BYU Copyright Blog

JANUARY 18, 2022

On January 3, 2022, Michael James Otto ("Otto") filed suit against Minnesota Independent School District No. 273 (the "District"), claiming that the District violated the longstanding copyright permissions agreement that governed the District's use of a hornet logo designed by Otto (the "Logo").

Copyright Infringement 95

Copyright Infringement Copyright Contracts Government 95

Kluwer Copyright Blog

APRIL 13, 2023

In this edition, we report on an AG Opinion that came out late in 2022 and update you on what has happened in the first trimester of 2023 in EU copyright law. On 15 December 2022, AG Szpunar delivered his opinion which sought to clarify the exception’s application to the rights of reproduction and communication to the public respectively.

Copyright Law 74

Copyright Law Law Copyright Copying 74

Copyright Lately

APRIL 6, 2024

A federal court has shot down a copyright infringement lawsuit claiming that Top Gun: Maverick flew too close to a 1983 magazine article that inspired the original film. After Judge Anderson allowed the Yonay case to proceed past the pleading stage , the parties designated dueling experts.

Copyright 91

Copyright Copyright Infringement Social Media Licensing 91

Olartemoure Blog

MAY 13, 2022

The Colombian government has notified the World Intellectual Property Organization ( WIPO ) a declaration modifying the amounts of individual fee to be paid regarding Colombia according to Article 8.7 The territorial application will take effect on 1 December 2022. of the Madrid Protocol. 12/05/22 – International Trade.

Non-Fungible Tokens 52

Non-Fungible Tokens Intellectual Property Moral Rights Contracts 52

The IPKat

NOVEMBER 15, 2022

In this case “Juventus claimed that the realization and commercialization by Blockeras of its Coin of Champions and NFT-based cards would infringe its trade mark rights” (from Eleonora’s article). As anything else which is written on a blockchain, the smart contracts, once deployed (i.e.,

Contracts 82

Contracts Non-Fungible Tokens Technology Advertising 82

Kluwer Copyright Blog

SEPTEMBER 28, 2022

© Simon Geiregat 2022. Leaning on the findings from two freely available research articles on portability in recent consumer protection law and on the Data Act proposal , this two-post contribution offers an overview and some food for thought. Portability as a Consumer Contract Remedy.

IP 94

IP Contracts Social Media Copying 94

Technology & Marketing Law Blog

JANUARY 28, 2022

This is the screen design at issue: This is the Maine Supreme Court’s first foray into online contract formation. The court does not like the “done” approach: to a reasonably prudent user, clicking “DONE” would not indicate assent to a contract or, in fact, anything beyond having completed the registration process.

Contracts 97

Contracts Registration Designs Design 97

Herbert Smith Freehills

DECEMBER 8, 2022

On 1 June 2022 new competition rules for vertical agreements came into force in the EU and UK, the first time the two have diverged in recent years and a move requiring businesses operating in the territories to comply with both regimes. Last update: Friday, 9 December, 2022 - 00:15. Read more. . CMA increased focus on greenwashing.

Social Media 52

Social Media Branding Brands Branding 52

Fish & Richardson Trademark & Copyright Thoughts

APRIL 5, 2022

The ITC monthly wrap-up for March 2022 focuses on two Federal Circuit decisions that help explore two of the major differences between patent litigation in the International Trade Commission (ITC) and federal district court: (1) the form of relief (injunctive relief; not monetary damages), and (2) the domestic industry requirement per 19 U.S.C.

Contracts 52

Contracts Litigation Patent Designs 52

The IPKat

JANUARY 30, 2022

Here they are in case you missed them: TRADE MARKS Katfriend Marijus Dingilevskis posted on a recent decision of the Lithuanian Supreme Court, which states that even if a trade mark has been registered in the international register for 40 years, this is no guarantee that a subsequent national designation will be also registered.

