TorrentFreak

JANUARY 6, 2022

The indictment, unsealed Wednesday in Manhattan federal court, alleges that beginning in August 2016, Bernardini – who was based in London and worked in publishing for Simon & Schuster – began impersonating agents, editors and other individuals in the industry to obtain pre-release literary manuscripts from his targets.

Publishing 124

Publishing Intellectual Property Designs Design 124

Plagiarism Today

OCTOBER 26, 2021

Wtf is a juice demon pic.twitter.com/OxYMWEuoCq — Eli Matthewson (@EliMatthewson) October 1, 2016. First, design elements that are “physically or conceptually separate” from the article can be protected. Bringing us back to our Juice Demon, the elements that are copied include the striped suit and tie.

Copyright 244

Copyright Trademark Cease and Desist Copying 244

Corsearch

FEBRUARY 22, 2024

Imagine you’ve conjured up the hottest brand on the market – “Crispy Crunch Delights” , complete with a jazzy logo. 2016) In this showdown of footwear giants, Adidas took Skechers to court over a shoe design that seemed uncannily familiar. We explore in this article. What is trademark infringement? Skechers USA, Inc.

Branding 59

Branding Brands Branding Trademark 59

Patently-O

AUGUST 24, 2023

In its recent Volva Penta decision, the Federal Circuit found that the PTAB had (1) created too high of a burden to prove nexus and (2) been unduly dismissive of the patentee’s evidence of commercial success and copying. The PTAB found evidence showing Brunswick copied the Forward Drive in developing its competing Bravo Four S product.

Invention 52

Invention Copying Art Designs 52

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

Blogging 95

Blogging Copying Social Media Copyright 95

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. In 2016, the Latinfood website contained the phrase “We have products from” followed by marks of imported brands, among which was an image of Industria’s Zenú mark.

False Advertising 59

False Advertising Advertising Advertising Registration 59

The TTABlog

APRIL 28, 2022

The Board dismissed Kate Spade LLC's opposition to registration of the mark WOLV & Design (shown below left) for watches, finding the mark to be too dissimilar to the KATE SPADE word mark and the "spade logo" mark (below right) to support opposer's Section 2(d) likelihood-of-confusion and its Section 43(c) dilution-by-blurring claims.

Designs 68

Designs Design Social Media Registration 68

Patently-O

AUGUST 3, 2023

The lawsuit centers around two key components of Moderna’s mRNA platform that it claims Pfizer copied – the use of modified nucleosides like 1-methylpseudouridine and the encoding of a full-length coronavirus spike protein. We might see a different strategy if a non-profit or consumer-focused group had filed.

Patent 97

Patent Patent Infringement Copying Technology 97

Copyright Lately

MAY 22, 2023

Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. More typically, two works aren’t market substitutes, which means that determining whether a secondary use is justified is more difficult.

Fair Use 93

Fair Use Licensing Copying Artwork 93

azrights

MARCH 15, 2021

A distinctive asset such as the Nike Swoosh would have been capable of registration as a trademark as soon as the design was created. 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.

Branding 52

Branding Brands Branding Trademark 52

43(B)log

FEBRUARY 21, 2024

WCT’s app was first released in 2014 for the iPhone and Pebble watch as a metric-tracking cycling app that was designed to “track speed, distance, altitude, and grade.” But the app was not updated after 2016 and was removed from WCT’s website. The court grants summary judgment on lack of likely confusion.

Marketing 59

Marketing Marketing Trademark Branding 59

LexBlog IP

SEPTEMBER 15, 2021

the UGG mark or designation, or any reproduction, counterfeit, copy, or colorable imitation thereof, in any manner and in any format, case or spelling, on or in connection with the sale, offering for sale, distribution, or advertising of any product in the United States or its territories.”

Trademark 52

Trademark Registration Branding Brands 52

Copyright Lately

MAY 1, 2023

Within just over a month, a raft of barely-underground Discord servers like AI Hub have popped up to provide users with access to software—and step-by-step instructions—for creating new songs using hundreds of community-made AI models designed to mimic specific artists’ voices. Most voice model files are actually quite small.)

