Liberté, Egalité, Fraternité

Shades of Gray

Nous sommes tous Parisiens. The post Liberté, Egalité, Fraternité appeared first on Shades of Gray

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Take a Deep BreathNinth Circuit Affirms Yoga Sequence Uncopyrightable

Shades of Gray

This morning, the Ninth Circuit Court of Appeals issued its ruling in the Bikram yoga case, affirming that a yoga sequence is an uncopyrightable system or method. The plaintiff had obtained a copyright registration for a book in which the sequence was published, but that registration could not extend to the sequence itself because the sequence was a “system” or “method” of working the body’s muscles, ligaments and tendons to achieve optimal health.

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Sing It!Judge Rules Warner-Chappell Does Not Own Copyright in “Happy Birthday” Lyrics

Shades of Gray

Yesterday a federal judge ruled that Warner-Chappell does not own copyright in the lyrics to the song “Happy Birthday.” ” The lawsuit addressed only the lyrics, as the parties agreed that the music passed into the public domain long ago. The opinion is a beast, weighing in at a very dense 43 pages, and leaves the reader hanging until the very last minute.

Music 40

“Holy copyright law, Batman!”Court affirms Batmobile is copyrightable

Shades of Gray

The Ninth Circuit Court of Appeals has affirmed that the Batmobile is copyrightable and that an individual who made and sold replicas of it is liable for infringement. The post <strong>“Holy copyright law, Batman!”<br/><font ”<br/><font size=4px>Court affirms Batmobile is copyrightable</strong></font> appeared first on Shades of Gray. Copyrightability copyright is fun copyrightability litigation Ninth Circuit

Flo & Eddie 2, SiriusXM 1 Florida Grants Summary Judgment to Sirius on pre-1972 sound recordings

Shades of Gray

The Southern District of Florida has granted summary judgment to SiriusXM on Flo & Eddie’s claims that Sirius infringed Flo & Eddie’s public performance rights under Florida state law by streaming pre-1972 sound recordings.

Where Do They Go? They Go UpFlo & Eddie Class Cert on Interlocutory Appeal

Shades of Gray

The Central District of California has stayed Flo & Eddie v. Sirius XM and certified for interlocutory appeal its grant of class certification. This is an interesting development, as the court earlier declined to certify for interlocutory appeal its grant of summary judgment to Flo & Eddie on the merits. You can read the opinion here. The post <Strong>Where Do They Go?

New Empirical Data Demonstrates Continued Failure of IEEE 2015 Patent Policy

JD Supra Law

I have written extensively about the many negative effects of the 2015 IEEE patent policy and it was gratifying to see the US Department of Justice (DOJ) acknowledging these negative effects (p9).

IP 86

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. In 2015, the BGH ruled that managing directors have limited liability in copyright matters.

Biden Nominates First Chief Innovation and Intellectual Property Negotiator

IP Watchdog

The position has not been filled since its creation in 2015. Government IP News IPWatchdog Articles Chief Innovation and Intellectual Property Negotiator Christopher Wilson innovation intellectual property Katherine Tai President Biden Trade Facilitation and Trade Enforcement Act of 2015 U.S.

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 2 of 4: Exploitation rights

Kluwer Copyright Blog

Part 1 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 is available here , and parts 3 and 4 will be published on the blog over the coming days. .

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 3 of 4: Related rights and exceptions and limitations

Kluwer Copyright Blog

Parts 1 and 2 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here and here , and part 4 will be published on the blog shortly.

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 1 of 4: Definition of a work, authorship and moral rights

Kluwer Copyright Blog

In order to bring readers up to date on earlier developments, over the next few days we will be republishing in four parts an article (originally published in “Auteurs & Media”) summarising case law from 2015 to 2019 organised by topic. 2] BGH, 16 April 2015, GRUR 2015, 1189. [3]

ISO Certification

IP and Legal Filings

For example, instead of “ISO Certified” ISO recommends using the phrase “ISO 9001:2015 Certified” this fully identifies the standard being certified, including version in this case, the version of ISO 9001 released in 2015. ISO 2001:2015 Environment Management System.

