IPilogue

OCTOBER 4, 2021

Photocopying classroom materials in a K-12 public school system may have seemed harmless and benign before the 2012 Supreme Court of Canada case, Alberta v Canadian Copyright Licensing Agency (Access Copyright). The landmark 2004 SCC case, CCH Canadian Ltd. What constitutes “ fair ” dealing?

Copyright 131

Copyright Copying Fair Use Editing 131

IPilogue

MARCH 16, 2023

Certification marks are a type of trademark that can be licensed to manufacturers as an indication to consumers that its products meet the owner’s defined standard. In the case of mixtures, cow’s milk is also allowed.” Common examples of certification marks include VQA for Ontario wine, Wi-Fi , and 100% Canadian Dairy.

Trademark 106

Trademark Contracts Licensing Law 106

IPilogue

OCTOBER 26, 2022

The Italian Code , which came into effect in 2004 and was updated in 2016, operates independently from copyright law. In April 2022 , Uffizi sent a cease-and-desist in response to Jean Paul Gaultier’s current use of the Birth of Venus , but the fashion brand never replied and continued its unauthorized use. .

Social Media 120

Social Media Cease and Desist Public Domain Artwork 120

Patently-O

SEPTEMBER 24, 2023

In defending its actions, Siemens argued that the Microsoft.NET license provided a complete shield. License is an affirmative defense to patent infringement and so the defendant typically has the burden of presenting and proving the elements. On appeal, the Federal Circuit affirmed. The case arose in N.D. 3d 809 (7th Cir.

Settlement 92

Settlement Licensing Privacy Business 92

LexBlog IP

MARCH 24, 2022

Unfortunately for patients of Eastern Ozarks Regional Medical System (Eastern Ozarks), it appears from a complaint filed against it by the Arkansas Attorney General (AG) that it did not properly dispose of medical records when it closed its doors in 2004.

Business 40

Business Privacy Confidentiality Licensing 40

Indiana Intellectual Property Law

AUGUST 6, 2021

Evansville, Indiana – In 2004, the Coca-Cola Company launched its Full Throttle® energy drink brand, which was later apparently acquired by Monster Beverage Company (“Monster”) in 2015. Energy also claims it has used a distinctive trade dress on its Full Throttle® products since 2004. Registration Nos.

Cease and Desist 52

Cease and Desist Trademark Branding Brands 52

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. There was a time when the biggest concern of artists struggling with the machinations of the music industry was " just " the impossibility of being creatively free.

Music 52

Music IP Licensing Copyright 52

The IPKat

SEPTEMBER 15, 2022

This, in turn, brings on such market failures as excessive royalties or unjustified refusal to license a patent. For instance, they may interfere with the incentive to innovate, as a prospective compulsory license weighing over an invention would discourage potential investors.

Licensing 76

Licensing Art Marketing Marketing 76

The IPKat

DECEMBER 17, 2022

Hasco asserted a likelihood of confusion with its earlier national Polish trade mark ‘NATURKAPS’, filed on 9 November 2000 and registered on 10 September 2004 for ‘pharmaceutical products’ in class 5. Back then, Poland was not a Member State of the EU (it joined in 2004) and was therefore not bound by EU law.

Editing 128

Editing Art Law Licensing 128

Indiana Intellectual Property Law

MARCH 14, 2023

Starmark Cremation Products began in 2004 designing and marketing a small line of engineered cremation solutions. Vandor was established in 1972 by Bruce Elder in Richmond, Indiana. Vandor began by specializing in custom die-cutting of chipboard and corrugated fiberboard components.

Patent Infringement 40

Patent Infringement Social Media Patent Designs 40

Patently-O

JANUARY 19, 2024

Much of the party briefing on the assignment appeal issue was whether the ITC based its decision upon the 2004 assignment or upon the 2012 assignment. Originally, they seemed to rely on the 2012 agreement, and yet in the final decision, they seemed to approve the ALJ’s decision, which itself is unclear but seems to rely on 2004.

Inventor 67

Inventor Ownership Contracts Intellectual Property 67

The IPKat

MARCH 8, 2023

The defendant was aware of the plaintiff’s mark and asked the plaintiff in November 2004 if he would consider concluding a coexistence agreement. He refused the offer, proposing a license agreement instead. Picture is by Gundula Vogel and is used under licensing terms of Pixabay. The plaintiff did not respond.

Cease and Desist 124

Cease and Desist Art Licensing Registration 124

43(B)log

MARCH 1, 2022

Bell allegedly offers licenses for its use. Bell also alleged interference with his theoretical market for licensing tweets, but it was not plausible that there was a “traditional, reasonable, or likely to be developed market[]” for licensing tweets. “[D]espite NXIVM Corp. Ross Institute, 364 F.3d 3d 471 (2d Cir.

