Plagiarism Today

OCTOBER 4, 2022

Sheeran’s attorneys argued the elements that were allegedly copied, namely a chord progression and the harmonic rhythm, were both commonplace in music and not protectable by copyright. That case was dismissed in 2017. The ruling surprised many, who didn’t expect the case to make it to trial.

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Copyright Music Litigation Plagiarism 250

Technology & Marketing Law Blog

MARCH 6, 2022

” With respect to whether Babybus’ baby character infringed Moonbug’s baby, Babybus claimed that the alleged copying related to generic features found in nature. . Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v.

Fair Use 96

Fair Use Cease and Desist Copying Copyright Infringement 96

The IPKat

MAY 12, 2023

The software was rewritten in C# and became InSPC v2 in 2017/2018. PQ became aware of InSPC v1 when it was promoted in demo form by CyberMetrics in the Summer 2017. US proceedings were filed by PQ against CyberMetrics in October 2017, Mr Aughton was deposed in October 2021 and the proceedings then settled on confidential terms.

Copyright Infringement 67

Copyright Infringement Copyright Confidentiality Copying 67

Intepat

DECEMBER 1, 2023

The Trademark Act, 1999, and the Trade Marks Rules, 2017 (“Trade Mark Rules”) outline the trademark opposition process. Details of the opposing party – When submitting an opposition, the owner of an earlier mark or earlier right is required to include his name, address, and a declaration proving his ownership of the mark or right.

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Trademark Registering Trademarks Registration Copying 59

LexBlog IP

JANUARY 11, 2023

The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. The deposit can be either a physical copy of the mask work or a digital copy in a format specified by the Office. It is authorized by the federal Semiconductor Chip Protection Act of 1984 (SCPA).

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Registration Designs Design Copying 40

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 102

Fair Use Cease and Desist Contracts Ownership 102

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. Prior Posts on Section 512(f) * 512(f) Once Again Ensnared in an Employment Ownership Dispute–Shande v. Benjamin * How Have Section 512(f) Cases Fared Since 2017?

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Fair Use Cease and Desist Copyright Ownership 64

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. He asserted that such restrictions were a legitimate exercise of property rights, an “an ordinary incident of ownership.” 1523 (2017).

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Patent Law Patent Law Invention 91

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.

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Ownership Art Artwork Non-Fungible Tokens 52

azrights

NOVEMBER 3, 2021

In practice, there is a constant interplay between use of identifiers and ownership of them. Where you do not have any legal rights in an asset, as you won’t have with colour in the early days of your use of a colour, you are largely powerless to tackle competitor copying. Competitors Copying Your Colour.

Trademark 52

Trademark Branding Brands Branding 52

Kluwer Copyright Blog

MARCH 13, 2024

The purpose of copyright, at its very basic level, finds its normative implementation in the interplay between access to protected works and the protection of the moral and material interest of creators (see Geiger, 2017 ). While Member States can derogate from this right and establish and remunerated exception under art.

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Copyright Art Licensing Contracts 122

Technology & Marketing Law Blog

DECEMBER 27, 2023

512(f) case in the context of an ownership dispute is sent to a jury. In 2017, Defendants’ executive assistant sent emails to Steven Sikes from SoFi seeking to schedule a meeting between Mr. Sikes and Mr. Plashkes. Serc-CA Discos, Inc. Tierra Caliente Music Group, S.A., 2023 WL 8480096 (S.D.

IP 72

IP Advertising Advertising Copyright 72

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? . * A 512(f) Plaintiff Wins at Trial! Alper Automotive v. Spoiler: Not Well). * Another Section 512(f) Case Fails–ISE v.

Marketing 75

Marketing Marketing Cease and Desist Fair Use 75

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? . * A 512(f) Plaintiff Wins at Trial! Alper Automotive v. Spoiler: Not Well). * Another Section 512(f) Case Fails–ISE v.

Cease and Desist 85

Cease and Desist Fair Use Copyright Blogging 85

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? Babybus * A 512(f) Plaintiff Wins at Trial! Alper Automotive v. Longarzo * Another 512(f) Case Fails–Handshoe v.

Fair Use 97

Fair Use Cease and Desist Copyright Trademark 97

43(B)log

JULY 3, 2023

Trade dress infringement: Summary judgment denied; I’m going to skip most of the discussion because, sadly for the hardworking district court, I think Abitron does require revisiting it, even if the trade dress is inherently distinctive and was copied. And the copying here could also lead to an inference of deception.

