Pool World and The National Law Review, two small business that successfully resisted extortionate copyright infringement claims filed by Prepared Food Photos (“PFP”), a notorious copyright troll whose depredations I have discussed here several times, moved in the Seventh Circuit for leave to file an amicus brief supporting an appeal by the only PFP victim […]
Category Archives: Free Speech, Intellectual Property, & the Internet
For those who haven’t had the fortune of trying to find a rental apartment in New York City, there has long been a system of “brokers’ fees”, where the *renter* is required to pay a broker a fee, often equal to one months’ rent, in order to obtain an apartment, which was negotiated by the […]
After New York City enacted minimum pay rate laws for food delivery workers, DoorDash and Uber Eats changed the way tipping options appeared on its app — making it so tipping was not available until after a customer checks out. DoorDash claimed this would somehow “balance the impact” of new fees that it was charging […]
I wish that subject line were a joke. When Julien Coallier sent a series of DMCA takedown requests contending that various print publications of Shakespeare’s plays, and YouTube videos of performances of those plays, infringed his purported copyright in those works, it should have been treated as a bad joke. After all, Shakespeare’s plays were […]
In a decision issued today, New York’s Appellate Division for the First Department reversed a decision of the state supreme court that had ordered Google and GoDaddy to identify BehindMLM, the author of a blog about multilevel marketing schemes, and quashed subpoenas to Google (the host of the blog) and GoDaddy (the registrar of the […]
Prepared Food Photos is coming to terms with the financial consequences of its relentless pursuit of massive damages for alleged infringement in its copyright in individual stock photographs. Two years ago, it sent its standard demand letter to a Clyde’s Chicken King, a family-owned fast food joint in Port Barre and Opelousas Louisiana, objecting to […]
It’s been years since I have had to litigate the issue of whether the inclusion of a trademark in the domain name for a web site about the trademark holder has Lanham Act ramifications. I rather thought that issue was settled by such cases as Lamparello and Bosley. The final nail in the coffin was […]
An Alabama lawyer recently sought my help responding to your February 9, 2024 demand letter to Foggy Bottom Farms, complaining about alleged infringement of Prepared Food Photos’ copyright in a photo of vegetable. Over the past several years, I have seen many demand letters from your client based on that photo (for example, your client’s […]
Last spring, I posted two articles about a new force among the corps of copyright trolls – a law firm calling itself CopyCat Legal, representing a copyright holder that we had challenged before, now calling itself Prepared Food Photos, Inc. (“PFP”). When I last wrote about these two, I called their monetary claims outlandish. But […]
In the twenty-three years since the New Jersey Appellate Division issued its seminal decision in Dendrite International v. Doe, appellate courts in most adjoining and nearby states — Pennsylvania, Delaware and Maryland — have adopted at least most of the major features of the Dendrite standard. But New York has been the outlier — no […]