Meta Shifts Trademark Reality

Greenspoon Marder LLP

METAx LLC has been operating in the augmented reality space since at least 2015. By: Justin McNaughton, Partner Sometimes you do all the right things, and it isn’t enough. Sometimes you think you’ve done all the right things, but maybe you’ve missed something.

Study finds hotly debated IEEE patent policy had no impact on Wi-Fi standard contributions

IAM Magazine

But while major licensors continue to participate in development of the wireless standard, many have done so while declining to adopt the 2015 rules.

From Marshall to San Francisco: Transfer Pays Off for Patent Challengers

JD Supra Law

Eolas Technology filed patent infringement actions against Amazon, Google, and Walmart in the Eastern District of Texas in 2015.

July 4, 2022

JD Supra Law

We begin with the appropriately named Fourth of July Echinacea, the subject of PP26075, issued November 10, 2015: By: Harness IPIt’s the Fourth of July, 2022, and time to celebrate the holiday, as this blog always does, with patents.

Marco Randazza SLAPPS back

Likelihood of Confusion

Randazza (@marcorandazza) April 22, 2015 My brother-from-another-mother Marc Randazza is obsessed these days, The post Marco Randazza SLAPPS back appeared first on LIKELIHOOD OF CONFUSION™. Spread the word. If you care about free speech anywhere, spread the word. link] — Marc J.

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Study finds hotly debated IEEE patent policy had no impact on Wi-Fi standard contributions

IAM Magazine

But while major licensors continue to participate in development of the wireless standard, many have done so while declining to adopt the 2015 rules. Analysis Frand/SEPS Patents

Amway Awarded $13M Interest In Copyright Coverage Row

IP Law 360

An AIG unit that was ordered to reimburse Amway for a 2015 copyright infringement suit must pay an additional $13 million to cover penalty and prejudgment interest, a Michigan federal court ruled, bringing the five-year coverage dispute to a close

ToolGen Files Opposition to CVC Contingent Responsive Preliminary Motion No. 1

JD Supra Law

14/685,504, filed April 7, 2015, or U.S. On June 11th, Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC") filed its Responsive Preliminary Motion No. 1 in Interference No.

CVC Files Reply to ToolGen's Opposition to CVC's Responsive Motion No. 1

JD Supra Law

14/685,504, filed April 7, 2015, or U.S. On June 11th, Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC") filed its Responsive Preliminary Motion No. 1 in Interference No.

Hirshfeld Announces Timeline for Departure from USPTO

IP Watchdog

Hirshfeld became Commissioner for Patents with the USPTO in 2015.

Federal Judge Holds Swiss Cheese Makers’ Claim to Gruyere Full of Holes

JD Supra Law

This case began with a 2015 application by Interprofession du Gruyère, a Swiss registered association, and Syndicat Interprofessionnel du Gruyère , a French syndicat for a certification mark GRUYERE. INTERPROFESSION DU GRUYÈRE, et al., DAIRY EXPORT COUNCIL, et al.,

Law 52

La nuova disciplina del “Patent Box” - aggiornamento alla luce del entrata in vigore della legge n. 234 del 2021

JD Supra Law

190 del 2014 (“Legge di Stabilità 2015”). Premessa: le novità sul Patent Box - L’articolo 6 del decreto-legge n. 146 del 2021 (c.d. Decreto Fisco-Lavoro”), di recente modificato dalla legge n.

Law 52

3 Count: Pop Trio

Plagiarism Today

The lawsuit was filed by musicians Sami Chokri and Ross O’Donoghue, who claim that Shape of You infringes on their 2015 work Oh Why. The lawsuit was filed by a trio of songwriters, who alleged that the duet was an infringement of their 2015 song Dancing with a Stranger.

Court records show hidden dealings behind Netlist-Samsung patent licence – and how it all fell apart

IAM Magazine

The memory and storage technology company won a key ruling that a 2015 cross-licensing agreement was breached, but now must contend with a countersuit from the Korean giant.

