U.S. Marshalls raid a Chinese hoverboard maker’s booth at CES; Digital Trends, 1/8/16

Ed Oswald, Digital Trends; U.S. Marshalls raid a Chinese hoverboard maker’s booth at CES:

"The company sent a cease-and-desist letter to Changzhou in December, but received no response. Future Motion’s lawyer told Bloomberg that his company again tried to reach out the day before the show opened, but failed to achieve any resolution. On Wednesday, Future Motion filed a request with a federal judge to bar Changzhou from displaying its version, which the judge approved, and the result was Thursday’s raid.

As far as we can tell, this is the first time a seizure of this magnitude has happened on the floor of CES. The show itself actually has policies intended to discourage disputes on the show floor, including prohibiting “loud” disputes, and limiting the number of company representatives (two employees, a translator, and a lawyer) who can approach another company’s booth over an intellectual property infringement claim."

The International Fight Over Marcel Duchamp's Chess Set; Atlantic, 9/8/15

Quinn Norton, Atlantic; The International Fight Over Marcel Duchamp's Chess Set:

"Often called Moral Rights, French creators and their heirs are entitled not only to remuneration, but a high degree of creative control on how their works are used or represented in the world. It was this idea, of controlling how the artist's creation is used by others, that brought the estate to issue their Cease and Desist against Kildall and Cera. Farcot is particularly interested in how 3D printing is influenced by the mishmash of Berne laws governing the world. I spoke with him while he was waiting on an Ultimaker print of toys he was giving children in an upcoming weekend workshop he was teaching.

“It’s not black or white,” Farcot said. “It’s not easy for the creators, Kildall and Cera, to... say they should go ahead, go to court and they will win easily.” Facing a ruinously expensive legal fight thousands of miles and an ocean away, Kildall and Cera backed down. They quietly removed the files from Thingiverse, and negotiated a resolution with Duchamp’s heirs.

If the case was too hard to fight in French court, it would have been almost too easy to fight in U.S. court, the jurisdiction that could affect the lives of Kildall and Cera. “So under U.S. law, the chess pieces are absolutely in the public domain... and a U.S. court won’t honor French moral rights. I don’t see any practical way for the Duchamp estate to sue over the 3D-printed chess pieces in a U.S. court,” said Mitch Stoltz, a senior staff attorney at the Electronic Frontier Foundation who specializes in intellectual property."

Defiant Kentucky Clerk Kim Davis Could Face More Legal Trouble. This Time for Copyright.; Mother Jones, 9/9/15

Gabrielle Canon, Mother Jones; Defiant Kentucky Clerk Kim Davis Could Face More Legal Trouble. This Time for Copyright.:

"Yesterday, Kim Davis—the now-infamous Rowan County clerk who was held in contempt for refusing to issue marriage licenses to same-sex couples in Kentucky—was released from a five-night stint in jail. Escorted by Mike Huckabee, the GOP presidential hopeful who helped throw the rally for her release, an emotional Davis threw her arms in the air, closed her eyes, and basked in the sounds of "Eye of the Tiger," Survivor's 1982 hit about being awesome.

Unfortunately for Davis, the writers of that song don't think Davis is so awesome—and they never agreed to let her or Huckabee broadcast their song at the rally. Survivor's Jim Peterik tweeted his disapproval, saying Davis would be receiving a "cease and desist" letter from his publisher"

Marvel Sends Cease-and-Desist to Anticipated Punisher Fan Film; ComicBookResources.com, 10/8/13

Steve Sunu, ComicBookResources.com; Marvel Sends Cease-and-Desist to Anticipated Punisher Fan Film: "In May, CBR debuted a teaser for the impressive Punisher fan-made film "The Dead Can't Be Distracted," based on Greg Rucka and Marco Checchetto's acclaimed run on Marvel Comics' "Punisher." Filmmaker Mike Pecci has updated fans about the status of the film on his personal website, and the news isn't good for those expecting the film to see the light of day. Marvel has sent Pecci a cease-and-desist letter, demanding that Pecci "immediately stop [the] unauthorized use, advertising, sale and/or distribution of any production of The Punisher or any other Marvel character-based films." "According to Marvel it would 'confuse the audience' into believing that it's an official Marvel production," Pecci said of his fan film."

