The IP Law Blog

OCTOBER 13, 2022

Those arguments were that (1) Take-Two’s use of the tattoos was authorized by an implied license, (2) the fair use doctrine insulates their utilization of the tattoos and (3) the tattoos constitute a de minimis part of the video game. Take Two had good reason to believe in its implied license defense.

Fair Use 98

Fair Use Copyright Licensing Copying 98

Indiana Intellectual Property Law

SEPTEMBER 23, 2022

According to the Complaint, Thirty Six Saloon failed to purchase a license for several performances of musical compositions in the BMI repertoire. In Color, written by Jamey Johnson, Lee Thomas Miller a/k/a Lee Thomas, and James Otto, registered October 16, 2008 and March 11, 2009 by EMI Blackwood Music, Inc. Terry Stafford Music Co.,

Copyright Infringement 52

Copyright Infringement Copyright Music Publishing 52

The IPKat

FEBRUARY 3, 2023

On the other hand, the debate around TDM has not developed in a context devoid of licensing practices, at least in Europe. Besides ongoing litigation in multiple jurisdictions, the discussion of the relationship between copyright and content mining will continue – if not increase in intensity – for the foreseeable future.

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Government Related Rights Copyright Law 141

The IPKat

MARCH 24, 2022

The purpose of the SPC Regulations ( Regulation (EC) No 469/2009 and Regulation (EC) No 1610/96 ) is to compensate patentees for the lengthy process of achieving marketing authorisation for a medicinal or plant product. SPCs are national rights that provide an additional period of protection for a medicinal product protected by a patent.

Registration 82

Registration Reporting Marketing Marketing 82

SpicyIP

MAY 2, 2022

Akshat is a lawyer, interested in IP policy, currently litigating at the Patna and the Delhi High Courts. While entering into a licensing agreement in the first place, the Defendant had essentially given up its right to contend such an exemption. You can see his previous posts for us here. Akshat Agrawal. Defendant had affirmed this.

Fair Use 116

Fair Use Copyright Reporting Licensing 116

LexBlog IP

OCTOBER 13, 2022

Those arguments were that (1) Take-Two’s use of the tattoos was authorized by an implied license, (2) the fair use doctrine insulates their utilization of the tattoos and (3) the tattoos constitute a de minimis part of the video game. Take Two had good reason to believe in its implied license defense.

Fair Use 52

Fair Use Copyright Licensing Copying 52

The IP Law Blog

JANUARY 11, 2024

The picture on the album was licensed for use on other merchandise, such as t-shirts, and was also the subject of various parodies. He turned 18 in 2009. Many will remember the cover of Nevermind that featured a naked baby swimming underwater and reaching for a dollar bill on a fishing hook.

Law 62

Law Copyright Infringement Music Advertising 62

43(B)log

OCTOBER 31, 2022

Algthough Logan published the photos on Wikimedia under a Creative Commons license, he alleged that Meta stripped the photos of all identifying information and falsely identified itself as the owner by displaying its “copyright tag on the bottom of each Facebook user page,” breaching the license. 3d 1137 (9th Cir. Baden Sports, Inc.

False Advertising 59

False Advertising Advertising Advertising Licensing 59

The TTABlog

AUGUST 15, 2022

The Board found that the registrant, despite claiming attempts to sell or license the mark, had discontinued use of the mark with an intent not to resume use. Here, Respondent Branded never intended to use the mark itself, but claimed that it always intended to license or sell it. Vans, Inc. See Cerveceria , 10 USPQ2d at 1069.

Registration 52

Registration Cease and Desist Branding Brands 52

LexBlog IP

JANUARY 11, 2024

The picture on the album was licensed for use on other merchandise, such as t-shirts, and was also the subject of various parodies. He turned 18 in 2009. Many will remember the cover of Nevermind that featured a naked baby swimming underwater and reaching for a dollar bill on a fishing hook.

Copyright Infringement 52

Copyright Infringement Music Advertising Advertising 52

Technology & Marketing Law Blog

OCTOBER 27, 2021

Twitter’s TOS, which Trump agreed to in 2009 when he created his account, contains a mandatory venue clause. I’m not sure about litigation etiquette, but to me, Trump’s move seemed to be premature, ill-advised, or bad form. Now Twitter has done the same. (A This one is no exception).

Social Media 124

Social Media Blogging Law Government 124

SpicyIP

OCTOBER 23, 2023

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. 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.

