The IPKat

DECEMBER 14, 2023

The company was found liable for copyright infringement and breach of contract for using the actor’s photographs picture for advertisements between December 2014 and April 2015 without getting his permission or authorization. The photographer, Esther Umoh called this person out for copyright infringement on social media platform “X”.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

Plagiarism Today

DECEMBER 1, 2022

This combination, as we discussed in this retrospective, has been around since at least 2004 , spearheaded by the then-popular Article Bot software. What rights do creators have when, without their work, the new creation could not exist, but it’s not similar enough to the original to be a direct copyright infringement?

Copyright Notice 248

Copyright Notice Plagiarism Reporting Copyright 248

Canadian Intellectual Property Blog

OCTOBER 13, 2021

the defendants, for copyright infringement. In 2004, Mr. Hendley wrote and published a book called The Black Donnellys: The Outrageous Tale of Canada’s Deadliest Feud (the “ Outrageous Tale ”) , which cited The Black Donnellys as authority for many of the historical events detailed in the book.

Copyright 52

Copyright Copyright Infringement Publishing Intellectual Property 52

TorrentFreak

FEBRUARY 27, 2023

Sony Sends in the Lawyers When Sony released the PSP in 2004, the race to run ‘homebrew’ software on the PSP also began. Gaming giant sony responded with a copyright infringement lawsuit targeting two companies and a director connected to the Datel products.

Copyright 125

Copyright Copying Art Copyright Infringement 125

LexBlog IP

JUNE 26, 2023

It began selling its uniquely decorative “weathered-teak” furniture to exclusive retailers in 2004. JSC filed suit for copyright infringement, trade dress infringement, and unfair competition. JSC designs high-end furniture hand-crafted by woodworkers in Indonesia.

Copying 52

Copying Social Media Designs Design 52

Kluwer Copyright Blog

FEBRUARY 24, 2023

The Störerhaftung is the basis, in particular, for claims to compel access providers or other intermediaries to bring an end to copyright infringements. In Störerhaftung des Registrars , the BGH ruled for the first time on the responsibility of a domain registrar to bring an end to a copyright infringement.

Copyright 52

Copyright Law Due Diligence Copyright Infringement 52

SpicyIP

AUGUST 8, 2023

The second was filed by the plaintiff to restrain the defendant from committing trademark/copyright infringement and passing off with respect to the mark ‘MODERN’.

Trademark 98

Trademark Registration Advertising Advertising 98

Kashishipr

SEPTEMBER 20, 2021

The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High Court, alleging Copyright and Trademark Infringement. SSPL was incorporated in 2004. Under Section 2(c) of The Copyright Act of 1957 , the label is an original artistic work. Plaintiff’s Arguments.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

IPilogue

NOVEMBER 11, 2021

And like McClenaghan’s fictional account of militant pursuit, the history of tension between copyright and user rights has been a tale of survival on the part of both. . The Court refers to it more specifically as a “user’s right”.

Fair Use 110

Fair Use Copyright Law Copyright Intellectual Property 110

The IPKat

SEPTEMBER 24, 2021

The Court of Appeal’s considerations The Court of Appeal adopted the 2 issues for determination submitted by the Appellant, which related to: appropriate defendant in photography-related copyright infringement cases and image rights cases (i.e. In light of all the above, the Court of Appeal dismissed the appeal.

Ownership 91

Ownership Artistic Work Contracts Copyright 91

Kluwer Copyright Blog

JANUARY 31, 2023

Therefore, case law plays a huge role in ensuring the establishment of a fair and balanced liability regime, in particular as concerns the issue of (indirect) liability for internet service providers and other intermediaries whose services are used to commit copyright infringements.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

The IPKat

NOVEMBER 22, 2022

The IPKat is pleased to host the following post by former GuestKat Jan Jacobi , analyzing the recently released Opinion of Advocate General (AG) Rantos in Castorama Polska, C-628/21, a referral for a preliminary ruling from Poland asking about the correct interpretation of the right to information under the Enforcement Directive 2004/48.

IP 52

IP Intellectual Property Copyright Ownership 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

In theory, 512(f) makes copyright owners do their homework and think carefully before they weaponize a copyright takedown notice. 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. A New 512(f) Plaintiff Win!

