The IPKat

AUGUST 30, 2023

Three US cases were brought claiming that the song Thinking Out Loud performed by Ed Sheeran, copied Let’s Get It On performed by Marvin Gaye. Kathryn Townsend Griffin, the daughter of Ed Townsend, inherited a third of Townsend’s share of the musical work when he died in 2003. A summary judgment was previously denied - covered here.

Copyright Infringement 110

Copyright Infringement Music Copyright Copying 110

The IPKat

AUGUST 5, 2022

350/2003 concerning the use of the wording 'Made in Italy' and the misleading use of trade marks on the origin of goods, with penalties depending on the conduct at administrative level (paragraph 49 bis ) and at criminal level (paragraph 49). The relevant rules are those set forth in Article 4, paragraphs 49 and 49 bis of Law No.

Law 109

Law Copying Trademark Marketing 109

TorrentFreak

AUGUST 31, 2023

All three shared a copy of the locally produced film “ Tu Mano Deimantas “ LRTK says this is the first time it has issued administrative fines for copyright violations carried out by individual pirates. Meanwhile, the LinkoManija website remains up and running, as it has done since 2003.

IP 89

IP Copying Copyright Law 89

Patently-O

APRIL 17, 2024

23 (2003), false claims about the inventorship or authorship of a product are not actionable under the Lanham Act. In Dastar , the defendant had copied footage from an old television series that had entered the public domain, made minor edits, and sold the resulting videos as its own product without attribution to the original creators.

False Advertising 113

False Advertising Advertising Advertising Patent 113

TorrentFreak

JULY 17, 2022

The researchers examine the effect of software piracy on poverty in developing and Latin American economies between 2003 and 2017. It’s not hard to imagine that people living far below the poverty line aren’t particularly concerned with downloading copies of Photoshop.

Journalism 145

Journalism Editing Copying Copyright 145

IPilogue

FEBRUARY 4, 2022

On the issue of casual connection, the Plaintiff must prove that the infringing work was copied or otherwise taken from their work. References to these identical sources do not necessarily mean that one is copied from the other. In Okilo v Dick Francis and Anor (2003-2007) 5 I.P.L.R In CBS Inc. &

Copyright Infringement 106

Copyright Infringement Copyright Copying Artistic Work 106

IP and Legal Filings

MARCH 31, 2023

If any other person makes an unauthorized copy of that work, the owner shall have a right of action against him. While direct copying can easily be proven by showing that the defendant produced an exact copy of the original, indirect copying is a more complex event since it involves a modification of the original work.

Copying 69

Copying Cinema Public Domain Copyright 69

Technology & Marketing Law Blog

AUGUST 2, 2021

The book is available as a PDF at Gumroad for $10, as a Kindle ebook for $9.99, and in hard copy at Amazon for $20. The hard copy comes with a free PDF on request; and shipping should be free on Amazon Prime.] If you’re an academic and would like a free evaluation copy, please email me. Note About the E.U.’s Part 316 [[link].

Editing 145

Editing Law Privacy Contracts 145

Patently-O

AUGUST 31, 2021

There apparently is no claim of copying of any lines of software, but instead it is copying of the functionality and use of the particular coding language. Posner, The Economic Structure of Intellectual Property Law (2003). In addition, SAS argues that the formatting of the reports is also copyrighted. Landes & Richard A.

Copyright 109

Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

IIPRD

NOVEMBER 14, 2023

There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. Challenges in IPR Regulation in e-commerce As per a survey, around 38% online buyers experienced counterfeit products and 1/3 rd people have gotten copied products. Kirsty Phillips et al., 379 (2022). 4] Alexander S.

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

Intepat

MARCH 16, 2021

Traditionally, applicants have been placed under an obligation to obtain certified paper copies of documents from one office and then submit them to other offices. No requirement to provide a certified copy of priority document to each office of second filing individually. *No 49 in the First Schedule of the Patent Rules, 2003.

Copying 52

Copying Intellectual Property Patent Application IP 52

The IP Law Blog

DECEMBER 2, 2021

Johannsongs-Publishing claimed that You Raise Me Up, which was written by Rolf Lovland and Brendan Graham and released in 2001 by Secret Garden and later by Josh Groban in 2003 infringed on its rights in Soknodur. Rather, the defendants focused their attack by claiming there was no triable issue as to the element of copying.

Copyright Infringement 98

Copyright Infringement Copyright Copying Art 98

IP and Legal Filings

JUNE 12, 2023

Since copying was for the purpose of criticism, it amounted to fair dealing and did not constitute infringement of the copyright. 2003 (27) PTC 457 (Bom) (DB). Rather, the purpose was to criticise the idea propagated by the original drama, and to expose to the public that it had failed to achieve its real object.

