2014, Copying, Marketing and Ownership - Intellectual Property Pulse

Supreme Court Fixes One Problem with the Copyright Statute of Limitations, But Punts Another — Warner Chappell Music v. Nealy (Guest Blog Post)

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. at 1-2] At its heart, therefore, this case is a dispute about copyright ownership. Metro-Goldwyn-Mayer, Inc. , 663, 134 S. See Psihoyos v.

Music

Music Blogging Copyright Ownership

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

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. Industria became aware of Latinfood’s Zenú and Ranchera products sometime between October 2013 and September 2014. Prior import plans in 2010-11 were paused.

False Advertising

False Advertising Advertising Advertising Registration

A Seismic Ruling Undone: California’s Sound Recording Copyright Statute Does Not Include Public Performance Rights—Flo & Eddie v. Sirius XM (Guest Blog Post)

Technology & Marketing Law Blog

AUGUST 30, 2021

Court of Appeals for the Ninth Circuit held that California Civil Code section 980(a)(2) , which grants “exclusive ownership” of a sound recording fixed before February 15, 1972, to its “author,” provides only an exclusive right of reproduction and distribution, and does not provide an exclusive right of public performance. 17-55844 (9th Cir.

Blogging

Blogging Copyright Settlement Ownership

2023 Quick Links: IP, Keyword Ads

Technology & Marketing Law Blog

DECEMBER 27, 2023

512(f) case in the context of an ownership dispute is sent to a jury. The rarity of … evidence [of actual confusion] makes even a few incidents highly probative of the likelihood of confusion.” * In 2014, Defendants’ executive assistant sent a LinkedIn message seeking to arrange an introduction call to KeyBank, a client of Plaintiffs.

IP

IP Advertising Advertising Copyright

SpicyIP Weekly Review (February 05- February 11)

SpicyIP

FEBRUARY 12, 2024

Other Posts A Case of ‘Smart Copying’: ‘Peace Maker’ Restrained from Imitating ‘Officer’s Choice’ image from here Do you enjoy your whiskey? Case Summaries Gujarat Cooperative Milk Marketing v. Would you mix up these two labels: Officers Choice and Peace Maker? Well, it appears the courts think most consumers would.

Trademark

Trademark Social Media Registering Trademarks Copyright

Court Mistakenly Thinks Copyright Owners Have a Duty to Police Infringement–Sunny Factory v. Chen

Technology & Marketing Law Blog

MARCH 15, 2022

663 (2014) (“It is hardly incumbent on copyright owners, however, to challenge each and every actionable infringement”). Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. See, e.g., Petrella v. Alper Automotive v.

Copyright

Copyright Fair Use Cease and Desist Litigation

The Growing Popularity of NFTs: How to Protect Your NFT Personal Property Rights

LexBlog IP

FEBRUARY 21, 2022

Although NFTs have been around since 2014 , this asset class has only just experienced its first and quite remarkable outgrowth , thus staking its claim in the broader blockchain industry. With an astounding $17.7 The cat painting itself does not usually immutably exist on the blockchain. This analysis will roughly follow the below examples.

Ownership

Ownership Art Artwork Non-Fungible Tokens

Precedential No. 18: TTAB Orders Cancellation of Two Registrations Under Section 14(3) Due to Registrant's Misrepresentation of Source

The TTABlog

JULY 6, 2021

Coca-Cola submitted evidence of its ownership of the marks THUMS UP and LIMCA in India for soft drinks, where the marks are well known. 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. Dickinson Co. , See L’Oreal S.A. Belmora , 819 F.3d

Registration

Registration Marketing Marketing Branding

Intellectual Property Tools for Protecting Fashion Goods

LexBlog IP

JULY 5, 2022

In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] Fashion companies should be aware that they may need to obtain a license to, or ownership of, the copyright from the photographer. Take, for example, a T shirt which features a painting, sculpture, or even graffiti.