Music 89

Music Copyright Copying Copyright Law 89

IIPRD

JANUARY 23, 2023

It further expanded its domain as a manufacturer by establishing a market for its self-made products such as kindle for e-book services, audiobook and ‘cloud computing’ web storage services. Williams-Sonoma commented that Amazon’s own product line “Rivet” has infringed patents of furniture designs. [3] LEXIS 111933 & 2016 U.S.

Patent Infringement 52

Patent Infringement Patent Cease and Desist IP 52

IIPRD

FEBRUARY 16, 2024

IP can be found in the chassis of cars, uniforms, merchandise, various engineering and designing equipment, television broadcasting, and most importantly, carefully hidden trade secrets. In this constantly developing arena, F1 teams must go to great lengths to protect their technology and design secrets,’ which cost them a large sum.

Intellectual Property 59

Intellectual Property Technology Confidentiality Journalism 59

Kluwer Copyright Blog

MAY 11, 2023

The most modern instalment of this long history comes in the form of another kind ‘copy’, less richly decorated, yet more relevant and politically sensitive for a country that has established a long-term foreign investment “partnership” with the tech and communication industry: the transposition of Directive 2019/790 into Irish law.

Copying 103

Copying Copyright Law Copyright Social Media 103

Fish & Richardson Trademark & Copyright Thoughts

MARCH 14, 2022

PDF copy available. 1 Thus, IPRs were designed to be a cost-effective alternative to litigation by guaranteeing that a patent challenger would have resolution on its petition within approximately 18 months, without the significant expenses routinely incurred during the fact and/or expert discovery phases of litigation. Korea Corp.

Litigation 52

Litigation Patent Art Licensing 52

The IPKat

OCTOBER 7, 2021

Indeed, Motorola did not even have access to the infringing source code contained on the Qualcomm chips, which militates against a finding that Motorola deliberately copied SLC’s technology.” They would bring the same unique insights to SEP negotiations as the parties that designed the components that provide standardized functionality.

Licensing 57

Licensing Litigation Technology Patent 57

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

PDF copy available. Early commercialization efforts were flops—such as the attempt to build a LISP machine designed to implement AI languages. These projects were designed for cloud-based infrastructure that could be leased and rapidly scaled from a prototype into a commercial offering. billion market in 2028.

Law 40

Law Patent Technology Art 40

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. 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.

Settlement 52

Settlement Litigation Marketing Marketing 52

Patently-O

JANUARY 20, 2023

Some of the most beloved fixtures of the genre—time machines, faster-than-light space travel, teleportation, downloading memories, copying a consciousness, etcetera—are impossible or not yet possible when described by the author. University of Minnesota Press 2016). The answer is usually no, and for good reason.

Patent Law 94

Patent Law Law Inventor Patent 94

Kluwer Copyright Blog

NOVEMBER 17, 2021

The BGH ruled that the exclusive right of distribution of the author also included the right to offer the original or copies of the work to the public to purchase and to advertise to the public, in a targeted manner, the purchase of either the original or copies of the work.

Law 52

Law Copyright Copyright Infringement Television 52

The IPKat

FEBRUARY 23, 2023

Ltd [2022] EWHC 1895 (Ch) (July 2022) In our last volume , we reported on Samsung being held directly liable as a platform for copied watch faces for Samsung smartwatches. There was no upfront requirement for such an address for International Registrations designating the UK. A form of order hearing took place a few months later.

Registration 76

Registration Advertising Advertising Law 76

LexBlog IP

JUNE 28, 2023

Accordingly, the Court held that the holder of the IP right to a computer program cannot object to the resale of a copy thereof where such a copy is accompanied by a licence for unlimited use, whether material or immaterial. The Court made specific reference to certain European Court of Justice decisions in this respect. (3)

Copying 52

Copying Copyright Law Copyright Editing 52

43(B)log

FEBRUARY 24, 2021

Certain procedural requirements: must be able to see & save a copy of the disclosures/contract w/in 15 days, via email receipt for example. Designed in US” can also work. Moose Knuckles parka, 2016, lacked qualifying statement (made with Canadian and imported components); settled for $750,000 donation.

