Patently-O

MAY 15, 2024

Although Dick/Edison had patented the machine, they were an early adopter of the subscription model and wanted to also be the exclusive seller of copying supplies. Henry’s ink had been specially designed for use with the machine — undermining any arguments that the license restricted use of commodity goods. 1523 (2017).

Patent Law 110

Patent Law Patent Law Invention 110

Technology & Marketing Law Blog

NOVEMBER 30, 2023

Allegedly on behalf of Barrett, an SEO vendor sent DMCA takedown notices to Google, alleging that Source Capital had copied some of Barrett’s copyrighted material. Instead, Source Capital alleges the DMCA takedown notices were “knowingly false” and designed to kick Source Capital out of the Google search results during the high season.

Fair Use 65

Fair Use Cease and Desist Copyright Ownership 65

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

Technology & Marketing Law Blog

APRIL 1, 2023

Construing these allegations as true and in Service’s favor, Service subjectively believed that he possessed an ownership interest and that he never approved the Comedy Dynamics deal. I’m pretty sure the drafters of 512(f) never contemplated that it would be invoked in disputes over ownership. Alper Automotive v.

Fair Use 103

Fair Use Cease and Desist Contracts Ownership 103

Technology & Marketing Law Blog

MARCH 15, 2022

That’s by design–the DMCA was designed to resolve matters outside of court. Now, imagine the rightsowner also overclaimed trade dress protection for its sage leave design. Benjamin. * How Have Section 512(f) Cases Fared Since 2017? ” This is clearly wrong. A 512(f) Plaintiff Wins at Trial!

Copyright 128

Copyright Fair Use Cease and Desist Litigation 128

Kluwer Copyright Blog

SEPTEMBER 28, 2022

In relation to objects subject to ownership, like tangible items, such an entitlement to revindicate ( rei vindicatio ) is commonly guaranteed as one of the prerogatives of the owner. By contrast, digital data are, as such, not undisputedly considered to be subjectable to ownership rights. Why is that? But often does not mean always!

IP 94

IP Contracts Social Media Copying 94

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

Technology & Marketing Law Blog

AUGUST 8, 2021

“Because Defendant does not dispute that it copied the entire Emmy Statuette to create the Crony Graphic, the Court finds a presumption of bad faith to be appropriate here.” Multimedia System Design , 2021 WL 3271829 (S.D.N.Y. Prior Posts on Section 512(f): * 512(f) Preempts Tortious Interference Claim–Copy Me That v.

Fair Use 130

Fair Use Television Cease and Desist Copyright 130

43(B)log

JULY 3, 2023

Zuluaga told a designer to look at Industria’s website when creating Latinfood’s packaging designs for Zenú and Ranchera and brought one of Industria’s Ranchera labels to the designer’s office. And the copying here could also lead to an inference of deception. Did intentional copying show intent to confuse?

False Advertising 59

False Advertising Advertising Advertising Registration 59

Technology & Marketing Law Blog

DECEMBER 5, 2022

Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. Benjamin. * How Have Section 512(f) Cases Fared Since 2017? HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. Alper Automotive v.

Marketing 75

Marketing Marketing Cease and Desist Fair Use 75

LexBlog IP

FEBRUARY 21, 2022

billion in sales in 2021 alone, the non-fungible token (“NFT”) has recently undergone a dramatic rise in prominence in the cryptoverse, similar to the “crypto summer” of 2017-18 or the “DeFi summer” of 2020. With an astounding $17.7 The cat painting itself does not usually immutably exist on the blockchain.

Ownership 52

Ownership Art Artwork Non-Fungible Tokens 52

azrights

NOVEMBER 3, 2021

You may remember from a previous blog post that Coca Cola had design protection of the bottle shape available as an interim measure while they built associations to the bottle shape through their advertising. In practice, there is a constant interplay between use of identifiers and ownership of them. Competitors Copying Your Colour.

Trademark 52

Trademark Branding Brands Branding 52

SpicyIP

FEBRUARY 12, 2024

Read Yogesh’s critique of the judgement in light of DHC’s OpenTV decision and the CRI 2017 Guidelines. Other Posts A Case of ‘Smart Copying’: ‘Peace Maker’ Restrained from Imitating ‘Officer’s Choice’ image from here Do you enjoy your whiskey? Would you mix up these two labels: Officers Choice and Peace Maker?

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

Technology & Marketing Law Blog

OCTOBER 4, 2022

Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. Benjamin. * How Have Section 512(f) Cases Fared Since 2017? HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. Alper Automotive v.