Registration 111

Registration Fair Use Copyright Designs 111

Kluwer Copyright Blog

MARCH 18, 2024

Remedies under copyright law In Germany, in the case of copyright infringements, claims for injunctive relief and damages may be asserted under Section 97(1) and (2) UrhG. The German provisions are in line with the relevant provisions in the EU Enforcement Directive (2004/48). in P2P networks) at EUR 1,000.

Law 64

Law Copyright Law Copyright Contracts 64

IIPRD

NOVEMBER 14, 2023

28, 2024, 8:29 am), [link] International Comparison of Approaches to Online Copyright Infringement: Final Report, Intellectual Property Office of United Kingdoms 2015, (Oct. 21] Intellectual Property Rights Enforcement Directive, 2004/48/EC. [22] 26, 2023, 11:00 AM), [link]. 21, Acts of Parliament, 2000 (India). Amazon.com, Inc.,

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

The IPKat

DECEMBER 13, 2022

Also in April, a popular Nigerian musician, Veno Marioghae Mbanefo decided to request the Nigerian Copyright Commission (NCC) to use its investigative and prosecutorial powers to investigate and possibly prosecute Airtel Network Limited for copyright infringement. Some consideration of those issues here.

Copyright 120

Copyright IP Music Ownership 120

TorrentFreak

MARCH 13, 2023

MVL Film Finance LLC Targets Google When MVL Film Finance LLC (MVL) was incorporated in 2004/5, its purpose was to finance Marvel Studios’ production of 10 “live-action or animated films” based on up to 10 of Marvel’s comic book characters.

Editing 93

Editing Copyright Copyright Notice Copyright Infringement 93

Michael Geist

FEBRUARY 21, 2023

Access Copyright’s timing is off – the Supreme Court’s 2012 decision came two weeks after the 2012 legislative reforms received royal assent – but it is right that the Canada’s highest court has consistently supported a large and liberal approach for fair dealing. The caselaw on Canadian copyright is unequivocal.

Copyright 54

Copyright Licensing Higher Education Fair Use 54

The IPKat

NOVEMBER 20, 2022

When he was inducted into the Rock and Roll Hall of Fame in 2004, Prince said, " When I first started out in the music industry, I was most concerned with freedom. From the perspective of a national court, TPB operators would therefore be primarily liable for copyright infringement.

Music 52

Music IP Licensing Copyright 52

Copyright Lately

MAY 17, 2021

And putting aside its pure entertainment value, the sketch also raises some interesting questions about just how much of an original work may be taken before parodic fair use crosses the line into copyright infringement. Kermit the Frog and Robert De Niro on SNL (2004). Jason Segel and the Muppets on SNL (2011).

Fair Use 95

Fair Use Copying Television Social Media 95

Kluwer Copyright Blog

DECEMBER 28, 2021

In the light of the above-mentioned results, gathered through the submission of the questionnaire and the examination of relevant studies on the national remedies against copyright infringement and the related national case-law (for instance see Campus, G. and Bulayenko, O.,

Reporting 52

Reporting Publishing Intellectual Property Intellectual Property Law 52

The IPKat

SEPTEMBER 14, 2022

Goold believes the Digital Revolution similarly entails novel risks of accidents, here: accidental patent or copyright infringement (in the book and this review, references to 'IP' should be read as to these two species). patent law it has been accepted since the 2006 decision in eBay v. MercExchange.

IP 91

IP Intellectual Property Patent Law Technology 91

IIPRD

JUNE 29, 2022

According to statistics, Louis Vuitton counterfeits accounted for 18% of all counterfeit items seized in the European Union in 2004! ” The Louis Vuitton executives were not pleased, and they filed a lawsuit for copyright infringement and trademark dilution.

Intellectual Property 98

Intellectual Property Branding Brands Branding 98

The IPKat

NOVEMBER 27, 2023

The judge found trade mark infringement (of both the logo with and without the word “LIDL”), passing-off and copyright infringement. On trade mark infringement, Lidl prevailed on 10(3) infringement – unfair advantage and detriment to distinctive character – having not even dared to argue a likelihood of confusion.

