Technology & Marketing Law Blog

DECEMBER 15, 2021

A refresher: in 1998, Congress created a notice-and-takedown scheme for user-submitted items that allegedly infringe copyright. Copyright owners send takedown notices, and service providers either remove the items or lose the safe harbor. The DMCA’s main counterbalance to copyright owner overreach was supposed to be 512(f).

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Registration Fair Use Copyright Designs 111

The TTABlog

MARCH 20, 2023

referred to as the "Ridge Designs"). In other words, the issue is whether the designs of both safety helmets work better in the configurations at issue. As to the second factor, there was no evidence of advertising touting the utilitarian benefits of the Ridge Designs. In re Morton-Norwich Prods.,

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Registration Advertising Advertising Designs 68

The IPKat

JANUARY 31, 2022

Under article 8(1) of the Enforcement Directive (Directive 2004/48/EC) a claimant in infringement proceedings can request a court to order certain parties to disclose information. The defendants (Castorama Polska and Knor) are accused of infringing the copyrights of the claimant (a company called TB). One image is depicted below.

Intellectual Property 97

Intellectual Property Cease and Desist IP Copyright 97

IIPRD

NOVEMBER 14, 2023

Musical Arts, designs, pictures, software, material, and many other sorts of Intellectual Property can be transferred using an e-commerce platform in the digital age. There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. 26, 2023, 11:00 AM), [link].

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Intellectual Property Due Diligence Journalism IP 59

Intepat

APRIL 19, 2023

SCOPE OF PROTECTION UNDER COPYRIGHT LAW The Copyright Act, of 1957 defines “ literary work ” under section 2(o), to include computer programs, tables and compilations including computer databases. Copyright can protect certain kinds of CRIs, mainly computer software inventions.

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Invention Intellectual Property Patent Copyright 52

IIPRD

JANUARY 29, 2023

The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. 3] The legal pitfall people ignore is the lack of clear communication over the copyrights of the character. 4] Andrew L. 2d 119 (2d Cir.

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IP Artwork Contracts Intellectual Property 52

Fish & Richardson Trademark & Copyright Thoughts

MAY 10, 2022

Carson Design & Mfg., Plaintiff Schwab-Vollhaber-Lubratt (“SVL”) sued Defendants Carson Design and Manufacturing and Midwest Mechanical Supply alleging infringement of certain SVL patents. This summary includes discovery relevant to willfulness findings, stays under the customer suit exception, and preliminary injunctions.

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IP and Legal Filings

MAY 3, 2023

Introduction Originality in copyright works is the sine qua non of all the copyright regimes of the world. Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. Yet the Act does not define what “original” clearly means.

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Copyright Public Domain Copying Publishing 90

Michael Geist

AUGUST 5, 2021

Last week’s Supreme Court of Canada copyright decision in Access Copyright v. York University has unsurprisingly been applauded by the education community, which having faced years of litigation launched by the copyright collective, now finds its position vindicated.

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Copyright Copying Licensing Litigation 145

Copyright Lately

OCTOBER 25, 2021

Here are some of the greatest copyright horror stories, featuring such classics as “Nightmare on Elm Street,” “Halloween,” “Dracula,” “Ghostbusters” and … a creepy McDonalds character? You can judge for yourself by downloading a copy of “Jap Herron” here.

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Copyright Cinema Copying Copyright Infringement 144

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. German copyright law stipulates that the author is entitled to appropriate remuneration for every use of their work (Section 32 UrhG). These provisions served as, among other things, models for Articles 18 and 20 in the new DSM Copyright Directive (2019/790).

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Contracts Copyright Law Cease and Desist 98

Michael Geist

AUGUST 3, 2021

” The decision removes any doubt that the Supreme Court remains strongly supportive of user’s rights in copyright and vindicates years of educational policy in shifting away from Access Copyright toward alternative means of ensuring compliance with copyright law.

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Copyright Copying Copyright Infringement Licensing 100

IP and Legal Filings

JANUARY 30, 2023

It will enable the metaverse to run smoothly without any brand abusing and illegal copying of the existing IP owners. Types of IPR Basically, there are four types of IPR Patent Trademarks Copyrights Trademark and Metaverse Trademark is the visual symbol that differentiate between trademarked goods and services from each other.

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Intellectual Property Non-Fungible Tokens Trademark Copyright 89

43(B)log

AUGUST 4, 2021

Conventional wisdom: Incoherent mess; regimes generally unrelated to each other, primarily products of industry lobbying, little meaningful institutional design, anachronistic like jukebox compulsory licensing fees. Kylie Pappalardo, Copyright licensing and distribution in Australia’s screen industries Pop.

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Copyright Licensing Fair Use Contracts 45

SpicyIP

FEBRUARY 12, 2024

Other Posts A Case of ‘Smart Copying’: ‘Peace Maker’ Restrained from Imitating ‘Officer’s Choice’ image from here Do you enjoy your whiskey? Ttk Prestige Ltd vs Arjun Ram & Anr on 31 January, 2024 (Delhi High Court) The plaintiff had filed a design and trade dress infringement suit against the defendant for its brand ‘Prestige’.

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Trademark Social Media Registering Trademarks Copyright 103

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. Note that FDA still has not designated any biosimilar as interchangeable to its reference product. As noted above, companies are already taking advantage of these new designations. Introduction. Federal Legislation.

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Settlement Litigation Marketing Marketing 52

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

There’s also a copyright claim for Luxy copying the plaintiff’s TOS/privacy policy. The court recounts the perennially problematic Brookfield case and how the 2004 Playboy v. This is a topic I used as a sample exam idea in the 1990s). ” (How about this: let’s not).

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Advertising Advertising Trademark Settlement 98