False Advertising 59

False Advertising Advertising Advertising Registration 59

Technology & Marketing Law Blog

MARCH 15, 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? . * A 512(f) Plaintiff Wins at Trial! Alper Automotive v. Spoiler: Not Well). * Another Section 512(f) Case Fails–ISE v.

Copyright 127

Copyright Cease and Desist Fair Use Litigation 127

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.” Prior Posts on Section 512(f): * 512(f) Preempts Tortious Interference Claim–Copy Me That v. No evidence Goodman will bridge the gap. ” UGH.

Fair Use 130

Fair Use Television Cease and Desist Copyright 130

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? . * A 512(f) Plaintiff Wins at Trial! Alper Automotive v. Spoiler: Not Well). * Another Section 512(f) Case Fails–ISE v.

Fair Use 104

Fair Use Cease and Desist Copyright Blogging 104

SpicyIP

MAY 23, 2022

Deshraj v State of Rajasthan and Anr, 2017. Moreover, Section 64 of the Copyright Act shows that on an action of seizure, the police officer can “seize copies of infringing works without a warrant.” Sureshkumar S/o Kumaran v the Sub Inspector of Police, 2007. Cognizable and Non-Bailable. State Govt. Non-Cognizable and Bailable.

Copyright 137

Copyright Ownership Copyright Infringement Law 137

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

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

IP and Legal Filings

AUGUST 14, 2023

Since copyright in whatever form (even first ownership) is subject to the territoriality principle, many argue that lex loci protectionis is the appropriate course of action. [10] Person A makes a copy of the movie on his phone and shares it with his friends. His friend, B, sells it to an online streaming platform called ‘Freelm’.

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v.

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Registration Fair Use Copyright Designs 111

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.

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Cease and Desist Contracts Privacy Business 111

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. Would also be interested in what the cultural norms are: are there anti-copying/divergence expectations? Normally putting a copy online with permission doesn’t make it freely copiable.

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Copyright Art Copying Editing 40

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

Technology & Marketing Law Blog

AUGUST 30, 2021

Court of Appeals for the Ninth Circuit held that California Civil Code section 980(a)(2) , which grants “exclusive ownership” of a sound recording fixed before February 15, 1972, to its “author,” provides only an exclusive right of reproduction and distribution, and does not provide an exclusive right of public performance. 3d 14 (2d Cir.

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Blogging Copyright Settlement Music 84

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

(first submission July 2017; resubmitted Dec. first submission May 2017; resubmitted Oct. first submission May 2017; resubmitted Oct. first submission June 22, 2017; resubmitted Sept. first submission May 2017; resubmitted June 2018). first submission April 2017; resubmitted May 2018). 2017; resubmitted Dec.

Settlement 52

Settlement Litigation Marketing Marketing 52

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!

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IP Contracts Social Media Copying 94

Kashishipr

AUGUST 2, 2021

Hard copies of the documents uploaded in the online application are sent along with the UTRN to the Customs Office. Documents required to be filed online along with the application are as follows: Proof of ownership of the IPR and copies of the corresponding registration certificate. Demand draft of Rs.

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IP Intellectual Property Registration Registering Trademarks 105

IP and Legal Filings

OCTOBER 19, 2022

2560 (2017) and Section 140 of the Civil and Commercial Code of Thailand, which are further expanded upon in other provisions. An NFT is viewed from the viewpoint that buying one grants the buyer a proprietary right to each and every copy or iteration of the underlying work. Conclusion.

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Artwork Copying Contracts Copyright 60

IIPRD

FEBRUARY 8, 2024

7] Risk of unauthorised disclosure, copying, or use of confidential or proprietary information, trade secrets, or copyrighted material stored in the cloud increases. 9] Regulation (EU) 2016/679, European Parliament and of the Council of 27 April, 2016 [10] Integrated Goods and Service Act, 2017, No. link] (Accessed: 29 October 2023).

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Intellectual Property IP Government Technology 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

The IPKat

AUGUST 15, 2023

This case was dismissed in June 2023 in an order by Judge Sykes, for failure to plead copying – primarily for lack of 'access'. Russell Brown and Sandy Linzer who allege that Lipa copied their composition 'Wiggle and Giggle All Night' (recorded by Cory Daye in 1979) and 'Don Diablo' (for which they own the rights).

Copyright Infringement 52

Copyright Infringement Music Copyright Contracts 52