Cease and Desist 86

Cease and Desist Fair Use Copyright Blogging 86

Kashishipr

AUGUST 2, 2021

Goods or items produced outside Bangladesh involving infringement of the Copyright Act, 2000 or infringement of layout design of integrated circuits that are intended for sale or use for commercial purposes within the territory of Bangladesh. Images of genuine goods (for trademarks and designs). Demand draft of Rs.

IP 105

IP Intellectual Property Registration Registering Trademarks 105

IIPRD

FEBRUARY 8, 2024

IP owners can restrict unauthorised access or exposure of sensitive information, such as product designs, by encrypting data at the file level i.e., it is invariably encrypted from prior to reaching the cloud to after leaving it. It is designed as an Infrastructure as a Service (IaaS) platform. 13, Acts of Parliament, 2017 (India). [11]

Intellectual Property 52

Intellectual Property IP Government Technology 52

Technology & Marketing Law Blog

APRIL 29, 2023

Day to Day Imports * Satirical Depiction in YouTube Video Gets Rough Treatment in Court * 512(f) Preempts Tortious Interference Claim–Copy Me That v. Benjamin * How Have Section 512(f) Cases Fared Since 2017? HSI * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. Alper Automotive v.

Fair Use 98

Fair Use Cease and Desist Copyright Trademark 98

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. Defendant had not obtained the Deposit Design from the Copyright Office. Defendant had not tried to find out why Amazon kept reinstating Plaintiff’s listing.

Registration 112

Registration Fair Use Copyright Designs 112

Technology & Marketing Law Blog

AUGUST 18, 2022

Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. Benjamin. * How Have Section 512(f) Cases Fared Since 2017? HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. Alper Automotive v.

Fair Use 104

Fair Use Cease and Desist Copyright Blogging 104

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The first application for a blockchain patent was submitted by the Industrial and Commercial Bank of China with China’s State Intellectual Property Office in November 2017. Most number of patents for blockchains were filed in the year 2017. to various entities dealing with the same.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The first application for a blockchain patent was submitted by the Industrial and Commercial Bank of China with China’s State Intellectual Property Office in November 2017. Most number of patents for blockchains were filed in the year 2017. to various entities dealing with the same.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The first application for a blockchain patent was submitted by the Industrial and Commercial Bank of China with China’s State Intellectual Property Office in November 2017. Most number of patents for blockchains were filed in the year 2017. to various entities dealing with the same.

Technology 52

Technology Patent IP Invention 52

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

SpicyIP

MAY 20, 2024

SpicyIP Tidbit: Delhi High Court grants an Ex-parte Ad interim Injunction to Designer Gaurav Gupta On DHC’s recent interim injunction to designer Gaurav Gupta, Surabhi highlights the problem with the Court’s one glove fits all approach in this tidbit. Read on to know more. What’s in a Name? The Peppy Stores & Ors.

Trademark 45

Trademark Advertising Advertising Copyright 45

Technology & Marketing Law Blog

MARCH 29, 2023

Now here he claims this infringed his copyright, when in fact this is merely a retaliatory claim due to my filing a DMCA claim based on his appropriation of my design and copyright computer code expressions on multiple occasions without written or verbal permission. The picture at issue was taken in 2017, and was registered with the U.S.

Blogging 96

Blogging Fair Use Copyright Copyright Notice 96

43(B)log

FEBRUARY 22, 2021

Should consider public space art, in some circumstances, as a common good, with ownership interests at least in part in people who live in the area. for women: a swimsuit with decorations attached; can get more elaborate with feathers and design elements. © attaches without registration and endures for much longer than design rights.

Copyright 40

Copyright Art Copying Editing 40

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

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 9, 2022

This article details the authors’ study of Section 285 attorney fees awards against patentees from 2017 through 2022 and describes two potential reform efforts toward ensuring that prevailing parties receive Section 285 fee awards. PDF copy available. Read the full article at Law360. Study Structure. District Judge Colm F.

Patent 52

Patent Litigation Patent Infringement Inventor 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. Note that FDA still has not designated any biosimilar as interchangeable to its reference product. first submission July 2017; resubmitted Dec. first submission May 2017; resubmitted Oct. 2017; resubmitted Dec.

Litigation 52

Litigation Settlement Marketing Marketing 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

PDF copy available. 6 The potential impact of solid-state batteries on the EV industry in particular is huge, as they hold significantly more energy and charge in less time than traditional lithium-ion batteries, thereby eliminating one of the perceived drawbacks of EV ownership. through enforcement at the ITC).

Intellectual Property 52

Intellectual Property Technology Journalism IP 52