News & Analysis as of

Cease and Desist Orders Copyright

Morrison & Foerster LLP

To Scrape or Not to Scrape? First Court Decision on the EU Copyright Exception for Text and Data Mining in Germany

On September 27, 2024, the Regional Court (Landgericht) of Hamburg, a court of first instance (the “Court”), dismissed a cease-and-desist claim by the photographer Robert Kneschke against LAION e. V. that the scraping of his...more

Vondran Legal

DMCA subpoena new tool for Copyright Plaintiffs in Boy Kills World cases?

Vondran Legal on

This blog involves a unique approach being used by a Hawaii law firm to seek to uncover the name, address, email address, MAC address and other information about alleged copyright infringers. The firm is using a DMCA 512(h)...more

Neal, Gerber & Eisenberg LLP

Amazon APEX Complaints Convey Personal Jurisdiction in Amazon Seller’s Forum

Most reputable online marketplaces have long offered policing programs to address counterfeiting of registered copyrights and trademarks. The copyright or trademark owner needs only to provide the marketplace with a copy of...more

Vondran Legal

BMI Files Multiple Music Infringement Cases in Arizona District Court

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This blog is written by Arizona copyright lawyer Steve Vondran. Vondran Legal has handled hundreds of federal court litigation cases since its founding in 2004. One important area we practice is restaurant IP law, which...more

Haug Partners LLP

2023 in Review at the International Trade Commission

Haug Partners LLP on

Investigations pursuant to section 337 of the Tariff Act of 1930 at the United States International Trade Commission (“ITC”) determine “whether there is unfair competition in the importation of products into, or their...more

Moritt Hock & Hamroff LLP

Mickey Mouse and the Public Domain: Is Use of Mickey Mouse Now Fair Game or Is that Just Fantasyland?

If you know me well, you know that I am an admitted Disney fanatic. So, you can imagine my initial horror when I heard media rumblings that Disney was losing its copyright to my favorite mouse, Mickey. Upon further...more

Proskauer - New Media & Technology

Another Web Scraping Dispute Focused on Travel Data

In a recent post, we recounted the myriad of issues raised by recently-filed data scraping suits involving job listings, company reviews and employment data.  Soon after, another interesting scraping suit was filed, this time...more

AEON Law

Photographer Can’t Recover Profits Related to Infringing Images

AEON Law on

A federal court has ruled that a photographer may not recover certain profits indirectly related to authorized copies of his work. The case is Graham v. Prince, No. 15-CV-10160 (SHS), 2023 WL 5917712 (S.D.N.Y. Sept. 11,...more

Proskauer - New Media & Technology

Help Wanted: Site Owner Brings New Scraping Suits Focused on Job Posting and Employment Data

In recent years there has been a great demand for information about job listings, company reviews and employment data.   Recruiters, consultants, analysts and employment-related service providers, amongst others, are...more

AEON Law

Patent Poetry: Videogame Company Awarded $4.3 Million in Damages for “Cheats”

AEON Law on

Bungie, a video game company that created the “Halo” and “Destiny” game series, has been awarded $4.3 million in damages in an arbitration against a creator of cheat software....more

Vondran Legal

Willful copyright infringement can be EXPENSIVE, but what does willful really mean?

Vondran Legal on

If you are being sued (or pursued) for copyright infringement, you will likely get a demand letter from a copyright law firm informing you that you have "willfully infringed" their clients software. They might also point out...more

Knobbe Martens

Who Owns the Royale With Cheese? - Miramax Sues Tarantino Over the Sale of Pulp Fiction Related NFTs

Knobbe Martens on

On November 16, 2021, Miramax, LLC (“Miramax”) brought claims of breach of contract, copyright infringement, trademark infringement, and unfair competition against director Quentin Tarantino. Miramax alleges that Tarantino...more

Ladas & Parry LLP

Cease and Desist Letters Need to Balance Effectiveness While Considering Consequences

Ladas & Parry LLP on

Letters demanding that a company “cease and desist” what the sender of the letter deems an infringement of the sender’s intellectual property rights – whether patent, trademark or copyright – are communications primarily to...more

Jaburg Wilk

What Do I Do If My Copyrights Are Being Infringed?

Jaburg Wilk on

If someone has copied or reproduced your book, article, blog, artwork, photograph or other copyright-protected works without your permission, you have several options. Before using any of these options, be sure that you...more

Wilson Sonsini Goodrich & Rosati

A Common Dilemma: Responding to Copyright Trolls

The following scenario is all too common for those who post content on the web. Imagine you create a website that, unbeknownst to you, includes some form of work (say, a photograph) that is copyrighted to someone else....more

Spirit Legal

Ruling of the regional court Frankfurt: Sea rescuer obtains a cease and desist order against former Deputy Prime Minister of...

Spirit Legal on

In a decision dated 23 September 2020 (Case No. 2-06 O 335/19), the Frankfurt Regional Court ordered the former Italian Minister of the Interior, Matteo Salvini, at the request of Mission Lifeline crew member Friedhold...more

McAfee & Taft

Beware of ‘free’ copyright licenses

McAfee & Taft on

Copyright law provides certain exclusive rights to persons who create original works of authorship, including literary, dramatic, musical and other works. Copyright law specifically protects works of art, music, photographs,...more

Hogan Lovells

Germany: No indirect liability for open Wifi

Hogan Lovells on

At the end of July, the German Federal Court handed down its judgment in a copyright case having huge impact for operators of open Wifi services. For the first time, the judges had to deal with Sec. 7 (4) and Sec. 8 (1) s. 2...more

Best Best & Krieger LLP

Fashion Design Copyright Infringement Victory - BB&K Partner Henry Welles Wins Fashion Industry Clothing IP Case

A fashion clothing industry copyright infringement appeal was won by Best Best & Krieger LLP Partner Henry Welles, who represented Natural Fashions, Inc., which does business as Anu. The case was originally brought in federal...more

King & Spalding

ITC Section 337 Update – August 2015

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En Banc Federal Circuit Upholds The Commission’s Position In Suprema – On August 10, 2015, in an en banc Opinion written by Circuit Judge Reyna, the Federal Circuit upheld the Commission’s position in Suprema, Inc. v....more

McDermott Will & Emery

No Copyright in Individual Contributions to a Film - 16 Casa Duse, LLC v. Merkin

McDermott Will & Emery on

Citing the U.S. Court of Appeals Ninth Circuit’s recent en banc decision in Garcia v. Google (IP Update, Vol. 18, No. 6), the United States Court of Appeals for the Second Circuit affirmed a summary judgment ruling that...more

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