The IPKat

MARCH 17, 2024

Kreglinger's first vintage of the wine promoted and sold as "New Certan" was the 2011 vintage, released in 2013. The label designer had received photos of VCC bottles and instruction from de Moor to use them as inspiration. For the earliest vintages, the label depicted the de Moor family home on their vineyard in Tasmania.

Designs 107

Designs Design Marketing Marketing 107

The IP Law Blog

SEPTEMBER 22, 2022

Johnson Enterprises bought a copy of the P&P game, sent samples to a Chinese manufacturer, and began selling an almost identical version of P&P’s game that it called “Tailgating Pros White Connect 4” in October 2017. The Ninth Circuit first recognized that “proof of copying strongly supports an inference of secondary meaning.”

Copying 98

Copying Marketing Marketing Advertising 98

Kluwer Copyright Blog

FEBRUARY 28, 2024

Over the course of a decade, Google copied large volumes of books and made them available online, both through excerpts, known as “snippets”, and as entire publications. style fair use: South Korea adopted it in 2011 , and it has been considered for adoption by Australia. As such, it was permissible under United States copyright law.

Fair Use 137

Fair Use Copyright Moral Rights Copyright Law 137

Michael Geist

AUGUST 5, 2021

The ruling was clear that there is a difference between fair dealing and copying for other purposes and we will continue to ensure that rightsholders are compensated when their works are used for the latter.”. The decision absolutely does not mean a free-for-all on copyright-protected materials used in the classroom.

Copyright 145

Copyright Copying Licensing Litigation 145

TorrentFreak

APRIL 24, 2023

In the years following its initial release in 2011, Minecraft captured a truly massive audience. With hundreds of millions of copies sold, it’s also the best-selling video game in history, a reign that looks set to continue.

Copyright Infringement 123

Copyright Infringement Artwork Copyright Intellectual Property 123

The TTABlog

SEPTEMBER 14, 2023

In its notice of opposition, opposer claimed a likelihood of confusion with its marks STERLING , in standard character and design form, and STERLING COMPUTERS. The USPTO provides the IB with the required information regarding an opposition by forwarding a copy of the ESTTA cover sheet completed by the opposer when an opposition is filed.

Law 113

Law Registration Trademark Copying 113

LexBlog IP

JUNE 28, 2023

Accordingly, the Court held that the holder of the IP right to a computer program cannot object to the resale of a copy thereof where such a copy is accompanied by a licence for unlimited use, whether material or immaterial. 382/2011; Court of Appeals of Athens decision No. Endnotes (1) Decision No. 2916/2022. (2) 438/2018. (6)

Copying 52

Copying Copyright Law Copyright Editing 52

Michael Geist

AUGUST 3, 2021

Access Copyright launched the lawsuit against York over copying it said took place from 2011 to 2013, seeking to enforce a Copyright Board approved tariff. York argued that it was not bound by the tariff because it had not agreed to its terms and counter-claimed that any copying at issue was in any event covered by fair dealing.

Copyright 100

Copyright Copying Copyright Infringement Licensing 100

Patently-O

AUGUST 3, 2023

The lawsuit centers around two key components of Moderna’s mRNA platform that it claims Pfizer copied – the use of modified nucleosides like 1-methylpseudouridine and the encoding of a full-length coronavirus spike protein. We might see a different strategy if a non-profit or consumer-focused group had filed.

Patent 97

Patent Patent Infringement Copying Technology 97

LexBlog IP

SEPTEMBER 22, 2022

Johnson Enterprises bought a copy of the P&P game, sent samples to a Chinese manufacturer, and began selling an almost identical version of P&P’s game that it called “Tailgating Pros White Connect 4” in October 2017. P&P appealed the summary judgment ruling to the Ninth Circuit.

Copying 52

Copying Marketing Marketing Advertising 52

SpicyIP

JULY 22, 2023

It states that the current IP regime poses problems in the context of generic computer programs because of the way the algorithms are designed and trained using large data sets. They receive inputs at various stages of their development – be it designing the software, training the system and testing how it functions.

IP 98

IP Intellectual Property Reporting Government 98

IP and Legal Filings

MAY 3, 2023

Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. The Copyright , Designs and Patents Act of 1988 in the United Kingdom specifies in Section (1)(1)(a) that copyright exists in “original literary, dramatic, musical, or artistic works.”

