43(B)log

SEPTEMBER 20, 2021

2021 WL 2270511, No. 3, 2021) The parties compete in the market for custom landscape design services. “[I]n He did allege sadness, distress, and “profound grief” from Natorp’s copying of images of a particular landscape job, but the Lanham Act doesn’t cover psychological, emotional harm. McCleese v. Natorp’s, Inc.,

Copying 64

Copying False Advertising Social Media Advertising 64

Kluwer Copyright Blog

DECEMBER 26, 2021

Welcome to the fourth and final trimester of 2021 round up of EU copyright law! We started this rubric in the beginning of 2021. The end of 2021 has been particularly busy. More than six months have now passed since the deadline to implement the CDSM Directive – 7 June 2021. Photo by Markus Spiske on Unsplash.

Copyright Law 115

Copyright Law Copyright Law Reporting 115

Technology & Marketing Law Blog

JULY 16, 2021

2021 WL 221878 (9th Cir Jan. 22, 2021): companies now pay so-called “influencers” to issue posts on social media touting their products or services. Robinhood Markets, Inc., 2021 WL 2435307 (N.D. June 15, 2021). 2021 WL 151978 (N.D. 2021 WL 2476853 (E.D. La Marque, 2021 WL 1997376 (D.

Advertising 108

Advertising Advertising Contracts Social Media 108

The IPKat

AUGUST 8, 2022

Many readers will already be familiar with this title, since it won our IPKat book of the year award 2021 for best copyright book! But, for those who are yet to pick up a copy, here is what is in store: The EU legislature adopted Directive 2019/790 on Copyright in the Digital Single Market (DSM) in 2019.

Marketing 80

Marketing Marketing Copyright Intellectual Property 80

TraskBritt Intellectual Property

APRIL 10, 2021

Supreme Court issued a decision in litigation involving Google’s Android operating system for mobile devices on April 5, 2021. When developing Android, Google had copied the text and format of function calls from Oracle’s Java SE Application Programming Interface (API). 18-956, 2021 U.S. In Google LLC v.

Fair Use 40

Fair Use Copying Intellectual Property Copyright 40

Plagiarism Today

NOVEMBER 18, 2021

They did so anyway and followed up by filing a trademark We’ve tried to sort this out in private and they have been uncooperative at every turn [link] — OBS (@OBSProject) November 17, 2021. pic.twitter.com/00sjHsmntF — Streamlabs (@streamlabs) November 17, 2021. Hey, can I copy your homework? ? This is our fault.

Plagiarism 246

Plagiarism Web Development Copying Copyright Notice 246

TorrentFreak

DECEMBER 24, 2022

The MPA branded BestBuyIPTV a ‘notorious market’ back in 2018, noting that it was “likely” to be located in Italy. The MPA reported the service to the US Government again a year later, but in the 2021 ‘Notorious Markets’ report, Italy was no longer cited as a hosting location.

Marketing 79

Marketing Marketing Reporting Branding 79

Trading Secrets

FEBRUARY 17, 2022

Additionally, a recent Third Circuit decision held that copying is not the only method that trade secret plaintiffs can demonstrate actionable “use” under the Defend Trade Secrets Act.

Copying 75

Copying Law Marketing Marketing 75

Plagiarism Today

FEBRUARY 10, 2022

In July 2021, artist Damien Hirst debuted his latest exhibit , a collection of 107 paintings (30 of which were on display) of cherry blossoms. Though he clarified that they were not “direct copies”, he claimed there were similarities in style, color choices and techniques used that were overwhelming to him. Bottom Line.

Plagiarism 279

Plagiarism Art Marketing Marketing 279

TorrentFreak

DECEMBER 29, 2022

When movies are recorded directly from cinema screens, the resulting pirate copy is known as a ‘cam’, regardless of the device used – camcorder or otherwise. A screenshot from the cam copy of Minions: The Rise of Gru. Forensic investigators linked the copy to a cinema in Leeds, West Yorkshire.

Cinema 125

Cinema Copying Intellectual Property Reporting 125

Kluwer Copyright Blog

JANUARY 20, 2022

At the end of 2021, YouTube’s first Copyright Transparency Report 2021 (“Report”) was published. This news channel had used the (open source) NASA video for its own news video and ended up raising unjustified claims against other copies on YouTube, including NASA’s original video. 17, 2021 (Communication Art.