Giant rubber duck causes big flap with Pittsburgh Cultural Trust; Pittsburgh Post-Gazette, 9/22/13

Anya Sostek, Pittsburgh Post-Gazette; Giant rubber duck causes big flap with Pittsburgh Cultural Trust: "On Friday, a 40-foot-tall rubber duck will float into Pittsburgh waterways, marking the beginning of the Pittsburgh Cultural Trust's Pittsburgh Festival of Firsts. The Cultural Trust, which has paid to bring artist Florentijn Hofman's Rubber Duck Project to Pittsburgh, would like to control merchandise sold in conjunction with the event. "As a responsible arts presenter, we are committed to maintaining the integrity of the artist's work and all images affiliated with this public art installation," the Trust posted on its Facebook page. That stance isn't sitting well with ToonSeum founder and executive director Joe Wos, who received a cease-and-desist letter from the Cultural Trust after he created a T-shirt to be sold in celebration of the duck and of a pop-up rubber duck exhibit at the ToonSeum. Mr. Wos and a friend took about an hour to create a shirt, featuring a cartoon duck swimming above the phrase "Quack N'At," a nod to the popular Pittsburgh abbreviation for "and that.""

The World's Nicest Cease-And-Desist Letter Ever Goes Viral, Sells Books; Forbes, 7/26/12

Avi Dan, Forbes; The World's Nicest Cease-And-Desist Letter Ever Goes Viral, Sells Books:

"Companies go to great lengths to protect their trademarks. The standard response for copyright infringement is to send a letter from a lawyer and threaten to sue. But the people at Jack Daniel’s, one of America’s most iconic brands, opted for true southern hospitality toward Patrick Wensink, an obscure Louisville-based author of a new satirical novel, Broken Piano For President."

If Three Constitutes Company, Add Lawyers to Make It a Crowd; New York Times, 7/17/12

Patrick Healy, New York Times; If Three Constitutes Company, Add Lawyers to Make It a Crowd:

"Most playwrights have jitters on opening night, but David Adjmi was in a panic amid the festivities last month for “3C,” his darkly comic deconstruction of the 1970s sitcom “Three’s Company.” That same day he learned that the copyright owner of “Three’s Company” had sent a cease-and-desist letter to the play’s producers charging that Mr. Adjmi had infringed on the copyright by borrowing so many elements from the TV series, including its premise about a man who pretends to be gay to live with two female roommates.

The show went on — but the copyright fight remains far from resolved.

At issue is whether “3C” is enough of a parody of “Three’s Company” to be protected under First Amendment exceptions to copyright law — specifically, under the legal doctrine of fair use, which allows artists to use copyrighted work to lampoon or critique the material, as the international hit “Forbidden Broadway” has done for years with its sendups of famous musicals."

Celine Dion shuts down parody website; Guardian, 7/22/11

Sean Michaels, Guardian; Celine Dion shuts down parody website:

"Celine Dion has taken legal action to force the closure of a blog publishing silly photographs of her, according to reports. Our Lady of Histrionics took offence to the website Ridiculous Pictures of Celine Dion, dispatching her lawyers with a cease and desist order."

Reid Republishes Angle's Old Website, Defying Cease And Desist Order; HuffingtonPost.com, 7/6/10

Sam Stein, HuffingtonPost.com; Reid Republishes Angle's Old Website, Defying Cease And Desist Order:

"Less than 24 hours after removing a version of Sharron Angle's original unvarnished campaign website, Senate Majority Leader Harry Reid (D-Nev.) is defying a cease and desist order from his Tea Party opponent and republishing the site.

The Nevada Democrat's re-election campaign unveiled (for the second time) its website The Real Sharron Angle on Tuesday afternoon. The site is basically the same platform Angle used when running in the Nevada Republican primary, though Reid's staff tinkered with its presentation to ensure it could withstand a legal challenge from the Angle campaign.

The move is a show of defiance from the Majority Leader. Hours after launching her new website -- in which many of her more provocative positions have been scrubbed -- Angle filed a legal objection to Reid's publishing of her old campaign website material, claiming misuse of copyrighted materials. The Tea Party favorite was able to win temporary relief, with Reid agreeing to pull down the old site over the July 4th weekend. But the Senate Majority Leader's legal team clearly feels there is no standing for Angle's objections. At the very least, the advantages of highlighting Angle's now- former positions and statements outweighs the potential cost in legal fees from the back-and-forth sparring over copyright law.

