Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. These provisions served as, among other things, models for Articles 18 and 20 in the new DSM Copyright Directive (2019/790).

Contracts 98

Contracts Copyright Law Cease and Desist 98

Kluwer Copyright Blog

NOVEMBER 17, 2021

Part 1 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 is available here , and parts 3 and 4 will be published on the blog over the coming days. . The BGH arrived at the same ruling as in Cordoba II in another judgment in 2019 called Testversion.

Law 52

Law Copyright Television Copyright Infringement 52

TorrentFreak

FEBRUARY 28, 2023

From March 2016 through November 2019, Carrasquillo and his co-defendants opened fraudulent accounts with TV providers Charter Communications, Comcast, DirecTV, Frontier Corporation, and Verizon Fios. A wire fraud scheme against the victim cable companies from March 2016 through November 23, 2019, in violation of 18 U.S.C.

Copyright Infringement 120

Copyright Infringement Government Television Copying 120

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

Plagiarism Today

AUGUST 11, 2021

Earlier this week, independent fashion designer Bailey Prado took to Instagram to call attention to a different fashion label that, according to her, copied her “whole life.” For example, items that may sell on Prado’s website for up to $300 typical appear as copies on Shein’s app for less than $20.

Plagiarism 263

Plagiarism Designs Design Copying 263

Technology & Marketing Law Blog

JUNE 27, 2023

, Cattelan created artwork named “Comedian” in 2019. Copying-in-Fact. No Wrongful Copying To determine wrongful copying, the court uses the abstraction-filtration-comparison test. This solitary common feature is, on its own, insignificant and insufficient to support a finding of legal copying.

Copyright 90

Copyright Artwork Copying Social Media 90

TorrentFreak

APRIL 5, 2024

A study published by the EU Intellectual Property Office in November 2019 revealed ( pdf ) that Sweden and the Netherlands were the most prolific consumers of pirate IPTV services in the entire bloc, with 9% of each population already exposed. “The Patent and Market Court of Appeal assesses that it is already evident from L.K.’s

Reporting 95

Reporting Marketing Marketing Copying 95

TorrentFreak

OCTOBER 18, 2021

The movie has been in the planning for years, with filming eventually taking place between March and July 2019. released the movie internationally on September 15, which did not include key markets such as the US and UK. From One Copy, Many Others Spawn. Dune Release Latest in High-Profile Leaks from EVO.

Copying 145

Copying Cinema Television Marketing 145

Kluwer Copyright Blog

NOVEMBER 29, 2022

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. Other things being equal, it is generally agreed that copy-out transpositions are preferable to elaboration, as they minimise the possibility of incorrect paraphrasing. Image by Clker-Free-Vector-Images from Pixabay. Mere facts”.

Reporting 52

Reporting Marketing Marketing Copyright 52

TorrentFreak

NOVEMBER 30, 2022

By recording the latest movies directly from the silver screen using concealed devices, ‘cammers’ fuel the illicit piracy market that thrives during the first few days of a film’s initial release. TGx is an open platform with an active and lively community, a relative rarity in today’s streaming-dominated market.

Cinema 125

Cinema Intellectual Property Copying Government 125

Kluwer Copyright Blog

NOVEMBER 16, 2023

By the 2019 Funke , Pelham and Spiegel triptych, the CJEU notably closed the door for national courts to rely directly on fundamental rights as potential means of defence against alleged copyright infringements, in cases where no statutory exceptions are applicable. Interestingly, the Safarov judgment also relies on these provisions.

Copyright 91

Copyright Copying Copyright Law Marketing 91

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. billion in 2019.

Reporting 128

Reporting Intellectual Property Marketing Marketing 128

TorrentFreak

NOVEMBER 5, 2021

However, there are those who have made cottage industries out of the sale of illegal copies at significantly lower prices. One such individual, a 28-year-old man from Denmark, was spotted by Rights Alliance selling copies of textbooks via DBA, Denmark’s most popular online marketplace. Man Handed Suspended Prison Sentence.

Copying 130

Copying Publishing Editing Marketing 130

Kluwer Copyright Blog

JUNE 20, 2023

This doctrine has a significant effect on the economic vitality of the NFT industry, especially when it comes to ‘online exhaustion’ and the prospect of a secondary market in digital content. Firstly, in conformity with the CJEU’s 2012 UsedSoft case, the exhaustion doctrine applies to first sales of computer software copies.

