Plagiarism Today

AUGUST 17, 2021

Next up today, the BBC reports that Eurovision 2021 contestant James Newman has secured a major court victory against Kelly-Marie Smith, who claimed that a song Newman co-wrote in 2013 was an infringement of a 2006 track she wrote. According to the lawsuit, Smith penned a track named Can You Tell Me.

Reporting 130

Reporting Fair Use Plagiarism Licensing 130

Patently-O

APRIL 17, 2024

This case began back in 2006 when Crocs sued Double Diamond and others for patent infringement of Crocs’s design patents. Therefore, Dastar ‘s unaccredited copying did not constitute a false designation of origin actionable under § 43(a) of the Lanham Act. 1125(a)(1)(B) (Section 43 of the Lanham Act).

False Advertising 113

False Advertising Advertising Advertising Patent 113

IPilogue

JANUARY 17, 2022

The previously copyrighted works enter the public domain, free to use and copy. Though the expansion of the public domain is cause for celebration, the honey-loving bear was already freely available for use in Canada since 2006. Under the former legislation, Winnie the Pooh was to enter the public domain in 2006, 50 years following A.

Public Domain 106

Public Domain Intellectual Property Copyright Social Media 106

The TTABlog

SEPTEMBER 8, 2022

Andrusiek's "actual" trademark use on comic books did not begin until 2017, but from 2006 he used the term as the name of a character, which the Board accepted as use analogous to trademark use, leading to the award of priority to Andrusiek. Andrusiek's identical mark, for which he claimed prior use for comic books. Andrusiek v.

Registration 95

Registration Trademark Social Media Copying 95

Plagiarism Today

JUNE 27, 2022

According to an article published on Reason , roughly six sentences of his 2000 dissertation at Cornell University contained text that was either copied directly or near-verbatim from outside sources that were not cited in the paper. . Clark, for the record, was accused of copying text without quotation marks while still including footnotes.

Plagiarism 236

Plagiarism Copying Publishing Blogging 236

TorrentFreak

FEBRUARY 4, 2023

These proxies act as a copy of The Pirate Bay, making the site accessible through an alternative domain name. This site is in breach of UK law, namely Copyright, Design & Patents Act 1988, Offences under the Fraud Act 2006 and Conspiracy to Defraud,” PIPCU wrote. Dedicated ‘proxy’ sites have also become quite popular.

Intellectual Property 135

Intellectual Property Copyright Copyright Infringement Music 135

TorrentFreak

JANUARY 16, 2023

This GitHub subdomain is a copy of thepirateproxybay.com and appears to be operated by the same people, but it’s not blocked by UK ISPs. “This site is in breach of UK law, namely Copyright, Design & Patents Act 1988, Offences under the Fraud Act 2006 and Conspiracy to Defraud,” PIPCU writes.

Music 129

Music Intellectual Property Copyright Copyright Infringement 129

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

Blogging 95

Blogging Copying Social Media Copyright 95

Plagiarism Today

APRIL 20, 2022

Web scraping has been one of the longest-running themes on this site, with the first articles about it going live as far back as 2006. . For much of the web’s recent history, we scraping commonly referred a technique through which spammers would copy content from a website and republish it, either rewritten or verbatim.

Licensing 235

Licensing Government Plagiarism Copyright 235

Biswajit Sarkar Copyright Blog

DECEMBER 19, 2023

Definition of MSME The MSME Development Act, established in 2006, witnessed a significant overhaul in its definition within the Atmanirbhar Bharat package on May 13, 2020. With the enactment of the MSME Act,2006; an effective mechanism has emerged, enhancing the MSME claim settlement procedure and striving to make it more accessible.

Settlement 52

Settlement Intellectual Property Registration Designs 52

Patently-O

AUGUST 10, 2022

In 2006, SS8 sold the patent to the “Imaginex Fund I”, an Intellectual Ventures shell. The patent application was filed back in 2001 and was originally owned by ADC who sold that division to SS8. In 2012, IV merged Imaginex back into an IV fund. Claim 1 is written quite broadly to cover cloud computing: 1.

Litigation 73

Litigation Patent Application Copying Patent 73

Garrigues Blog

JANUARY 12, 2022

644/2006, of 6 April 2006 : Objective identity. 644/2006, of 6 April 2006 ). The Spanish courts lay down four requirements to apply the prior use exception, following the case law that commenced with the judgment of the Court of Appeals of Barcelona No. 10/2014, of 18 January 2014 , confirmed on appeal ).

Patent Infringement 52

Patent Infringement Invention Patent Patent Law 52

IP and Legal Filings

AUGUST 28, 2023

The degree of similarity to be considered in an infringement of a fluid mark can be understood through the case of Louis Vuitton Malletier Vs. Dooney Bourke [3] , where the plaintiff alleged that the defendant had imitated/copied their stylized monogram (the LV initials) on their products. Joy Creators, 2011 (45) PTC 541. [2] 2] Rintisch v.

Branding 86

Branding Brands Branding Trademark 86

The IPKat

MARCH 26, 2024

All Tesco had copied was the visual concept. The degree of creativity may have been low but it was not purely mechanical or dictated solely by technical considerations. The Court therefore found that they had not infringed copyright.

Copyright 57

Copyright Copyright Infringement Copying Social Media 57

LexBlog IP

JULY 5, 2023

In 2006, Hetronic entered distribution and licensing agreements with Hydronic Steuersysteme GmbH (later purchased by Abitron Austria GmbH). The Lanham Act applies to persons who, without the consent of the trademark registrant, “use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark.[if]

Trademark 52

Trademark Marketing Marketing Contracts 52

The IP Law Blog

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 98

Trademark Advertising Advertising Copying 98

43(B)log

JUNE 30, 2022

ULC Monastery was founded by George Freeman in 2006. The strongest evidence of the individual defendant’s involvement was that he reviewed a draft of the website copy before publication and didn’t object. This wasn’t enough to make him a “guiding spirit” or “central figure” in the underlying conduct.

