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Ninth Circuit Concludes Direct Copying Can Be Evidence of “Secondary Meaning” for Trade Dress Infringement 

LexBlog IP

. (“JSC”) against Trendily Furniture, LLC, Trendily Home Collection, and Raul Malhotra (collectively, “Trendily”) finding Trendily liable for trade dress infringement for willfully copying, manufacturing, and selling identical JSC furniture pieces. Trade dress is not intrinsically protectable. Trendily appealed.

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Central Role of IP and Marketing in Business Design

azrights

This is one of the many misconceptions about IP that I’ve noticed since starting my business in 2004. It frustrates me that people turn to me when they’re copied, assuming this is the kind of work I’m engaged in doing, when they’ve never consulted me before about their IP. There was no real marketing or business guidance.

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Historical Fake News?: Winkler v Hendley

IPilogue

In 2004, Nate Hendley and James Lorimer & Company Ltd, the defendants, released The Black Donnellys: The Outrageous Tale of Canada’s Deadliest Feud. This decision protects individuals from being misled by effective marketing. However, the judge ruled against the defendant, as the infringement was flagrant and exceptional.

Copyright 112
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Announcing the 2021 Edition of My Internet Law Casebook

Technology & Marketing Law Blog

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. Weis Markets. eBay (2d Cir.).

Editing 145
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Sony vs. Datel: Game Cheat Copyright Questions Referred to EU’s Top Court

TorrentFreak

The company’s Action Replay range battled against Codemasters’ Game Genie, with the latter eventually backing out of the market. Sony Sends in the Lawyers When Sony released the PSP in 2004, the race to run ‘homebrew’ software on the PSP also began. Does a revision exist within the meaning of Art.

Copyright 120
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5th Cir affirms fair use on a motion to dismiss, fee award to D

43(B)log

Bell continues to market his 1982 72-page book, and also sells merchandise, “including t-shirts and posters that display the passage that was quoted in the tweets.” If that were all, copying the WIN Passage would be qualitatively significant. Effect on the market: Harm was implausible. NXIVM Corp. Ross Institute, 364 F.3d

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Bombay High Court Rules that Copyright Registration of a Label is not Compulsory

Kashishipr

SSPL was incorporated in 2004. When SSPL was incorporated in 2004, SK Oil Industries had assigned it the label’s copyright. Since then, it has been continuously used and has even acquired reputation and goodwill in the market. Plaintiff’s Arguments. It is also the successor of SK Oil Industries.