Artwork 98

Artwork Contracts Ownership IP 98

TorrentFreak

DECEMBER 29, 2022

When movies are recorded directly from cinema screens, the resulting pirate copy is known as a ‘cam’, regardless of the device used – camcorder or otherwise. A screenshot from the cam copy of Minions: The Rise of Gru. Forensic investigators linked the copy to a cinema in Leeds, West Yorkshire.

Cinema 127

Cinema Copying Intellectual Property Reporting 127

TorrentFreak

JUNE 21, 2022

For many years Japanese manga companies had a tendency to ignore the majority of overseas markets, despite the potential for lucrative trade. Manga pirates often take credit for what amounted to a highly successful unpaid marketing project but having seen the potential, manga publishers understandably want this market for themselves.

Publishing 140

Publishing Marketing Marketing Free Content 140

TorrentFreak

FEBRUARY 11, 2024

The complaint states that Boomer is the author of the massively popular Roblox games Weight Lifting Simulator (released in 2017/18) and a game with a similar theme called Muscles Legends (2019). The same gameplay mechanics also appear in Get Muscles Simulator but the complaint alleges that copying goes well beyond that.

Copying 75

Copying Artwork Designs Design 75

Kluwer Copyright Blog

DECEMBER 1, 2022

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. This approach has been described as a “balanced” one, as opposed to the more “traditional” one taken by those countries that adopted a copy-out transposition. Image by Clker-Free-Vector-Images from Pixabay.

Reporting 52

Reporting Marketing Marketing Copyright 52

Garrigues Blog

JULY 27, 2021

The World Intellectual Property Organization (WIPO) has published its World Intellectual Property Indicators Report 2020 , which contains valuable information on changes in intellectual property indicators and trends worldwide, from 2018 to 2019, as we discussed in this post. Trademarks. of global filing activity, with the remaining 15.7%

Intellectual Property 52

Intellectual Property Designs Design Trademark 52

BYU Copyright Blog

OCTOBER 17, 2022

In the Complaint, Bowers argues that the Defendants “took Plaintiff’s copyrighted Work without a proper license in order to nationally advertise, market, and promote its business activities across the Kansas City, Missouri area.” The use of the Work on the College's graphic design department website was allegedly discovered in 2019.Bowers

Graphic Design 52

Graphic Design Settlement Advertising Advertising 52

Technology & Marketing Law Blog

FEBRUARY 17, 2022

According to the complaint, when Apple learned of the app, it liked the idea—so much so, in fact, that it copied it. These screenshots (from the complaint) show the alleged copying: I trust the differences are immediately apparent. Apple appeared first on Technology & Marketing Law Blog. Some Related Blog Posts.

Copyright 136

Copyright Copying Blogging Intellectual Property 136

Technology & Marketing Law Blog

OCTOBER 17, 2023

“Kiwi Farms users provided a Google Drive link to a full copy of Mr. Greer’s book.” Somebody,” he explained, “created a copy of [his] book and put it in a Google Drive that is accessible on Kiwi Farms.” on Kiwi Farms” in April 2019. Moon appeared first on Technology & Marketing Law Blog. Greer] money.”

Copyright Law 94

Copyright Law Copyright Law Copyright Infringement 94

Technology & Marketing Law Blog

APRIL 26, 2023

At issue are two versions of the TOS from 2016 and 2019. Amazon updated the TOS in 2019 to make explicit that arbitrability would be decided by an arbitrator, and it emailed the drivers the new TOS. Amazon appeared first on Technology & Marketing Law Blog. ” Amazon claimed its TOS mandated arbitration.

Contracts 76

Contracts Copying Technology Licensing 76

IPilogue

FEBRUARY 28, 2023

The United States Court of Appeals for the Ninth Circuit reversed a 2019 federal district court’s ruling that held a French court’s ruling was unenforceable due to a conflict in copyright laws between the countries. In 2011, to enforce the decision in the States, De Fontbrune brought the case to California who ruled in Wofsy’s favour in 2019.

Fair Use 105

Fair Use Copyright Copyright Infringement Copyright Law 105

Technology & Marketing Law Blog

DECEMBER 27, 2021

The application of this principle to this case is easy: the elements that Defendants allegedly copied from Coscarelli’s cookbooks are primarily lists of ingredients and directions for combining them. MN) (left the case in 2019). Esquared appeared first on Technology & Marketing Law Blog. ” Really?