Copyright 88

Copyright Public Domain Copying Publishing 88

Biswajit Sarkar Copyright Blog

JULY 21, 2023

The word ‘copyright’ in its simplest sense is an amalgamation of the two words ‘copy’ and ‘right’ which leads to the meaning— ‘right to copy’. Understanding Copyright How would you define copyright? Tattoos, however, is only recently being taken seriously and is being considered to fall under the ambit of copyright protection.

Copyright 52

Copyright Artistic Work Copyright Infringement Ownership 52

LexBlog IP

JULY 5, 2023

In 2011, Hydronic began reverse-engineering Hetronic parts and contracted new suppliers to source them. The Lanham Act applies to persons who, without the consent of the trademark registrant, “use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark.[if]

Trademark 52

Trademark Marketing Marketing Contracts 52

IIPRD

FEBRUARY 8, 2024

IP owners can restrict unauthorised access or exposure of sensitive information, such as product designs, by encrypting data at the file level i.e., it is invariably encrypted from prior to reaching the cloud to after leaving it. It is designed as an Infrastructure as a Service (IaaS) platform. link] (Accessed: 29 October 2023). [8]

Intellectual Property 52

Intellectual Property IP Government Technology 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. You can judge for yourself by downloading a copy of “Jap Herron” here. This prompted a lawsuit by Don Post Studios, which asserted that the Cinema Secrets mask was a copy of its own mask.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

Kluwer Copyright Blog

JULY 11, 2022

The claimant was a company controlled and owned by the family of John Sullivan, who died in 2011. The Judge confirmed that the character would be covered by the concept of a literary work in the closed list of protected English works without any strained interpretation of the Copyright, Designs and Patents Act 1988 (‘ CDPA ’).

Copyright Infringement 113

Copyright Infringement Copyright Music Intellectual Property 113

Biswajit Sarkar Copyright Blog

JULY 21, 2023

The word ‘ copyright ’ in its simplest sense is an amalgamation of the two words ‘copy’ and ‘right’ which leads to the meaning— ‘right to copy’. Understanding Copyright How would you define copyright? Tattoos, however, is only recently being taken seriously and is being considered to fall under the ambit of copyright protection.

Artistic Work 52

Artistic Work Ownership Copyright Infringement Copyright 52

43(B)log

JULY 3, 2023

Zuluaga claimed first use of Zenú in 2011; the predecessor company applied to register the mark in 2013, with specimens using actual images of Industria’s products (though Zuluaga claimed lack of knowledge either of Industria or the specimens filed on its behalf by a filing service). Did intentional copying show intent to confuse?

False Advertising 59

False Advertising Advertising Advertising Registration 59

43(B)log

AUGUST 18, 2021

SMRI ultimately sent one C&D in August 2006, and filed suit in June 2011. One defendant’s principal testified that it “specifically tried very hard to differentiate” its products with a disclaimer expressly disavowing any affiliation with SMRI and a separate color scheme on its tags, which SMRI copied. apart from the mark as shown.”

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

Copyright Lately

JULY 19, 2021

Here’s a copy of a key page from the termination notice: As the chart shows, each of the effective dates is precisely thirty-five years from the date of the work’s first publication. In the meantime, a copy of the court’s decision in Yoakam is below.

Copyright 100

Copyright Music Social Media Copying 100

LexBlog IP

SEPTEMBER 29, 2021

In August 2011, the plaintiff, an English data center design company, drafted an NDA in connection with negotiations over its potential sale to a competitor. The recent decision in Bladeroom demonstrates what can happen when the drafter of an NDA tries to have it both ways. Ninth Circuit’s Decision in Bladeroom.

Confidentiality 52

Confidentiality Contracts Public Domain Designs 52

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 13, 2021

PDF copy available. A popular option, especially in cases where it is not yet clear in which specific countries IP protection is needed, is to first file a Patent Cooperation Treaty (PCT) application, providing an opportunity to later enter the national phase in designated countries/regions. Fish principals Hyun Jin (HJ) In, Ph.D.

Intellectual Property 52

Intellectual Property Litigation Patent Prosecution IP 52

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

There’s also a copyright claim for Luxy copying the plaintiff’s TOS/privacy policy. Netscape and 2011 Network Automation cases modified it. This is a topic I used as a sample exam idea in the 1990s). The court starts its trademark analysis nostalgically: “Turn back the clock to the Internet’s nascent age—1999.”