Intellectual Property

Intellectual Property Design Patent Designs Design

The Ninth Circuit Reaffirms the Discovery Rule for the Copyright Act’s Statute of Limitations — Starz v. MGM (Guest Blog Post)

Technology & Marketing Law Blog

JULY 25, 2022

1962 (2014), the U.S. 2014) (collecting cases). It’s copyright infringement because an exclusive license is a transfer of copyright ownership. And the Copyright Act specifically defines a “transfer of copyright ownership” to include an “exclusive license … whether or not it is limited in time or place of effect.”

Blogging

Blogging Copyright Licensing Copyright Infringement

Intellectual Property Tools for Protecting Fashion Goods

Above the Fold

JULY 5, 2022

In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] Fashion companies should be aware that they may need to obtain a license to, or ownership of, the copyright from the photographer. Scenario 2: Protecting Novel Designs by Patent. Dental Products Co. ,

Intellectual Property

Intellectual Property Design Patent Designs Design

Generative AI Is Changing How We Do Business and How We Practice Law

LexBlog IP

JULY 18, 2023

At the same time, we are obligated by both ethical rules and market conditions to offer reasonable rates – which in turn make the use of generative AI compelling. Amazon had reportedly been developing a program since 2014 to automate review of job applicant resumes. Other industries have been reckoning with bias in AI as well.

Business

Business Law Reporting Music

Generative AI Is Changing How We Do Business and How We Practice Law

IP Tech Blog

JULY 18, 2023

At the same time, we are obligated by both ethical rules and market conditions to offer reasonable rates – which in turn make the use of generative AI compelling. Amazon had reportedly been developing a program since 2014 to automate review of job applicant resumes. Other industries have been reckoning with bias in AI as well.

Business

Business Law Social Media Reporting

Branding – Uniqueness and Fame

azrights

MARCH 15, 2021

This protects your underlying business because the trust that the market has in the Nike goods is what motivates them to buy the brand’s products. Securing legal protection gives you scope to build associations to your brand name without fear of competitor copying.

Branding

Branding Brands Branding Trademark

Why Netflix’s “Bridgerton” Lawsuit is Good for Fan Fiction

Copyright Lately

AUGUST 2, 2022

And unlike the vast majority of songwriters and performing artists who have relinquished ownership rights to musical publishers and record labels, Barlow & Bear decided to release “The Unofficial Bridgerton Musical” themselves, which means keeping more of the earnings. 1962, 1976 (2014). Petrella v.

Music

Music Derivative Work Fair Use Cease and Desist

What is Blockchain Technology and has it been Patented?

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes.

Technology

Technology Patent IP Invention

What is Blockchain Technology and has it been Patented?

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes.

Technology

Technology Patent IP Invention

What is Blockchain Technology and has it been Patented?

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes.

Technology

Technology Patent IP Invention

Italian Supreme Court says that the quotation exception in copyright law only applies to partial reproductions of works, never to works in their entirety

The IPKat

MARCH 13, 2022

In 2014, the Milan Court of First Instance dismissed the action in its entirety.

Copyright Law

Copyright Law Copyright Law Artwork

Copyright, Free Speech Clash in Dispute Over Cameron Boyce’s Final Film

Copyright Lately

MARCH 6, 2023

The company also asserts copyright ownership in two “director’s statements” written by Coakley about the alleged on-set bullying, as well as in Coakley’s planned derivative project about the making of Runt. .” Copyright Office, claiming ownership through a written agreement with Coakley.

Copyright

Copyright Derivative Work Fair Use Social Media

Principal Cynthia Walden and Associate Sarah Kelleher Author World Intellectual Property Review Article “Selling the Intangible in Fashion: What Does It Mean for Trademark Protection?”

Fish & Richardson Trademark & Copyright Thoughts

JUNE 16, 2022

PDF copy available. NFTs are data units stored on a blockchain used to transfer ownership of physical items or digital media with smart contracts. As technology and art advance, markets are never far behind. Read the full article on World Intellectual Property Review. The NFTs act to authenticate these items.

