The IPKat

JUNE 5, 2022

Use in an online environment The court first set out a recap on case law illustrating what constitutes “use” in an online environment, including the decisions of the Court of Justice of the European Union in Google France [2010] RPC 19 , L’Oréal v eBay [2011] RPC 27 , and Coty Germany v Amazon Services Europe [2020] ETMR 27.

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Designs Design Branding Brands 144

IPilogue

AUGUST 4, 2022

That case centered around the issue of whether the applicant’s “JU DIAN & Design Mark” was obtained in bad faith contrary to 18(1)(e) of TMA or was otherwise invalid per 18(1)(b) or 18(1)(d) of the TMA. Background. The following family of JU DIAN character trademarks have been heavily used in China to promote their restaurants.

Trademark 115

Trademark Registration Designs Design 115

Technology & Marketing Law Blog

JANUARY 24, 2024

This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer. Gutman created a Pinterest account in 2011 and an Instagram account in 2012, shortly after she began working for JLM. Spartz, Inc. Christou v.

Social Media 80

Social Media Ownership Designs Design 80

The TTABlog

MARCH 9, 2022

For example, the fact respondent abandoned a prior registration for NUTRAVITA in a design form was irrelevant. There, in an "expedited cancellation proceeding" the petitioner relied on certain official records in attempting to show that "Pennant East closed in 2011." Cerveceria Centroamericana , 13 USPQ2d at 1310.

Licensing 57

Licensing Registration Designs Design 57

Plagiarism Today

SEPTEMBER 28, 2021

In 2009, the Associated Press filed a lawsuit against artist Shepherd Fairey over the famous Obama “Hope” poster that he designed. As for the case itself, it was settled in 2011 with neither side surrendering their position. To that end, there are three particularly interesting cases to look at.

Fair Use 240

Fair Use Non-Fungible Tokens Copyright Social Media 240

CopyrightsWorld

FEBRUARY 10, 2021

When Gassée saw the software, he was enraged but didn’t want a lawsuit, so he ended up agreeing to license the interface. This led to a six-year legal battle, culminating in 1989, with the court ruling that 179 of the 189 disputed displays were covered by the existing license, and the remaining 10 did not violate Apple’s copyright.

Intellectual Property 76

Intellectual Property Design Patent Designs Design 76

Dear Rich IP Blog

APRIL 16, 2020

Documents filed at the Copyright Office as recently as 2011 indicate that various parties controlled copyright to "The Naked Kiss". It may be because a lawsuit over the film (we couldn't find any) would officially designate it as PD thereby denying future licensing revenue.

Copyright Notice 52

Copyright Notice Public Domain Copyright Ownership 52

Michael Geist

AUGUST 5, 2021

” This spin may have been designed to assuage the concerns of members who had invested in the litigation, but it did little to level with them on the true implications of the decision. On the contrary, it leaves copyright licensing in the education sector alive and well.” The same was true after the Access Copyright v.

Copyright 145

Copyright Copying Licensing Litigation 145

43(B)log

AUGUST 18, 2021

SMRI ultimately sent one C&D in August 2006, and filed suit in June 2011. It also stopped using “Officially Licensed Sturgis,” “Licensed Sturgis,” and “Authentic Sturgis.” The Composite Design Mark registration specifically acknowledged that it made “no claim. apart from the mark as shown.” What about unclean hands?

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

Copyright Lately

DECEMBER 5, 2021

Performance “Absent a Specific License”. Back in 2012, Pandora started flagged this precise issue in its annual reports filed with the SEC, warning investors that its spoken word comedy content “is performed absent a specific license” from any performing rights organization.

Music 82

Music Licensing Copyright Publishing 82

LexBlog IP

JUNE 28, 2023

The compensation for damages cannot be less than twice the fee that is usually or by law paid for the type of exploitation that the infringer did without license. In other words, it is the price of a program that has not been designed to cover the needs of a specific natural or legal person. Endnotes (1) Decision No. 2916/2022. (2)

Copying 52

Copying Copyright Law Copyright Editing 52

Patently-O

AUGUST 3, 2023

Moderna asserts that it pioneered these innovations years before the COVID-19 pandemic and patented them between 2011-2016. The complaint alleges Pfizer and BioNTech initially tested different vaccine designs but ultimately chose to copy Moderna’s approach, despite being aware of Moderna’s patents.

Patent 97

Patent Patent Infringement Copying Technology 97

IIPRD

FEBRUARY 8, 2024

IP owners can restrict unauthorised access or exposure of sensitive information, such as product designs, by encrypting data at the file level i.e., it is invariably encrypted from prior to reaching the cloud to after leaving it. It is designed as an Infrastructure as a Service (IaaS) platform. link] (Accessed: 29 October 2023). [8]

Intellectual Property 52

Intellectual Property IP Government Technology 52

Intepat

SEPTEMBER 15, 2023

Copyright laws are designed to safeguard the rights of creators. In 2011, wildlife photographer David Slater captured a monkey selfie, which gained widespread attention online. Potential solutions range from creating new categories of copyright to developing specialized licensing models for AI-generated content.

Art 105

Art Copyright Ownership Non-Fungible Tokens 105

LexBlog IP

JULY 5, 2023

In 2006, Hetronic entered distribution and licensing agreements with Hydronic Steuersysteme GmbH (later purchased by Abitron Austria GmbH). In 2011, Hydronic began reverse-engineering Hetronic parts and contracted new suppliers to source them. or who engages in online activities that penetrate U.S.

