SpicyIP

MAY 3, 2023

Pursuing such litigation would be time-consuming, costly and not financially lucrative, as remedies granted in such cases are usually injunctive relief or nominal damages. Given that Section 57 provides that the legal representative “may” exercise the moral right, they may exercise this discretion by choosing not to enforce the right as well.

Moral Rights 105

Moral Rights Intellectual Property Settlement Copyright 105

TorrentFreak

MAY 16, 2022

After reading one of our articles on the topic, attorney Paul Levy at the Public Citizen Litigation Group concluded that it was. It is perhaps because of this litigation that Watch Tower has not filed any new DMCA subpoenas since we entered the case late last winter. And then things got dark. Really, really dark.

Fair Use 122

Fair Use Copyright Litigation Music 122

JIPL Online

NOVEMBER 1, 2021

The community may even want to compensate these mod creators for their effort through paywalls or donation-based funding. [2] 4] Mods that collect revenue by paywalls are likely to scare copyright holders into litigation. [5] 5] The mere threat of litigation is enough to shut most fan projects down entirely. [6]

Derivative Work 59

Derivative Work Cease and Desist Blogging Litigation 59

Patently-O

OCTOBER 5, 2021

Topics for Public Comment. patent enforcement and litigation; c. For example, please explain whether this jurisprudence has affected the cost or duration of such litigation, the ability to defend against claims of patent infringement, the certainty/uncertainty of litigation outcomes, or the likelihood of settlement.

Patent 102

Patent Intellectual Property Invention Inventor 102

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 21, 2020

In this series, we will discuss the fundamentals of blockchain technology, blockchain IP protection, litigation and enforcement trends for blockchain and blockchain-related technologies, and current events related to blockchain. We may dive into this topic in a future blog post. [2] see Figure 5).

Technology 76

Technology Copying Invention Patent Prosecution 76

Kluwer Copyright Blog

APRIL 22, 2022

Readers interested in the topic, should also note another important study on copyright and AI conducted in parallel and just released by the team of Alain Strowel, Sari Depreeuw, Luc Desaunettes-Barbero et al., 1] (On the topic of AI outputs and derivative works, see here.). Example workflow diagram by artist duo Hyper Music.

Music 67

Music Copyright Derivative Work Ownership 67

SpicyIP

AUGUST 3, 2023

Prashant’s potent post on this topic titled “ The Uneasy Alliance between Basmati & IP ” discusses the issue since the RiceTec case and the politics around IP protection. After much coaxing, it was later found that APEDA incurred huge legal expenses on Basmati and litigations were pending worldwide (as of that post).

Registration 98

Registration IP Copyright Blogging 98

Kluwer Copyright Blog

AUGUST 13, 2023

Despite the various regulatory approaches, litigation is starting to emerge due to the inherent uncertainty of the topic. OpenAI GP, OpenAI Startup Fund I, OpenAI Startup Fund GP I, OpenAI Startup Fund Management (collectively, “OpenAI” or the “Defendants”). OpenAI INC. et al , No. OpenAI, L.P., OpenAI OpCo, L.L.C.,

Copyright 98

Copyright Derivative Work Copying Copyright Infringement 98

The IPKat

DECEMBER 29, 2023

Findings on specific issues and topics Data regarding the stack Data regarding the stack could not be obtained directly from ETSI. He considered that there was no reason why the baseband chipset manufacturer would have to fund the licence fee to the stack out of the US$ 5 profit. The Judge rejected this argument.

Patent 78

Patent Litigation Marketing Marketing 78

Technology & Marketing Law Blog

JUNE 22, 2023

Instead, the CJPA takes an asinine, ineffective, unconstitutional, and industry-captured approach to this critical topic. Tax dollars go to the government, who can then allocate the money to (in theory) advance the public good—such as funding journalism. The CJPA is none of that. Instead, it pursues a policy worse than socialism.

Journalism 89

Journalism Social Media Publishing Government 89

SpicyIP

JANUARY 2, 2022

This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). Top 10 Judgments/Orders [Topicality/Impact]. b) Top 10 IP Judgments/Orders (Jurisprudence/Legal Lucidity) and. c) Top 10 Other IP Developments. H Lundbeck A/S v. Hetero Drugs Ltd [Delhi High Court].

IP 143

IP Intellectual Property Copyright Trademark 143

SpicyIP

DECEMBER 30, 2023

As in previous years, we have divided these developments into five categories: a) Top 10 IP Judgements/Orders (Topicality/Impact) b) Top 10 IP Judgements/Orders (Jurisprudence/Legal Lucidity) c) Top 10 IP Legislative and Policy Related Developments d) Other IP Developments; and e) Other Notable Developments. RDB and Co.

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

JANUARY 9, 2023

Restrictive Covenant Cases and Posts from around the United States: No-recruit agreements, which are restrictive covenants that forbid a former employee from soliciting his/her former colleagues, are a hot topic in many jurisdictions. Drafting a forum selection clause with parties outside the U.S.?

Blogging 40

Blogging Litigation Intellectual Property Licensing 40

JIPL Online

FEBRUARY 25, 2021

13] Of course these provisions have a huge impact on an artist’s ability to control their own music, but it also has an impact on litigation related to copyright ownership or rights of publicity. 19] Topic: Right of Publicity , International Trademark Association, [link]. 9, 2020), [link]. [17] 18] In re Jackson, 972 F.3d 3d at 31. [19]

Music 98

Music Ownership Copyright Law Contracts 98

Technology & Marketing Law Blog

JULY 6, 2022

when the social media account benefits from state resources (the panel gives the example of a government employee who uses government funds to procure a paid service). Thus, Freed can use his Facebook page to celebrate the brilliance of his taxpayer-funded work and suppress criticism of that work. Other Litigation. Ziegenhorn.

Government 70

Government Social Media Litigation Law 70

Technology & Marketing Law Blog

OCTOBER 29, 2023

I hope you enjoy these 2,800 words on legal topics you assumed were definitively resolved over a dozen years ago.] The Opinion Section 230(c)(2)(A) The opinion applies Section 230(c)(2)(A), the relatively lightly litigated sibling to Section 230(c)(1). [My blogging queue has gotten backlogged. I’m slowly catching up.

Marketing 111

Marketing Marketing Social Media Law 111

Technology & Marketing Law Blog

SEPTEMBER 21, 2022

at 1737, and it is they—not the government—who seek to defend viewpoint-based censorship in this litigation.” “the Platforms permit any user who agrees to their boilerplate terms of service to communicate on any topic, at any time, and for any reason. To fund the licenses, the services will adopt paywalls.

Social Media 137

Social Media Publishing Law Blogging 137

43(B)log

FEBRUARY 3, 2024

Expected to find a lot of talking around the topic of pleasure, but surprised to find a lot of hostility to, especially, defendants’ enjoyment of their own conduct. Agencies can scrutinize material to discover infringing products before put into use in public funded construction projects. See also: 1201 and 1202!]

IP 59

IP Marketing Marketing Patent 59