Moral Rights 76

Moral Rights Database Right Designs Design 76

43(B)log

FEBRUARY 22, 2023

She has recently published articles about racial disparities in bankruptcy chapter use, the Consumer Financial Protection Bureau's complaints process and supervision program as well as on how consumer bankruptcy attorneys adapted to the Bankruptcy Abuse Prevention and Consumer Protection Act. Toussaint, Ph.D.,

Law 86

Law Journalism Contracts Publishing 86

Herbert Smith Freehills

DECEMBER 8, 2022

On 1 June 2022 new competition rules for vertical agreements came into force in the EU and UK, the first time the two have diverged in recent years and a move requiring businesses operating in the territories to comply with both regimes. Read more. . Treatment of most favoured nation clauses – Stricter approach and more clarity needed.

Social Media 52

Social Media Branding Brands Branding 52

The IPKat

JUNE 26, 2022

The event is designed to encourage interactive discussions among participants through panel debates, with each of them covering 4 or 5 key topics related to each specific sector. There will also be panels on CJEU and General Court case law, judicial approaches to parasitic competition, and international design protection strategies.

Intellectual Property 117

Intellectual Property IP Registration Copyright 117

The IPKat

MARCH 27, 2022

A very popular design of one of these boots is based on a traditional Spanish riding boot - the Regina boot or Heeled Regina - which looks like the below (and for a closer look click here ). Although their products have the "country" look and feel about them, the products aren't designed for serious country wear.

Designs 52

Designs Design Copying Art 52

Kluwer Copyright Blog

AUGUST 24, 2022

As previously reported , between October 2021 and January 2022 the UK Intellectual Property Office held a public consultation on the intersection between artificial intelligence (AI) and intellectual property laws (more specifically, copyright and patents). The consultation closed in the beginning of January 2022.

Government 95

Government Intellectual Property Licensing Copyright 95

Technology & Marketing Law Blog

DECEMBER 7, 2022

” Prager, which makes misleading videos that appear designed to radicalize kids to the MAGA agenda, sued YouTube over its demonetization decisions, claiming that YouTube had engaged in biased content moderation. Prager tried a variety of contract-based workarounds to Section 230. YouTube defended on Section 230 and other grounds.

Contracts 137

Contracts Publishing Law Government 137

Indiana Intellectual Property Law

FEBRUARY 23, 2023

MaddenCo owns Copyright Registration Number TX0009171151 entitled “The Tire Dealer System” with an effective registration date of August 26, 2022. Per Plaintiff’s website, MaddenCo is a privately held family business and has been for over 40 years. According to the complaint, both Defendants Reed and Darby were employed by MaddenCo.

False Advertising 52

False Advertising Confidentiality Copyright Infringement Contracts 52

Plagiarism Today

JANUARY 5, 2023

As we discussed earlier this week , artificial intelligence was by far the biggest and most important plagiarism story of 2022 and likely will be in 2023. That has been further compounded by the release of ChatGPT in November 2022. Can detect essay mill and other forms of contract cheating. The issue is simple. Advantages: .

Plagiarism 224

Plagiarism Editing Technology Contracts 224

Kluwer Copyright Blog

JUNE 7, 2023

Described as “an intellectual property pioneer and modern legal historian” , his untimely death in January 2022 was a blow for the academic community. This examined the problem of authors’ remuneration: authors’ contracts tend to result in disproportionately low revenues relative to the returns of investors and intermediaries.

Contracts 52

Contracts Derivative Work Intellectual Property Music 52

LexBlog IP

AUGUST 20, 2023

41 of 2022 on Civil Personal Status for Non-Muslims in the UAE, along with Abu Dhabi Law No. This article aims to provide an overview of the difference between the divorce decree and the marital settlement under UAE law, taking into account the legal implications for both Muslim and non-Muslim couples. 41 of 2022 and Abu Dhabi Law No.

Settlement 52

Settlement Law Contracts Government 52

Kluwer Copyright Blog

MAY 11, 2023

The exception is broadly similar to that contained in Article 3 of the Directive. In cases of computational analysis of commercial significance, by contrast, the new Section 53B of the CRRA closely follows the Directive’s provision under Article 4 by acknowledging the logic of proprietary control over data contained in copyright works.