Copyright 140

Copyright Social Media Copying Blogging 140

TorrentFreak

OCTOBER 16, 2021

BeoutQ’s satellite operations reportedly went offline in August 2019 under assorted diplomatic pressures , but that didn’t stop the transmission of beIN content via its rival’s set-top boxes. BeoutQ was happy to continue broadcasting beIN’s content, however. Many Other Pirate IPTV Providers Pose a Threat.

Reporting 122

Reporting Marketing Marketing Television 122

TorrentFreak

DECEMBER 19, 2023

Formerly known as MindGeek, and Manwin before that , the company conquered the online adult market over the past decade by offering free porn to the masses. Among other things, he allegedly signed a contract to obtain the rights to MG Premium’s content in 2019, leading him to accuse his accusers of copyright infringement.

Copyright Infringement 87

Copyright Infringement Copyright Copying Branding 87

IIPRD

MARCH 4, 2024

It creates an impact in the market, like at the time of collaboration or merger with foreign companies. It was decided by the Supreme Court in the case that the cinematographic films do have the copy right it was on of the issue in the case of Yash Raj Films vs Sri Sri Ganesh Productions. [1] 2] Novartis v. Cipla, I.A. 24863/2014. [3]

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

TorrentFreak

SEPTEMBER 7, 2022

In 2019, Cox Communications was ordered to pay a billion dollars in damages to record labels. According to the plaintiffs, IP addresses allocated to Verizon/Cellco Partnership were monitored by anti-piracy tracking outfit Maverickeye downloading and sharing pirate copies of their movies. Hundreds of Thousands of Infringements.

Copyright Infringement 128

Copyright Infringement Copying IP Reporting 128

IPilogue

OCTOBER 19, 2021

Cookie Department”) for copying Hershey’s famous Kisses shape. Hershey alleges in their complaint that Cookie Department released packaging and marketing materials for cookie products with the same conical shape. For example, in 2019, Hershey’s Kisses were manufactured with broken tips leaving many bakers upset by the quality.

Cease and Desist 106

Cease and Desist Branding Brands Branding 106

SpicyIP

MARCH 15, 2022

Press publishers are dependent on platforms like Google and Facebook for referential traffic on their website making it difficult for them to negotiate with giant platforms especially the ones with the dominant market position. The EU took the Intellectual Property route by introducing a related right under its copy right law.

Publishing 105

Publishing Marketing Marketing Advertising 105

LexBlog IP

SEPTEMBER 22, 2022

It apparently conducted market research and discovered that P&P was one of the most successful sellers on Amazon in this category. In March 2019, P&P sued Johnson Enterprises for trade dress infringement under section 43(a) of the Lanham Act and unfair competition under California law.

Copying 52

Copying Marketing Marketing Advertising 52

TorrentFreak

SEPTEMBER 6, 2022

In 2019, a Virginia jury ordered Internet provider Cox to pay a billion dollars in damages to a group of major record labels. They include YTS, The Pirate Bay, RARBG, 1337x, and others that have been called out in the US Trade Representative’s annual overview of notorious markets. When it does, we will report accordingly.

Copyright Infringement 136

Copyright Infringement IP Copyright Reporting 136

TorrentFreak

MARCH 8, 2023

years in prison for crimes related to Carrasquillo’s pirate IPTV service, Gears TV, which was shut down by the FBI in 2019. He found passion and love in the business of marketing and internet sales.” “Protected works should not be copied. Last month the U.S. government called for 15.5

Social Media 133

Social Media Government Business Copyright 133

TorrentFreak

MAY 8, 2023

Adjusted for inflation, imported Japanese N64s changed hands for the equivalent of $1,400 in today’s money; a copy of Super Mario 64? Imported into the gray market in Europe, US cartridges were cheaper than their Japanese counterparts. A snip at $165. An emulator reference, presumably.

Copying 120

Copying Copyright Licensing Fair Use 120

TorrentFreak

SEPTEMBER 30, 2021

“Plaintiff does not enforce its alleged copyrights to protect the market for its works or to further the useful arts and sciences,” John Doe writes, referring to the purpose of copyright as defined in the US Constitution. Fifteen in total. These include misuse of copyright, fair use, unclean hands, and excessive damages.

Copyright 131

Copyright Settlement Litigation Fair Use 131

IIPRD

NOVEMBER 14, 2023

of the population of India having ingress to the world wide web and ever growing e-commerce market which is forecasted to reach about twenty billion euros by 2030, it becomes pertinent to analyse the interconnect between these two. [1] Bindu Shah, ‘Retail Industry of India’ (IIPTA 1 st December 2019) [link] accessed on 16th August, 2020.

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59