Sentences with phrase «infringing activity»

If notified of infringing activity on your website, the infringing content must be removed expeditiously.

replaces the removed material and ceases disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless its designated agent first receives notice from the person who submitted the notification under subsection (c)(1)(C) that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider's system or network.»

The 2nd Circuit sent that case back to the District Court to determine whether, on the current record, YouTube had knowledge or awareness of any specific infringements or willfully blinded itself to specific infringements or had the right and ability to control infringing activity within the meaning of § 512 (c)(1)(B).

This Court has personal jurisdiction over Yummie Tummie by virtue of Yummie Tummie's purposeful contact with this district, including, on information and belief, Yummie Tummie's substantial business conducted with customers residing in this district; and Yummie Tummie's attempts to enforce design patents purportedly assigned to it against Spanx, an entity having a principal place of business in Georgia, for alleged infringing activity occurring in Georgia.

The Federal Circuit, in a divided opinion, vacated that portion of the damage award on the grounds that WesternGeco could not recover for injuries that resulted from infringing activities outside the U.S.

While Canadian copyright law (inclusive of coming amendments in Bill C - 11, the Copyright Modernization Act), does not envision liability for ISPs for infringing activities of users such as file - sharing, injunctions against ISPs similar to that raised in SABAM are available under Canadian law.

Fourth, you may not receive a direct financial benefit attributable to complained - of infringing activity when you are capable of controlling such activity.

The ruling from the appeals court states (emphasis mine): Under § 512 (c)(1)(A), knowledge or awareness alone does not disqualify the service provider; rather, the provider that gains knowledge or awareness of infringing activity retains safe - harbor protection if it «acts...

... Unless Bronco Energy advises this office, by May 23rd, of their immediate cessation of the above infringing activities, API will amend their litigation to include Bronco Energy.

This will normally have one of the two consequences: either the defendant will stop further infringing activities; or it will take further steps, making the intention to infringe upon the trademark owner's rights even more apparent, which will be valuable evidence in court.

An interlocutory injunction is an order requiring an alleged infringer to immediately stop its allegedly infringing activities before the case gets to trial when all of the evidence is presented in support of and in response to the allegations.

Common counter arguments to this are that «filtering» does not involve mass surveillance, because only the specifically sought infringing activity is identified, while little or no information about other activity is collected.

NAR reserves the right to terminate, limit or suspend any user's access to the Site in the event of repeated infringing activity.

You must be merely a conduit for a copyright infringer and not an active participant in its user's copyright infringing activities.

The authors argue that the result is a form of punishment for infringing activity that lacks the procedural safeguards that are normally present in criminal prosecutions.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 4.

Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material infringing or claimed to be the subject of infringing activity.

This is what they wrote: «Now we solemnly inform vendors and dealers (including e-distributorships) of Apple iPads (including the iPad 3) in China that they should immediately stop all infringing activities such as warehousing, transportation, mailing, -LSB-...]

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:

Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

Unless Defendant's infringing activities are enjoined, Plaintiff and citizens of the State of Georgia, will face losing valuable analysis and guidance regarding their state laws.

A recent Federal Court decision on damages considered whether non-infringing alternatives to the defendant's infringing activities should be considered.

If another entity or individual is infringing your mark, or using another mark that may confuse your customers, it may be necessary to take action to enjoin the infringing activity.

A jury found ION liable for infringement under § 271 (f) and awarded damages including $ 93.4 million in lost profits based on the WesternGeco's loss of survey contracts outside the U.S. as a direct result of ION's infringing activity.

(April 5, 2012), the 2nd Circuit confirmed that the § 512 (c) safe harbour requires knowledge or awareness of specific infringing activity but vacated the order granting summary judgment because they were of the view that a reasonable jury could find that YouTube had actual knowledge or awareness of specific infringing activity on its website.

The appeal court further held that the District Court erred by interpreting the «right and ability to control» infringing activity to require «item - specific» knowledge.