The IPKat

APRIL 13, 2022

Three years after its adoption, the discussion of and around the Directive on copyright and related rights in the Digital SingleMarket 2019/790 (‘DSM Directive’) is anything but exhausted.

Intellectual Property 52

Intellectual Property Intellectual Property Law Related Rights Registration 52

LexBlog IP

APRIL 6, 2022

Founded in 2012 as a multi-level marketing company (“MLM”) selling women’s clothing, LuLaRoe reached 80,000 distributors by 2017. Throughout this blog post, I take a legal look at both multi-level marketing companies and their close relation to pyramid schemes and Ponzi schemes. MLMs are nothing new.

Marketing 52

Marketing Marketing Social Media Law 52

SpicyIP

JANUARY 23, 2024

The Court also restrained Natco Pharma, Hetero, BDR Pharma, Shilpa Medicare, Alkem, and Laurus Labs from manufacturing and marketing the generic versions of Imbruvica. Pharmacyclics, the plaintiff, is a subsidiary of the US firm AbbVie, while the drug is marketed in India by Johnson & Johnson. Coomi Sarab Warden.

Intellectual Property 129

Intellectual Property Patent Blogging Marketing 129

Technology & Marketing Law Blog

DECEMBER 29, 2021

Reuters published allegedly defamatory stories about Crosswhite in August and September 2019. To reset the SOL, Crosswhite pointed to a Reuters employee’s August 2020 tweet linking to the August 2019 story. ” Applied to this case: the 2020 tweet about the 2019 articles served as a reference for Reuters’ existing audience.

Publishing 115

Publishing Blogging Reporting Marketing 115

Kashishipr

JULY 20, 2022

Although this may sound quite encouraging and motivating for those with original ideas, many famous brands out there are accused and widely recognized for being copycats in the market and, unfortunately, making a lot of money. The stories feature on Instagram is the same as that of its rival and competitor in the market, Snapchat.

Branding 52

Branding Brands Branding Marketing 52

The IPKat

DECEMBER 29, 2021

The European Commission’s Directorate-General for Taxation and Customs Union ( DG TAXUD ) and the European Union Intellectual Property Office ( EUIPO ) recently released the first joint annual report on EU enforcement of intellectual property rights: results at the EU border and in the EU internal market 2020.

Reporting 128

Reporting Intellectual Property Marketing Marketing 128

The IPKat

APRIL 5, 2022

For the purposes of this Law, “act of unfair competition” means that in its production or distribution activities, a business disrupts the order of market competition and causes damage to the lawful rights and interests of the other businesses or consumers, in violation of this Law.

Law 95

Law Business Marketing Marketing 95

Kluwer Copyright Blog

NOVEMBER 22, 2021

Parts 1 and 2 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here and here , and part 4 will be published on the blog shortly. Related rights. In addition to rights of the author, German copyright law also recognises related rights.

Related Rights 52

Related Rights Law Copyright Copying 52

The IPKat

DECEMBER 23, 2022

We now know the outcome of the decision(s): the invalidity of the word mark "ICELAND" and the related figurative mark (below) was confirmed – concluding that both marks had been registered contrary to provisions of Article 7(1)(c) EUTMR. Therefore, the First Board decided to issue an interim decision referring the case to the Grand Board.

Designs 52

Designs Design Registration Government 52

The IPKat

JULY 14, 2021

The judgment (correctly) reverses the earlier, contrary decision of the EUIPO First Board of Appeal ( 2292/2019-1 ). The EUIPO examiner rejected the application considering that the sign would lack distinctive character, in accordance with Article 7(1)(b) EUTMR. As such, it differs from any other shape on the market.

Registration 145

Registration Marketing Marketing Copyright 145

The IPKat

JUNE 18, 2023

On June 19, 2022, Belgium adopted a copyright law that transposed Directive (EU) 2019/790 into the Belgian Code of Economic Law. online platforms] referred to in Article XI.228/10. Reforms of the streaming market have been taking place in the UK, which discusses an equitable remuneration right for streaming. 18 of the Directive.

Music 78

Music Copyright Art Copyright Law 78

SpicyIP

MAY 17, 2023

Prime Concerns: Observations on Section 3(d) and Oppositions Special 301 report shows particular concern about Section 3(d) of the Patents Act, 1970 because it allegedly restricts “patent-eligible subject matter” to get a patent in contravention of Article 27 of the TRIPS (p. 56, para 3). 59, para 1). 59, para 1). 56, para 3).

