IPilogue

JULY 19, 2021

Did they ever actually fight? Justice McHaffie stated: “an author who publishes what is said to be a nonfiction historical account cannot later claim the account is actually fictional to avoid the principle that there is no copyright in facts ” [emphasis added]. Or did they win? Was it eight on eighteen?

Copyright 112

Copyright Copying Law Publishing 112

TorrentFreak

JANUARY 2, 2024

million people (according to SimilarWeb) in ’23, was provisionally found to have earned about 340 million won [$35 million] in advertising revenue,” the statement notes, adding that the platform illegally shared almost 27,000 titles causing “significant damage” to the publishing industry.

Advertising 91

Advertising Advertising Reporting Publishing 91

The IP Law Blog

MAY 5, 2022

Berkovitz found evidence that one or more students sought help with the questions during the actual exam. Given the exams were part of a business law class that included the topic of copyright infringement, the professor’s attorney found the copying ironic. The Course Hero website is an education-focused website for document sharing.

Copyright Law 98

Copyright Law Copyright Law Copyright Infringement 98

TorrentFreak

SEPTEMBER 11, 2021

The theory was that these bogus notices were sent by rivals or competitors to these platforms in an effort to damage their presence on the web. I have little faith Google will actually do anything without it but we’ll see,” the site’s operator explains. By using the query ‘site:rule34.xxx

Reporting 137

Reporting Copyright 137

TorrentFreak

MAY 15, 2023

For musician Maria Schneider, whose class action lawsuit against YouTube will head to a jury trial next month, the status quo and its alleged facilitator have been a constant topic of discussion for well over a decade. What Do Whore Houses, Meth Labs, and YouTube Have in Common? “OK, I know: that title really hits below the belt.

Copyright 136

Copyright Intellectual Property Business Licensing 136

The IPKat

AUGUST 4, 2021

Taking into account other publicity and use evidence, the disputed sign on the fast food products to which it was designated had no adverse effects in actual use either. In summary, the Court held that, regarding the disputed sign itself, or in combination with its actual use, there was no ‘adverse effect’ as described in Article 10.1(8)

Intellectual Property 62

Intellectual Property IP Law Registration 62

LexBlog IP

MAY 5, 2022

Berkovitz found evidence that one or more students sought help with the questions during the actual exam. Given the exams were part of a business law class that included the topic of copyright infringement, the professor’s attorney found the copying ironic. It has been reported that Prof.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

JIPL Online

NOVEMBER 1, 2021

Second, this blog will provide an explanation for why threats of litigation are damaging to mod communities as well as to the video game publishing companies that employ them. Closer analysis is needed to determine if this is actually feasible. Why the Monetization of Derivative Works via Crowdfunding is Different. 2] Owen S.

Derivative Work 59

Derivative Work Cease and Desist Blogging Litigation 59

Technology & Marketing Law Blog

APRIL 1, 2023

This ruling covers two key topics related to 512. Okularity * Copyright Plaintiffs Can’t Figure Out What Copyrights They Own, Court Says ¯_(ツ)_/¯ * A 512(f) Case Leads to a Rare Damages Award (on a Default Judgment)–California Beach v. UMG * Copyright Takedown Notice Isn’t Actionable Unless There’s an Actual Takedown–Amaretto v.

Fair Use 102

Fair Use Cease and Desist Contracts Ownership 102

IP and Legal Filings

MARCH 7, 2022

In this scenario, the court might issue a temporary order for a certain period until the court issues final decisions on the topic. Damages – Damages in the form of compensation received by the registered owner in the form of recoupment of losses incurred as a result of trademark infringement.

Trademark 61

Trademark Law Registering Trademarks Branding 61

Copyright Lately

AUGUST 22, 2021

The complaint raised concerns that Dolezal was using copyright law to purge the historical record of her controversial past, while seeking substantial monetary damages in the process. When users don’t follow these requirements to the letter, Philpot files suit, usually seeking $150,000 in damages for each infringed work.

Copyright 89

Copyright Fair Use Settlement Designs 89

IP and Legal Filings

MARCH 7, 2022

In this scenario, the court might issue a temporary order for a certain period until the court issues final decisions on the topic. Damages – Damages in the form of compensation received by the registered owner in the form of recoupment of losses incurred as a result of trademark infringement.