Reporting 98

Reporting Copyright Art Copyright Infringement 98

Kluwer Copyright Blog

JANUARY 18, 2023

Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. Moreover, the 2021 copyright law reform also promotes the preservation of cultural heritage. Photo by Norbert Braun from Unsplash. b) Teaching.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

The IPKat

DECEMBER 16, 2021

In this regard, the Court concluded that the defendants’ song appears to be a case of copying and reproduction of the plaintiff’s work. The Africa IP Highlights is an initiative of this Kat and is a series of posts put together to highlight some of the key developments in IP in Africa each year.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

After a heady 2020, 2021 proved to be a return to normalcy for the PTAB. Filings at the PTAB in 2021 also reflect a general slowdown, with a decline of about 10% from 2020. [1] For even more 2021 post-grant updates, please see our Post-Grant 2021 Year in Review webinar here. 1970 (2021). Download a PDF.

Reporting 52

Reporting Art Invention Patent 52

Trading Secrets

DECEMBER 21, 2021

Throughout 2021, our dedicated Trade Secrets, Computer Fraud & Non-Competes Practice Group hosted a series of CLE webinars that addressed significant trade secret and restrictive covenant issues facing clients today. Overview of Non-Compete Legislation and Enforcement Issues from 2021. View the Recording.

Confidentiality 69

Confidentiality Law Contracts Business 69

Kluwer Copyright Blog

OCTOBER 7, 2021

Welcome to the third trimester of 2021 round up of EU copyright law! This eagerly awaited AG Opinion was published on 15 July 2021. 7 June 2021 marked the deadline to implement the CDSM Directive. Photo by Markus Spiske on Unsplash. In this series we update readers every three months on developments in EU copyright law.

Copyright Law 60

Copyright Law Copyright Law Television 60

Plagiarism Today

AUGUST 11, 2022

1: Microsoft Sues “Black Market” Software Distributor for TM and Copyright Infringement. First off today, Christina Tabacco at Law Street reports that Microsoft has filed a copyright infringement lawsuit against The Search People Enterprises over allegations that the company distributed pirated copies of Microsoft products.

Copyright Infringement 210

Copyright Infringement Music Plagiarism Reporting 210

TorrentFreak

OCTOBER 18, 2021

Dune had its world premiere at the 78th Venice International Film Festival on September 3, 2021, and Warner Bros. released the movie internationally on September 15, which did not include key markets such as the US and UK. From One Copy, Many Others Spawn. Dune Release Latest in High-Profile Leaks from EVO.

Copying 145

Copying Cinema Television Marketing 145

LexBlog IP

DECEMBER 20, 2023

The report (available here ) includes crucial information on the EU border and EU internal market detention of goods during 2022. Detentions at the EU borders Compared to 2021 the number of border detentions decreased by approximately 15%, as did the number of products detained (approximately 40% less).

Marketing 52

Marketing Marketing Reporting IP 52

Kluwer Copyright Blog

AUGUST 16, 2021

Welcome to the second trimester of 2021 round up of EU copyright law! On 3 June 2021, the CJEU delivered its judgment in CV-Online Latvia. On 17 June 2021, the CJEU delivered its judgment in Mircom , tackling many interesting points regarding communication to the public and file sharing. Photo by Markus Spiske on Unsplash.

Copyright Law 52

Copyright Law Copyright Law Art 52

Kluwer Copyright Blog

JANUARY 16, 2023

The majority of the changes in the course of the 2021 copyright law reform have undoubtedly been made to the Copyright Act, the so-called UrhG ( English translation here ). As such, they have been able to profit from a slightly strengthened legal position in Germany since the copyright law reform came into force in 2021.

Copyright 52

Copyright Contracts Copyright Law Law 52

Velocity of Content

DECEMBER 6, 2023

Our current AI-related offerings are focused on the corporate, research, academic and education markets. According to this report , open models accounted for 31% of articles, reviews and conference papers in 2021. law, copying copyrighted content to train AI can state a cause of action for infringement [Citing, Thomson Reuters Enters.

Copyright 98

Copyright Fair Use Licensing Copying 98

43(B)log

FEBRUARY 16, 2022

It is that functionality, and not the copying, to which Apple truly objects. To this point, Apple responds that it would rather control the market for security research on its products. Importantly, there is no Apple code in CORSEC itself, and there is also no infringement when someone downloads a copy of iOS from Apple’s site.

Derivative Work 90

Derivative Work Fair Use Copying Copyright 90

LexBlog IP

DECEMBER 21, 2021

Throughout 2021, our dedicated Trade Secrets, Computer Fraud & Non-Competes Practice Group hosted a series of CLE webinars that addressed significant trade secret and restrictive covenant issues facing clients today. Overview of Non-Compete Legislation and Enforcement Issues from 2021. View the Recording.

