Technology & Marketing Law Blog

DECEMBER 13, 2023

Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. Copyright law forbids duplication, public performance, and so on, unless the person wishing to copy or perform the work gets permission; silence means a ban on copying. A copyright is a right against the world.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

Corsearch

FEBRUARY 22, 2024

Imagine you’ve conjured up the hottest brand on the market – “Crispy Crunch Delights” , complete with a jazzy logo. vs. The South Butt (2009) In a classic case where imitation was not considered flattery, The North Face vs. The South Butt case became a pivotal example of trademark infringement. We explore in this article.

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Branding Brands Branding Trademark 59

Kluwer Copyright Blog

JANUARY 9, 2024

The 2009 directive on the legal protection of computer programs (the Software Directive ) grants copyright protection to all forms of expression of computer programs. The first is the reproduction right, which covers not only permanent copies but also temporary copies loaded into the volatile memory of a computer.

Copyright 67

Copyright Copying Copyright Law Designs 67

Kluwer Copyright Blog

NOVEMBER 22, 2021

This personal intellectual creation is lacking if the photographs in question are “mere reproductions of other photographs” in which an original has been merely reproduced (copied) as closely as possible. If a copy of a computer program is published in the territory of the EU/EEA with the consent of the rightholder, Section 69 No.

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Related Rights Law Copyright Copying 52

Garrigues Blog

JULY 27, 2021

This phenomenon is largely due to the double-digit annual growth rates recorded in 6 out of the last 15 years, despite the small declines seen in 2008 and 2009. Copies sold : The US heads the ranking, reporting the largest number of copies sold, amounting to 2,629.6 million copies, followed by Japan (677.7

Intellectual Property 52

Intellectual Property Designs Design Trademark 52

The TTABlog

JANUARY 24, 2022

Fender Musical Instruments , 94 USPQ2d 1549, 1555 (TTAB 2009) (guitar shape). "[C]ourts Its sales figures lacked information regarding market share. The Board noted that the issues at hand, genericness and acquired distinctiveness, are interrelated in that third-party use of the same or a similar design affects each determination.

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Designs Design Registration Music 52

IP Intelligence

JUNE 7, 2023

Instead, it requires courts to ask whether consumers treat a challenged use “as a market replacement” for a copyrighted work or a market complement that does not impair demand for the original.” Evidence of the scope of the market (magazines about the life of Prince, as opposed to a magazine article about the work of Andy Warhol).

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Fair Use Licensing Music Art 106

IP and Legal Filings

JANUARY 5, 2023

To profit on the reputation of another brand, competitors began copying marks or acquiring deceptively similar trade marks with a desire to obtain the goodwill of well-known marks. 1] This empowers an enterprise to market its product effectively and allows consumers to differentiate between products of identical natures or classes.

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Trademark Branding Brands Branding 82

IIPRD

OCTOBER 17, 2022

As recently in 2022 Hermès, a fashion house sued Manson an NFT (non-fungible token) creator for trademark infringement who marketed a digital asset called “Metabirkins”, which was a digital copy of a bag created by Hermès, which sold at many high prices. This can a lesson for the companies interested in the metaverse.

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

Garrigues Blog

JUNE 7, 2021

However, the scope of this protection does not extend to its functionalities, which explains why numerous similar applications are able to coexist peacefully on the market. In fact, Directive 2009/24/EC on the legal protection of computer programs , imposes considerable limitations on rightholders with a view to encouraging competition.

Intellectual Property 52

Intellectual Property Plagiarism Intellectual Property Law Copyright 52

The TTABlog

JUNE 10, 2021

The sales figures were modest and were not placed in context (market share), and the advertising figures lacked information as to the extent of exposure. There was no survey evidence, no evidence of intentional copying, and minimal media coverage. See Cold War Museum, Inc. Cold War Air Museum, Inc. , 3d 1352, 92 USPQ2d 1626, 1629 (Fed.

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LexBlog IP

JUNE 7, 2023

“Instead, it requires courts to ask whether consumers treat a challenged use “as a market replacement” for a copyrighted work or a market complement that does not impair demand for the original.” This is not the “potential” market of fourth fair use factor jurisprudence. .” Id.

Fair Use 52

Fair Use Licensing Music Art 52

IP Intelligence

JUNE 6, 2023

Instead, it requires courts to ask whether consumers treat a challenged use “as a market replacement” for a copyrighted work or a market complement that does not impair demand for the original.” Evidence of the scope of the market (magazines about the life of Prince, as opposed to a magazine article about the work of Andy Warhol).

Fair Use 40

Fair Use Licensing Music Art 40

IIPRD

FEBRUARY 16, 2024

The other teams can hence copy McLaren, causing the team a disadvantage. Although, patenting can be used in specific innovations that are extremely useful for the automotive market. A notable example would be that of the Kinetic Energy Recovery System (2009) Therefore, a patent would prove to be obsolete in this rapidly evolving sport.