Reporting 137

Reporting Intellectual Property Patent Application Intellectual Property Law 137

Kluwer Copyright Blog

JANUARY 24, 2024

Sacem’s statement is nevertheless already symbolically significant, given the importance of the collecting society, not only for the music market (it regroups most music publishers, authors and composers in France), but also in the field of lobbying before the French and EU institutions (along with other European collecting societies).

Music 75

Music Publishing Intellectual Property Blogging 75

IPilogue

FEBRUARY 22, 2023

This article was written as a requirement for Prof. Gone are the days when businesses were valued by their ability to market tangible goods. In 2019, they accounted for 91% of the S&P500’s value. In 2019, Canadians contributed 12% of the patents filed in Canada, whereas Americans accounted for half.

IP 106

IP Intellectual Property Reporting Marketing 106

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

This article explores the growth of AI technologies and the reasons for the limited footprint of AI disputes before the PTAB, which provides early lessons that can be used to extrapolate future trends. Read the full article on Bloomberg Law. A Bloomberg Law article noted that U.S. billion market in 2028. Microsoft Corp.

Law 40

Law Patent Technology Art 40

Kluwer Copyright Blog

DECEMBER 11, 2023

A newly introduced article on “Obligations for providers of general-purpose AI models” includes two distinct requirements related to copyright. More interestingly, the provision explicitly links the use of copyrighted works for training AI models to the text and data mining (TDM) exception in Article 4 of the CDSM Directive.

Copyright 145

Copyright Copyright Law Publishing Public Domain 145

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 4, 2021

Fish attorneys John Dragseth and Nitika Gupta Fiorella authored a Law360 Expert Analysis article discussing the post-grant appeals that drove a lot of the legal activity at the Federal Circuit this past year despite the pandemic and what the notable developments in 2020 may mean for 2021. Post-Grant Review Cases | Law360. In Arthrex Inc.

Art 40

Art Litigation Invention Technology 40

The IPKat

DECEMBER 13, 2023

As expected, now that most – though not all – EU Member States have completed their own transpositions of the DSM Directive 2019/790 [IPKat here ] , the time for litigation has come and, with that, referrals for a preliminary ruling to the Court of Justice of the European Union (CJEU).

Related Rights 80

Related Rights Publishing Licensing Contracts 80

TorrentFreak

JUNE 16, 2022

In September 2019, the IPTV market was thrown into turmoil following a huge law enforcement operation in Europe. The company says that following an earlier appeal, on August 3, 2021, the Court of Appeals of Naples found there was no evidence to show that Xtream Codes Ltd acted illegally at any time between 2015 and its closure in 2019.

Law 126

Law Branding Brands Branding 126

The IPKat

AUGUST 17, 2022

The quest for practical and entertaining cases often raises various dilemmas with companies: they are forced to come up with new and quirky solutions in an ever-growing competitive market where children are also in focus. In 2019, Samsonite indeed attempted to register the shape of an iPad/tablet case as an EUTM.

Registration 91

Registration Designs Design Marketing 91

The IPKat

DECEMBER 1, 2023

Article 284 also broadened the scope of financial remuneration for performers, particularly in respect of content shared online. Spotify will therefore be phasing out its service from 1 January 2024, with a view to fully cease all operations in the market by February. Uruguayan Kat wondering where to find music now.

Copyright Law 70

Copyright Law Copyright Law Music 70

Garrigues Blog

APRIL 16, 2024

One interpretation considered that article 270 of the CC only protected the artistic work taken individually, but not when it was included on a product intended for commercial use (clothing, handbags, purses and other items). In the heart of the matter lies the dilemma faced by the various provincial courts of appeal in this regard.

Art 59

Art Artistic Work Law Designs 59

Herbert Smith Freehills

FEBRUARY 8, 2022

The company went public on the Stock Exchange of Hong Kong in December 2019 and acquired Beijing Mico World Technology Co., in July 2020 as part of its expansion into overseas social networking markets. The success of the placement shows the continued strength of the Hong Kong capital markets for emerging TMT companies.".

Marketing 52

Marketing Marketing Technology Publishing 52

TorrentFreak

MARCH 30, 2024

In fact, the MPA nominated it for the USTR’s annual list of notorious piracy markets for the past two years. “MagisTV has been in operation since approximately 2019, significantly longer than its peers. The IPTV service markets through resellers and some unaffiliated third parties try to profit from the brand as well.

Cinema 87

Cinema Branding Brands Branding 87

IP Watchdog

MARCH 23, 2022

The report is a product of the Impact of Technology Expert Group, which was established in early 2019. This describes how human online activity is regulated by law, social norms, and the market, taking into consideration the internet’s technical infrastructure.

