TorrentFreak

AUGUST 12, 2022

Microsoft’s problem is that product activation keys can be ‘decoupled’ from the software they were meant to authorize and then reused to activate more copies of the software, in some cases more copies than the attached Microsoft license permits. Microsoft’s complaint can be found here (pdf).

Copying 106

Copying Licensing Marketing Marketing 106

TorrentFreak

OCTOBER 10, 2022

In 2020, complaints from the Federation of Newspaper Publishers (FIEG) over the illegal distribution of newspapers, periodicals, and books, led to an emergency order requiring Telegram to shut down 19 channels or face blocking itself. In early 2020, ODG filed a complaint at the Public Prosecutor’s Office at the Court of Milan.

Advertising 126

Advertising Advertising Cinema Copyright Infringement 126

TorrentFreak

AUGUST 24, 2021

In April 2020, a coalition of entertainment companies headed up by Universal, Paramount, Columbia, Disney and Amazon filed a copyright infringement lawsuit against the operators of ‘pirate’ IPTV service Nitro TV. channels, which are only possible to offer after content is copied and stored, contrary to copyright law.

Television 135

Television Copyright Infringement Advertising Advertising 135

TorrentFreak

DECEMBER 26, 2021

In a summer 2020 lawsuit , Amazon Content Services, publisher Penguin Random House and several authors including John Grisham and Lee Child, accused several pirate eBook sites of infringing their copyrights. The court also ordered assets to be restrained. Early on it became clear the case was unlikely to be straightforward. in Damages. .”

Web Design 140

Web Design Copyright Publishing Copyright Infringement 140

The IP Law Blog

MARCH 5, 2021

Put in common parlance, if the general public primarily understands the word to designate the product rather than the producer , the word is generic. There is a two-part test used to determine whether a designation is generic: (1) What is the class of goods or services at issue?

Trademark 85

Trademark Branding Brands Branding 85

Kluwer Copyright Blog

OCTOBER 30, 2023

Copyright infringement – Copyright subsists in the Lidl logo and this was copied by Tesco in creating their Clubcard Price(s) signs. As part of this scheme, in September 2020, Tesco introduced the Clubcard Prices promotion: Tesco Clubcard holders were given discounts at the point of sale on certain products.

Copyright 59

Copyright Copying Branding Brands 59

TorrentFreak

FEBRUARY 9, 2024

At the end of 2020, the operator of one of the largest YouTube rippers took the unprecedented step of taking the music industry to court. Judge Leval responded by saying that preventing downloads is of great commercial significance to YouTube, as it generates its revenue from advertising. Is it designed to prevent copying?

Music 97

Music Technology Copying Copyright 97

Garrigues Blog

JUNE 1, 2021

Autocontrol and Asociación Española de Anunciantes (Spanish Advertisers’ Association or AEA) agree on the ethical standards that should be applied to advertising by influencers from January 1, 2021. Mandarins arrive in Luxembourg… the IP ‘case of the year 2020’. My product was copied and I haven’t registered it.

Blogging 52

Blogging IP Advertising Advertising 52

TorrentFreak

FEBRUARY 15, 2022

In 2020, Amazon teamed up with publisher Penguin Random House and authors including John Grisham, Scott Turow and Lee Child to sue several pirate ‘Kiss Library’ eBook sites operating out of Ukraine. When sales are replaced by pirated copies, authors earn a lot less. Whois Privacy Corp., and NameCheap, Inc.,

Social Media 104

Social Media Publishing Copyright Law Copyright 104

Copyright Lately

SEPTEMBER 12, 2022

While these sorts of objects typically aren’t themselves eligible for copyright protection, they often contain pictures or designs which are protectable. One of Deadly Doll’s popular designs is a cartoon image of a bikini-clad pin-up girl holding a skull: Deadly Doll’s original artwork. 17 U.S.C. § Vila’s Motion.

Copyright 96

Copyright Derivative Work Artwork Fair Use 96

43(B)log

NOVEMBER 28, 2022

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. Critiques about “issues of methodology, survey design, reliability, the experience and reputation of the expert, critique of conclusions, and the like go to the weight of the survey rather than its admissibility.”

False Advertising 59

False Advertising Advertising Advertising Social Media 59

TorrentFreak

DECEMBER 6, 2021

“This site is stripped of all AATV branding and designed to appear like it sells VPN software to consumers,” the complaint notes, adding: “Defendants’ actions are consistent with an intent to operate the AATV service in covert manner because they know the service is illegal.”

