Microsoft has issued numerous DMCA (Digital Millennium Copyright Act) notices to Google concerning the recent leak of the Windows 8 beta, including requests that Google de-index established news websites TechCrunch, the Huffington Post, BBC.com, and Wikipedia. Additionally, Mashable notes, almost 65 of the URLs flagged to be de-indexed for copyright infringement fail to even mention the Windows 8 beta.
Microsoft’s failure to discern between websites that have rightfully referenced the Windows 8 beta and those that have not, and its use of an automated DMCA takedown tool, reiterate the importance of choosing your copyright infringement battles appropriately. Not only does DMCA overreaching have public relations impacts, but it also my subject the issuing party to liability under the law. Consequently, it is important to contact an attorney prior to sending automated DMCA notice letters.
Online affiliate marketing is big business now. Affiliate marketing, of course, has been around for a long time. Basically, a business or a person agrees to promote and recommend a product, a brand of products, or even a whole business in exchange for various things of value. Generally, the affiliate does not actually sell the […]
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Yes, as long as the proposed trademark meets the other requirements for registration. U.S. trademark laws do not require that only the English language can be used for trademarks. However, whatever the language, trademarks must meet the legal requirements, including functionality, distinctiveness, uniqueness, etc. For example, every trademark must function as a trademark in that […]
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In a new ruling, a California federal judge has declared the entirety of California’s Age-Appropriate Design Code Act (“CAADCA”) to be unconstitutional. Cal. Civ. Code §§ 1798.99.28 et seq. See media report here and the Opinion here. The case is Netchoice, LLC. v. Bonta, Case No. 22-cv-08861-BLF (US N.Dist. Cal, March 13, 2025). The CAADCA […]
Read more about California’s Age-Appropriate Design Code Act Declared Wholly Unconstitutional