Non-Fungible Tokens

Non-Fungible Tokens Intellectual Property Trademark Branding

“What’s Mine Is Not Yours To Give Me”—Nor To Take Without Just Compensation: A New Jersey’s Reaction To Sovereign Immunity, Intellectual Property, & Takings

LexBlog IP

JANUARY 5, 2022

26 , rejected the claim that taking away, or ignoring, the ability-to-control indicia of ownership amounts to a taking: Similarly, property rights, including copyright, have been described as ownership of a bundle of rights or interests. 34,] 51-61[(2014) ]. Maclean Hunter Market Reports, Inc., Nation Enters.,

Intellectual Property

Intellectual Property Government Invention Copyright

WHAT, IN THE NAME OF GOD, …?: Intellectual Property Rights In Holy Names, Sacred Words, & Other Aspects of Creation

LexBlog IP

JULY 21, 2021

provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. market for religious publishing and products at $6.8 One can recognize the importance of God’s names spiritually, of course, as Dr. Tony Evans has in his 2014 book, The Power of God’s Names. 75, 79 (2020).

Intellectual Property

Intellectual Property Invention Trademark Copyright

Fish Principals Author Intellectual Property & Technology Law Journal Article, “Strategic IP Considerations of Batteries and Energy Storage Solutions”

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

PDF copy available. But as more players enter the market and obtain patent protection for their innovations, IP disputes among competitors are heating up. The lithium-ion battery, introduced commercially in 1991, revolutionized the consumer electronics industry. higher energy density), and more durable than lithium-ion batteries.

Intellectual Property

Intellectual Property Technology Journalism IP

Biosimilars 2020 Year in Review

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. 2014; resubmitted Oct.

Litigation

Litigation Settlement Marketing Marketing

Intellectual Property Pulse

Supreme Court Fixes One Problem with the Copyright Statute of Limitations, But Punts Another — Warner Chappell Music v. Nealy (Guest Blog Post)

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

Trending Sources

A Seismic Ruling Undone: California’s Sound Recording Copyright Statute Does Not Include Public Performance Rights—Flo & Eddie v. Sirius XM (Guest Blog Post)

2023 Quick Links: IP, Keyword Ads

SpicyIP Weekly Review (February 05- February 11)

Court Mistakenly Thinks Copyright Owners Have a Duty to Police Infringement–Sunny Factory v. Chen

The Growing Popularity of NFTs: How to Protect Your NFT Personal Property Rights

Precedential No. 18: TTAB Orders Cancellation of Two Registrations Under Section 14(3) Due to Registrant's Misrepresentation of Source

Intellectual Property Tools for Protecting Fashion Goods

The Ninth Circuit Reaffirms the Discovery Rule for the Copyright Act’s Statute of Limitations — Starz v. MGM (Guest Blog Post)

Intellectual Property Tools for Protecting Fashion Goods

Generative AI Is Changing How We Do Business and How We Practice Law

Generative AI Is Changing How We Do Business and How We Practice Law

Branding – Uniqueness and Fame

Why Netflix’s “Bridgerton” Lawsuit is Good for Fan Fiction

What is Blockchain Technology and has it been Patented?

What is Blockchain Technology and has it been Patented?

What is Blockchain Technology and has it been Patented?

Italian Supreme Court says that the quotation exception in copyright law only applies to partial reproductions of works, never to works in their entirety

Copyright, Free Speech Clash in Dispute Over Cameron Boyce’s Final Film

Principal Cynthia Walden and Associate Sarah Kelleher Author World Intellectual Property Review Article “Selling the Intangible in Fashion: What Does It Mean for Trademark Protection?”

“What’s Mine Is Not Yours To Give Me”—Nor To Take Without Just Compensation: A New Jersey’s Reaction To Sovereign Immunity, Intellectual Property, & Takings

WHAT, IN THE NAME OF GOD, …?: Intellectual Property Rights In Holy Names, Sacred Words, & Other Aspects of Creation

Fish Principals Author Intellectual Property & Technology Law Journal Article, “Strategic IP Considerations of Batteries and Energy Storage Solutions”

Biosimilars 2020 Year in Review

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