Trademark 57

Trademark Law Registering Trademarks Branding 57

43(B)log

JUNE 29, 2023

Copyright as an example: requiring disclosure of datasets used for training by the initiators of the model doesn’t solve any of the actual problems of how users are using the model by adding new inputs to train it further. Might be broken down by topic. Justin Hughes: Some topics here are premature, others old hat (trusted flaggers).

Law 52

Law Privacy Litigation Social Media 52

Technology & Marketing Law Blog

SEPTEMBER 19, 2021

This is just another example of the dirty trick of accusing your opponents of doing what you are actually doing. Virtually every Internet service curates third-party content topically or thematically, such as message board topical threading. The Florida law doesn’t ban censorship; it IS censorship. Babylon Bee.

Social Media 99

Social Media Government Blogging Publishing 99

SpicyIP

MARCH 4, 2024

Here is another round of SpicyIP flashbacks by Lokesh, where he looks into a variety of topics ranging from IP and Gaming to Biodiversity and Benefit Sharing! Other Posts Journey Through “Januarys” on SpicyIP (2005 – Present) Image from here Sit back, relax, and sift through the pages of January’s posts on SpicyIP!

Invention 59

Invention Trademark IP Patent 59

IIPRD

APRIL 13, 2023

In India, the topic of criminal punishment for copyright infringement has generated considerable controversy. In actuality, India is not required under the TRIPs agreement to make all copyright violations crimes. The terms “piracy” and “copyright infringement” are separate.

IP 52

IP Copyright Infringement Copyright Government 52

Copyright Lately

JANUARY 23, 2023

” After the initial headlines have run their course, plaintiffs’ legal team will be left with the decidedly more difficult task of actually proving their case. If you’re interested in doing a deeper dive into how all of this works, I recommend following Andres Guadamuz’s blog on the topic.) 17 U.S.C. §

Derivative Work 108

Derivative Work Art Copying Fair Use 108

IPilogue

JANUARY 14, 2022

Here, the Court found goodwill in Subway’s trademarks, which was damaged by the nature of Budway’s products, as contrary to Subway’s “healthy and active” lifestyle promotion. With damages amounting to $40,000, it is clear the courts are unamused by parody in trademarks. The Road Less Travelled Cannot be Trademarked.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property (IP) attorney, I am often battered with questions about the topic. The damage award include all the profit that the infringer made from using the trademark as well as other punitive damages. That’s understandable. The legal term is “ likelihood of confusion.”.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

Michael Geist

APRIL 6, 2022

Further, this broad definition is not limited to linking to actual news articles. That is astonishingly overbroad and damaging to the Internet, effectively saying that a link to the homepage of a website might require compensation if the link appears on DNI’s service.

Government 98

Government Business Journalism Marketing 98

43(B)log

JULY 20, 2023

Given its powers under the COVID-19 Act, the government sought not just a permanent injunction, but damages, including recission/restitution/disgorgement, as well as civil penalties. The court excluded the testimony of Dr. Parks, who had (as relevant) a Ph.D.

Government 52

Government Advertising Advertising Social Media 52

Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property attorney, I am often battered with questions about the topic. They can force the infringing company to change their name, destroy all the products in inventory along with any business materials containing the infringing name, as well as pay damage awards to the mark holder.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

TorrentFreak

NOVEMBER 27, 2022

For a channel that specialized in “drama related” topics, the next year of events could’ve taken it to the next level. A joint report to the court in November 2021 revealed a damages claim adjustment but little progress. Statutory copyright damages can reach $150,000 per claim but the report indicated $140,000.

Copyright Infringement 129

Copyright Infringement Copyright Settlement Reporting 129

43(B)log

AUGUST 9, 2021

5, 2021) Scilex sells an FDA-approved, prescription-strength topical analgesic self-adhesive patch, ZTlido (lidocaine), which is allegedly often prescribed off-label, including for general neuropathic pain (e.g., Scilex Pharmaceuticals Inc. Sanofi-Aventis U.S. LLC, 2021 WL 3417590, F.Supp.3d 3d -, 2021 WL 3417590, No. 21-cv-01280-JST (N.D.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

For more information about any topic herein, please see our October 20, 2020 webinar, “ IP and Cannabis: The Current Landscape ,” or contact your Fish attorney. Obtaining monetary damages could be more difficult. FDA Regulation. THC – even if such products are legal under state law.

