IPilogue

OCTOBER 18, 2022

After a test copy of New Genesis was leaked online, WOTC took issue with development company TSR LLC’s use of their IP rights in the game. For its part, WOTC claims that it retains common law interest in these marks, on the basis that it has continued to use the marks since at least 2012.

Trademark 101

Trademark Trademark Law Intellectual Property Law Publishing 101

IP and Legal Filings

JULY 21, 2022

Among the other solutions, the most easy and feasible way to come out of the problem of unavailability and unaffordability was to start copying the books, study materials, and video lectures with the help of different mechanisms. Lack of good libraries even within an institution is the most common problem seen across our country.

Copyright 86

Copyright Licensing Higher Education Copying 86

Velocity of Content

OCTOBER 4, 2022

Unfortunately, much of what has been written about OA from the funder perspective looks at the journal market as comprised exclusively of two binary revenue inputs: APCs and institutional (academic) subscriptions. That some open licensing will be required can be inferred by the requirement to deposit a machine-readable copy.

Journalism 98

Journalism Publishing Licensing Copying 98

Patently-O

AUGUST 23, 2021

Copying of the design by a third party. On appeal, the Federal Circuit rejected these considerations — finding a lack of nexus between the scope of the claims and the commercial success, praise, and copying. However, nexus can be presumed when the patent is commensurate in scope with the product being sold/praised/copied.

Design Patent 89

Design Patent Designs Design Patent 89

TorrentFreak

OCTOBER 12, 2021

As far back as 2012, Adobe was planning for the eventual demise of its iconic Flash Player. The problem, however, is obtaining a working copy of Flash outside China that is also secured by frequent updates and isn’t a risk to users’ machines. Well, sort of. Clean Flash Installer.

Copyright 143

Copyright Copyright Infringement Technology Copyright Law 143

IPilogue

MAY 3, 2022

In 1395804 Ontario Limited (Blacklock’s Reporter) v Canadian Vintners Association (CVA) , a small claims court in Ontario was tasked with deciding whether forwarding an email and receiving a forwarded email, including copy and pasted material constitutes Copyright infringement. Technological Protection Measures and the Copyright Act.

Government 96

Government Copyright Copyright Infringement Intellectual Property 96

TorrentFreak

FEBRUARY 15, 2022

When sales are replaced by pirated copies, authors earn a lot less. With around 90% of the search market, Google is regularly criticized by rightsholders for allowing infringing content to appear in its search results. “Book authors earn their incomes from legitimate sales of their books, as a percentage of each sale.

Social Media 103

Social Media Publishing Copyright Law Copyright 103

43(B)log

NOVEMBER 28, 2022

They weren’t directly asked about the phrase “Super Creatine,” whether participants had prior experiences with or opinions of Bang, or whether they had seen Vital’s advertising in the market. Dr. Chiagouris also opined on two Monster-commissioned surveys conducted by InfoScout, a market research firm.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

Patently-O

JULY 17, 2022

Hypo : Copycat would like to copy Competitor’s product. Once a brand drug is no longer patented, the fact that some of the drug’s uses remain patented “will not foreclose marketing a generic drug for other unpatented [uses].” Caraco (2012). So Teva carved out that use and came to market with its “skinny” label.

Branding 58

Branding Brands Branding Marketing 58

43(B)log

JULY 3, 2023

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. In light of the size of the food market, that’s a bit hard to credit. And the copying here could also lead to an inference of deception.

False Advertising 59

False Advertising Advertising Advertising Registration 59

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 22, 2022

The implementation of the America Invents Act in 2012 significantly changed patent practice in the United States, in part by creating an avenue to challenge a patent’s validity at the Patent Trial and Appeal Board (PTAB) without enduring the time and expense of district court litigation. PDF copy available. Responding to the AIA.