Copyright Law 86

Copyright Law Copyright Law Copyright Infringement 86

SpicyIP

MARCH 29, 2024

Thus, the Controller further directed the Appellant to file a fresh translated copy of the PCT application. The Appellant was again directed to file the verified copy of the English translation of the international patent application. The 2019 Patent Office Manual allows deletion of claims without filing an application of amendment.

Invention 52

Invention Patent Application Patent Copying 52

The IPKat

AUGUST 3, 2022

The songs, songwriters and the rightsholders Kelis is the performer of a song called “ Milkshake ” that was released in 2003. The problem for Kelis is with her producers, not Beyoncé. The credits and the royalties for this song go to Chad Hugo and Pharrell Williams, who produce together as “The Neptunes.”

Music 143

Music Contracts Copyright Government 143

TorrentFreak

DECEMBER 31, 2021

The download numbers picked up later in the year when a high-quality copy appeared online. “The Fanimatrix” torrent was published in 2003 when BitTorrent was still a relatively new protocol. The Pirate Bay is Pretty Broken Right Now But Can Be Coaxed Back to Life (January).

Fair Use 129

Fair Use Reporting Copyright Copyright Infringement 129

IIPRD

JANUARY 18, 2024

For example, Patent Law aims to prevent copying or imitating patented goods by anyone other than the patentee. Introduction If we take a broader look at the Intellectual Property Laws, the primary objective of the legislation in framing these laws is to provide exclusive rights to the IP right holder as against the entire world.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law Licensing 52

Copyright Lately

MAY 17, 2021

When Justin Timberlake hosted the show in 2003, he attempted to fulfill his life-long dream of singing with Kermit the Frog. But later cases, including Campbell , reformulated the standard by holding that a parody is entitled to copy at least as much as is necessary to “conjure up” the original.

Fair Use 96

Fair Use Copying Television Social Media 96

IP and Legal Filings

DECEMBER 22, 2021

speaks about the Copy and Translation of the Earlier Application. In India, under Rule 20 of Indian Patent Rules 2003, the translation requirement is specified if the application is not in English. Even in the PCT Rule 66 which talks about the Procedure before the International Preliminary Examining Authority, Rule 66.7

Patent 79

Patent Contracts Patent Application Invention 79

Copyright Lately

MAY 1, 2023

The comments from Michael Nash quoted above really only speak to the input phase, during which audio recordings are copied to a dataset that’s then used to train a voice model. It isn’t human-readable and does not contain copies of any audio recordings. No wonder I’m getting flashbacks to 2003. Ciccone , 824 F.3d

Music 87

Music Copyright Copying Copyright Law 87

The IPKat

NOVEMBER 20, 2022

In a time when the internet existed but the main income of artists and performers was still from selling " copies " of their albums, records, episodes and concerts, he probably would not have even been able to contemplate the existence of a " streaming service " that might change the rules just a few years later.

Music 52

Music IP Licensing Copyright 52

SpicyIP

MARCH 21, 2024

The Department for Promotion of Industry and Internal Trade (DPIIT), under which the Patent Office functions, has published for consultation a set of proposed amendments to the Patent Rules, 2003. Two of the provisions slated to be amended have a direct impact on the quality of patents granted by the Patent Office.

Patent 52

Patent Patent Application Government Reporting 52

LexBlog IP

DECEMBER 2, 2021

Johannsongs-Publishing claimed that You Raise Me Up, which was written by Rolf Lovland and Brendan Graham and released in 2001 by Secret Garden and later by Josh Groban in 2003 infringed on its rights in Soknodur. Rather, the defendants focused their attack by claiming there was no triable issue as to the element of copying.

Copyright Infringement 52

Copyright Infringement Copyright Art Copying 52

LexBlog IP

DECEMBER 7, 2022

Set against a brief historical backdrop of “banana-centric art,” Judge Scola observed that, “to ultimately succeed on his claim of copyright infringement, Morford must establish ‘(1) ownership of a valid copyright, and (2) copying of constituent elements of the work that are original.’” ” [21]. .”

Copyright 52

Copyright Copying Artwork Art 52

SpicyIP

APRIL 5, 2024

Additionally, in the context of providing copies of the recommendations to the parties, the Court also held that the passing of the order by the Controller under Section 25(4) of the Patents Act, 1970 must adhere to the principles of natural justice.

