Technology & Marketing Law Blog

OCTOBER 4, 2022

But if they want to be double-sure, send a takedown notice on any grounds other than copyright infringement and voila! Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. You know how this claim went. 512(f) disappears entirely.

Cease and Desist 86

Cease and Desist Fair Use Copyright Blogging 86

Technology & Marketing Law Blog

AUGUST 8, 2021

The Television Academies sued Goodman for copyright infringement, trademark infringement and dilution, and defamation. Copyright Infringement/Fair Use. Prior Posts on Section 512(f): * 512(f) Preempts Tortious Interference Claim–Copy Me That v. Benjamin. * How Have Section 512(f) Cases Fared Since 2017?

Fair Use 130

Fair Use Television Cease and Desist Copyright 130

43(B)log

JULY 3, 2023

27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. And the copying here could also lead to an inference of deception. Did intentional copying show intent to confuse? Latinfood U.S.

False Advertising 59

False Advertising Advertising Advertising Registration 59

IP and Legal Filings

SEPTEMBER 8, 2021

Most prominently, through its 2020 report, IBM stated that several patents granted to them in 2017 also comprised of blockchain patents. The copyrights that subsist on an NFT are also governed with the help of a smart contract. In the NFT space, a buyer is granted ownership over a copy of a digital artifact.

Intellectual Property 66

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 66

Technology & Marketing Law Blog

DECEMBER 27, 2023

Another troubling ruling for an Internet access provider trying to shake a contributory copyright claim based on user-caused copyright infringement. 11, 2023): Time and again we have declared that “prevailing defendants in copyright cases are presumptively entitled (and strongly so) to recover attorney fees.”

IP 73

IP Advertising Advertising Copyright 73

SpicyIP

MAY 23, 2022

On the 20th of May, the Supreme Court, in M/s Knit Pro International vs The State of NCT of Delhi & Anr , held that offences under Section 63 of the Copyright Act, 1957 are cognizable and non-bailable offences. Deshraj v State of Rajasthan and Anr, 2017. Sureshkumar S/o Kumaran v the Sub Inspector of Police, 2007. State Govt.

Copyright 137

Copyright Ownership Copyright Infringement Law 137

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. All of these facts placed Defendant on actual notice that it was highly likely that, in fact, Plaintiff’s Sticker Sheet was not infringing the Subject Design.

Registration 112

Registration Fair Use Copyright Designs 112

SpicyIP

MAY 20, 2024

Bentley Systems Inc & Anr vs Pnc Infratech Limited & Ors on 13 May, 2024 (Delhi High Court) The plaintiff instituted the present copyright infringement suit against the defendant for continuing to use the plaintiff’s software after the expiry of its license. Jaikishan Kakubha Saraf alias Jackie Shroff v.

Trademark 45

Trademark Advertising Advertising Copyright 45

IIPRD

FEBRUARY 8, 2024

Copyright laws, for instance, vary from jurisdiction to jurisdiction. What constitutes copyright infringement in one country may not be in another. 1] , t he cloud service provider was not made liable even after abetting the infringement. 13, Acts of Parliament, 2017 (India). [11] Thus, in Tiffany(NJ) Inc.

Intellectual Property 52

Intellectual Property IP Government Technology 52

LexBlog IP

JULY 5, 2022

The term of a copyright for a particular work may depends on certain factors such as whether it has been published, and, if so, the date of first publication. [2] 2] The general rule for works created after January 1, 1978, provides that copyright protection lasts for the life of the author plus an additional 70 years. [3]

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

The IPKat

MARCH 13, 2022

Further to an appeal, in 2017 the Court of Appeal of Milan partly sided with the artist’s estate, but found that the unauthorized reproduction of the artist’s works in the context of the project and the book would not be unlawful. In 2014, the Milan Court of First Instance dismissed the action in its entirety.

Copyright Law 103

Copyright Law Copyright Law Artwork 103

Above the Fold

JULY 5, 2022

The term of a copyright for a particular work may depends on certain factors such as whether it has been published, and, if so, the date of first publication. [2] 2] The general rule for works created after January 1, 1978, provides that copyright protection lasts for the life of the author plus an additional 70 years. [3]

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

Technology & Marketing Law Blog

MARCH 29, 2023

It took eight months, but the ownership question of the photographs has been settled. However, it is not what I expected for the first case to be finally determined: Section 512(f) and an ownership dispute between former business partners. The picture at issue was taken in 2017, and was registered with the U.S.

Blogging 96

Blogging Fair Use Copyright Copyright Notice 96

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

JANUARY 5, 2022

994 (2020) , a decision holding that the sovereign immunity of individual states prevented a copyright holder from recovering damages for infringement, I was a bit disheartened. 2d 588 (1985) (“Section 106 of the Copyright Act confers a bundle of exclusive rights to the owner of the copyright.”); See Murr v.

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

Technology & Marketing Law Blog

MAY 2, 2022

LinkedIn lawsuit started in 2017. The court remains skeptical of LinkedIn’s privacy-based arguments: LinkedIn has no protected property interest in the data contributed by its users, as the users retain ownership over their profiles. In 2019, the Ninth Circuit upheld the district court’s injunction ruling in favor of hiQ.

Cease and Desist 111

Cease and Desist Contracts Privacy Business 111