Kluwer Copyright Blog

MAY 23, 2022

An interesting case recently decided by the Italian Supreme Court ( Corte di Cassazione ) has focused on whether the slogan “ 500% FIAT ” can be protected by copyright (decision No. This was not the first time the Italian Supreme Court has taken a position on copyright protection for advertising claims. Richter via Pixabay.

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Copyright Advertising Advertising Trademark 108

IP and Legal Filings

JANUARY 22, 2024

The domain of copyright deals with the literary, musical, dramatic, and artistic works, and cinematograph films. Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings.

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Ownership Copyright Fair Use Intellectual Property 52

TorrentFreak

MARCH 15, 2022

However, that all changed in 2016, when local police raided its Malmo office. Two years later, the Stockholm Patent and Market Court found several people connected to the company guilty of copyright infringement and the unauthorized decoding of broadcast signals. No Prison, No Copyright Damages.

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Copyright Copyright Infringement Marketing Marketing 139

43(B)log

AUGUST 11, 2021

Panel 17 – Copyright Substantial Similarity Crossprogrammed with my panel; I came here first because I had more experience with the first paper in the other panel. Asay, An Empirical Study of Copyright Law’s Substantial Similarity Test 1005 cases found. Significant rise in substantial similarity litigation starting in 2006—tripled.

Trademark 72

Trademark Copyright Branding Brands 72

Technology & Marketing Law Blog

JANUARY 3, 2023

31, 2022): When an individual’s decision to disseminate an Instagram post is the “very thing the article [is] reporting on,” the use of the Instagram post and its copyrighted material in the reporting has been deemed sufficiently transformative to support a fair use defense. Wallster, Inc. Redbubble, Inc., LEXIS 198181 (C.D.

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Copyright Social Media Copyright Infringement Publishing 93

Plagiarism Today

NOVEMBER 17, 2021

1: Miramax Hits Tarantino With Copyright Suit on ‘Pulp Fiction’ NFTs. First off today, Samantha Handler at Bloomberg Law reports that the film studio Mirimax has filed a copyright infringement lawsuit against director Quentin Tarantino over Tarantino’s plans to release of Non-Fungible Tokens (NFTs) related to the film Pulp Fiction.

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Non-Fungible Tokens Copyright Infringement Publishing Television 154

The TTABlog

AUGUST 22, 2023

Elgin, the Board’s membership now stands at twenty-seven (27) Administrative Trademark Judges. Prior Professional Experience : Trademark Examining Attorney; Assistant to the Assistant Commissioner for Trademarks; TTAB Staff Attorney; Education : B.A., The current roster is set forth below, beginning with Chief Judge Gerard F.

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Trademark Law Copyright 52

IP and Legal Filings

MARCH 28, 2024

1] The Copyright Act protects certain types of works, which are included in Section 13. 13 (1) states that original literary, dramatic, musical, and artistic works as well as cinematograph films and sound recordings are protected by copyright. The same explanation was given in “ Krishika Lulla and Ors. Ashutosh Gowarikar and Ors.” [7]

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Cinema Copyright Blogging Registration 80

Plagiarism Today

MARCH 16, 2022

.” 2: Court Overturns ‘Pirate’ IPTV Prison Sentences Due to Unenforceable Copyrights. The reason: The copyrights at issue were “unenforceable” due to the lack of a treaty. However, it was raided in 2016 and two men, the owner and his son, were arrested. Finally today, Louis Goss at City A.M.

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Non-Fungible Tokens Copyright Plagiarism Intellectual Property 189

Technology & Marketing Law Blog

NOVEMBER 27, 2023

By guest blogger Lisa Ramsey , Professor of Law, University of San Diego School of Law The Supreme Court will likely hold in Elster that Section 2(c) is consistent with the First Amendment, but will it clarify how to balance trademark and free speech rights? After the Supreme Court granted cert in Vidal v. Tam (2017) and Iancu v.

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Registration Trademark Blogging Law 74

IP and Legal Filings

OCTOBER 28, 2022

11 of 2008, dated April 21, 2008, regarding Electronic Information and Transactions, as amended by Law No 19 of 2016, dated November 25, 2016.• 20 of 2016, dated December 1, 2016, regarding the Protection of Personal Data in Electronic Systems. Trademark: NFTs may also be protected as a trademark.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 86

LexBlog IP

FEBRUARY 23, 2024

Nealy , an appeal of the Eleventh Circuit’s determination that a copyright plaintiff can recover damages for infringement occurring more than three years prior to filing suit. Much of alleged infringement occurred while Nealy was incarcerated, and he alleged that he did not become aware of the infringement until 2016.