Editing 70

Editing Registration Branding Brands 70

The IPKat

JUNE 23, 2022

The Claimant Heitec adopted its name as early as 1991, the Defendant Heitech in around 2004. A claim for copyright infringement and passing off was issued in December 2019. Retromark rarely strays into copyright, but that was the main basis of Shazam’s successful claim. Under EU law, no, says the CJEU.

Branding 73

Branding Brands Branding Litigation 73

Kluwer Copyright Blog

NOVEMBER 24, 2021

In Germany, in the case of copyright infringements, Section 97(1) and (2) UrhG provides for claims to be asserted for injunctive relief and damages. The German provisions are based on the relevant provisions in the EU Enforcement Directive (2004/48). From a copyright law perspective, this would mean every copyright infringement.

Contracts 98

Contracts Copyright Law Cease and Desist 98

IP Whiteboard

APRIL 15, 2021

4] The Court also granted partial summary judgment in respect of the copyright claim, [5] determining that the Mail Articles had indeed infringed upon the Duchess’ copyright. [6] 6] Despite this overall decision in respect of copyright infringement, the Court left one copyright issue to be fixed for determination at trial.

Privacy 40

Privacy Copyright Publishing Law 40

Technology & Marketing Law Blog

JULY 25, 2022

In so holding, the Ninth Circuit created (or widened) a circuit split with the Second Circuit, which previously held that even under the discovery rule, damages for copyright infringement are limited to “a three-year lookback period from the time a suit is filed.” Scholastic, Inc. , 3d 39, 52 (2d Cir. Scholastic, Inc. , 3d 39 (2d Cir.

Blogging 85

Blogging Copyright Licensing Copyright Infringement 85

TorrentFreak

DECEMBER 31, 2022

Adblocking Does Not Constitute Copyright Infringement. In January, Axel Springer lost its copyright infringement lawsuit against Eyeo GmbH, the company behind Adblock Plus. With this 2004 message, the movie industry hoped to turn illegal downloaders into paying customers. — 10. So why are you pirating?

Copying 120

Copying Publishing Copyright Infringement Copyright 120

IP and Legal Filings

MAY 3, 2023

University Tutorial Press was sued by the plaintiff, University of London Press, for copyright infringement. 5] Appeal (civil) 6472 of 2004. [6] 6] [2004] 1 SCR 339. [7] 8] 2011(47) PTC 494(Del) Facebook Twitter LinkedIn WhatsApp The post Evolution of Tests of Creativity in Copyrights first appeared on IPLF.

Copyright 90

Copyright Public Domain Copying Publishing 90

Copyright Lately

OCTOBER 25, 2021

But Lewis thought the song was a rip-off of “I Want a New Drug” and asserted a copyright infringement claim against Columbia Pictures. ” In 2004, video game publisher Capcom contacted MKR, the film’s producer, to inquire about about obtaining a license to use elements from the film in one of its games.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

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.

Copyright 100

Copyright Copying Copyright Infringement Licensing 100

Michael Geist

AUGUST 5, 2021

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. Yet Access Copyright has returned to its longstanding playbook of downplaying Supreme Court decisions and misleading its own members in the process.

Copyright 145

Copyright Copying Licensing Litigation 145

SpicyIP

JUNE 30, 2023

Shemaroo entered into assignment deeds with the producers and owners of the suit films between 2004-2016, acquiring sole, exclusive and absolute ownership of all the vested copyrights. Background The parties in the case are Shemaroo entertainment company (Plaintiff), SCIPL (Defendant no. 1), B4U Broadband (India) Pvt. Defendant no.

Cease and Desist 98

Cease and Desist Ownership Copyright Publishing 98

Michael Geist

JULY 20, 2022

The Copyright Act uses various tools to achieve this balance. Fair dealing, for example, promotes this balance by allowing “users to engage in some activities that might otherwise amount to copyright infringement”: Bell, at para. 11; see also Access Copyright, at para. 339, at para.

Copyright Law 137

Copyright Law Copyright Law Music 137

Technology & Marketing Law Blog

JANUARY 27, 2022

Courts in the Second Circuit keep indicating that various forms of linking may constitute copyright infringement. Before that, John Ottaviani and I assembled lists of top Internet IP cases for 2005 , 2004 and 2003. ” The Fifth Circuit : “That’s great!” ” The embedding cases (e.g.,

Social Media 125

Social Media Law Privacy Government 125