IP Whiteboard

AUGUST 30, 2020

From some general Google searching, it seems common for people to download pictures of works they like and bring them to their tattooist to copy. According to Dr Marie Hadley from University of Newcastle: My unpublished research among tattooists in New Zealand suggests there can be a lot of pressure from clients to copy existing images. “I

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

LexBlog IP

DECEMBER 23, 2021

The Federal Trademark Dilution Act of 1996, which was substantially revised by the Trademark Dilution Revision Act of 2006, addresses trademark dilution, including dilution by tarnishment and dilution by blurring. .” Jack in the Box claims that FTX’s Moon Man constitutes, among other things, trademark dilution.

Trademark 52

Trademark Advertising Advertising Copying 52

LexBlog IP

FEBRUARY 28, 2022

precisely replicat[ing] a copyrighted advertising logo to make a comment about consumerism’ (such as Warhol’s well-known depictions of Campbell’s soup cans), which ‘might. 17] Accordingly, when the Warhol Foundation petitioned the Second Circuit for rehearing following the Google decision, the Second Circuit agreed to reconsider the case.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

Biswajit Sarkar Copyright Blog

AUGUST 30, 2023

Counterfeiting and Customs Rules: The term ‘counterfeiting’ means copying or imitating something with the intention of deceiving. The adverse effects of counterfeiting are severe for the world economy. Counterfeiting undermines the creativity of the original creator and facilitates a parallel economy.

Trademark 52

Trademark Intellectual Property Business Branding 52

The IPKat

JUNE 23, 2022

Regulations 2006/1028 which provide for the consideration of moral prejudice in assessing damages, noting that the case law on its meaning “remains sparse”. Predictably, these third parties made available watch faces copied from watches made by others including the Swatch group of companies (which owns brands like Tisso, Omega and Breguet).

Branding 73

Branding Brands Branding Litigation 73

IP and Legal Filings

JANUARY 22, 2024

Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings. Secure Distribution is a means of distributing digital content using encrypted codes which prohibit copying and limits the number of devices a product can be accessed from.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

43(B)log

AUGUST 18, 2021

were valid and infringed, but the latter wasn’t counterfeited; SMRI’s dilution victory was vacated, but not its victories on deceptive trade practices, ACPA, false advertising, and unfair competition. SMRI ultimately sent one C&D in August 2006, and filed suit in June 2011. Here the court considers acquiescence and laches.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

Copyright Lately

OCTOBER 25, 2021

As the story goes, they provided him with a copy of a few scenes from “Ghostbusters” in which the theme would appear. You can judge for yourself by downloading a copy of “Jap Herron” here. This prompted a lawsuit by Don Post Studios, which asserted that the Cinema Secrets mask was a copy of its own mask.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

LexBlog IP

JULY 5, 2022

In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] The term of a copyright for a particular work may depends on certain factors such as whether it has been published, and, if so, the date of first publication. [2] Perrier Group of America, Inc. , 3d 114, 118 (2d Cir.

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

Above the Fold

JULY 5, 2022

In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] The term of a copyright for a particular work may depends on certain factors such as whether it has been published, and, if so, the date of first publication. [2] Perrier Group of America, Inc. , 3d 114, 118 (2d Cir.

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

LexBlog IP

NOVEMBER 30, 2022

Meredith Corporation : In one case, the alleged infringement involved the copying of approximately 170 recipes, which were accompanied by “much other instructive and valuable matter and information for household and family purposes.” Since 2006, a third prime time game has also been played on Thanksgiving. ” Id.

IP 52

IP Intellectual Property Fair Use Trademark 52

IP and Legal Filings

DECEMBER 6, 2023

the Apex Court held that one of the inherent aspects of the right to privacy as enshrined under Article 21 of the Constitution is the right to prevent others from using the person’s name or likeness without his consent for advertising or non-advertising purposes. 2006 QB 125 : (2005) 3 WLR 881 : 2005 EWCA Civ 595.

Privacy 96

Privacy Intellectual Property Law Intellectual Property Advertising 96

Kluwer Copyright Blog

NOVEMBER 17, 2021

3] Following that, authorship has been assumed, in a number of court proceedings, in favour of the person who has been identified as the author in the customary way on a copy of a published work or on the original of the work of applied art. The plaintiff was selling, via his website, collectable teddy bears under the name “CT-Paradies”.

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52

43(B)log

FEBRUARY 23, 2024

Sears/Compco said there was a right to copy things in the public domain; how did that go away? Google fought for keyword advertising but couldn’t win that today. What if we could read that part of the opinion in ways that were less awful? But somehow there’s a big change between Sears/Compco and Taco Cabana. But they can’t.

Trademark 45

Trademark Law Branding Brands 45

43(B)log

AUGUST 11, 2021

Significant rise in substantial similarity litigation starting in 2006—tripled. Share of 9 th Circuit opinions also exploded in 2006. Courts don’t do really prong one beyond assessing access (not independently assessing copying). Asay, An Empirical Study of Copyright Law’s Substantial Similarity Test 1005 cases found.

Trademark 72

Trademark Copyright Branding Brands 72