Fair Use 90

Fair Use Social Media Licensing Marketing 90

SpicyIP

MARCH 21, 2024

In 2004, as the deadline to comply with the WTO Agreement on Trade-Related Intellectual Property Rights (TRIPS) was drawing to a close, the United Progressive Alliance (UPA) government issued the Patent (Amendment) Ordinance, 2004 which deleted the existing pre-grant opposition mechanism.

Patent 52

Patent Patent Application Government Reporting 52

Michael Geist

FEBRUARY 21, 2023

In doing so, they have relied on a steady diet of misleading claims about the state of the law, the licensing practices of Canadian educational institutions, the importance (or lack thereof) of copying of materials in course packs, and the effects of fair dealing. The caselaw on Canadian copyright is unequivocal.

Copyright 54

Copyright Licensing Higher Education Fair Use 54

IPilogue

JULY 12, 2021

Not only did the Supreme Court of Canada hear the much-anticipated York University v Access Copyright appeal, an important case on the nature of copyright collective licensing and educational fair dealing, but it was also the Honourable Rosalie Silberman Abella’s final hearing as a Supreme Court Justice. v Teranet Inc.

Copyright Law 120

Copyright Law Copyright Law Music 120

IP and Legal Filings

NOVEMBER 23, 2023

Case Study 3 – Sourav Ganguly (7) The Court granted in a case for Sourav Ganguly relief by holding that his popularity constituted intellectual property in the form of a licensed innovation and, therefore, the sale of tea using his name without his consent amounted to a violation even though he was an employee of the defendant.

Intellectual Property 95

Intellectual Property Privacy Branding Brands 95

IP and Legal Filings

FEBRUARY 12, 2023

The allegation, against Microsoft was that they were refusing to license its software to Sun Microsystems while at the same time licensing to Sun’s competitors. REFERENCES [i] Mario Monti, European Commissioner for Competition Policy (January 2004). [ii] Precis The growing importance of innovation is indisputable. Liang and P.

Intellectual Property 52

Intellectual Property Law Intellectual Property Law Marketing 52

Fish & Richardson Trademark & Copyright Thoughts

APRIL 26, 2022

99-4876-JBS, 2004 WL 2851955 (D.N.J. The court found that § 287(a) applied to products made in accordance with a broad cross-license between plaintiff’s predecessor and its licensee IBM. 287 should end on November 8, 2004,’ the expiration of that covenant.” at *2 (citing Clancy Sys. Symbol Techs. 1170, 1174 (D. PSC, Inc. ,

Patent 52

Patent Licensing Patent Infringement Law 52

IIPRD

SEPTEMBER 30, 2021

Since 1993, IBM has been making some US$1 billion per year from licensing non?core billion through licensing R&D sharing, and Joint Ventures. core technologies, which otherwise would have remained ([link]. In Europe, 36% of patents are not used. In 2002, Korea exported technology worth US$0.6 of GDP in 1998 to 3.4%

IP 52

IP Licensing Intellectual Property Marketing 52

The IPKat

DECEMBER 14, 2023

January: The year kicked off in Tanzania with the news that the Parliamentary Standing Committee in Tanzania received a report from the Ministry of Culture, Arts and Sports addressing its efforts to review and improve the loopholes found in the Copyright Licensing and Rights to Benefit from Re-Sale Regulations, 2022. Katpost on that here.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

Technology & Marketing Law Blog

DECEMBER 15, 2021

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. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case.

Registration 111

Registration Fair Use Copyright Designs 111

The IPKat

SEPTEMBER 24, 2021

Noting the Respondent/Defendant’s evidence that the photographs in question were supplied to it by Virtual Media Network Limited (VMNL) in pursuance of a Channel License Agreement, the Federal High court further held that the Appellant/Plaintiff should have joined VMNL as a party to the suit. Image of camera: Unsplash.

Ownership 91

Ownership Artistic Work Contracts Copyright 91

IIPRD

OCTOBER 4, 2022

Starbucks and the EIPO also found middle ground through trademark licensing. Licensing of these Indian coffees can help small scattered Indian farmers earn sufficient income while also boosting the promotion of India varieties in the domestic and the international market without resorting to intercropping.

Intellectual Property 40

Intellectual Property Trademark Registration Licensing 40

The IPKat

JUNE 30, 2022

This creates tension with two rights provided under the Enforcement Directive ( Directive 2004/48 ), namely the right of compensation of damages as mentioned in article 13 and the right to be reimbursed legal costs as set out in article 14. Generic license.

