail

Court Mistakenly Thinks Copyright Owners Have a Duty to Police Infringement–Sunny Factory v. Chen

Technology & Marketing Law Blog

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.

Copyright 128
article thumbnail

What are the intellectual property rights for startups?

Biswajit Sarkar Copyright Blog

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.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

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.

article thumbnail

11th Circuit UPHOLDS a 512(f) Plaintiff Win on Appeal–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

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

Fair Use 106
article thumbnail

Surprise! Another 512(f) Claim Fails–Bored Ape Yacht Club v. Ripps

Technology & Marketing Law Blog

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

article thumbnail

Another 512(f) Claim Fails–Moonbug v. Babybus

Technology & Marketing Law Blog

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.

article thumbnail

Trademark For Business Growth

Biswajit Sarkar Copyright Blog

Section 9(1) (c) of the Trademark Act, 1999 prohibits the registration of words used commonly. They can only get the protection under the trademark law and get trademark registration when they build a reputation of the specific products and services they deal with. It takes years for them to get registration.