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Cease-and-desist letters, often referred to as demand letters, are a valuable tool in defending your intellectual property rights, including copyrights and trademarks. This correspondence will outline the ownership of the work, highlight the infringing activity. By: Hendershot Cowart P.C.
Shemaroo entered into assignment deeds with the producers and owners of the suit films between 2004-2016, acquiring sole, exclusive and absolute ownership of all the vested copyrights. However, after expiration of the period, Defendant 2 continued to exploit rights against which Plaintiff issued a cease and desist notice twice.
Then they received a cease-and-desist letter: another company had already registered the identical brand name for the identical services. Might they think you’re under new ownership once again? So they not only had an unprotected trademark, they had skipped some critical steps in the brand protection process.
Early February the RIAA stepped in to issue a cease-and-desist against HitPiece.com, describing it as a scam site designed to mislead and defraud fans with its offer to sell them NFTs genuinely associated with artists. Muzzey responded with a strongly-worded cease-and-desist notice and he wasn’t the only one.
On April 8, 2022, Afdah’s confirmed official domains – Afdah.com and Afdah.video – found themselves under new ownership. In many similar cases the studios’ investigators have been able to find out the real identities of site owners and contact them directly with an order to cease and desist.
Well, under copyright law, it’s a work for hire, and you need a specific contract with specific clauses about the ownership of the copyright in these types of materials. So be on the lookout for that. Make sure you have proper contracts. If you don’t, I recommend you look into it urgently and speak to an attorney.
Have Proper Symbols of Trademark Registration & Ownership. Send Cease-&-Desist Letters Automatically. What serves as the bread and butter of trademark enforcement is sending cease-and-desist letters.
This is a copyright ownership dispute that spilled over to Spotify, who received takedown notices. Barrett Financial * 512(f) Once Again Ensnared in an Employment Ownership DisputeShande v. Summit Entertainment * Cease & Desist Letter to iTunes Isnt Covered by 17 USC 512(f)Red Rock v. BONUS 2: Hyphy Music, Inc.
In addition to the ‘collectible’ aspect, NFTs can also be used as proof of ownership or access. The NFT simply creates a chain of alleged ownership of the particular copy.” The recording industry group has already sent DMCA takedowns and cease and desist letters targeting unauthorized music-inspired NFT projects.
The court remains skeptical of LinkedIn’s privacy-based arguments: LinkedIn has no protected property interest in the data contributed by its users, as the users retain ownership over their profiles. Are robots.txt, IP address blocks, or cease-and-desist letters still relevant to the CFAA at all? Eric’s Comments.
The Defendants contended that the plaintiff had not established ownership, and in any case, the impugned display or exhibition of allegedly infringing material was incidental and transient in the cinematographic films of the defendant. This, they argued, is exempted under S. 52(1)(a)(iii) of the Copyright Act.
Creator Mason Rothschild revealed in an open letter to Hermès, which he posted on his Instagram account on December 22, that he received a cease-and-desist letter from the French luxury goods brand. disputes between domain names and trademarks). Julie Zerbo tells the rest of the story on The Fashion Law.
The IPKat has received and is pleased to host the following guest contribution by Nkem Itanyi (University of Nigeria) on a recent dispute over copyright ownership of the movie, Shanty Town which premiered on Netflix in January 2023 and discussions over a sequel to the movie.
Defendant arguments The defendant argued that Infosys had previously issued a cease and desist notice on 27/04/2024 but failed to complete it. This argument weakens the plaintiff’s claim of sole ownership of the trademark. The defendants argued that this omission was a tactic for inadequate disclosures to the court.
In early September of this year, both Plaintiffs received Cease-and-Desist (C&D) letters from PSBA about the districts policies and annotations, which were created using the PSBAs policy service. For background, both MASD and SSSD were formerly members of PSBA, but they are no longer associated with PSBA.
A company/any person who can secure ownership over products and services, benefits not only the domestic income but also increases the recognition in the international market. When such a situation arises, do what you can to protect your brand; whether that means taking the matter before a judge or sending out cease and desist letters.
The court found that Microsoft was the owner of the copyright in its computer programs and supplementary user instructions and manuals and was entitled to the exclusive rights flowing from such ownership as set out in the Copyright Act, 1957. The court ordered the defendants to pay damages of Rs.20,00,000
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.
