The IP Law Blog

AUGUST 4, 2022

The plaintiffs alleged that Instagram encouraged the embedding of photos in order to drive up advertising revenue. Breyer dismissed the case, holding that the media companies are not liable for direct copyright infringement and that Instagram is not liable for secondary copyright infringement. In September, U.S.

Copyright Infringement 98

Copyright Infringement Social Media Licensing Publishing 98

TorrentFreak

JUNE 22, 2023

A talented graphic designer, Bencko was responsible for Megaupload’s logo and ensuring that other sites in the group looked good and accommodated advertising properly. With his former colleagues’ names rarely out of the media for long, Bencko spent much of 2012 and early 2013 retweeting news about the Megaupload case.

Graphic Design 140

Graphic Design Reporting Designs Design 140

TorrentFreak

APRIL 21, 2022

According to the prosecution, the five sites offered access to copyright-infringing material and generated over a million euros in revenue between 2013 and 2018. The two eventually appeared on the radar of Spanish law enforcement.

Reporting 121

Reporting Copyright Infringement Advertising Advertising 121

43(B)log

DECEMBER 26, 2022

28, 2022) Brick and mortar infringement still exists, and this opinion considers both copyright and trademark claims. for unlawfully manufacturing, importing, advertising, marketing, selling, and distributing unauthorized, counterfeit versions of its popular CAKE brand of hemp-derived Delta-8 products. AKF sued LCF etc.

Copyright Infringement 59

Copyright Infringement Branding Brands Branding 59

LexBlog IP

AUGUST 4, 2022

The plaintiffs alleged that Instagram encouraged the embedding of photos in order to drive up advertising revenue. Breyer dismissed the case, holding that the media companies are not liable for direct copyright infringement and that Instagram is not liable for secondary copyright infringement. In September, U.S.

Copyright Infringement 52

Copyright Infringement Licensing Publishing Social Media 52

IP and Legal Filings

APRIL 19, 2022

It was recently uncovered that numerous internet platforms are posting infringing content on their websites without the approval of the copyright owners. Copyright infringement cases on the internet have increased because the internet has become more widely available. Legal Framework governing take down notice.

Copyright Law 73

Copyright Law Copyright Law Copyright Infringement 73

43(B)log

OCTOBER 4, 2021

Restellini alleged copyright infringement and related claims in connection with WPI’s digitization of certain material about the artist Amodeo Modigliani. WPI counterclaimed against Restellini and third-party Institut Restellini SAS – Documentation Centre alleging copyright infringement and false advertising.

False Advertising 59

False Advertising Artwork IP Advertising 59

LexBlog IP

FEBRUARY 28, 2022

Goldsmith counterclaimed for copyright infringement. The district court granted the Warhol Foundation’s motion for summary judgment, holding that the Prince Series was fair use, and dismissed Goldsmith’s counterclaim for copyright infringement. [9] fall within the scope of fair use.’” Id. 5 (quoting Google , 141 S.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

SpicyIP

DECEMBER 20, 2023

With further ado, here’s what I found in Novembers: Database Protection in India: Since Prof Basheer’s 2005 post about the inaccurate implication of the theft of data as copyright infringement, to 2023, not much seems to have changed. The Indian courts have further clarified this issue. see also Sourav Ganguly vs Tata Tea ).

Personality Rights 59

Personality Rights IP Licensing Copyright 59

The IPKat

FEBRUARY 23, 2023

In 2013, Cadbury’s registration for Pantone 2685C was held invalid because its description rendered it void for lack of certainty. This form of words was very like the version which failed in 2013 but with the most offending word therein, “predominant”, removed. It is not clear why, but Nestle did not appeal this decision.

Registration 76

Registration Advertising Advertising Law 76

43(B)log

DECEMBER 20, 2022

Nathan directed the allegedly infringing 2013 Documentary, which “tells the story of Pug, a thirteen-year-old child who wants to be a ‘12 O’Clock Boy,’ just like [he] has repeatedly watched in [the 2001 and 2003 Documentaries].” Defendants' 2013 documentary Both parties’ works are “docu-fiction” set in Baltimore. Nathan, F.Supp.3d

Fair Use 52

Fair Use Trademark Copyright Editing 52

TorrentFreak

JANUARY 30, 2024

The Pirate Bay, for example, started accepting bitcoin donations in 2013. The site surprisingly shut down in the spring of 2013. According to publicly released information, the operators earned money through advertising and dodgy subscription scams. Pirate sites were early adopters of cryptocurrency.

