Biswajit Sarkar Copyright Blog

SEPTEMBER 13, 2023

CHRONICLES OF A PLAGIARISED “PHOTOGRAPH”: The song “Photograph” was released in the year 2014. This time around he was accused of copying Marvin Gaye and Ed Townsend’s hit song “Let’s Get It On”. However, in 2022, the Sheeran found himself engaged in another copyright infringement litigation over the said song.

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Copyright Infringement Copyright Plagiarism Music 80

Technology & Marketing Law Blog

MARCH 15, 2022

The court says the takedown notices are covered by the litigation privilege: “Since the statements at issue here were made to Amazon during the notice and takedown period, they are absolutely privileged. So extending the litigation privilege to DMCA takedown notices seems like an overreach. Defamation. See, e.g., Petrella v.

Copyright 130

Copyright Cease and Desist Fair Use Litigation 130

LexBlog IP

JANUARY 11, 2023

The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. The deposit can be either a physical copy of the mask work or a digital copy in a format specified by the Office. when the mask work is involved in litigation. In particular, Section 1213.2

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Copyright Lately

DECEMBER 29, 2021

This is actually the second year in a row that long-running copyright litigation involving Pirates of the Caribbean has made my “worst of” list. Judge Rakoff held that the fact that Sinclair didn’t actually possess a copy of Nicklen’s video didn’t mean that Sinclair wasn’t responsible for displaying it. Walt Disney Company.

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Copyright Fair Use Social Media Copying 113

The IPKat

AUGUST 2, 2023

Before she hangs up her litigation gloves, her goal is to work on a case involving airplanes. However, it was only when Alcoa learned that Boeing was redirecting $200 million in sales to UAC in August 2014 did Alcoa say it became aware of the extent of the alleged trade secret misappropriation (see [7] of Complaint).

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Confidentiality Litigation Privacy Technology 52

Patently-O

JANUARY 28, 2024

by Dennis Crouch Ficep begins its petition for certiorari with a brilliant statement of how its patented steel manufacturing method has won numerous awards and complements for its innovative approach, been copied by competitors, and led to numerous successful sales. There was copying by competitors. 208 (2014).

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Technology Invention Designs Design 81

The IPKat

OCTOBER 7, 2021

In the second of a two-parter opinion piece, two US patent and anti-trust litigators in the form of Mark Selwyn , Tim Syrett and Alix Pisani of WilmerHale (who have acted in some of these cases) discuss their view of what is going on and where the answer might, and should lie. 5 In Core Wireless Licensing S.A.R.L.

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Licensing Litigation Technology Patent 57

Kluwer Copyright Blog

FEBRUARY 2, 2023

Litigation against generative AI started in 2022 with a class action launched against Copilot , an AI trained to generate computer code using examples from Github. Text and data mining There is wide disparity in the scope of exceptions in national copyright laws permitting copying for the use of training AI.

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Copyright Art Fair Use Registration 145

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 9, 2022

PDF copy available. Supreme Court’s 2014 Octane Fitness LLC v. For category placement, we relied on data collected and analyzed in the Stanford Law School NPE Litigation Database.[6] The first type of reform requires that a bond be posted for the anticipated cost of litigation. Read the full article at Law360.

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SpicyIP

AUGUST 10, 2023

Thereafter the Appellant requested for extensions to file their evidence and on 09 May, 2014, they filed for an Interlocutory petition, (IP), accompanied by affidavits, as, constituting the evidence in support of their application. In case any of our readers have access to the court’s order, please feel free to share.]

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TorrentFreak

JANUARY 6, 2023

Despite YouTube’s findings that at least one member of the putative class acted fraudulently (Pirate Monitor) to fabricate ‘evidence’ of YouTube’s alleged shortcomings in support of the lawsuit, litigation continued. The statute also has a ‘scienter’ requirement, i.e intent or knowledge of wrongdoing.

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Copyright Music Licensing Publishing 115

LexBlog IP

JULY 5, 2023

When Abitron purchased Hydronic in 2014, they began selling products identical to Hetronic’s remote controls in foreign markets with the recognizable black-and-yellow coloring. Prior to litigation, Abitron’s global sales revenue from infringing products amounted to over $90 million, of which $240,000 came from U.S.