Confidentiality 52

Confidentiality Law Contracts Business 52

Kluwer Copyright Blog

NOVEMBER 28, 2022

Remuneration of authors under French copyright law before the 2021 Order. is not sufficient and therefore is in breach of the law, and in a judgment of 30 November 1999, the same court ruled that a clause providing for 0% for the first 1,000 copies sold, 7% for the next 2,000 copies and 10% beyond 3,000 copies sold, was null.

Contracts 96

Contracts Intellectual Property Cinema Copying 96

TorrentFreak

OCTOBER 21, 2023

The piracy group repeatedly opened “screener season” by releasing leaked copies of upcoming films. EVO was also the first to release an early Blu-ray copy of ‘Spider-Man: No Way Home’ last year, and a high-quality copy of the blockbuster “Dune” in 2021, ahead of its official U.S.

Copying 95

Copying Publishing IP Reporting 95

Technology & Marketing Law Blog

DECEMBER 27, 2021

The application of this principle to this case is easy: the elements that Defendants allegedly copied from Coscarelli’s cookbooks are primarily lists of ingredients and directions for combining them. Frederick Andrew Braunstein, Akerman LLP (left the case in 2021). Reena Jain, Akerman LLP (left the case in 2021).

Copyright 141

Copyright Social Media Copying Blogging 141

Plagiarism Today

AUGUST 2, 2022

Back in January, the crypto group Spice DAO (decentralized autonomous organization) made headlines for spending approximately $3 million to acquire a physical copy of the book Jodorowsky’s Dune , a bible for a planned Dune move that would have been made in the 1970s. . The payment beyond excessive. Copyright Office. Finding a Use.

Copyright 234

Copyright Non-Fungible Tokens Technology Plagiarism 234

Intellectual Property Law Blog

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3] Goldsmith, No.

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

The IPKat

DECEMBER 29, 2021

The European Commission’s Directorate-General for Taxation and Customs Union ( DG TAXUD ) and the European Union Intellectual Property Office ( EUIPO ) recently released the first joint annual report on EU enforcement of intellectual property rights: results at the EU border and in the EU internal market 2020. billion in 2019.

Reporting 128

Reporting Intellectual Property Marketing Marketing 128

Velocity of Content

AUGUST 16, 2021

Since January 2021, the UK is no longer bound by any EU legal framework and is no longer a member of the European Single Market. Essentially, exhaustion of IP rights is a limit on the control that copyright holders and others have over physical distribution of their works, such as books, in markets around the world.

Publishing 98

Publishing Copyright Editing Intellectual Property 98

Technology & Marketing Law Blog

AUGUST 12, 2021

means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially.”. 20-cv-10300 (JSR), 2021 WL 3239510 (S.D.N.Y. July 30, 2021). Is Embedding a Display?

Social Media 140

Social Media Copyright Fair Use Licensing 140

Technology & Marketing Law Blog

OCTOBER 26, 2021

is the same as simply copying the work; any work made public will almost always inspire an opinion in the reader, but the reader’s implicit opinion is not the same as comment or criticism formed and made by the blogger who copies the copyright-protected work.” Market effect. GoDaddy.com LLC , 2021 WL 4942658 (D.

Privacy 113

Privacy Fair Use Blogging Copyright 113

Technology & Marketing Law Blog

JUNE 11, 2022

26, 2021). BackChina, LLC, 2021 WL 6337194 (C.D. 16, 2021): Defendant argues that it is shielded from liability by 17 U.S.C. We have not previously considered what is required for a copy to persist for more than a transitory period. 2021 WL 6052106 (S.D.N.Y. * Hebenstreit v. Wilmont Storage Services, LLC , No.

Copyright 112

Copyright Copying Copyright Infringement Copyright Law 112

TorrentFreak

MAY 1, 2024

Copying or reproduction remains relevant, as does the concept of distribution. But then, several months later in 2021, something caught our attention. According to the indictment, Valverde marketed Fenix and attracted subscribers through a network of resellers, each of whom sold monthly subscriptions via so-called reseller credits.

Law 94

Law Copyright Infringement Copyright Copyright Law 94

TorrentFreak

JANUARY 11, 2023

Between August 2016 and July 2021, Bernardini used his insider knowledge as a rights coordinator to execute an audacious plan that would see him obtain more than a thousand pre-release manuscripts of novels and other unreleased books. According to a federal indictment unsealed early 2022, that was certainly not the case.

Publishing 115

Publishing Copying Marketing Marketing 115

Kluwer Copyright Blog

APRIL 5, 2022

We started this rubric back in 2021. End of 2021. We report here on one case, issued late in December 2021, which may be of interest to our copyright readers, despite its focus on private international law. International federation for the phonographic industry (IFPI), Global Music Report 2021. Austro-Mechana, C-433/20.

Copyright Law 60

Copyright Law Copyright Law Music 60