Copyright Infringement 134

Copyright Infringement Licensing Copying Copyright 134

43(B)log

JULY 20, 2023

for deceptive advertising of dietary supplements in violation of the FTCA and the COVID-19 Consumer Protection Act. Since early 2020, Defendant Nepute and Quickwork have used several platforms, including social media, emails, and radio, to tout the purported benefits of Vitamin D and zinc and to promote Wellness Warrior supplements. ”

Government 52

Government Advertising Advertising Social Media 52

azrights

MARCH 15, 2021

A distinctive asset such as the Nike Swoosh would have been capable of registration as a trademark as soon as the design was created. Securing legal protection gives you scope to build associations to your brand name without fear of competitor copying. Getting trademark rights over shapes is not easy.

Branding 52

Branding Brands Branding Trademark 52

Technology & Marketing Law Blog

FEBRUARY 12, 2024

Philpot sued in 2020 over the 2016 IJR publication, i.e., after the 3 year statute of limitations that no one seems to care about post-Petrella. (In The IJR “article generated approximately $2 to $3 in advertising revenue for IJR based on the number of page views it received.” The Fourth Circuit reverses. Nature of Use.

Fair Use 93

Fair Use Licensing Copyright Marketing 93

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. Anthony, 2020 WL 11206863 (N.D. Signal 23 Television v.

Registration 116

Registration Fair Use Copyright Designs 116

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

This article focuses on regulatory and legislative actions in 2020 that may impact the burgeoning biosimilars space in 2021 and beyond. In particular, the authors review FDA’s preparation for the March 23, 2020 transition date, as well as FDA’s efforts to address biosimilar competition, interchangeability, and the COVID-19 pandemic.

Settlement 40

Settlement Licensing Designs Design 40

43(B)log

AUGUST 24, 2021

CV 19-5495-MWF (JCx), 2020 WL 9073046 (C.D. 16, 2020) Russell owns registered copyrights in certain photos of sculptures that appeared on Walmart’s marketplace. Walmart Inc., Previously, the court found that all of Walmart’s affirmative defenses failed as a matter of law, except its DMCA defense, which remains for trial.

Copyright 81

Copyright Art Copying Reporting 81

The IPKat

DECEMBER 16, 2021

Interested readers can find the Africa IP Highlights 2020, here. CPL had a registered trademark in the word “Conphamol” and the design of the product packaging. In this regard, the Court concluded that the defendants’ song appears to be a case of copying and reproduction of the plaintiff’s work.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

SpicyIP

MARCH 11, 2024

Calm Water Therapeutics Llc vs The Assistant Controller Of Patents And Designs on 28 February, 2024 (Delhi High Court) The appeal challenged the rejection of a patent application for a “Bi-Functional Co-Polymer” by the Assistant Controller of Patents.

Trademark 59

Trademark Registration Copyright Patent 59

Intepat

APRIL 19, 2023

In other words, copyright does not prevent others from creating a similar software program or user interface, as long as they do not copy the original code or design. Controller of Patents (2020) is a more recent case where Data Access Corporation applied for a patent for a “Method and System for Generating a Database”.

Invention 52

Invention Intellectual Property Patent Copyright 52

TorrentFreak

JULY 2, 2023

This job netted between $500 to $1,500 per month, but it also led to a 40-month prison sentence following his arrest in 2020. NIT eventually came up with the ‘ GMTA System ‘ that, among other things, was able to replace traditional advertising posters with digital versions displayed on a plasma screen.

Business 143

Business Government Technology Advertising 143

The IPKat

FEBRUARY 23, 2023

Ltd [2022] EWHC 1895 (Ch) (July 2022) In our last volume , we reported on Samsung being held directly liable as a platform for copied watch faces for Samsung smartwatches. It also noted that offers for sale and advertising were ways of using a trade mark, and this is precisely what the trade mark owner has directed at EU consumers.

Registration 76

Registration Advertising Advertising Law 76

IP Whiteboard

AUGUST 30, 2020

Left: Chris Black’s Jarrangini (buffalo), 2018 © Chris Black/Copyright Agency, 2020. From some general Google searching, it seems common for people to download pictures of works they like and bring them to their tattooist to copy. This leads to a number of questions: Is it copyright infringement to copy a work and use it as a tattoo?