Advertising 40

Advertising Advertising Law Privacy 40

The IPKat

MARCH 25, 2024

On 27 June 2016, BIW filed another application for EU trade mark no. In 2020, New Yorker Marketing & Media International GmbH (‘New Yorker’) filed invalidity applications against BIW’s trade marks, alleging that they lacked distinctiveness and were descriptive at the filing date ( Art. Both trade marks were registered.

Music 107

Music Cinema Designs Design 107

Kluwer Copyright Blog

SEPTEMBER 28, 2022

The recent signing of the Digital Markets Act and the ongoing negotiations on the proposal for a Data Act present excellent opportunities to expand on the novel phenomenon. Starting from those technical definitions, the notion of portability made its way into the 2016 General Data Protection Regulation (GDPR).

IP 94

IP Contracts Social Media Copying 94

Technology & Marketing Law Blog

DECEMBER 11, 2023

2016), aff’d , 674 F. 2016)) traded on the goodwill of Louis Vuitton; it is what made them attractive products. What the second Circuit did say was that, like in the Jack Daniel’s case, the Wavy Baby used plaintiff’s trademarks and trade dress throughout the design of its product. at 156 (citation omitted)”). 3d 252 (4th Cir.

Blogging 110

Blogging Trademark Branding Brands 110

The IP Law Blog

SEPTEMBER 22, 2022

P and P Imports (“P&P”) sells outdoor games under its GoSports brand, and in December 2016, it began selling its “Giant 4 in a Row Game” that was based on the classic tabletop version. It apparently conducted market research and discovered that P&P was one of the most successful sellers on Amazon in this category.

Copying 98

Copying Marketing Marketing Advertising 98

LexBlog IP

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5]

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

LexBlog IP

OCTOBER 25, 2023

That is the difference between the court of public opinion in one’s industry and a court of law in a governmental building—”In writing, plagiarismis a straight-up cardinal sin: If you copy, you’re wrong. But in the courts, copyright infringement is an evolving legal concept.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

Above the Fold

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5]

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

Kluwer Copyright Blog

NOVEMBER 4, 2021

This limitation was not a part of the original proposal tabled in 2016, making its way to the final text of the Directive through European Commission and Parliament compromises. Whenever a part of a press publication going beyond a “very short extract” is copied, the new right kicks in. This change was to bring art.

Social Media 142

Social Media Publishing Art Copying 142

Kluwer Copyright Blog

NOVEMBER 24, 2021

In another decision , from 2016, the BGH found that remuneration claims under Section 32 UrhG arise when the agreed remuneration at the time of the respective contract being concluded is not appropriate when viewed from the perspective of the time of conclusion of the contract (ex-ante view). Collecting Societies.

Contracts 98

Contracts Copyright Law Cease and Desist 98

LexBlog IP

SEPTEMBER 22, 2022

P and P Imports (“P&P”) sells outdoor games under its GoSports brand, and in December 2016, it began selling its “Giant 4 in a Row Game” that was based on the classic tabletop version. P&P sold its game through Amazon and eBay and climbed the best seller rankings on Amazon.

Copying 52

Copying Marketing Marketing Advertising 52

Technology & Marketing Law Blog

AUGUST 11, 2023

The next paragraph “encourage[d]” Mr. Sadlock to “review the updated Subscriber Agreement in full and save a copy for your files. Bleacher Report also argued that it provided users with notice of amendments in 2016, 2020, 2022, and 2023 via interstitial popups onsite. ” Double UGH. Facebook, Inc., 2023 WL 3483891 (S.D.

Contracts 71

Contracts Law Reporting Blogging 71

SpicyIP

DECEMBER 30, 2023

The Court noted that the Patents Act is specifically designed to deal with matters concerning allegations of unreasonable conditions in licence agreements, abuse of one’s status as a patentee, the necessary inquiry into these allegations, and eventually the relief that can be granted. Controller of Patents & Designs Patent Office Mumbai.

IP 124

IP Copyright Trademark Intellectual Property 124