IP 52

IP Registration Trademark Branding 52

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. In an early decision in the case, Judge Mazzant ruled that under Texas law, AMS could only seek $17 million of the $64 million in exemplary damages a jury awarded it following a retrial on damages in the case. In Oakwood Lab’ys LLC v.

Law 59

Law Confidentiality Designs Design 59

LexBlog IP

AUGUST 31, 2021

per mobile device based on HTC’s actual sales. Even if US law governed the case, HTC’s proposed instruction arising from “patent-damages cases” was not required in this “breach-of-contract” case. In 2016, just before the 2014 license expired, HTC and Ericsson began negotiating renewal of the license.

Licensing 52

Licensing Contracts Law Patent Law 52

Trading Secrets

DECEMBER 21, 2021

TUTSA provides similar monetary relief to both DTSA and UTSA, including actual losses, unjust enrichment, reasonable royalties, exemplary damages, and attorneys’ fees, under specific circumstances.

Confidentiality 69

Confidentiality Law Contracts Business 69

LexBlog IP

JUNE 28, 2023

Damages in cases of copyright infringement Article 65(2) of the Copyright Law provides as follows: A person who by intent or negligence infringes copyright or a related right of another person shall be liable for compensation of damages and for restitution of moral damages.

Copying 52

Copying Copyright Law Copyright Editing 52

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

As a result, activities that are actually confined to the university and support nonprofit education are more likely to be approved. However, – this principle will not protect the alleged infringer from an action that the owner of the copyright for the damages and claim for an account of profit.

Fair Use 52

Fair Use Copyright Law Copyright Law 52

43(B)log

APRIL 12, 2024

The court of appeals reduced the penalty for violations outside the FAL’s statute of limitations (a decrease of under $1 million), but approved of the trial court’s general approach to calculating damages, including its use of sampling and its consideration of solicitations from California to out-of-state prospective students.

False Advertising 59

False Advertising Law Reporting Marketing 59

LexBlog IP

DECEMBER 21, 2021

TUTSA provides similar monetary relief to both DTSA and UTSA, including actual losses, unjust enrichment, reasonable royalties, exemplary damages, and attorneys’ fees, under specific circumstances.

Confidentiality 52

Confidentiality Law Contracts Business 52

The IPKat

NOVEMBER 27, 2023

Acquiescence is a topic of interest following the CJEU in Heitec (see Volume 9 ) and the UK Court of Appeal in Combe (see Volume 12 ). TikTok has already resisted an infringement claim (for $116m in damages) in the US courts.

Editing 70

Editing Registration Branding Brands 70

SpicyIP

NOVEMBER 13, 2023

Johnson & Johnson’s “Non-Enforcement” of Bedaquiline Patents: What has Actually been Gained? In this month’s edition, he looks into topics including copyright and education, transparency and clinical trial data, Google ad-word cases, and more! With lots of intriguing details, you don’t want to miss this post!

Trademark 59

Trademark Copyright IP Registration 59

LexBlog IP

NOVEMBER 11, 2022

Maxwell Goss also has an earlier post this year on the same topic that was published by The Michigan Law Journal. The avoided cost theory of damages continues to gain traction as an element of damages in trade secret cases, advises Andrea Feathers for Sheppard Mullins Trade Secrets Law Blog. Supreme Court may address it.

Cease and Desist 40

Cease and Desist Journalism Blogging Government 40

Technology & Marketing Law Blog

JUNE 20, 2023

Because she failed to register her copyright until after the infringement commenced, Goldsmith is ineligible to recover either statutory damages or attorneys’ fees. [ 17 U.S.C. Barton Beebe’s empirical work on this topic. She seeks damages and royalties only for licensed reproductions of the Prince Series…. of America v.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

This is a topic I used as a sample exam idea in the 1990s). Actual confusion. However, it’s actually a significant loss for the defense for this case to proceed because it opens up expensive discovery. There’s also a copyright claim for Luxy copying the plaintiff’s TOS/privacy policy. Mark similarity.

Advertising 98

Advertising Advertising Trademark Settlement 98