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

IIPRD

AUGUST 4, 2022

For modern designers, this may be both a blessing and a curse. For example, in 2020, @karmanverdi – a Russian Musical Artist – created a novel approach to take photos in Lockdown and titled the series “There are so many ghosts at my site.” False advertising should be avoided when defaming a product.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

Kluwer Copyright Blog

NOVEMBER 17, 2021

The BGH ruled that the exclusive right of distribution of the author also included the right to offer the original or copies of the work to the public to purchase and to advertise to the public, in a targeted manner, the purchase of either the original or copies of the work.

Law 52

Law Copyright Television Copyright Infringement 52

Trading Secrets

JUNE 3, 2022

The district court reasoned that plaintiff needed to demonstrate that the corporate defendant copied plaintiff’s project in order to satisfy the “use” requirement under the DTSA. 19-cv-05611-PJH, 2020 WL 513287 (N.D. 4:18-CV-00910-SDJ-KPJ, 2020 WL 4922117 (E.D. Similarly, in Five Star Gourmet Foods, Inc. Fresh Express, Inc.

Law 59

Law Confidentiality Designs Design 59

IP and Legal Filings

SEPTEMBER 12, 2022

Cooper case, a work does not have to be entirely unique in order to be protected by copyright; rather, there needs to be some effort put into it and it cannot be a carbon copy of another person’s work. The issue of copyrightable material for modern art that is object-based or based on a design still exists, though. Photography.

Art 52

Art Copyright Artistic Work Public Domain 52

43(B)log

FEBRUARY 21, 2024

WCT’s app was first released in 2014 for the iPhone and Pebble watch as a metric-tracking cycling app that was designed to “track speed, distance, altitude, and grade.” WCT’s principal testified that he continued developing a new version of the Bike+ app from 2017 until 2020, writing “over 2.4 Downloads declined after a 2015 peak.

Marketing 59

Marketing Marketing Trademark Branding 59

Patently-O

JANUARY 3, 2024

EL’s design also includes the idea of different elastic strengths. As a result of the testing, EL made a number of tweaks to the design, including the connection mechanism and also determining the best force / elongation parameters for safety and comfort. By November 2019, EL was satisfied with the design.

Patent Law 78

Patent Law Law Patent Patent Application 78

The IPKat

MARCH 25, 2024

In 2020, New Yorker Marketing & Media International GmbH (‘New Yorker’) filed invalidity applications against BIW’s trade marks, alleging that they lacked distinctiveness and were descriptive at the filing date ( Art. New Yorker also referred to BIW trying to popularise Compton in its advertising for the relevant goods.

Music 107

Music Cinema Designs Design 107

43(B)log

AUGUST 18, 2021

were valid and infringed, but the latter wasn’t counterfeited; SMRI’s dilution victory was vacated, but not its victories on deceptive trade practices, ACPA, false advertising, and unfair competition. The Composite Design Mark registration specifically acknowledged that it made “no claim. apart from the mark as shown.”

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

TorrentFreak

NOVEMBER 27, 2021

. “In terms of our client’s loss, our client’s film was originally planned to be released in cinemas in the first quarter of 2020. “In August 2020, our client started to receive emails from distributors explaining that the film was available via BitTorrent. ” Loss Recovery: Cost of Film. .

Copying 139

Copying Settlement Cinema Copyright 139

The TTABlog

DECEMBER 6, 2021

A single color mark on a product design is registrable only upon a showing of acquired distinctiveness. 2020 USPQ2d at 10869. (1) Dimarzio claimed use of the proposed mark since 1979, with millions of consumers observing its guitar pickups in videos, advertisements, and musical performances. Wal-Mart (citing Qualitex ).

Advertising 100

Advertising Advertising Marketing Marketing 100

Copyright Lately

DECEMBER 28, 2022

The company has brought over 300 cases since 2017, often using copyrighted product images as a technical hook to shut down undesired resellers who advertise its products at below retail prices. As I explained in my 2020 worst-of list , this case never should have gone to a jury in the first place. d/b/a Topdon is entirely next level.

Copyright 83

Copyright Art Licensing Social Media 83

43(B)log

FEBRUARY 18, 2022

Industries: advertising, merchandising, movies/TV, and video games. Even where permission not legally required, thought was better results due to advances in technology—social media influencing: the advertiser wants customized content. Celebrities may collaborate on designing the product. Video games: want motion capture.

Fair Use 59

Fair Use Contracts Litigation Copying 59

LexBlog IP

JULY 21, 2021

In Europe and the United States at least, every trademark has at least three purposes: (1) It identifies the origin of a product or service; (2) It guarantees consistent quality of that good or service; (3) It serves as symbolic communication as a basis for publicity and advertising. 75, 79 (2020). Aseri (2020) at 80].

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52