Copyright Infringement 103

Copyright Infringement Advertising Advertising Copyright 103

SpicyIP

FEBRUARY 13, 2023

Regardless, it sent a cease and desist to the defendants in 2022 who have a shop in Jaipur with a similar name and have registered the word mark in 2013. Delhi High Court directs Registry to advertise KFC’s ‘Chicken Zinger’ trademark. Check out the post for more details. Khan Chacha Hyderabadi Biryani and Ors.

Designs 52

Designs Design Trademark Cease and Desist 52

Technology & Marketing Law Blog

DECEMBER 13, 2023

opinion from 2013, where the court said: The Court need not decide, however, whether any contract could be preempted by the Copyright Act, because the contract that Craigslist alleges here involves a number of “extra element[s]” not merely “equivalent to” rights under the Copyright Act. TOU at 6-7.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

TorrentFreak

DECEMBER 2, 2021

Hollywood & Netflix File Copyright Infringement Lawsuit. Defendants use the Copyrighted Works as the bait to lure the largest possible audience, so that Defendants will profit from advertisements shown to their users. Advertising and Referral Schemes. Copyright Infringement Claims.

Advertising 122

Advertising Advertising Copying Copyright Infringement 122

Shades of Gray

NOVEMBER 2, 2016

10] It concluded that a case under the Lanham Act is “exceptional” if the losing party was the plaintiff and was guilty of abuse of process in suing, or if the losing party was the defendant and had no defense yet persisted in the trademark infringement or false advertising for which it was being sued, in order to impose costs on its opponent. [11].

Trademark 52

Trademark False Advertising Litigation Copyright 52

The IPKat

JUNE 23, 2022

Fenty v Arcadia [2013] EWHC 1945 (Ch) confirmed a long line of authority that this kind of evidence was admissible. A claim for copyright infringement and passing off was issued in December 2019. Retromark rarely strays into copyright, but that was the main basis of Shazam’s successful claim.

Branding 73

Branding Brands Branding Litigation 73

Kluwer Copyright Blog

NOVEMBER 8, 2021

“The European Court of Justice (CJEU) ruling in joined cases C-682/18 (YouTube) and C-683/18 (Cyando), concerning platform liability for copyright-infringing user uploads under Art. ” Read further posts on the Kluwer Copyright Blog here , the Kluwer Trademark Blog here and the Kluwer Patent blog here.

Blogging 52

Blogging Non-Fungible Tokens Law IP 52

SpicyIP

JANUARY 16, 2023

On acquired distinctiveness, the court clarified that commercial success like high sales or expenses incurred in advertisement does not in itself guarantee a presumption of secondary meaning for a descriptive mark. Delhi High Court issues summons to US audio-video platform ‘Triller’ on allegations of copyright infringement by Yashraj Films.

Trademark 102

Trademark Designs Design Registration 102

Copyright Lately

OCTOBER 25, 2021

But Lewis thought the song was a rip-off of “I Want a New Drug” and asserted a copyright infringement claim against Columbia Pictures. “The Conjuring” (2013). affirmed the district court’s grant of summary judgment for the advertisers. The lawsuit, Brittle v. Warner Bros. ” 13.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

SpicyIP

JANUARY 2, 2022

Sonal Infosystems the Court held that registration of a copyright is a pre-condition for claiming relief for copyright infringement, thus reading into the legislative framework a non-existent requirement. Several petitions in the Madras High Court challenged the validity of rule 29(4) of the Copyright Rules, 2013.

IP 143

IP Intellectual Property Copyright Trademark 143

IP and Legal Filings

MAY 3, 2023

University Tutorial Press was sued by the plaintiff, University of London Press, for copyright infringement. Both engaged in fierce competition for Yellow Pages advertising. 8] 2011(47) PTC 494(Del) Facebook Twitter LinkedIn WhatsApp The post Evolution of Tests of Creativity in Copyrights first appeared on IPLF.

Copyright 90

Copyright Public Domain Copying Publishing 90

LexBlog IP

JULY 21, 2021

In Europe and the United States at least, every trademark has at least three purposes: (1) It identifies the origin of a product or service; (2) It guarantees consistent quality of that good or service; (3) It serves as symbolic communication as a basis for publicity and advertising. ” Welsh (2015) at 134.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

IP and Legal Filings

DECEMBER 6, 2023

the Apex Court held that one of the inherent aspects of the right to privacy as enshrined under Article 21 of the Constitution is the right to prevent others from using the person’s name or likeness without his consent for advertising or non-advertising purposes. State of T.N., InRaja Pocket Books v. 2007, I, no. 125, pourvoi no.

Privacy 99

Privacy Intellectual Property Law Intellectual Property Advertising 99