Reporting 59

Reporting Patent Intellectual Property Designs 59

IIPRD

AUGUST 11, 2023

The Dojinshi artist works within the set boundary which makes their work not a mere copy but a parody and lets the consumer explore their fantasies through the world created by the author. Leo Burnett (India) Private Limited (2003) 27 PTC 81 The post IP Issues in The World of Japanese Sequential Art – Manga first appeared on IIPRD.

Art 52

Art IP Intellectual Property Copyright 52

Patently-O

SEPTEMBER 17, 2023

418 (2003). The appellate court explained that, while labeling a copy does not avoid design patent infringement, logos still factor into the holistic comparison of the claimed and accused design appearances. For trademark infringement under the Lanham Act, likelihood of consumer confusion is a key requirement. Moseley v. 3d 1119 (Fed.

Design Patent 70

Design Patent Patent Infringement Designs Design 70

IIPRD

OCTOBER 17, 2022

As recently in 2022 Hermès, a fashion house sued Manson an NFT (non-fungible token) creator for trademark infringement who marketed a digital asset called “Metabirkins”, which was a digital copy of a bag created by Hermès, which sold at many high prices. This can a lesson for the companies interested in the metaverse.

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

IIPRD

JUNE 29, 2022

Design Rights: By registering their product designs, they can prevent third parties from copying the original and new, aesthetic, or ornamental components of their creations. Sword strategy: The brand uses its intellectual properties as “weapons,” attacking anyone who tries to copy or infringe on their protected assets in any way.

Intellectual Property 98

Intellectual Property Branding Brands Branding 98

LexBlog IP

JUNE 28, 2022

Provide the employee a copy of the noncompete agreement not less than 3 business days before the agreement is to be signed. An employer who requires a potential employee to execute a noncompete agreement must provide a copy of the agreement to the potential employee prior to the employee’s acceptance of an offer for employment.

Confidentiality 52

Confidentiality Business Government Intellectual Property 52

IP Whiteboard

JULY 19, 2021

Palmer – seemingly inspired by the use of the Song in Donald Trump’s 2016 presidential campaign and Arnold Schwarzenegger’s 2003 gubernatorial campaign – sought to use a cover version of the Song for the United Australia Party’s ( UAP’s ) campaign. The impetus for this case was the 2019 Australian federal election. 10] Facton at [36]. [11]

Copyright Infringement 40

Copyright Infringement Copyright Music Publishing 40

The IPKat

MARCH 13, 2022

Comment Read in combination with Article 5(5), Article 5(3)(d) of the InfoSoc Directive, from which Article 70 of the Italian Copyright Act is derived in its current wording, permits quotations for purposes such as (but not limited to) criticism or review insofar as a number of cumulative conditions are satisfied.

Copyright Law 103

Copyright Law Copyright Law Artwork 103

Copyright Lately

DECEMBER 4, 2023

The Supreme Court hasn’t ruled on the precise question, although in 2003, Justice Scalia, writing for the Supreme Court in Dastar Corp. A few years ago, Disney began using a clip of early Mickey in the intro of its films, presumably to bolster its trademark rights.

Public Domain 120

Public Domain Music Copyright Publishing 120

43(B)log

FEBRUARY 22, 2021

Would also be interested in what the cultural norms are: are there anti-copying/divergence expectations? Breitbart, involving an embedded tweet containing a photo copied w/o permission from Snapchat. Normally putting a copy online with permission doesn’t make it freely copiable. A: But the Ds here aren’t copying!

Copyright 40

Copyright Art Copying Editing 40

LexBlog IP

FEBRUARY 28, 2022

Also in its amended opinion, in light of the Supreme Court’s decision in Google , the court placed newfound emphasis on the consideration of the “public benefits” the copying will likely produce as part of its analysis of the fourth fair use factor—the effect of the use on the market for the original. 24] Prince. N*E*W* S [Album].

Fair Use 97

Fair Use Derivative Work Art Licensing 97

43(B)log

AUGUST 5, 2021

Industry pushed very hard against cheap copying, and yet as of 2019 there were only 538 registrations in 20 years versus hundreds of thousands of utility patents. Was more heavily used 1999-2003. The paradox of getting your way and finding it unsatisfying. Examples: Vessel Hull Design Protection Act. independent invention).

IP 45

IP Invention Designs Design 45

IIPRD

JANUARY 29, 2023

8] Line between Copying and Inspiration Recently, VTuber Pekora’s look-alike was seen in an animated series without any consent from the creator or the company. [9] This helps the Virtual Character survive even if the original person handling the account leaves the character. 10] Nichols v Universal Pictures Co, 45 F.2d 2d 119 (2d Cir.

IP 52

IP Artwork Contracts Intellectual Property 52