Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. July 17, 2023).

Blogging 95

Blogging Copying Social Media Copyright 95

IP Whiteboard

AUGUST 30, 2020

From some general Google searching, it seems common for people to download pictures of works they like and bring them to their tattooist to copy. According to Dr Marie Hadley from University of Newcastle: My unpublished research among tattooists in New Zealand suggests there can be a lot of pressure from clients to copy existing images. “I

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

IIPRD

NOVEMBER 14, 2023

There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. Challenges in IPR Regulation in e-commerce As per a survey, around 38% online buyers experienced counterfeit products and 1/3 rd people have gotten copied products. 26, 2023, 11:00 AM), [link]. 17] Imagine Marketing Pvt.

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

SpicyIP

MAY 23, 2022

On the 20th of May, the Supreme Court, in M/s Knit Pro International vs The State of NCT of Delhi & Anr , held that offences under Section 63 of the Copyright Act, 1957 are cognizable and non-bailable offences. Here are the decisions where various High Courts have taken conflicting views: . High Court. Cognizable and Non-Bailable.

Copyright 137

Copyright Ownership Copyright Infringement Law 137

TorrentFreak

SEPTEMBER 15, 2021

Voltage’s letter states that the alleged infringement represents breaches of the Copyright Designs and Patents Act (CDPA) in respect of the copying of the work (downloading) and distributing of the work (uploading). This would be a matter to be determined by the Court in any subsequent claim.”

Settlement 98

Settlement Copyright IP Reporting 98

IIPRD

JUNE 29, 2022

It was awarded the world’s most valuable luxury brand for six consecutive years (2006-2012), topping even Chanel, Gucci, and Dior. Design Rights: By registering their product designs, they can prevent third parties from copying the original and new, aesthetic, or ornamental components of their creations.

Intellectual Property 98

Intellectual Property Branding Brands Branding 98

SpicyIP

MARCH 25, 2024

Kunal Makkar & Anr on 14 March 2024, Delhi High Court Image from here The petition concerned alleged violations of a previous judgment where respondents undertook not to imitate, copy, manufacture, or sell shoes imitative of the petitioner’s designs. Christian Louboutin Sas & Anr v.s Entertainment Inc. &

Trademark 52

Trademark Patent Copyright Confidentiality 52

LexBlog IP

FEBRUARY 28, 2022

In 2017, the Warhol Foundation sued Goldsmith and her agency for a declaratory judgment that the Prince Series works are non-infringing or, in the alternative, that they constitute a fair use of the Prince Photograph. Goldsmith counterclaimed for copyright infringement. Goldsmith , 11 F.4th 4th 26, 50 (2d Cir. at 1197)). [20]

Fair Use 97

Fair Use Derivative Work Art Licensing 97

IP and Legal Filings

JANUARY 22, 2024

The domain of copyright deals with the literary, musical, dramatic, and artistic works, and cinematograph films. Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Copyright Lately

OCTOBER 25, 2021

As the story goes, they provided him with a copy of a few scenes from “Ghostbusters” in which the theme would appear. But Lewis thought the song was a rip-off of “I Want a New Drug” and asserted a copyright infringement claim against Columbia Pictures. to write the’s film’s signature song.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

The IPKat

JUNE 23, 2022

Regulations 2006/1028 which provide for the consideration of moral prejudice in assessing damages, noting that the case law on its meaning “remains sparse”. Predictably, these third parties made available watch faces copied from watches made by others including the Swatch group of companies (which owns brands like Tisso, Omega and Breguet).

Branding 73

Branding Brands Branding Litigation 73

TorrentFreak

MAY 24, 2023

The first case was launched in Denmark and dates back to 2006. recently for its lacking piracy response, online copyright infringement remains a major concern. Europe has been at the forefront of this blocking wave. ‘Site Blocking Would be Useful’ In Vietnam, a country called out by the U.S.

Reporting 133

Reporting Intellectual Property Government Copyright 133

IP and Legal Filings

DECEMBER 17, 2023

ii] This unreported judgement helped bring the grievances on the table for the others to see that copyright law has deficiencies in terms of music sharing and copying along with royalty issues. iii] However, the act still comes short to address the issue of royalty and copyright claims in the digital streaming creative works.

Copyright Law 67

Copyright Law Copyright Music Law 67

Technology & Marketing Law Blog

JUNE 20, 2023

For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work. 103(a) (“protection for a work employing preexisting material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully.”).

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

LexBlog IP

JULY 5, 2022

The term of a copyright for a particular work may depends on certain factors such as whether it has been published, and, if so, the date of first publication. [2] 2] The general rule for works created after January 1, 1978, provides that copyright protection lasts for the life of the author plus an additional 70 years. [3]

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

Above the Fold

JULY 5, 2022

The term of a copyright for a particular work may depends on certain factors such as whether it has been published, and, if so, the date of first publication. [2] 2] The general rule for works created after January 1, 1978, provides that copyright protection lasts for the life of the author plus an additional 70 years. [3]

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

IP and Legal Filings

DECEMBER 6, 2023

Radha Pocket Books,the plaintiff filed a copyright infringement case against the defendant for publishing a comic book character named ‘Nagesh’. 2006 QB 125 : (2005) 3 WLR 881 : 2005 EWCA Civ 595. InRaja Pocket Books v. In another case of Indian Performing Rights Society v. RFMLR (2018) 1 Titan Industries Limited v.

Privacy 94

Privacy Intellectual Property Law Intellectual Property Advertising 94