Registering your business name this way lets the world know you have the ownership rights to that name when it comes to the goods and services you provide. It means you can be the one to send a cease-and-desist letter to a copycat, rather than being on the receiving end of one.
Proof of IP Ownership – IP Registration Certificate or Copyright Recordal Certificate is necessary. According to the policy of the e-commerce sites, the company may have created specific programs where IPR holders can register as a member to provide in advance IP ownership by filling in a standard form notice.
While common law trademark rights can and often do support federal infringement claims, an infringement plaintiff must show ownership of a valid mark as a threshold requirement for the cause of action. I predict a cease and desist letter”; “I WILL DEFINITELY BE CONTACTING NICKOLODEON TO ASK IF THIS GHETTO PLACE HAVE THE RIGHTS.”.
At least one medical device manufacturer took issue with the online library and sent iFixit a cease-and-desist letter, citing its exclusive rights under copyright to reproduce and communicate the repair information online. Citing the U.S. by Alexander Puutio. € Internet Law: A Concise Guide to Regulation Around the World.
After sending a cease-and-desist letter in October 2020, the Claimant commenced proceedings in December 2020 under Article 479 of the Code of Civil Procedure, a Polish law that implements Article 8 of the Enforcement Directive. The Claimant argued that Castorama Polska and Knor (the Defendant) infringed her copyright.
Netflix could have sent Barlow & Bear a cease and desist letter hand-delivered by Regé-Jean Page. Barlow & Bear claim copyright ownership in “The Unofficial Bridgerton Musical.” Just as remarkable as Barlow & Bear’s success was Netflix’s response.
How are digital assets possessed and ownership proven? Digital assets, like NFTs and bitcoin, are registered on the blockchain to a specific wallet’s public address, proving ownership. Send a Cease and Desist Letter.
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. However, you may have certain burdens of proof in showing your earlier trademark use and ownership of the mark which could have been eased with a registration.
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. Here are some ways to harness its potential: Digital Watermarking : Add invisible marks to digital content to prove ownership in case of unauthorized use.
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.
Cease & Desist Notice – If you are dealing with a repeat squatter, sending a cease & desist notice might probably do the trick. Considering this, it is good to know the actual extent of use of the infringing mark based on which you will be able to strategize your further actions more appropriately.
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
For example, your mark will be presumed valid and ownership of the mark will be presumed as yours. In order for a challenger to argue otherwise, they would bear the burden showing invalidity or different ownership. Any reasons for refusing registration of your mark will be publicly available for anyone to see (if they know how).
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.
In Matrimony.com Ltd v Google LLC 2012 CCI considers ownership and access to data as a crucial driver in technological markets but Vinod Kumar Gupta v WhatsApp Inc 2016 and Track Call Cab Pvt Ltd v ANI Technologies 2015 reveal the idea is often dispelled if there is multi-homing among users.
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.
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.
Ownership Registered trademarks are easier to enforce since they typically carry a presumption of ownership. Furthermore, several nations have put in place mechanisms that allow customs officials to investigate and confiscate counterfeit items that violate a registered trademark.
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
Respondent, who then sent a cease-and-desist letter to petitioner, prompting the subject petition for cancellation. The Board observed that "[m]erely being a distributor does not confer ownership of a mark for the goods being distributed.
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.
It gives authors and artists the sole ownership rights to their original writings, music, films, and artwork. This entails a diligent search for copyright violations using tools including cease-and-desist letters, legal action, and requesting injunctions to prevent unauthorized use.
In November 2016, Respondent sent a cease-and-desist letter to Petitioner, demanding transfer of the domain name to Respondent. Corcamore , 2020 USPQ2d 11277, at *7 (quoting Lexmark , 109 USPQ2d at 2068 (citation and quotation marks omitted)). Petitioner refused, but offered to sell the domain name for $1.2
The inventor’s rights to the patent vary depending on ownership, further explained below. Patent owners can use it to check for potential infringers, send cease and desist letters, or seek licensing opportunities. The most direct stakeholders are the inventors who conceptualized the invention that is now patented.
This means that each time an NFT changes hands, the transaction is verified, adding a new record to the chain of ownership. The ownership of an NFT can be easily authenticated, meaning buyers can have confidence that they are buying the real deal. Interested parties can view this chain to see an accurate history of the NFT.
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.
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