Kluwer Copyright Blog

SEPTEMBER 28, 2022

The recent signing of the Digital Markets Act and the ongoing negotiations on the proposal for a Data Act present excellent opportunities to expand on the novel phenomenon. By contrast, digital data are, as such, not undisputedly considered to be subjectable to ownership rights. Portability as a Consumer Contract Remedy.

IP 94

IP Contracts Social Media Copying 94

IP and Legal Filings

OCTOBER 18, 2022

Early in 2019, the Nepali government proposed a comprehensive IT Bill to replace the current Electronic Transaction Act. An NFT and the corresponding permission to use, copy, or display the asset can be bought and sold in digital markets. And a public proof of ownership for the NFT can be provided via blockchain technology.

Non-Fungible Tokens 52

Non-Fungible Tokens Artwork Privacy Ownership 52

43(B)log

DECEMBER 26, 2022

for unlawfully manufacturing, importing, advertising, marketing, selling, and distributing unauthorized, counterfeit versions of its popular CAKE brand of hemp-derived Delta-8 products. But the distribution right does not include “the mere transportation of goods without a transfer or sale of ownership interest in the goods.”

Copyright Infringement 59

Copyright Infringement Branding Brands Branding 59

IIPRD

APRIL 2, 2024

ix] Generic manufacturers, like those of India, invest heavily in demonstrating bioequivalence and challenging weak brand patents, competing based on cost and supply in a market where multiple bioequivalent products are available. [x] vii] OECD, [link] (last visited Mar. 8, 2024).

Intellectual Property 105

Intellectual Property Branding Brands Branding 105

LexBlog IP

MAY 19, 2023

This ownership interest in the creative work is balanced with the general public’s need to access the creative arts and exercise First Amendment rights. ” [5] When the original and the copy share a similar purpose, there is a concern that the copy will substitute for the original. Oracle America, Inc.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

SpicyIP

JULY 5, 2021

The appellant sought a copy of a PhD Thesis titled “Studies on some nitrogen fixing genes of Azotobacter vinelandi” from Jamia Millia Islamia, a central university and public authority for the purposes of RTI Act. Background. Assessment. suo moto mandatory disclosures. suo moto mandatory disclosures. What is this ‘intent’ anyway?

Patent Application 131

Patent Application Invention Confidentiality Copyright Law 131

Technology & Marketing Law Blog

FEBRUARY 13, 2023

The lawsuit involves sound recordings of 19 interviews that then-President Trump voluntarily gave to Woodward between December 2019 and August 2020, plus one interview from 2016 (when Trump was still a candidate). Third, is Trump’s claim of ownership barred by 17 U.S.C. Simon & Schuster, Inc. 3:23-cv-02333 (N.D.

Copyright 120

Copyright Blogging Publishing Fair Use 120

The IPKat

DECEMBER 16, 2021

While the High Court found Morison liable for trademark infringement as well as passing-off, the trial judge did not make a finding of copyright infringement, stating that as the designer of the device was not called to testify, copyright ownership was not sufficiently proven.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

Technology & Marketing Law Blog

JULY 5, 2022

Soon after, an entity called Bayside asserted copyright ownership of the photos and sent 512(c)(3) takedown notices to Twitter followed by a 512(h) subpoena to unmask CallMeMoneyBags. Market effect. Bayside didn’t explain the market for the photos or how the tweets harmed that market. Amount taken. Kevin McFree.

Fair Use 94

Fair Use Plagiarism Copyright Marketing 94

IIPRD

JANUARY 18, 2022

The idea has spread across all market sectors, and now luxury fashion retailers have joined the tokenization bandwagon. NFTs are created using “smart contracts,” which are software codes that govern actions such as validating ownership and regulating their transferability. is here to stay, and there’s no end in sight.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40

IP and Legal Filings

OCTOBER 28, 2022

NFT creation, investment, sale, and ownership interest exists in Indonesia and elsewhere in the world. As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. Introduction. Non-fungible tokens (“NFTs”) continue to be popular.

Non-Fungible Tokens 86

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 86

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. In 2019, he had a simple website that included a “Where We Work” page.

Blogging 96

Blogging Fair Use Copyright Copyright Notice 96

The IPKat

MAY 12, 2023

They develop, market and sell statistical process control (SPC) software and gauge management software. Mr Aughton denied this and said that the copyright in ProSPC belonged to him because it was written as a hobby project outside his employment and, in any event, he did not copy ProSPC by any means (automatic translation or otherwise).

Copyright Infringement 67

Copyright Infringement Copyright Confidentiality Copying 67

Kluwer Copyright Blog

MAY 9, 2023

In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive. On the other hand, Trendacosta and Doctorow are critical.

Copyright 137

Copyright Fair Use Copyright Law Law 137

Kluwer Copyright Blog

MARCH 13, 2024

2019 ) must be established by platforms with the right to users to have recourse to the ordinary courts or other judicial authorities to ‘assert the use of an exception or limitation’. 6 can require that libraries must have obtained prior lawful access in the sense of a prior transfer of ownership ( VOB v Stichting Leenrecht ).

Copyright 121

Copyright Art Licensing Contracts 121

43(B)log

AUGUST 3, 2023

By defining purpose only as licensing image of Prince—use in a well-structured conventionalized market—the majority gets to be dismissive of the dissent; it doesn’t matter how much Warhol contributed b/c he created a substantially similar image which is now competing with her photograph. It participates in the same conventionalized market.

Fair Use 52

Fair Use Copyright Derivative Work Marketing 52

43(B)log

FEBRUARY 3, 2023

Christopher Buccafusco (& Rebecca Tushnet), Base Rate Neglect in Copying-in-Fact Comes out of an excellent Buccafusco paper about the failures of copying in fact, which led me to think about base rate neglect in cases where plaintiff’s expert claims that it’s not possible that these similarities arose in the absence of copying.