Journalism 52

Journalism Law All Rights Reserved Litigation 52

The TTABlog

JULY 6, 2021

The beverages are imported and sold in the United States, and Coca-Cola plans to market THUMS UP and LIMCA beverages more widely in this country. Moreover Meenaxi adopted the same tagline, "Taste the Thunder," that Coca-Cola used in India to market the THUMS UP beverage. Marcon , 102 USPQ2d 1434, 1442 (TTAB 2012).

Registration 98

Registration Marketing Marketing Branding 98

Technology & Marketing Law Blog

JULY 14, 2022

In 2020, Sifuentes sued Dropbox for a 2012 data breach. NB: there always should be someone at the company who can easily answer just how many times the TOS has been amended and provide definitive copies of each amendment and the date they occurred. Dropbox appeared first on Technology & Marketing Law Blog. Why so long?

Contracts 108

Contracts Blogging Business Law 108

JIPL Online

APRIL 9, 2021

x] In fact, on the contrary, memes can operate as a source of marketing and a way to garner interest in creative works in a funny, generationally relevant way. xi] There are countless articles and marketing studies directing corporations on how to market via memes to reach the maximum level of engagement. 511, 523 (2012).

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

JIPL Online

APRIL 22, 2021

This Blog aims to examine the Hatch-Waxman Act and one of the most significant incentives behind it, a three-year market exclusivity period for the “new clinical investigations.” iv] If deemed insignificant, the new drug is blocked from entering the market by the existing drug’s three-year market exclusivity. [v] Introduction.

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Litigation Law 98

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

The ideology of Fair Use has now been expanded to cover creations of a musical or cinematographic character, thanks to a subsequent modification to the Copyright (Amendment) Act, 2012. In addition, courts support transformative or non-mirror image copying purposes. Effect on the Market Value. Guidelines and Applications.

Fair Use 52

Fair Use Copyright Law Copyright Law 52

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

LexBlog IP

AUGUST 30, 2023

The third defendant was licensed to produce and market the disputed foods and spices under its own name and at its own expense, paying a fixed fee to the plaintiff for each individual product sold. 7) CJEU, C-406/2010, ECLI:EU:C:2012:259, paragraph 33. Applicable legal provisions The relevant law in this case was Law 2121/1993.

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

Kashishipr

JUNE 9, 2021

Under the Draft Copyright (Amendment) Rules 2019, all methods of broadcasting are intended to be covered under the garb of statutory licenses, including internet and Over-the-Top (OTT) media services such as Netflix, Hotstar, Amazon Prime, Gaana, Saavn, and the newest entrant in the Indian market, Spotify. Conclusion.

Music 98

Music Licensing Television Copyright Infringement 98

43(B)log

DECEMBER 1, 2022

Viacom also engaged a market research company to learn more about “southern beach culture,” which suggested that the term Flora-bama was “either unknown or though [sic] to refer strictly to the bar.” Deliberate copying was irrelevant. Grimaldi, 875 F.2d 2d 994 (2d Cir. 1989) in Univ. New Life Art, Inc., 3d 1266 (11th Cir.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

SpicyIP

DECEMBER 17, 2023

She notes that books published by foreign authors are printed and sold in large quantities abroad, including millions of copies. Moreover, by aligning their copyright durations with these international standards, a country would remain competitive in the global market and protect the rights of its own authors. 2180-2184).

Copyright 59

Copyright Publishing Music Artistic Work 59

Intepat

MAY 16, 2023

Ramkumar Jewellers (2012), the defendant copied the plaintiff’s advertisement picture containing a popular artistic pose of Amitabh Bachchan and Jaya Bachchan. Even though it was a marketing ploy for Puma’s Black Friday sales, this could be a substantial violation of publicity rights if it was not carried out with consent.

Branding 98

Branding Brands Branding Personality Rights 98

Patently-O

JANUARY 20, 2023

Some of the most beloved fixtures of the genre—time machines, faster-than-light space travel, teleportation, downloading memories, copying a consciousness, etcetera—are impossible or not yet possible when described by the author. Inventors’ autobiographies, interviews, speeches, and marketing efforts can reveal clues. 709 (2012).

