The IPKat

MARCH 24, 2024

February 2024, a trade mark infringement case was decided by the Swiss Supreme Court in litigation between Rolex and an un-named Swiss defendant (but widely reported to be the aforementioned atelier Artisans de Geneve) [see here ]. for private use) and selling customized watches directly to customers on a larger scale.

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IP Marketing Marketing Reporting 70

Copyright Lately

OCTOBER 24, 2022

Fair use and de minimis defenses are often unreliable, and even if you have a solid case, defending copyright infringement lawsuits is an expensive proposition. In 1997, the Second Circuit reversed the district court’s finding that BET made fair use of Faith Ringgold’s “Church Picnic Story” quilt.

Artwork 87

Artwork Copyright Infringement Copyright Art 87

JIPL Online

NOVEMBER 1, 2021

4] Mods that collect revenue by paywalls are likely to scare copyright holders into litigation. [5] 5] The mere threat of litigation is enough to shut most fan projects down entirely. [6] 4] Mods that collect revenue by paywalls are likely to scare copyright holders into litigation. [5]

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Derivative Work Cease and Desist Blogging Litigation 59

LexBlog IP

OCTOBER 25, 2023

The copyright claims came down to a fair use analysis, something that has occupied discussions by this poster before. ” With a mixed bag present on the substantial similarity analysis, the District Court moved on to looking at fair use itself. .” Let’s see why. ’ Piccone v. Bartels , 785 F.3d

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Copyright Social Media Plagiarism Fair Use 52

Patently-O

DECEMBER 11, 2023

The copyright law implications of AI training are currently being litigated in several different federal copyright infringement actions. Moreover, as we detail below, the best understanding of the application of fair use principles to AI training would hold that the practice is in most if not all instances a fair use.

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Copyright Fair Use Copyright Law Copyright Infringement 95

Copyright Lately

DECEMBER 28, 2022

” But instead of actually discouraging NOCO from using litigation as an anti-competitive business tactic, the decision only ensures that Topdon will need to continue spending money to either settle or defend this baseless lawsuit. Gregorini v. .” Alexander v. Take-Two Interactive.

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LexBlog IP

JANUARY 5, 2022

Seeing no immediate litigation alternative, I called for “common sense Congressional legislation to make States directly liable for damages for copyright infringement,” because I felt it unfair that, after Allen , copyright owners “would find themselves defenseless from state-sponsored copyright piracy.” Nation Enters.,

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

If not, the court may have to address several other interesting, rarely-litigated issues concerning the proper scope of copyright in recorded interviews. Sixth, assuming Woodward published copyrighted material without Trump’s authorization, was he permitted to do so, either as a fair use, or by the First Amendment? In Garcia v.

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Copyright Blogging Publishing Fair Use 118

Patently-O

DECEMBER 12, 2021

Missouri’s predominant purpose test, which inquires into whether the predominant purpose of using the famous person’s name or identity is to exploit its commercial value; or whether “the predominant purpose of the product is to make an expressive comment on or about a celebrity.” [15] 2015) (en banc) (holding that 15 U.S.C. 9] 447 U.S.

Registration 69

Registration Government Advertising Advertising 69

LexBlog IP

APRIL 20, 2022

See Business Standard article entitled Spring cleaning in the Supreme Court: The new Chief Justice swats frivolous litigation but more measures are needed. ” Then, as I noted , the US Supreme Court decided a few days later, “in Google v. So, with that background, let’s turn to our own cleaning. ’ (Op.

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52

Technology & Marketing Law Blog

JANUARY 24, 2023

And if Musk ever flips any of Twitter’s long-standing legal or policy positions in litigation or lobbying, he could truly melt down the industry. So what do we make of the earlier rulings that suggested hiQ had a legally protected right to scrape? ¯_(ツ)_/¯ CCB Launches We have a new venue for copyright litigation.

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Law Social Media Government Privacy 113