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3 Count: Extrinsic vs. Intrinsic

Plagiarism Today

The owners of Grease sent a cease and desist letter in August 2019 that resulted in performances of Vape being cancelled. Finally today, Rich Johnston at Bleeding Cool reports that ComicMix has announced it will release a series of “lost” Dr. Seuss stories, claiming that they are out of copyright and in the public domain.

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An Overview on Trademark Genericide

IP and Legal Filings

In the year 2012, the IPAB adjudicated that if a company takes elaborate measures to police the incorrect usage of their trademarks (which includes sending legal notices and cease and desist notices), the trademark in question will not be considered as a generic term. Subsequently, this decision was challenged by the appellant.

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Public Policy, or Private Use?

BYU Copyright Blog

Public Policy, or Private Use? 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.

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Guest Book Review: The Copyright/Trademark Interface: How the Expansion of Trademark Protection is Stifling Cultural Creativity

The IPKat

The title of this book clearly sets out its premise: trademark protection has encroached into what used to be solely copyright’s domain, resulting in an undesirable over-protection of works which impoverishes the public domain and restricts others’ creative endeavours.

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2023 IP Resolutions Start with a Review of IP Assets

The IP Law Blog

An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain. Such inventions may be protectable under federal patent laws. However, there are precautionary steps a company can take to prevent unintended liabilities.

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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

And to characterize zero-click online terms of use that are imposed by cease-and-desist letter as enforceable contracts is horrible policy and bad law. The whole point of copyright preemption is that Congress sought to prevent states from infringing on the public domain and undermining key concepts of copyright law.

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SpicyIP Weekly Review (March 20-March 25)

SpicyIP

The Court allowed the application and permitted the plaintiff to place the additional documents on record as despite the documents being available in the public domain at the time of filing of the suit, the need for filing the aforesaid documents arose only on account of the stand taken by the defendants in the written statement.

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