Patent Law 94

Patent Law Law Inventor Patent 94

The IPKat

OCTOBER 7, 2021

Indeed, Motorola did not even have access to the infringing source code contained on the Qualcomm chips, which militates against a finding that Motorola deliberately copied SLC’s technology.” Thus, the FRAND undertaking is a safeguard that seeks to balance users' interests with SEP owners' interests in protecting their IP. 3d 1308, 1326 (Fed.

Licensing 57

Licensing Litigation Technology Patent 57

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. The key to avoiding plagiarism lies in the existence of an independent development. Let’s take a look. expression.

Intellectual Property 52

Intellectual Property Plagiarism Intellectual Property Law Copyright 52

43(B)log

AUGUST 5, 2021

Industry pushed very hard against cheap copying, and yet as of 2019 there were only 538 registrations in 20 years versus hundreds of thousands of utility patents. Through 2012, only about 1000 registered. Could we temporarily override rights in quantum tech to repair market power problems? Was more heavily used 1999-2003.

IP 45

IP Invention Designs Design 45

Fish & Richardson Trademark & Copyright Thoughts

MARCH 14, 2022

PDF copy available. In 2012, the America Invents Act (AIA) created a mechanism for challenging patents outside of the district court through post-grant review proceedings before the Patent Trial and Appeal Board (PTAB), primarily inter partes reviews (IPRs). 14, 2012). [2] Read the full article on Law360. 236 at 16-18 (D.

Litigation 52

Litigation Patent Art Licensing 52

Kluwer Copyright Blog

JUNE 20, 2023

This doctrine has a significant effect on the economic vitality of the NFT industry, especially when it comes to ‘online exhaustion’ and the prospect of a secondary market in digital content. Firstly, in conformity with the CJEU’s 2012 UsedSoft case, the exhaustion doctrine applies to first sales of computer software copies.

Artwork 98

Artwork Contracts Ownership IP 98

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. The other teams would then get the same knowledge. Patents can be filed by using PCT, which is more convenient. Such technology can be commercialized.

Intellectual Property 59

Intellectual Property Technology Confidentiality Journalism 59

43(B)log

AUGUST 22, 2022

Not all marketing of artistic works is noncommercial speech. 1934) (finding unenforceable the sale of a violin represented as a Stradivarius when buyer and seller were both mistaken and the violin was a cheap copy).] Zimbalist, 38 P.2d 2d 170 (Cal. And there was no evidence of a chilling effect from allowing false advertising claims.

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

LexBlog IP

JUNE 28, 2023

Accordingly, the Court held that the holder of the IP right to a computer program cannot object to the resale of a copy thereof where such a copy is accompanied by a licence for unlimited use, whether material or immaterial. The Court made specific reference to certain European Court of Justice decisions in this respect. (3)

Copying 52

Copying Copyright Law Copyright Editing 52

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

LexBlog IP

DECEMBER 20, 2023

The overarching goals are to stimulate a competitive data market, by allowing greater access to data and removing barriers to changing data service providers. It would seem that the Act intends for secondary legislation to set the specific mandatory standards of data interoperability.

Contracts 52

Contracts Business Law Journalism 52

The IPKat

JUNE 23, 2022

In most trade mark cases waiting a little longer to see the Defendant off the market would not, in my view, cause the Claimant a huge additional loss. 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

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

At the same time, market uptake of biosimilars in the United States continued to increase, suggesting that there is room for expansion of biosimilars in the U.S. In addition, fewer new biosimilars entered the market this past year, with five biosimilar launches in 2020 as compared to seven in 2019. Yet biosimilars of anti-TNF?

Settlement 52

Settlement Litigation Marketing Marketing 52

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.

Social Media 59

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 93

Copyright Infringement Copyright Fair Use Licensing 93