Advertising 99

Advertising Advertising Trademark Settlement 99

Trading Secrets

NOVEMBER 11, 2022

Instead, the statute provided that anyone who “embezzles, steals or unlawfully takes, carries away, conceals, or copies, or by fraud or by deception obtains” a trade secret “with intent to convert to his own use,” regardless of the value of the trade secret, is liable for the resulting damages. Topcon Medical Sys., Healy & Son.,

Invention 59

Invention Law Litigation Journalism 59

Technology & Marketing Law Blog

FEBRUARY 13, 2023

A work is fixed in either a “copy” or a “phonorecord.” “Phonorecords” are defined as material objects in which only sounds are fixed, while “copies” are defined as material objects in which any other kind of work is fixed. [ 17 U.S.C. . §202(a) ] “Fixed” means that the work is embodied in a material object in some permanent form.

Copyright 120

Copyright Blogging Publishing Fair Use 120

Patently-O

JANUARY 20, 2023

Some of the most beloved fixtures of the genre—time machines, faster-than-light space travel, teleportation, downloading memories, copying a consciousness, etcetera—are impossible or not yet possible when described by the author. The answer is usually no, and for good reason.

Patent Law 95

Patent Law Law Inventor Patent 95

LexBlog IP

NOVEMBER 11, 2022

” Instead, the statute provided that anyone who “embezzles, steals or unlawfully takes, carries away, conceals, or copies, or by fraud or by deception obtains” a trade secret “with intent to convert to his own use,” regardless of the value of the trade secret, is liable for the resulting damages. 4] 357 Mass.

Invention 52

Invention Law Litigation Intellectual Property 52

TorrentFreak

JULY 2, 2023

“Because of my advanced skills in designing hardware and coding on early computers, I quickly found out that working on modchips was basically just good old low-level coding. And when George Hotz , aka Geohot, posted a copy of the PlayStation 3’s private key online, traffic to game hacking sites blew up.

Business 142

Business Government Technology Advertising 142

Patentably Defined

JANUARY 19, 2011

Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.” Reexamination proceedings for utility or design patents. Accompanying this Petition are three copies of the drawing sheet bearing the color drawing. © 2011, Michael E.

Patent Application 40

Patent Application Design Patent Invention Copying 40

SpicyIP

NOVEMBER 21, 2022

The Plaintiff had argued that all the rights pertaining to the film vests with them by virtue of an agreement with the producer entered in 2011. It is worth noting that the above order was passed, despite the Defendant’s plea that it has not received any copy of the Plaint and other documents. Pharmacy Council of India and Ors.,

IP 100

IP Cease and Desist Patent Music 100

Patentably Defined

JUNE 7, 2012

2011); In re Bigio , 381 F.3d 2011) ; Innovention Toys, LLC , No. 2011); In re Bigio , 381 F.3d 2011)(reversing the BPAI’s judgment of obviousness after concluding that no less than five prior art references relied upon by the BPAI were non-analogous). Follow this link to download a copy. See also MPEP § 2141.01(a).

Art 40

Art Inventor Invention Patent 40

The IP Law Blog

MARCH 2, 2021

This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder. 21 In a 2011 survey conducted by the U.S. 4226, at 3-32 (May 2011), [link].

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

PDF copy available. Early commercialization efforts were flops—such as the attempt to build a LISP machine designed to implement AI languages. These projects were designed for cloud-based infrastructure that could be leased and rapidly scaled from a prototype into a commercial offering. Read the full article on Bloomberg Law.

Law 40

Law Patent Technology Art 40

43(B)log

APRIL 26, 2022

The Court never suggested that you could only regulate an ad if that particular copy of the ad had deceived someone; the Court was talking about the message, not the medium.) In previous cases, the court of appeal held that counting every copy of a newspaper with a violative ad as a “violation” was not appropriate.

Advertising 59

Advertising Advertising Marketing Marketing 59

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

PDF copy available. In fact, although most battery patents relate to technical features of a battery, a recent lawsuit related to design patents addresses a specific visual battery pack housing. Up from just 10 cases involving patents related to battery technologies in 2011, 27 in 2020 alone there were 93 such cases in U.S.

Intellectual Property 52

Intellectual Property Technology Journalism IP 52