Designs 135

Designs Design Copyright Intellectual Property 135

The IPKat

JANUARY 25, 2024

Delta claimed that all the features of appearance of the product concerned by the contested design were solely dictated by the technical function of the product and, for that reason, were excluded from protection under Article 8(1) of the Regulation. On 2 February 2010 Lego obtained RCD No. Delta appealed. Lego appealed.

Designs 70

Designs Design Registration Intellectual Property 70

The IPKat

MARCH 6, 2022

The Institute for Intellectual Property and Market Law (IFIM) at Stockholm University, which I have the honour and pleasure to direct, is delighted to host a new online webinar on 30 March 2022 (between 16:00 and 18:00 CET) to analyze and evaluate the potential impact of some of the most relevant provisions of the DSA.

Intellectual Property 98

Intellectual Property Intellectual Property Law Due Diligence Law 98

IP Watchdog

FEBRUARY 5, 2022

started marketing, the AB Max, a device for treating blepharitis in February 2019. 10,449,087 (the ‘087 patent) on October 22, 2019. District Court for the Eastern District of Michigan, holding that the lower court did not abuse its discretion or clearly err in its factual findings. Myco Industries, Inc.

Patent Application 105

Patent Application Marketing Marketing Patent 105

Fish & Richardson Trademark & Copyright Thoughts

MARCH 14, 2022

Read the full article on Law360. When those early motions are removed, it becomes clear that the District of Delaware routinely grants motions to stay pending IPR after institution—the percentage of stays granted rises to 88%, 91%, and 90% for 2019, 2020, and 2021, respectively. PDF copy available. See, e.g., ON Semiconductor Corp.

Litigation 52

Litigation Patent Art Licensing 52

Herbert Smith Freehills

DECEMBER 22, 2021

"This is just the largest high-profile capital market transaction by a Chinese biotech company on which we have advised,” said Herbert Smith Freehills Kewei joint operation partner Stanley Xie. "We The China BRS product market was valued at US$0.2 billion in 2019, is expected to reach US$6.6 2019??????????BRS????????2???????2030???38.5%?????????66??????????????????2030?????????RDN????????105??????.

Marketing 52

Marketing Marketing Technology Publishing 52

IPilogue

OCTOBER 28, 2021

In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. The Act defines a “useful article” as having a utilitarian function, which encompasses most clothing. There are notable exceptions. In Pyrrha Design Inc.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 26, 2021

Click here to read the full article: Litigation Leaders: Fish & Richardson’s Kurt Glitzenstein on Being the Busiest Patent Litigation Firm in the Land and Keeping it That Way | The American Lawyer. Fish is an elite intellectual property firm that operates at the top of the market. case, which represented the biggest market.

Litigation 40

Litigation Technology Business Patent 40

The IPKat

JANUARY 22, 2024

Gilead brought an infringement action and applied for provisional measures against Mylan before the Finnish Market Court in 2017. The Market Court granted provisional measures against the marketing and sale of Mylan’s generic medicine in 2017. They were subsequently lifted by the Finnish Supreme Court in 2019.

Art 70

Art Intellectual Property Marketing Marketing 70

IPilogue

MARCH 6, 2023

In May 2019, Louboutin sued Eizo under the Unfair Competition Prevention Law, seeking a permanent injunction against Eiko’s production of red-soled high heels and damages of approximately CAD 43,500. The court also took issue with Louboutin’s market research. Eizo”), to shut down Eizo’s use of red soles on high-heeled shoes.

IP 59

IP Branding Brands Branding 59

IP and Legal Filings

OCTOBER 28, 2022

As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. 71 of 2019, dated October 10, 2019, regarding the Provision of Electronic Systems and Transactions. Article 1(1) of Indonesia’s Trademark Law defines trademark.

Non-Fungible Tokens 88

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 88

Kluwer Copyright Blog

NOVEMBER 16, 2023

It therefore held that there was a violation of the positive obligation of the State of Azerbaijan to effectively protect intellectual property (IP) pursuant to Article 1 of Protocol 1. Copyright as Protected Possessions Article 1 of Protocol 1 protects “the right to peaceful enjoyment of possession”.

Copyright 91

Copyright Copying Copyright Law Publishing 91

The IPKat

NOVEMBER 21, 2022

Background In 2018, Mr Trebor Robert Bilkiewicz (the intervener) filed an application for revocation with the EUIPO, pursuant to Article 58(1)(a) EUTMR, of the above three-dimensional EUTM. In 2019, The Topps Company, Inc (the applicant) submitted evidence seeking to establish genuine use of the contested mark.

Registration 73

Registration Designs Design Law 73