Intellectual Property 52

Intellectual Property Government Law IP 52

Technology & Marketing Law Blog

JANUARY 25, 2024

LinkedIn case, which up until now was the most important case in the history of US web-scraping litigation. The 2009 Facebook Terms included the following clause: “accessing or using our website. at 18 (quoting the 2009 version of the Terms at issue in Fteja v. He presided over the famous hiQ Labs v. signif[ies] that you.

Blogging 72

Blogging Contracts Cease and Desist Confidentiality 72

SpicyIP

DECEMBER 27, 2021

The debate at the crux of the dispute is, or rather was, the dichotomy between deference to the validity of a granted patent vis-a-vis the challenge to its validity and consequently disregarding the exclusivity granted to it, in litigation. The Litigation. Background . The Drug and the patent.

Patent 105

Patent Art Patent Prosecution Litigation 105

Bio Law Blog

FEBRUARY 2, 2020

Buried in a 2020 spending bill passed in December 2019 is a provision that amends the definition of “Biological Product” in the Biologics Price Competition and Innovation Act of 2009 (BPCIA) and thereby expands the products that will be regulated as biologic medicines and litigated under the BPCIA. ” 42 U.S.C.

Litigation 40

Litigation Copying Licensing 40

SpicyIP

APRIL 7, 2024

This could make it harder to force companies to license patents if they are not being used to make affordable products in India. And further restricting policy levers such as compulsory licensing. Article 12, along with the recent amendments to the Patent Rules, restrict the obligation to disclose the “working” statement.,

Patent 72

Patent Patent Application Intellectual Property Law 72

SpicyIP

MAY 20, 2024

Shamnad Basheer 1976-2019; taken at NUJS, Kolkata circa 2009. on 10 May, 2024 (Delhi High Court) The defendant filed an application seeking cost of litigation from the plaintiff. Drop a comment below to let us know. Highlights of the Week Announcing the 2024 Shamnad Basheer Essay Competition on Intellectual Property Law Prof (Dr.)

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Trademark Advertising Advertising Copyright 45

Bio Law Blog

JANUARY 8, 2020

The Biologics Price Competition and Innovation Act of 2009 (BPCIA) was passed as part of health reform signed into law by President Obama in March 2010. 2020 will also usher in some notable changes expanding the scope of products that are regulated and litigated under the BPCIA. This year, the BPCIA turns 10. While the U.S.

Marketing 40

Marketing Marketing Settlement Litigation 40

LexBlog IP

APRIL 4, 2023

I have to confess this decision seems extreme, given that a standard confidentiality order would achieve the narrow purpose sought–protection of confidential information involving a pending litigation–and the breadth of this ruling may unfairly impinge on the ability of counsel to engage in joint defense communications.

Confidentiality 40

Confidentiality Blogging Litigation Reporting 40

Technology & Marketing Law Blog

DECEMBER 13, 2023

In that case, Judge Easterbrook wrote, in finding that a “shrinkwrap” license was enforceable against the defendant: But are rights created by contract “equivalent to any of the exclusive rights within the general scope of copyright”? If nothing else, litigants know where they stand in these jurisdictions. 634 F.Supp.2d

Blogging 80

Blogging Copyright Contracts Cease and Desist 80

Technology & Marketing Law Blog

JANUARY 24, 2023

And if Musk ever flips any of Twitter’s long-standing legal or policy positions in litigation or lobbying, he could truly melt down the industry. So what do we make of the earlier rulings that suggested hiQ had a legally protected right to scrape? ¯_(ツ)_/¯ CCB Launches We have a new venue for copyright litigation.

Law 114

Law Social Media Government Privacy 114

Patently-O

DECEMBER 11, 2023

The copyright law implications of AI training are currently being litigated in several different federal copyright infringement actions. Copyright Office published a Notice of inquiry (“NOI”) and request for comments, Artificial Intelligence and Copyright, Docket No. That is far too hasty. Accolade, Inc., 2d 1510, 1514 (9th Cir. Vanderhye v.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Litigation under the Biologics Price Competition and Innovation Act (BPCIA) in the district courts also decreased. BPCIA Litigation. What is the nature and type of information that a sponsor should provide to support a postapproval manufacturing change for a licensed biosimilar product? BPCIA Litigation. 1435, and S.

Litigation 52

Litigation Settlement Patent Marketing 52

43(B)log

AUGUST 17, 2021

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. And because it was kicking out the federal claims, it declined to exercise supplemental jurisdiction despite how far the litigation had progressed.

Social Media 59

Social Media False Advertising Advertising Advertising 59