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SpicyIP

MARCH 29, 2024

Thus, the Controller further directed the Appellant to file a fresh translated copy of the PCT application. The Appellant was again directed to file the verified copy of the English translation of the international patent application. It is at this point that this set of claims were directed towards an “insecticidal composition”.

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Fish & Richardson Trademark & Copyright Thoughts

AUGUST 22, 2022

PDF copy available. Law school and year of graduation: Emory University School of Law, 2014. Cheng: Before joining Fish as a trademark and copyright associate, I was an associate at Kenyon & Kenyon in New York, where I worked on patent litigation for about a year and a half. See below for the full Q&A. Vivian Cheng: 6.5

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Litigation Copyright Law Business Trademark 52

LexBlog IP

MAY 11, 2023

The two artists are far from comparable, but Ed Sheeran was taken to court in a headline-grabbing lawsuit for allegedly copying Marvin Gaye. On May 4th, Ed Sheeran, who vehemently denied copying the elements found in Gaye’s and Townsend’s hit song, won the lawsuit, which ostensibly sought $100 million in damages.

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Music Copyright Infringement Intellectual Property Copying 52

43(B)log

JULY 3, 2023

Industria became aware of Latinfood’s Zenú and Ranchera products sometime between October 2013 and September 2014. Its cancellation petition for Zenú has been suspended during this litigation. And the copying here could also lead to an inference of deception. “The Did intentional copying show intent to confuse?

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Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 21, 2020

As of July 2020, roughly 7,600 applications containing the word “blockchain” had been filed, up from only 37 in 2014 ( see Figure 1). A blockchain is distributed among a network of processing nodes (described below), where each node stores a partial or full copy of the blockchain. USPTO statistics confirm blockchain’s ascendance.

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Technology Copying Invention Patent Prosecution 76

azrights

MARCH 15, 2021

Securing legal protection gives you scope to build associations to your brand name without fear of competitor copying. Secondly, they made strategic use of the available IP protections to protect the bottle shape against copying once they began to use it. In a case involving Jack Wills Limited and the House of Fraser stores in 2014.

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LexBlog IP

JULY 18, 2023

At least one judge has defined the boundaries for litigants appearing in his court. Amazon had reportedly been developing a program since 2014 to automate review of job applicant resumes. Finding the balance between those competing interests is always challenging and Generative AI is making it all the more so.

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IP Tech Blog

JULY 18, 2023

At least one judge has defined the boundaries for litigants appearing in his court. Amazon had reportedly been developing a program since 2014 to automate review of job applicant resumes. Finding the balance between those competing interests is always challenging and Generative AI is making it all the more so.

Business 52

Business Law Social Media Reporting 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

PDF copy available. Usually, consumer adoption of a given technology correlates to the level of IP litigation. patent litigation. 208 (2014). Despite the AI market growth and AI-related patent filings, patent owners were reluctant to bring litigation over AI technologies. Read the full article on Bloomberg Law.

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43(B)log

DECEMBER 1, 2022

Chesney also performed on the Lounge’s beachfront stage at a 2014 concert broadcast as “Kenny Chesney: Live at the Flora-Bama” on Country Music Television (CMT), a Viacom channel. Deliberate copying was irrelevant. The agreement granting CMT a license to broadcast that program does not mention Plaintiffs. Yet both artists won.”

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Artistic Work Television Trademark Trademark Law 64

The IPKat

JUNE 23, 2022

easyGroup Ltd v Nuclei Ltd [2022] EWHC 901 (Ch) (April 2022) Serial trade mark litigant easyGroup, the vehicle for Sir Stelios to seek to monopolise the word “easy” for travel and just about everything else, received some comeuppance before Mrs Justice Bacon. They were so struck out. Those watch faces bore Swatch’s trade marks.