False Advertising 59

False Advertising Advertising Advertising Business 59

IIPRD

JUNE 29, 2022

It was awarded the world’s most valuable luxury brand for six consecutive years (2006-2012), topping even Chanel, Gucci, and Dior. Design Rights: By registering their product designs, they can prevent third parties from copying the original and new, aesthetic, or ornamental components of their creations.

Intellectual Property 98

Intellectual Property Branding Brands Branding 98

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

IP and Legal Filings

JANUARY 13, 2023

Wilmot Storage Services [2] , the court laid down the scope and extent of de minimis while stating that it can be used in matter of copying of the copyrighted content instead of just a mere display of such work. 2 (Spring 2006), pp. 2 (Spring 2006), pp. DE MINIMIS IN COPYRIGHT LAW. In the landmark case of Bell v.

Copyright Infringement 52

Copyright Infringement Copyright Copyright Law Journalism 52

Kluwer Copyright Blog

DECEMBER 20, 2022

At the same time, however, Article 6 of the Term Directive ( Directive 2006/116/EC ) also states that “Member States may provide for the protection of other photographs” and thus leaves to each Member State’s own discretion the decision of whether to provide some protection to non-original photographs in addition to “original” ones.

Copyright 56

Copyright Related Rights Artistic Work Public Domain 56

TorrentFreak

SEPTEMBER 15, 2021

Voltage’s letter states that the alleged infringement represents breaches of the Copyright Designs and Patents Act (CDPA) in respect of the copying of the work (downloading) and distributing of the work (uploading). We have contacted the press offices of the more likely candidates and will report back here when the companies respond.

Settlement 98

Settlement Copyright IP Reporting 98

IIPRD

NOVEMBER 14, 2023

There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. Challenges in IPR Regulation in e-commerce As per a survey, around 38% online buyers experienced counterfeit products and 1/3 rd people have gotten copied products. 16] Rule 3, Information Technology Act, No.21,

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

43(B)log

APRIL 28, 2022

That is, even assuming that authorizing referential uses counted, he didn’t do anything after distributing the 1986 award until 2006, nearly twenty years. American Classics responded by sending a copy of the License Agreement between American Classics and Ehrhart, and other records relating to the royalty payments. “In

Licensing 45

Licensing Advertising Advertising Registration 45

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

SpicyIP

MARCH 25, 2024

Kunal Makkar & Anr on 14 March 2024, Delhi High Court Image from here The petition concerned alleged violations of a previous judgment where respondents undertook not to imitate, copy, manufacture, or sell shoes imitative of the petitioner’s designs. Christian Louboutin Sas & Anr v.s

Trademark 52

Trademark Patent Copyright Confidentiality 52

IIPRD

MARCH 17, 2023

However, the manufacturing, storage, distribution, sale, and import of nutraceutical products come into the purview of the Food Safety and Standards Act of 2006 (FSSA). Whereas in India, there is no specific regulation has been assigned to the Nutraceutical sector.

IP 52

IP Intellectual Property Marketing Marketing 52

SpicyIP

MAY 23, 2022

Moreover, Section 64 of the Copyright Act shows that on an action of seizure, the police officer can “seize copies of infringing works without a warrant.” Here are the decisions where various High Courts have taken conflicting views: . High Court. Jithendra Prasad Singh v State of Assam, 2002. Cognizable and Non-Bailable. Andhra Pradesh.

Copyright 137

Copyright Ownership Copyright Infringement Law 137

Kluwer Copyright Blog

OCTOBER 3, 2022

The proposed Design Law Treaty seeks to streamline the global system for protecting designs and builds upon earlier initiatives such as the work of the WIPO Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications in 2006. European Commission, European Media Freedom Act.

Copyright Law 114

Copyright Law Copyright Law Music 114

Barry Sookman

MARCH 24, 2020

Determine how to provide the client with copies of the document executed remotely. Marini , 2006 CanLII 34269 (ONSC). Assess whether there is a risk that the client may be subject to undue influence or duress. If there is such a risk, consider if you are able to assist the client at this time without meeting in person.

Contracts 52

Contracts Law Business Technology 52

LexBlog IP

SEPTEMBER 13, 2023

The rights referred to in paragraphs 1 and 2 shall not be exhausted by any act of communication to the public or making available to the public as set out in this Article.’

Music 52

Music Television Copyright Related Rights 52

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

LexBlog IP

FEBRUARY 28, 2022

Also in its amended opinion, in light of the Supreme Court’s decision in Google , the court placed newfound emphasis on the consideration of the “public benefits” the copying will likely produce as part of its analysis of the fourth fair use factor—the effect of the use on the market for the original. Goldsmith , 11 F.4th 4th 26, 50 (2d Cir.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

TorrentFreak

APRIL 26, 2024

Launched in 2006, the sandbox game has no goals; just hand over $9.99 At this point, it’s worth highlighting something that all of these notices have in common: not a single one targets pirated copies of Nintendo games. to Steam, jump in, and do whatever you like. It’s a trend that runs through all similar notices.

Artwork 114

Artwork Branding Brands Branding 114

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

TorrentFreak

SEPTEMBER 29, 2022

After blocking Russian MP3 site AllofMP3 in 2006, Danish rightsholders haven’t looked back. Both Rights Alliance and Teleindustrien (Telecommunications Industry Association in Denmark) have published copies of the new Code of Conduct but neither explain how the new system will work. How Will The System Work?

Publishing 119

Publishing Copying Copyright Designs 119

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