Cease and Desist 89

Cease and Desist IP Law Licensing 89

The IPKat

SEPTEMBER 26, 2022

3518 [2022], Final, Administrative Division, Beijing, of Beijing High People’s Court ] The device trade mark at issue is shown below with the filing date of 22 September 2004 (No 4281333 in class 43 for, e.g., cafe, cafeteria, restaurant and bar. Image of Confucius: by the creative commons licenses. Registered on 14 March 2008).

IP 88

IP Marketing Marketing Business 88

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. This instance brings out certain questions when will the work be considered as commissioned, contract for service or implied license? 2d 119 (2d Cir.

IP 52

IP Artwork Contracts Intellectual Property 52

The IPKat

DECEMBER 11, 2023

The Court of Justice of the EU (CJEU) has held that all IP enforcement measures must satisfy the general obligations laid down in Article 3 of Directive 2004/48/EC (the Enforcement Directive), including proportionality (see, e.g., Tommy Hilfiger (2016), at 36).

Patent Law 70

Patent Law Law Patent Invention 70

The TTABlog

APRIL 6, 2022

Priority: Applicant ADOL proved that it first used the subject marks in the United States in April 2004. As in Moreno , the agreement the written agreement between Illyrian and GKS did not give Illyrian any ownership interest in the marks, but only a license permitting it to use the marks as the distributor of the brandy. ADOL Sh.p.k.

Ownership 52

Ownership Registration Trademark Contracts 52

Velocity of Content

JUNE 8, 2022

Having obtained film animation rights — a relatively new licensing concept at the time, but one which Disney Studios began frequently exploiting from the 1930’s on – Walt Disney and his studio release the famous animated film. Peter and the Starcatchers (2004 novel, the first in a series). Peter Pan” (1953 animated film).

Derivative Work 105

Derivative Work Public Domain Copyright Fair Use 105

The IPKat

SEPTEMBER 14, 2022

For Goold, that party is the IP owner, whom he believes will work harder towards "reaching a licensing deal ex ante" if it is no longer compensated in "a significant portion of accident cases" [p. 59], i.e. all cases where the infringer took reasonable care. patent law it has been accepted since the 2006 decision in eBay v. MercExchange.

IP 91

IP Intellectual Property Patent Law Technology 91

IP and Legal Filings

AUGUST 14, 2023

2] [image Sources: Shutterstock] When it comes to disagreements over IPR that occur across international borders, this type of dispute is treated the same way as contractual disagreements over the transfer and licensing of these rights are treated: as a tort that falls under general jurisdictional guidelines. [3]

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

Patent and Trademark Office, Lawrence has also assisted clients with patent due diligence, patent prosecution, and other non-litigation patent analysis, including IP licensing. She graduated from the University of New Hampshire in 2004 with a B.S. As a patent attorney registered to practice before the U.S. Liz received her J.D.

Intellectual Property 52

Intellectual Property Journalism Intellectual Property Law Litigation 52

43(B)log

FEBRUARY 17, 2022

Similar reasoning applied to statements about licensing a pending patent (application). But the court held that “the FAQs as a whole do not qualify or dispel the notion that Brenner was the one who discovered NR and that he did so in 2004.” for the control.” Elysium was entitled to summary judgment on falsity here.

Advertising 80

Advertising Advertising False Advertising Marketing 80

LexBlog IP

MARCH 28, 2022

PLM operated a hotel and resort in Bali under the trade name Viceroy, which was promoted in Australia from 2004. Mr Syrowatka was a Director and the General Manager, as well as a 22% shareholder in PT Lembah Maharaja ( PLM ). The opponent, Viceroy Cayman Limited ( Opponent ) took issue with the Application.

Ownership 52

Ownership Intellectual Property Content Creation Business 52

Herbert Smith Freehills

SEPTEMBER 10, 2021

Bill 3729/2004 was also approved by Congress, which creates more flexible and simpler processes for environmental licensing within Brazil. . Brazil also passed a gas law opening the LNG market to private companies, which faced criticism contending that using LNG to replace coal is not an effective strategy to reduce emissions.

Contracts 52

Contracts Government Law Marketing 52

Herbert Smith Freehills

SEPTEMBER 10, 2021

Bill 3729/2004 was also approved by Congress, which creates more flexible and simpler processes for environmental licensing within Brazil. . Brazil also passed a gas law opening the LNG market to private companies, which faced criticism contending that using LNG to replace coal is not an effective strategy to reduce emissions.

Contracts 52

Contracts Government Law Marketing 52