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Ninth Circuit Refuses to Adopt “Ordinary Observer” Test for Substantial Similarity and Copyright Infringement

The IP Law Blog

The Ninth Circuit was recently asked to determine whether to continue to apply the Circuit’s two-part extrinsic/intrinsic test for “substantial similarity” with regard to a copyright infringement claim or to depart from this approach and apply the Second Circuit’s “ordinary observer” test instead. In Johannsongs-Publishing, Ltd.

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Ninth Circuit Refuses to Adopt “Ordinary Observer” Test for Substantial Similarity and Copyright Infringement

LexBlog IP

The Ninth Circuit was recently asked to determine whether to continue to apply the Circuit’s two-part extrinsic/intrinsic test for “substantial similarity” with regard to a copyright infringement claim or to depart from this approach and apply the Second Circuit’s “ordinary observer” test instead.

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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

2001), the court found that: if the promise [in a contract] amounts only to a promise to refrain from reproducing, performing, distributing or displaying the work, then the contract claim is preempted. This logic has been adopted by the Fifth, Eleventh, and Federal Circuits (and maybe the First Circuit). In Wrench Ltd. Taco Bell Corp. ,

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Time for the 12 O'Clock Boyz to go: court shuts down (c)/TM lawsuit against documentary & feature film about Baltimore bikers

43(B)log

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law.

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A Look Back at India’s Top IP Developments of 2021

SpicyIP

The suit concerned agreements dating back to 2001 between IPRS and ENIL regarding broadcasting music in certain cities. When ENIL broadcast music in cities other than the ones in the agreement, IPRS filed an infringement suit. Top 10 Judgments/Orders [Jurisprudence/Legal Lucidity]. Hero Electric Vehicles Private Ltd v.

IP 143
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U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Technology & Marketing Law Blog

Thus, if an artist creates a derivative work based on a photograph unlawfully , and copies of that derivative work are reproduced and distributed to the public, the owner of copyright in the photograph is entitled to sue for copyright infringement and to recover remedies for the unlawful use of their photograph.