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competitor's copying of photos doesn't inherently inflict competitive harm

43(B)log

3, 2021) The parties compete in the market for custom landscape design services. “[I]n I]n February 2010, Natorp’s began using approximately 24 of McCleese’s photos on its commercial website.” McCleese v. Natorp’s, Inc., 2021 WL 2270511, No. 1:20-cv-118 (S.D.

Copying 64
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The Bizarre Career of Damien Hirst

Plagiarism Today

Though he clarified that they were not “direct copies”, he claimed there were similarities in style, color choices and techniques used that were overwhelming to him. In 2010, artist Charles Thomspon compiled a list of 15 separate plagiarism allegations against Hirst and published them in the art magazine Jackdaw.

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Fair Use Shields Google in Its Copyright Battle with Oracle

The IP Law Blog

Finding Google’s copying a fair use, the Supreme Court ended Oracle’s decade-long attempt to recover copyright damages. The battle began between these tech giants when Google designed its Android software platform for mobile devices, such as smartphones. The declaring code in APIs “enables a set of shortcuts for programmers.”

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Let’s Go Hazy: Making Sense of Fair Use After Warhol

Copyright Lately

Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. More typically, two works aren’t market substitutes, which means that determining whether a secondary use is justified is more difficult.

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Dark Patterns Unmasked: Examining Their Influence on Digital Platforms and User Behaviour

SpicyIP

Dark Patterns Unmasked: Examining Their Influence on Digital Platforms and User Behaviour Srijaa Grover and Yaggya Kapoor Harry Brignull introduced the concept of “dark patterns” in 2010, describing them as deceptive tactics aimed at boosting conversion rates. The DoCA had illustrated 10 practices as dark patterns. They are: 1.

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Inter American Convention allows claims that Lanham Act makes dubious after Abitron; but what about Article III?

43(B)log

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Prior import plans in 2010-11 were paused. T]he one showed in the application is not mine.” So, did Industria satisfy Lexmark ?

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Movie titles and character titles as trade marks? Nigeria's Trade Marks Tribunal weighs in

The IPKat

This Kat was present as godmother during a baptismal ceremony in 2010 and another parent (not my goddaughter's) who proposed ‘Domitila’ as her daughter’s baptismal name, received several queries of “are you sure” from the priest.] not confer trade mark or copyright ownership of the work on such actor.