"While we disagree with the assertions in Angle's "Cease and Desist" letter, we took the website down temporarily to make crystal clear the intent is solely to point out how far Sharron Angle is running from her own embarrassing record," read a statement from Brandon Hall, Reid's campaign manager. "We are not attempting to deceive anyone. Unfortunately, that point was lost on Angle's campaign, as evidenced by the threat of legal action to get her own website taken down. We made minor changes to address her frivolous concerns and now hope the new Sharron Angle will focus on explaining why the old Sharron Angle's views are so unacceptable."

Reid has made changes in his presentation of Angle's old website. The new version does not contain the sections soliciting donations and email addresses, in an effort to disabuse the claim that he is trying to steal the names of her supporters."

http://www.huffingtonpost.com/2010/07/06/reid-republishes-angles-o_n_637018.html

Harry Potter and the chamber of lawyers; Guardian, 10/26/09

Marmite Lover, Guardian; Harry Potter and the chamber of lawyers:

Warner Bros' lawyers have asked Ms Marmite Lover to rename a 'Harry Potter Dinner' at her Underground Restaurant. What alternative dishes can you suggest for 'Generic Wizard Night'?

http://www.guardian.co.uk/lifeandstyle/wordofmouth/2009/oct/26/harry-potter-halloween-warner-lawyers

Touchdown Steelerbaby, Pittsburgh City Paper, 3/19/09

Via Pittsburgh City Paper: Touchdown Steelerbaby:

"Fairey's own Obama poster is now the subject of litigation with the Associated Press, which claims the poster's imagery improperly borrowed one of its photographs. Obey Giant Art's [cease and desist] notice was delivered the same day the AP filed suit.

When news of Fairey's reversal hit the Internet, in fact, some bloggers speculated the lawsuit was the reason for the change. AP, some suggested, might have used Fairey's attack on Steelerbaby to bolster its own challenge.

But Michael Madison, a trademark and copyright-law professor at the University of Pittsburgh, says that the two situations raise totally different legal issues. AP is accusing Fairey of violating copyright laws, which govern writing, photos and other original work. Fairey's objection to Steelerbaby, meanwhile, was that it violated trademark laws, which govern logos and words used to identify a company's products. Different legal questions apply in those situations, Madison says. Legally speaking, "There is no inconsistency to what Fairey is doing."

On the other hand, Madison adds, "It looks like there is some inconsistency at the conceptual level." After all, Madison says, "He's staked his career on appropriating other peoples' works.""

http://www.pittsburghcitypaper.ws/gyrobase/Content?oid=oid%3A60579

One Man’s Blanche Is a University’s Infringement, The New York Times, 2/5/09

Via The New York Times: One Man’s Blanche Is a University’s Infringement:

"Through friends Mr. Rosenthal obtained pro bono representation from lawyers at the New York office of Orrick, Herrington & Sutcliffe, who argued that First Amendment rights contained in the legal doctrine of fair use allowed Mr. Rosenthal to create a new performance piece partly inspired by the “Streetcar” character.

But in a cease-and-desist letter to Mr. Rosenthal’s lawyer, sent on Jan. 22, the university’s legal team disputed that the fair-use doctrine applied to this play."

http://www.nytimes.com/2009/02/05/theater/05ceas.html?_r=1&scp=2&sq=infringement&st=cse

Seuss lawyers stop holiday Who-ville in Louisville, USA Today, 11/25/08

Via USA Today: Seuss lawyers stop holiday Who-ville in Louisville:

"There will be no Who-ville in Louisville this Christmas.

The city of Louisville is scrapping plans to use the iconic Dr. Seuss village and characters as part of its annual Christmas display after receiving a cease and desist letter from Dr. Seuss Enterprises.

"It appears these lawyers' hearts are two sizes too small," Louisville Mayor Jerry Abramson said...

But the cease-and-desist letter from the law firm DLA Piper, which represents Dr. Seuss Enterprises, said the "Who-ville" name and image, as well as the Grinch, are copyrighted and cannot be used without permission."

http://www.usatoday.com/news/offbeat/2008-11-25-seuss-louisville_N.htm