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Copyright Music Settlement Copyright Infringement 52

Copyright Lately

OCTOBER 25, 2021

Here are some of the greatest copyright horror stories, featuring such classics as “Nightmare on Elm Street,” “Halloween,” “Dracula,” “Ghostbusters” and … a creepy McDonalds character? The only thing scarier than a slasher flick is a lawsuit. It’s Halloween time again! Skully Curly.

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Copyright Cinema Copying Copyright Infringement 144

The IP Law Blog

AUGUST 25, 2022

District Court can exercise personal jurisdiction over a foreign defendant with regard to a copyright infringement suit. Lang Van is a California corporation that produces and distributes Vietnamese music and entertainment, owning the copyrights to thousands of songs and programs. In 2014, Lang Van sued VNG for copyright infringement.

Copyright Infringement 98

Copyright Infringement Copyright Contracts Music 98

IP and Legal Filings

APRIL 19, 2022

The author or creator of any theatrical, literary, creative, or musical work has an exclusive right to copyright. It was recently uncovered that numerous internet platforms are posting infringing content on their websites without the approval of the copyright owners. Image Source: gettyimages]. What are takedown services?

Copyright Law 71

Copyright Law Copyright Law Copyright Infringement 71

The TTABlog

JANUARY 8, 2024

Andrusiek's "actual" trademark use on comic books did not begin until 2017, but from 2006 he used the term as the name of a character, which the Board accepted as use analogous to trademark use, leading to the award of priority to Andrusiek. Text Copyright John L. The parties agreed that the marks are confusingly similar.

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Registration Trademark Social Media Designs 73

Plagiarism Today

SEPTEMBER 30, 2021

1: Cox Wants to See Evidence in Majors V Charter Copyright Case in Ongoing Bid to Overturn Billion Dollar Judgement. Specifically, Cox alleges the metadata on the evidence indicates that they are files from 2016 though the case only deals with 2012-2014. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

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Intellectual Property Plagiarism Licensing Reporting 198

Plagiarism Today

SEPTEMBER 1, 2022

According to the lawsuit, A&E presented the program Live PD between 2016 and 2020. However, A&E contends that the new series is an infringement of Live PD and, as such, are suing for both copyright and trademark violations. 2: HC Directs Telegram to Disclose Details of Channels Violating Copyright Law.

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Reporting Television Copying Plagiarism 179

Kluwer Copyright Blog

AUGUST 13, 2021

The Warhol prints—one of which was reproduced in a Vanity Fair magazine article in 2016—were not entitled to a fair use defense, and they were substantially similar to Goldsmith’s photo, as a matter of law. More from our authors: Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty. 19-2420-cv.

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Art Fair Use Copyright Copyright Infringement 52

Kluwer Copyright Blog

AUGUST 12, 2021

The Warhol prints—one of which was reproduced in a Vanity Fair magazine article in 2016—were not entitled to a fair use defense, and they were substantially similar to Goldsmith’s photo, as a matter of law. More from our authors: Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty. 19-2420-cv.

Art 52

Art Fair Use Copyright Copyright Infringement 52

IP and Legal Filings

MAY 17, 2022

Previously, three governmental bodies had the authority to protect and enforce intellectual property rights: The Ministry of Commerce and Industry for trademarks, the Ministry of Culture and Information for copyright, and King Abdulaziz City for Science and Technology for patents. Trademark in Saudi Arabia. Geographic names.

Trademark 52

Trademark Registration Intellectual Property Trademark Law 52

The TTABlog

SEPTEMBER 8, 2022

Andrusiek's "actual" trademark use on comic books did not begin until 2017, but from 2006 he used the term as the name of a character, which the Board accepted as use analogous to trademark use, leading to the award of priority to Andrusiek. Text Copyright John L. The parties agreed that the marks are confusingly similar.

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Registration Trademark Social Media Copying 95

Selvam & Selvam Blog

APRIL 16, 2021

Not very long ago, the Indian Designs Office notified the Designs (Amendment) Rules, 2021 and now the Copyright Office (hereinafter referred to as ‘CRO’) too has notified the Copyright (Amendment) Rules, 2021. The Copyright Rules, 2013 was last amended in the year 2016 subsequent to which, it was done recently.

