SpicyIP

FEBRUARY 10, 2023

In this post, I extend it by highlighting HCU’s history arguing that HCU is a principle of trademark law and not just a provision limited to Section 12. While I agree with the court’s ruling about HCU being a defense, I would argue that it doesn’t come from the special circumstances under Section 12.

Trademark 119

Trademark Registration Trademark Law Law 119

Kashishipr

DECEMBER 8, 2021

However, the development of science and technology has led to an evolved perception of patentability, which is noted below about India, the US, and the European counterparts. Evolution and Development in the USA. The issue of patenting a living form was witnessed in the most crucial case in the history of such dealing, in Diamond v.

Patent 105

Patent Intellectual Property Invention Ownership 105

The IPKat

JANUARY 21, 2022

Topics include the evolution of the performers’ rights in the UK, through to all key aspects of the rights, such as subsistence, duration, ownership, licensing, remuneration, infringement, and exceptions. What about a juggler? Naturally, the first question addressed in the book is who are the performers?

Moral Rights 128

Moral Rights Contracts Editing Related Rights 128

43(B)log

FEBRUARY 23, 2024

Introduction: Rebecca Tushnet What might we derive from things the Court has said about trademark of late? What about the use other than as a mark limit in the parody/commentary exception itself? Romag is a clear example: there’s a complicated history, and figuring out how to think about it in light of TM’s evolution over time is hard.

Trademark 45

Trademark Law Branding Brands 45

43(B)log

AUGUST 12, 2022

Epistemological: Although utilitarianism sounds nice, it’s difficult to calculate and the complexity makes it difficult/impossible to get real answers about law. This gives room for values; preference-based evaluation is likely to include values we care about, like democracy. Macroeconomics is about, fundamentally, growth.

IP 72

IP Public Domain Music Copyright 72

IP and Legal Filings

FEBRUARY 15, 2024

The transition from simply turning on the television to logging into accounts such as social media and OTT platforms, has resulted the entertainment industry to witness an astonishing evolution. For example, platforms like Instagram provides recommendation for reels to their consumer on the basis of their viewing history.

Privacy 93

Privacy Social Media Advertising Advertising 93

The IPKat

SEPTEMBER 30, 2022

And here is the second part of the report about the intense day of study dedicated to the memory of Prof. What about passwords? Luigi Carlo Ubertazzi (first part here ), again in a highly simplified version given the very high level of the various speeches/talks. Does it fall under inheritance? For now, the situation is OK.

Reporting 91

Reporting Copyright Intellectual Property Moral Rights 91

43(B)log

FEBRUARY 18, 2022

Glynn Lunney: Examples in the US seem to fall under common regimes—what about where the law clearly doesn’t cover the use, such as use of a photo on the cover of a magazine when there’s reporting about the subject. A: contracts were confidential but may be able to talk about standard terms. Sample contracts would also be great.

Fair Use 59

Fair Use Contracts Litigation Copying 59

SpicyIP

DECEMBER 17, 2023

Cover page of “Turning Back the Pages of Time: An American History Library Book List” by Kathy Keller. Curiously, most of the House seemed uninformed about India’s obligations under the Berne Convention (no wonder that both the Houses had ratified the Berne Convention without much debate.)

Copyright 59

Copyright Publishing Music Artistic Work 59

The IPKat

JULY 9, 2023

An Oral History of Creative Processes in Street Art and Graffiti Subcultures ”, authored by Enrico Bonadio (City University of London). On the contrary, this book looks at the evolution of the practice and thinking of street artists, illustrated by numerous key issues and their personal testimonies.

Art 57

Art Copyright Moral Rights Cease and Desist 57

Copyright Lately

NOVEMBER 8, 2022

While it’s certainly not unusual for streamers to cancel shows after only a few seasons , it also just so happens that the first three novels introducing the teenage sleuths are about to enter the public domain. The first three novels in The Hardy Boys series are going to enter the U.S. public domain on January 1, 2023.

Public Domain 145

Public Domain Derivative Work Copyright Social Media 145

LexBlog IP

JULY 13, 2021

The statute secures new personal privacy rights for California consumers such as the right to know about the information businesses collect, which includes how it is used and shared. Taking heed of the GDPR, in early 2020, California passed the California Consumer Privacy Act ( CCPA ).

Music 52

Music Privacy Social Media Law 52

LexBlog IP

SEPTEMBER 7, 2022

District Court of Maine dismissed that claim , reasoning the majority of courts have rejected that theory based on the language and history of the DTSA. Hytera case, the high-profile case I have written about pending in Chicago, has some interesting developments. I wrote about the Seventh Circuit’s opinion in Rexxa, Inc.

Blogging 52

Blogging Reporting Law Litigation 52

The IPKat

SEPTEMBER 24, 2021

But the courtroom debates in the US, Germany, UK and China have raised numerous unanswered questions about what this means. Thus, the FRAND undertaking is a safeguard that seeks to balance users' interests with SEP owners' interests in protecting their IP. How wide or narrow is this FRAND undertaking? To whom is the FRAND undertaking owed?

Licensing 62

Licensing Technology Intellectual Property Litigation 62

SpicyIP

DECEMBER 24, 2023

Highlights of the Week The Evolution of Copyright and Translation Terms in India: Part I- Framing the Debate Image from here Discussing the history of the terms of copyright and translations in Independent India by sifting through the Parliamentary Debates, we are pleased to bring you this three-part post by Prachi Mathur.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

The IPKat

JULY 15, 2021

Having reviewed the rationale and history of Article 17, the AG undertook an analysis of the very admissibility of the action lodged by Poland. In this regard, the AG considered that the position of the CJEU has undergone an evolution over time, which appears “justified”.

Copyright 104

Copyright Law Related Rights Technology 104

43(B)log

FEBRUARY 24, 2023

Or you can write an exam about the stuff actually in the news, which is often not a model the LOC factors were meant for—uses on Instagram, collaborations with artists, etc. So we looked for doctrinally linked pairs of cases that highlight different commercial practices/evolution of doctrine over time. E.g. LTTB v. Redbubble v.

Trademark 49

Trademark Branding Brands Branding 49

Copyright Lately

DECEMBER 4, 2023

“It may be the finest performance ever captured on film,” wrote critic Pauline Kael about Renée Jeanne Falconetti’s work in The Passion of Joan of Arc. And yes, now it’s time to talk about Mickey. Mickey Mouse Steamboat Willie was the first cartoon to feature synchronized sound.

Public Domain 120

Public Domain Music Copyright Publishing 120

43(B)log

DECEMBER 1, 2022

Flora-Bama” is also featured in a few films, “such as Mullet Men (a documentary about Flora-Bama’s fish-throwing competition that Plaintiffs sell at the Lounge’s giftshop) and Last American Roadhouse: The Documentary of the Flora-Bama (a DVD that Plaintiffs sell at the Lounge’s gift shop).” Nor was referential use required.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

LexBlog IP

JULY 21, 2021

Invention is purely original and is the result of your brain work but the discovery has led people to know about it now, but it has existed well before it was found. But in many ways, the pre-extinct history of such creations might in some sense be considered some most invalidating prior art. Discoveries cannot be patented.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52