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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.

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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. Network Automation v. eBay (2d Cir.).

Editing 145
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[Guest Post] Nigerian's new Copyright Act 2022: how libraries can benefit

The IPKat

The Act introduces a new vista in Nigerian copyright law as it repeals the Copyright Act 2004. Selected key innovations of the Copyright Act 2022 The official copy of the Copyright Act 2022 will be published in due course in the Official Gazette. Pending publication, the pre-assent copy of the Act can be accessed here.

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

43(B)log

Anyway, Bell goes around suing unauthorized users of the passage, mostly public schools or nonprofits that publish the passage on social media. If that were all, copying the WIN Passage would be qualitatively significant. Not for nothing, the Second Circuit has wisely rejected assessing factor three by counting registrations.

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Why SNL’s “Muppets” Parody Had Even the Media Fooled

Copyright Lately

Nevertheless, almost immediately after the sketch aired on the East Coast, a number of Muppets fans began to weigh in on social media, wondering if they had just seen an authorized (albeit unconventional) appearance by Kermit and Co. Kermit the Frog and Robert De Niro on SNL (2004). Jason Segel and the Muppets on SNL (2011).

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Covid-19 Act gives government more options in proceeding against supplement seller

43(B)log

Since early 2020, Defendant Nepute and Quickwork have used several platforms, including social media, emails, and radio, to tout the purported benefits of Vitamin D and zinc and to promote Wellness Warrior supplements. ” Since 2004, she worked as a high school teacher at a homeschool co-op in Michigan.

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A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

In 2004, the Ninth Circuit eviscerated it (in the Rossi case) by requiring plaintiffs to show that senders subjectively believed their takedown notices were abusive. Diebold from 2004, which led to a $125k damages award. As I’ve blogged many, many times on this blog (see list below), 512(f) has been a complete failure.