Intellectual Property 59

Intellectual Property Technology Confidentiality Journalism 59

Patently-O

DECEMBER 11, 2023

In our view, the FTC plays a vital role in keeping markets open and honest, and we have long been admirers of the intelligence and energy that the agency brings to that task. so-called “non-expressive” use in which copying is undertaken not to distribute the copied material directly or indirectly but rather for some other purpose.

Copyright 95

Copyright Fair Use Copyright Law Copyright Infringement 95

43(B)log

AUGUST 17, 2021

First, Buncher “used copies of the images annexed to the Complaint with. [P]laintiffs’ In Electra , while the successful Carmen Electra earned over $5 million modeling between 2009 and 2012, the unsuccessful plaintiffs made annual modeling incomes ranging “from $400. The court excluded this as unreliable.

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Social Media False Advertising Advertising Advertising 59

TorrentFreak

FEBRUARY 15, 2024

Given the ongoing shift in the TV market away from terrestrial and satellite delivery in favor of IP-based services, cloud recording services are no longer the big deal they once were. TVkaista said that since its service was similar to a VCR or a DVR, that would be legal under Finnish law since private copying is permitted for personal use.

Copyright Infringement 92

Copyright Infringement Copyright Fair Use Licensing 92

The IP Law Blog

SEPTEMBER 22, 2022

It apparently conducted market research and discovered that P&P was one of the most successful sellers on Amazon in this category. It further alleged that Johnson Enterprises intended to “deceive the public as to the source or origin” of its game to benefit from “P&P’s goodwill and reputation in the four in a row market.”.

Copying 98

Copying Marketing Marketing Advertising 98

Kashishipr

AUGUST 2, 2021

Intellectual Propriety (IP) rights holders are under the perpetual threat of counterfeit goods in the market that is growing exponentially with advancing technology and a surge in cross-border trade among countries. Hard copies of the documents uploaded in the online application are sent along with the UTRN to the Customs Office.

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IP Intellectual Property Registration Registering Trademarks 105

SpicyIP

OCTOBER 23, 2023

We are pleased to bring to you a copy of this article by Prashant Reddy T on Justice Bhat’s rich legacy. In 2009, the Right to Information Act was still in its infancy and the judiciary, especially the Supreme Court, was an institution still cloaked in secrecy. Please note, this article was originally published on Scroll.in.]

Intellectual Property 52

Intellectual Property Government Law IP 52

LexBlog IP

SEPTEMBER 22, 2022

It apparently conducted market research and discovered that P&P was one of the most successful sellers on Amazon in this category. The Ninth Circuit noted that the presence of at least two factors, such as intentional copying and survey evidence, can be sufficient to avoid summary judgment on a trade dress infringement claim.

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Copying Marketing Marketing Advertising 52

SpicyIP

MAY 2, 2022

The same, in its submission did not intend to impinge on the market of the Plaintiff. If the copying/ reproduction was to aid in the presentation of a news story and not to gain unfair competitive advantage over the Plaintiff, it would be exempted. The Court also recognized that use in “a reduced form” would be fair. Harper et al.,

Fair Use 116

Fair Use Copyright Reporting Licensing 116

IP and Legal Filings

MARCH 1, 2023

iii] The value of IP will rise as a result of commercialization when it is evaluated for marketing purposes. For international investors that contribute technology, compulsory licencing presents a challenge because they worry that CL will be abused to copy their products. In reaction, they invite for a Data Exclusivity law.

Intellectual Property 68

Intellectual Property IP Government Invention 68

43(B)log

AUGUST 18, 2021

SMRI’s predecessor in interest did business with the relevant defendants from at least 1999-2009; resold products bearing “Sturgis Motor Classic” in its own retail store; and never complained about the use of “Sturgis” or “Sturgis Motor Classic” on rally products.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

SpicyIP

MAY 15, 2023

Case: Holyland Marketing Pvt. The defendants applied for registration of their mark on 13th April 2009. The defendant further argued that it has applied to register its mark in 2009, however the application is still pending. vs Vijay Pal Vineet Kumar And Co. The defendants are using the mark PANTOPACID, for Pantoprazole tablets.

Trademark 104

Trademark Registration Cease and Desist IP 104

LexBlog IP

AUGUST 31, 2022

’ [Simon Carty, Review Of The Defamation Act 2009 ]. Conversely, in Ireland, the Defamation Act 2009 did not expressly provide a “defence in the act of artistic expression, certainly no defence for comedic output or satiric commentary,” according to Simon Carty. .” According to the cert. ’” Cert.

Fair Use 52

Fair Use Trademark Moral Rights Law 52

43(B)log

AUGUST 9, 2021

As alleged in the initial complaint, Charter mailed solicitations whose envelopes “used Windstream’s trademark and copied the same distinct color pattern from Windstream’s current advertising campaign.” Diecast Marketing Innovations, LLC (In re Collecting Concepts), 2000 Bankr. Important Information Enclosed for Windstream Customers."

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False Advertising Advertising Advertising Law 119