Trademark 52

Trademark Marketing Marketing Contracts 52

JIPL Online

MARCH 19, 2021

Given the disparity in negotiating power between a platform the size of Twitch and individual creators, Twitch is better situated to take on the burdens of negotiating a music licensing solution on behalf of all of the creators who drive traffic to their site. [i] For those unfamiliar with the platform, Twitch.tv

Music 76

Music Copyright Licensing Fair Use 76

Michael Geist

AUGUST 3, 2021

Access Copyright launched the lawsuit against York over copying it said took place from 2011 to 2013, seeking to enforce a Copyright Board approved tariff. Under the final 2011-2014 Access Copyright tariff for post-secondary educational institutions, for example, York would be liable to pay $24.80

Copyright 100

Copyright Copying Copyright Infringement Licensing 100

LexBlog IP

APRIL 15, 2022

When Christie’s Auction House first entered the secondary art market of mainland China in 2005, it licensed its brand to a local auction house and received a total of RMB 97,000,000 (roughly $12,100,000) for its inaugural sale. [1] 5] A business filing and an auction license are required to establish an auction house in mainland China.

Art 52

Art Marketing Marketing Artwork 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Fifth, assuming Trump owns a valid copyright, did he grant an implied license to Woodward to publish transcripts of the interviews and/or the record­ings themselves? The bottom line: even if he gets past the implied license problem, Trump still has to survive several other substantive and procedural hurdles to recovery.

Copyright 120

Copyright Blogging Publishing Fair Use 120

Biswajit Sarkar Copyright Blog

JULY 21, 2023

In other words, it gives the copyright owner the exclusive right to make copies of the work, and to exercise the ancillary rights that come with that monopolistic power, such as licensing rights, et cetera. Tattoos, however, is only recently being taken seriously and is being considered to fall under the ambit of copyright protection.

Copyright 52

Copyright Artistic Work Copyright Infringement Ownership 52

Biswajit Sarkar Copyright Blog

JULY 21, 2023

In other words, it gives the copyright owner the exclusive right to make copies of the work, and to exercise the ancillary rights that come with that monopolistic power, such as licensing rights, et cetera. Tattoos, however, is only recently being taken seriously and is being considered to fall under the ambit of copyright protection.

Artistic Work 52

Artistic Work Ownership Copyright Infringement Copyright 52

Copyright Lately

OCTOBER 25, 2021

The humanized skeleton figure on the left is Skully, which artist and entrepreneur Gregory Spiers first conceived while designing a T-shirt for the Lithuanian Olympic basketball team. The humanized skeleton figure on the right is Curly, a character designed for Scholastic’s popular “Goosebumps” series of books.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

LexBlog IP

SEPTEMBER 29, 2021

In August 2011, the plaintiff, an English data center design company, drafted an NDA in connection with negotiations over its potential sale to a competitor. The recent decision in Bladeroom demonstrates what can happen when the drafter of an NDA tries to have it both ways. Ninth Circuit’s Decision in Bladeroom.

Confidentiality 52

Confidentiality Contracts Public Domain Designs 52

SpicyIP

JULY 22, 2023

It states that the current IP regime poses problems in the context of generic computer programs because of the way the algorithms are designed and trained using large data sets. They receive inputs at various stages of their development – be it designing the software, training the system and testing how it functions.

IP 98

IP Intellectual Property Reporting Government 98

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 13, 2021

Strategic considerations include what to patent (components, cell assembly or manufacturing processes, etc), where to patent, what patents to abandon or sell, and licensing strategies. One key strategic consideration in building a robust patent portfolio involves deciding in which countries to file patent applications.

Intellectual Property 52

Intellectual Property Litigation Patent Prosecution IP 52

Intepat

NOVEMBER 2, 2023

Key takeaways encompassed the illumination of India’s thriving innovation ecosystem, the accentuation of dialogues within the WIPO Tech Access Platform on voluntary licensing arrangements, and the recognition of India’s ambitions to revamp its IP framework for more efficiency.

Intellectual Property 52

Intellectual Property IP Higher Education Technology 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Early commercialization efforts were flops—such as the attempt to build a LISP machine designed to implement AI languages. These projects were designed for cloud-based infrastructure that could be leased and rapidly scaled from a prototype into a commercial offering. Core Wireless Licensing S.A.R.L. , 2018-01386 (P.T.A.B.

Law 40

Law Patent Technology Art 40

The IP Law Blog

MARCH 2, 2021

The issue arose from a dispute between Romag, a manufacturer of magnetic snap fasteners for leather goods, and Fossil, a designer and distributor of a wide range of fashion accessories. 21 In a 2011 survey conducted by the U.S. 4226, at 3-32 (May 2011), [link]. 24 Unless the Chinese company has sufficient assets in the U.S.,

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

The IPKat

JUNE 25, 2021

His first book “Inside the Patent Factory” was published by Wiley & Sons in 2008, and second book “Harvesting External Innovation” was published by Gower Publishing in 2011. He also has over 200 short papers on various aspects of IP published. It also covers references studies by the Association of University Technology Management.

Intellectual Property 52

Intellectual Property Technology Higher Education IP 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

In fact, although most battery patents relate to technical features of a battery, a recent lawsuit related to design patents addresses a specific visual battery pack housing. Up from just 10 cases involving patents related to battery technologies in 2011, 27 in 2020 alone there were 93 such cases in U.S. district courts, the U.S.

Intellectual Property 52

Intellectual Property Technology Journalism IP 52

TorrentFreak

JULY 23, 2023

With regards to limits on the number of devices simultaneously connected, no timestamps or IP addresses are ever logged; our systems are merely able to identify how many active sessions a given license has at a given moment in time and use that counter to decide whether a license is allowed to create one additional session.

Privacy 137

Privacy IP Technology Reporting 137