Copyright 59

Copyright Copying Music Fair Use 59

Technology & Marketing Law Blog

JULY 25, 2022

In August 2019, a Starz employee discovered that one of the movies it had licensed ( Bill and Ted’s Excellent Adventure ) was also available on Amazon Prime. It’s copyright infringement because an exclusive license is a transfer of copyright ownership. 1994), the plaintiff gave a copy of his screenplay to a film producer in 1985.

Blogging 86

Blogging Copyright Licensing Copyright Infringement 86

The TTABlog

JULY 6, 2021

Coca-Cola submitted evidence of its ownership of the marks THUMS UP and LIMCA in India for soft drinks, where the marks are well known. The beverages are imported and sold in the United States, and Coca-Cola plans to market THUMS UP and LIMCA beverages more widely in this country. Dickinson Co. , See L’Oreal S.A. Schwimmer and John L.

Registration 98

Registration Marketing Marketing Branding 98

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. 569 (9th Cir.

Blogging 84

Blogging Copyright Settlement Ownership 84

43(B)log

JUNE 26, 2023

16, 2023) The court refused to dismiss copyright and trademark claims based on copying of a TV show format, including the hosts. It developed the show with Big Fish, but the parties agreed that A&E would have exclusive ownership of the rights in Live PD. “In A&E Television Networks, LLC v. 7411 (KPF) (S.D.N.Y.

Social Media 59

Social Media Copying Fair Use Advertising 59

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. This prevented Signal 23 from marketing for ABOUT HIM in addition to seven or eight other shows it had available for purchase on Vimeo.

Registration 112

Registration Fair Use Copyright Designs 112

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings. In 2019, FDA approved a record-breaking ten biosimilars. December 6, 2019. November 15, 2019.

Litigation 52

Litigation Settlement Marketing Marketing 52

The IP Law Blog

MARCH 31, 2022

In an effort to market his script, Desny called Billy Wilder, a writer, producer and director at Paramount Pictures. Desny could not get through to Wilder and subsequently stripped his script to the bare facts so that Wilder’s secretary could copy it in short-hand over the phone.

Contracts 96

Contracts Law Artwork Copyright 96

azrights

MARCH 15, 2021

This protects your underlying business because the trust that the market has in the Nike goods is what motivates them to buy the brand’s products. Securing legal protection gives you scope to build associations to your brand name without fear of competitor copying. Apple recently challenged the use by Pearpro of a pear logo.

Branding 52

Branding Brands Branding Trademark 52

LexBlog IP

JANUARY 5, 2022

26 , rejected the claim that taking away, or ignoring, the ability-to-control indicia of ownership amounts to a taking: Similarly, property rights, including copyright, have been described as ownership of a bundle of rights or interests. (And, Maclean Hunter Market Reports, Inc., .”), affirming 580 SW3d 360, 376, fn.

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

Technology & Marketing Law Blog

MAY 2, 2022

In 2019, the Ninth Circuit upheld the district court’s injunction ruling in favor of hiQ. 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. LinkedIn lawsuit started in 2017.

Cease and Desist 111

Cease and Desist Contracts Privacy Business 111

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

DECEMBER 3, 2021

Ownership in copyrights vests upon creation of the work. [7] 8] Most websites and online market platforms have online dedicated DMCA take-down forms/submissions to make it easier on the brand owner. 8] Most websites and online market platforms have online dedicated DMCA take-down forms/submissions to make it easier on the brand owner.

Branding 52

Branding Brands Branding Intellectual Property 52

Copyright Lately

MARCH 6, 2023

In 2019, actor Cameron Boyce , star of Disney franchises Jesse and Descendants , died tragically following a sudden epileptic seizure. These efforts weren’t designed to protect any market or financial interest in Farrow’s materials, but to silence Weinstein’s victims and suppress Farrow’s disclosure of Weinstein’s misconduct.

Copyright 79

Copyright Derivative Work Fair Use Social Media 79

LexBlog IP

JULY 21, 2021

provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. market for religious publishing and products at $6.8 Dee (2019) at 119. include[es] the contribution of businesses with religious roots. This mid-range estimate puts the value of religion to U.S. World Intellect.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

43(B)log

AUGUST 5, 2021

Industry pushed very hard against cheap copying, and yet as of 2019 there were only 538 registrations in 20 years versus hundreds of thousands of utility patents. Mala Chatterjee, Understanding Intellectual Property: Expression, Function, and Individuation © and patent differ in breadth and type of rights (copying requirement v.

IP 45

IP Invention Designs Design 45

LexBlog IP

MARCH 31, 2022

In an effort to market his script, Desny called Billy Wilder, a writer, producer and director at Paramount Pictures. Desny could not get through to Wilder and subsequently stripped his script to the bare facts so that Wilder’s secretary could copy it in short-hand over the phone.

Contracts 52

Contracts Artwork Law Ownership 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

PDF copy available. Patent and Trademark Office (“USPTO”), climbing from 3,773 in 2010 to 5,319 in 2019 (see Figure 1). But as more players enter the market and obtain patent protection for their innovations, IP disputes among competitors are heating up. billion in 2019 ($31.8 Battery Industry Growth and Trends.

Intellectual Property 52

Intellectual Property Technology Journalism IP 52

Kluwer Copyright Blog

APRIL 20, 2022

As promised in an earlier contribution , I will provide a more reasoned exploration of the Swedish proposal to Article 17 DSM Directive in view of the fact that the Ministry of Justice did not opt for the copy-paste implementation technique. In this first post, out of two, I will address the proposed liability regime. 158, 288).

Copyright 66

Copyright Government Law Intellectual Property Law 66