IP and Legal Filings

JANUARY 22, 2024

The crux of this debate is the argument that if the theft of restricted digital content is for the purpose of knowledge and research, it should be considered as an act done under ‘fair use’ and ‘fair dealing’ of the content. Digital Rights Management & Fair Use If everything is so well designed, then where is the issue?

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Kluwer Copyright Blog

AUGUST 13, 2021

Second Circuit reverses district court’s fair use declaration granted to Andy Warhol Foundation; artist’s works were not “transformative” and could harm the photographer’s market for licensing her image. The Copyright / Trademark Interface: How the Expansion of Trademark Protection Is Stifling Cultural Creativity.

Art 52

Art Fair Use Copyright Copyright Infringement 52

Kluwer Copyright Blog

AUGUST 12, 2021

Second Circuit reverses district court’s fair use declaration granted to Andy Warhol Foundation; artist’s works were not “transformative” and could harm the photographer’s market for licensing her image. The Copyright / Trademark Interface: How the Expansion of Trademark Protection Is Stifling Cultural Creativity.

Art 52

Art Fair Use Copyright Copyright Infringement 52

Patently-O

JULY 19, 2023

Trademarks and trade secrets followed a different path – developing under state common law before later later gaining federal protections; with trade secrets moving federal most recently via the Defend Trade Secrets Act (DTSA) of 2016. How should we balance free speech, parody, and fair use concerns?

Privacy 98

Privacy Trademark Law Fair Use Trademark 98

Technology & Marketing Law Blog

DECEMBER 11, 2023

The Second Circuit stayed MSCHF’s appeal of the district court’s ruling that the Wavy Baby infringed Vans’ trademarks pending the Supreme Court’s decision in Jack Daniel’s v. 140 (2023), since that decision was expected to provide guidance to lower courts for resolving free speech defenses in trademark infringement cases. VIP Prods. ,

Blogging 112

Blogging Trademark Branding Brands 112

LexBlog IP

JUNE 10, 2022

Goldsmith , the Court aims to more clearly define the scope of what’s known as “fair use” in US copyright law. This marks the Supreme Court’s second foray into copyright fair use in two years after decades of silence on the matter. Understanding the Fair Use Doctrine.

Fair Use 52

Fair Use Intellectual Property Copyright Copyright Infringement 52

43(B)log

FEBRUARY 24, 2023

Many of us talk about Rogers in this way as a categorical rule, but the VIP case shows there’s nuance in those cases that can get lost. Relates to questions like “trademark spaces” and linguistics in TM. In 2016, the Second Circuit says do multifactor test + NFU factors. empirical questions. The word is not taboo!

Trademark 49

Trademark Branding Brands Branding 49

SpicyIP

NOVEMBER 17, 2023

This liberty to benefit from one’s intellectual creation gives rise to a bundle of rights related to intellectual property, including, Patents, Copyrights, Trademarks, Geographical Indications, among others. Comprehend the concept, rationale, and significance of Patents, Copyrights and Trademarks.

Intellectual Property 105

Intellectual Property Technology IP Law 105

The IPKat

FEBRUARY 21, 2024

Above all, INTA sees the risk that the CJEU could open the way to interpreting 'due cause' as something that was deliberately not included in the current EU legislative texts (EUTMR and EUTMD) by the EU legislator as part of the trade mark law reform at the beginning of 2016. 5 InfoSoc Directive.

Art 62

Art Copyright Law Fair Use Intellectual Property 62

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.

Copyright 93

Copyright Social Media Copyright Infringement Publishing 93

43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. Plaintiffs allegedly used the 12 O’Clock Boyz trademarks since 2001 and registered the marks in 2016. The court, in a careful opinion, rejected all the claims.

Fair Use 52

Fair Use Trademark Copyright Editing 52

43(B)log

FEBRUARY 24, 2024

Can enshrine things like notice & takedown in © law, but that has effects on the ability to assert fair use. We know that automated systems designed to flag infringements get lots of false positives b/c they can’t recognize fair use; may also be false negatives, though that’s not the focus. NYU Press, 2016).

Fair Use 45

Fair Use Branding Brands Branding 45

Copyright Lately

MAY 1, 2023

She would create a dataset of sound files consisting of Drake acapella vocals (stripped from the music tracks using a vocal separator) and run the data through software used to train the voice model. Artists also may own registered trademarks in their names for use as source identifiers. ” VMG Salsoul, LLC v.

Music 85

Music Copyright Copying Copyright Law 85

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. The judgement was passed collectively in an appeal against 4 orders (two impugning the 2016 Ericsson v. CCI order ) and a writ petition filed by Ericsson. Bolt Technology v.

IP 124

IP Copyright Trademark Intellectual Property 124

Kashishipr

JUNE 9, 2021

The court agreed that the defense of fair use might be available in a given case to an individual user; however, the “activities of Wynk can never be termed as ‘private’ or ‘personal use’ or research,” and that it is selling/commercially renting the sound recordings.

Music 98

Music Licensing Television Copyright Infringement 98

SpicyIP

DECEMBER 20, 2023

He also discussed the ‘license of rights’ system for GM patents in light of “Licensing and Formats for GM Technology Agreements Guidelines, 2016” (see also ). Around a decade ago, Google was caught in some similar controversy over its Google Books Library Project where its use was held permissible under fair use.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

LexBlog IP

APRIL 20, 2022

There are, in fact, thousands of US Patents dealing with “spring cleaning” equipment, but only five live US trademarks using “Spring Cleaning” as part of the registered mark. At least one, US Reg. ” Then, as I noted , the US Supreme Court decided a few days later, “in Google v.

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52

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. at 41, or at least it may not.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

Technology & Marketing Law Blog

JANUARY 24, 2023

A bill that sought to accelerate the demise of online marketplaces by creating a new and unmanageable species of contributory trademark liability. Previous year-in-review lists from 2021 , 2020 , 2019 , 2018 , 2017 , 2016 , 2015 , 2014 , 2013 , 2012 , 2011 , 2010 , 2009 , 2008 , 2007 , and 2006. SHOP SAFE. CA AB 2408.

Law 114

Law Social Media Government Privacy 114

IP and Legal Filings

APRIL 19, 2022

Temporary or incidental storage of work or performance to provide electronic links, access, or integration, where the owner has not expressly prohibited such links, access, or integration, falls under the ambit of fair use of copyright, according to Section 52(1)(c) of the Indian Copyright Act, 1957. SCIL) (2016) Myspace Inc.

Copyright Law 71

Copyright Law Copyright Law Copyright Infringement 71

Patently-O

DECEMBER 12, 2021

Can you register a famous person’s name as your trademark without their consent? Patent and Trademark Office interprets this to mean no, never, no matter what. Is the PTO capable of applying First Amendment balancing tests such as transformative use or fair use in routine registration decisions?; 26] Which one?

Registration 69

Registration Government Advertising Advertising 69

JIPL Online

APRIL 9, 2021

On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. Put differently, is it fair for corporations to have their cake and eat it too? 139 (2016). [ix] Int’l Com.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Copyright Lately

OCTOBER 25, 2021

The judge rejected BMG’s fair use defense, holding that the defendants took more elements from the “Nightmare on Elm” street films than they needed to accomplish any parodic purpose. In 2016, author Gerald Brittle alleged that the Warner Bros. ROMERO’S DAWN OF THE DEAD. Conjuring up a Copyright Case.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144