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Branding Brands Branding Litigation 73

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the case of Alice Corp v CLS Bank International, the US Supreme Court in 2014 held that claims to a computer-associated technique of mitigating “settlement risk” in various financial transactions were barred from patenting. For example- Zhong An, a Chinese Insurance Company functions on various innovative blockchain technologies.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the case of Alice Corp v CLS Bank International, the US Supreme Court in 2014 held that claims to a computer-associated technique of mitigating “settlement risk” in various financial transactions were barred from patenting. For example- Zhong An, a Chinese Insurance Company functions on various innovative blockchain technologies.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the case of Alice Corp v CLS Bank International, the US Supreme Court in 2014 held that claims to a computer-associated technique of mitigating “settlement risk” in various financial transactions were barred from patenting. For example- Zhong An, a Chinese Insurance Company functions on various innovative blockchain technologies.

Technology 52

Technology Patent IP Invention 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings. BPCIA Litigation. Antitrust Litigation. 2014; resubmitted Oct. BPCIA Litigation.

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Litigation Settlement Marketing Marketing 52

Copyright Lately

AUGUST 2, 2022

Justice Ginsburg upheld the precise “wait and see” approach to copyright litigation adopted by Netflix: It is hardly incumbent on copyright owners. 1962, 1976 (2014). Copyright owners should be able to defend their works against substantial unauthorized copying used for profit. Metro-Goldwyn-Mayer, Inc. Petrella v.

Music 102

Music Derivative Work Fair Use Cease and Desist 102

Patently-O

MAY 8, 2023

During the litigation, UCANN filed for bankruptcy, causing the case to be stayed, and eventually, the parties stipulated to a dismissal of the infringement claims with prejudice. The usual rule in American litigation is that each party pays their own attorney fees – win or lose. 545 (2014). 559 (2014).

Litigation 69

Litigation Patent Prosecution Art Plagiarism 69

Michael Geist

AUGUST 5, 2021

York University has unsurprisingly been applauded by the education community, which having faced years of litigation launched by the copyright collective, now finds its position vindicated. Last week’s Supreme Court of Canada copyright decision in Access Copyright v. The same was true after the Access Copyright v.

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Copyright Copying Licensing Litigation 145

Technology & Marketing Law Blog

AUGUST 30, 2021

The ruling overturns a “seismic” district court ruling from 2014 that I wrote about in a previous blog post , one that “threaten[ed] to undo a 75-year-old consensus that state law does not provide a public performance right for sound recordings.” Flo & Eddie, Inc. Sirius XM Radio, Inc. , 17-55844 (9th Cir. One year later, on Sept.

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Blogging Copyright Settlement Ownership 87

Patently-O

JANUARY 31, 2023

A complete copy of this year’s release is archived at [link]. A copy of the codebook is available at these locations as well. But it is a drop from 2014-2020. I’ve also saved a copy of my Excel workbook with the graphs on the Dataverse archive. Figure 3 What about compared to the court’s overall decisions?

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Copying Litigation Intellectual Property Law Patent Infringement 72

Patently-O

DECEMBER 11, 2023

The copyright law implications of AI training are currently being litigated in several different federal copyright infringement actions. 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. 2014); Authors Guild v.

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Copyright Fair Use Copyright Law Copyright Infringement 96

Trading Secrets

JUNE 3, 2022

The district court reasoned that plaintiff needed to demonstrate that the corporate defendant copied plaintiff’s project in order to satisfy the “use” requirement under the DTSA. The court also found that a patent filed by another company in November 2014, contained features depicted in plaintiff’s conceptual drawings. May , 313 Or.

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Technology & Marketing Law Blog

JUNE 20, 2023

Similarly, when an artist lawfully creates a derivative work based on a photograph, and copies of that derivative work are reproduced and distributed to the public, ordinarily the owner of copyright in the photograph and the owner of copyright in the derivative work are entitled to royalties. . 36, because remote controls did not exist.)

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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. York argued that it was not bound by the tariff because it had not agreed to its terms and counter-claimed that any copying at issue was in any event covered by fair dealing.

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Copyright Copying Copyright Infringement Licensing 99

Technology & Marketing Law Blog

MAY 15, 2024

1962 (2014). 2014) (collecting cases). One Music Specialist work (“Jam the Box”) was interpolated into Flo Rida’s hit song “In the Ayer,” which sold millions of copies and reached No. 663, 671 (2014)…. Metro-Goldwyn-Mayer, Inc. , 663, 134 S. See Psihoyos v. John Wiley & Sons, Inc. , 3d 120, 124 n.3 Petrella v.

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