Copyright 52

Copyright Journalism Intellectual Property Intellectual Property Law 52

Patently-O

JULY 19, 2023

Patents and copyrights were established in the Constitution and enacted by the First Congress in 1790. Those rights were fairly quickly established as exclusively federal, meaning that there is effectively no patents or copyrights offered by individual states. by Dennis Crouch Intellectual property rights in the U.S.

Privacy 98

Privacy Trademark Law Fair Use Trademark 98

SpicyIP

MAY 6, 2024

However, the impugned judgment is contradictory because the argument that the trademark had not been used for preceding five years by the appellant’s predecessor-in-interest was accepted by the Court in the context of rectification proceedings. The plaintiff also holds trademark registration for “Serpenti ” etc.

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Trademark Invention Licensing Patent 59

IP Watchdog

DECEMBER 22, 2022

In the process, trade secrets have taken their place of respect alongside the “registered rights” of patents, copyrights, trademarks and designs.

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Confidentiality Designs Design Law 69

IIPRD

OCTOBER 28, 2023

However, numerous catchphrases have led to the fame of the individual involved; for instance, Danielle Bregoli, while appearing on a Dr. Phil episode in 2016, famously uttered the words “Cash me outside, how boutdah?” She trademarked the term in February 2007, and since then, it has become her “signature catchphrase.”

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Copyright Law Branding Brands Branding 59

IP and Legal Filings

AUGUST 14, 2023

Copyright is a more complicated problem. Per Article 5(2) of the Berne Convention [9] , copyright is established without the need for any further procedures. Since copyright is “universal”, some argue that the lex originis should be utilised to determine who owns works that have been plagiarised.

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

JIPEL Copyright Blog

DECEMBER 15, 2021

Trademark litigation in the fashion world is not a novel concept. For decades, Adidas has been engaging in a long list of trademark infringement cases in the US and across the world. Traditionally, trademarks and trade dress have been used to communicate price and quality information to a consumer about the goods they are purchasing.

Trademark Law 52

Trademark Law Marketing Marketing Trademark 52

Technology & Marketing Law Blog

JULY 17, 2023

the Supreme Court held that the Lanham Act does not reach trademark infringement that occurs outside of the United States (US). In addition, the opinion has important ramifications for domestic trademark law through its identification of “use in commerce” as the actionable domestic conduct. The same is true even in trademark treaties.

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Trademark Blogging Litigation Law 70

SpicyIP

APRIL 15, 2024

Looking at the AP HC’s Curious Decision on Textbooks and Copyright In a significant decision, the AP High Court made some curious findings on copyright and educational material. Other IP Developments Delhi High Court directed to take down fraudulent websites using Tata trademarks to lure public into Ponzi schemes.

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Fair Use Licensing Trademark Patent Application 59

IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Keep Calm and Fandom On: Copyright in Cosplay, Fanfiction and Fanart by Sabrina Macklai & Emily Chow. Is GitHub’s New Feature a Copyright Infringer? of the Patent Act on June 24, 2016.

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IP Copyright Infringement Inventor Intellectual Property 106

IIPRD

SEPTEMBER 17, 2021

We know Intellectual Property offers three kinds of protection to products: Copyright. While copyright protects the originality of the expression behind the product, design preserves the overall appearance and aesthetic look of the product. COPYRIGHT OR DESIGN. TRADEMARK. It is an either-or choice.

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Editing IP Artistic Work Designs 52

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Thus clarifying that copyright in the screenplay exists independently of the copyright in the film. HarperCollins Publishers India Pvt. the licensee.

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IP Copyright Trademark Intellectual Property 124

JIPL Online

APRIL 9, 2021

Such uses are often methods of social commentary regarding the user’s own life, or more broadly, current events; they also often utilize copyrightable material. [i] ii] Existing copyright law is ineffective in its application to new forms of digital media. i] Memes are also a form of communication that distinguishes generations.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

BYU Copyright Blog

SEPTEMBER 11, 2023

2016, Oppenheimer captured an aerial photograph at the Stevens Institute of Technology in New Jersey, officially registering this image with the U.S. Copyright Office, along with several others, on March 29, 2017. The letter also included a request for the Institute to preserve any relevant evidence.A

Technology 52

Technology Trademark Marketing Marketing 52

LexBlog IP

AUGUST 25, 2022

District Court can exercise personal jurisdiction over a foreign defendant with regard to a copyright infringement suit. Lang Van is a California corporation that produces and distributes Vietnamese music and entertainment, owning the copyrights to thousands of songs and programs. In 2014, Lang Van sued VNG for copyright infringement.

Copyright Infringement 52

Copyright Infringement Copyright Contracts Music 52