Stakeholders weigh in on controversial IEEE patent policy

IAM Magazine

After submissions from SEP owners and implementers, the standard association’s board of governors must now decide whether to make changes to the 2015 document.

3 Count: Lit Appeal

Plagiarism Today

According to Campbell, Everyday We Lit is an infringement of his 2015 song Everything Be Lit. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Music Producer Challenges Copyright Infringement Claims Over Hit Rap Song.

FDA Biosimilar Approval Recap – 2021

JD Supra Law

From 2015 (when there was only a single approved biosimilar, Sandoz’s Zarxio®, see chart. The U.S. Food and Drug Administration approved four biosimilar drugs in 2021 under the provisions of the Biologics Price Competition and Innovation Act (BPCIA, codified at 42 U.S.C. §

Law 87

Pfizer: light on patent filings and heavy on abandonments

IAM Magazine

An IP purge between 2011 and 2015 saw the lapse of many of the rights the pharma giant developed itself, as well as a number of those it had acquired.

IP 52

Mechanisms, Governance, and Policy Impact of SEP Determination Approaches

IP Watchdog

There were 17,623 new declared patent families in 2020, compared to 6,457 in 2015 (see Figure 1). The 5G standard alone counts over 150,000 declared patents since 2015.

3 Count: Billions Dismissal

Plagiarism Today

Next up today, Joseph Brean at the National Post reports that an Ontario court has given the go ahead for a lawsuit filed by Damon Pourshian, a former student at Sheridan College, against Disney, Pixar and other subsidiaries over alleged infringement in the 2015 film Inside Out.

Quickest Appellate Decision

Patently-O

September 24, 2015) (non-precedential). 14, 2015 and directed to a system for recovering drilling fluid by using an improved “shaker.” ” A month later, May 15, 2015, M-I sued FPUSA for patent infringement in W.D.Tex and requested a preliminary injunction.

Amway Scores $24M From AIG Unit In Copyright Dispute

IP Law 360

An AIG unit must pay Amway more than $24 million to cover the marketing company for defense and settlement costs related to a 2015 copyright infringement suit, a Michigan federal judge said Monday, in a ruling that went against the insurer on nearly every issue

ABA, AARP Sued By Moving Co. Over 'Wise Moves' TM

IP Law 360

A Maryland moving company that trademarked the name "Wise Moves" in 2015 hit the American Bar Association and the AARP with a trademark infringement suit in Illinois federal court on Friday over a book the two organization published in 2020 bearing the same name

In Copyright Win for Ed Sheeran, UK High Court Says Differences Between ‘Shape of You’ and ‘Oh Why’ Outweigh Similarities

IP Watchdog

The court held that Sheeran did not copy a part of Defendant Sami Chokri’s 2015 song called “Oh Why.” On April 6, the UK High Court issued a judgment of non-infringement in favor of artist Ed Sheeran over his 2017 song, “Shape of You.”

3 Count: 10,000 Hours

Plagiarism Today

The lawsuit was filed by Louis Kohus, who claims to have designed some eight drafts of the badge for the department in 2015. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Dan + Shay, Justin Bieber Sued for ‘10,000 Hours’ Copyright Infringement.

Hockey League Skates To Summary Judgment Win Over Gulls

JD Supra Law

The court found that because a 2015 agreement between the parties did not transfer any copyright in a gull-playing-hockey logo, ECHL was not on the hook for the Gulls’ legal fees and settlement payment in a separate action.

SCotUS decides Arthrex: Same Result; New Rationale

CoCal IP Law Institute

A wild mix of reforms of the patent system resulted between about 2005 and 2015. "Burst Bubble." by jcgoforth is licensed under CC BY-NC-SA 2.0 In the wake of the collapse of the Internet bubble circa 2000, a public outcry about patent trolls caught the attention of Congress and the federal courts. Sometimes Congress did [.]. Litigation Inter Partes Review