Copying 102

Copying Copyright Law Copyright Social Media 102

LexBlog IP

OCTOBER 19, 2021

Under SB 62, “any person contracting for the performance of garment manufacturing” is joint and severally liable with any of their manufacturers and contractors, thus creating upstream responsibility for unpaid wages, attorney’s fees, and civil penalties arising from Labor Code violations.

Law 52

Law Contracts Branding Brands 52

LexBlog IP

MARCH 6, 2023

See our colleague’s impressions from the 2022 MJ BizCon cannabis conference here. For example, a contract used to hire thieves to rob a bank couldn’t be enforced by a court of law for the purpose of robbing the bank. 23, 2022). [1] This post was originally published on Seyfarth’s The Blunt Truth blog.

Litigation 52

Litigation Patent Design Patent Patent Application 52

The IPKat

JULY 4, 2021

Thus, the changes described below are expected to enter into force in a few weeks, except (iii), which will enter into force in spring 2022. The Beijing Treaty on Audiovisual Performances (the “Treaty”) came into force on 28 April 2020 in the first thirty contracting parties. Kluwer Patent Blog reported on the changes.

Blogging 85

Blogging IP Designs Design 85

Trading Secrets

MARCH 22, 2022

But for famed wedding dress designer, Hayley Paige Gutman, she certainly is ruing the Second Circuit’s recent decision to revive its 1999 holding of Ticor Title Ins. Included within the JLM contract were certain restrictive covenants, including a non-competition agreement, as well as various intellectual property assignment provisions.

Social Media 59

Social Media Contracts Confidentiality Business 59

43(B)log

MARCH 10, 2023

She has recently published articles about racial disparities in bankruptcy chapter use, the Consumer Financial Protection Bureau's complaints process and supervision program as well as on how consumer bankruptcy attorneys adapted to the Bankruptcy Abuse Prevention and Consumer Protection Act. Toussaint, Ph.D.,

Journalism 56

Journalism Contracts Law Publishing 56

LexBlog IP

SEPTEMBER 7, 2022

Cherokee Nation Strategic Programs, LLC , the Tenth Circuit applied this test to a dispute over the poaching of employees, holding that the breach of fiduciary duty and misappropriate of trade secret claims survived Rule 12(b)(6)’s standards but that the breach of contract claims were insufficient as a matter of law.

Blogging 52

Blogging Reporting Law Litigation 52

Kluwer Copyright Blog

MARCH 19, 2024

Background Wali’s predicament started on July 2, 2022, when Kurasov wrote on his personal Facebook page: “My paintings were used in Cairo subway without my permission and even mentioning my name! Defense counsel corroborated these arguments with detailed and technical explanations presented to the court. Commentary & Conclusion Kurasov v.

Art 56

Art Plagiarism Artwork Graphic Design 56

Kluwer Copyright Blog

MARCH 19, 2024

Background Wali’s predicament started on July 2, 2022, when Kurasov wrote on his personal Facebook page: “My paintings were used in Cairo subway without my permission and even mentioning my name! Defense counsel corroborated these arguments with detailed and technical explanations presented to the court. Commentary & Conclusion Wali v.

Art 52

Art Plagiarism Artwork Graphic Design 52

Patently-O

MAY 2, 2022

2022) focuses on the classic patent law question of whether the inventor’s pre-filing sales activity serve to bar the patent from issuing. On appeal, the Federal Circuit looked to the contract and its own prior precedent to conclude that a purchase agreement is a classic offer to sell. by Dennis Crouch. Venture (Fed.

Invention 82

Invention Contracts Licensing Inventor 82

LexBlog IP

OCTOBER 4, 2022

Welcome to 2022 : everyone is busier than ever, asked to read more emails, messages, memos, articles, books— and yes, blog posts (even this one!)— I write contracts, I draft new trademark applications, I send emails—lots of opportunities to communicate well, or not. — than ever before.

Contracts 52

Contracts Blogging Designs Design 52

Technology & Marketing Law Blog

AUGUST 7, 2023

For my thoughts about self-publishing an ebook casebook, see this article. Meanwhile, product design is the real Section 230 battlefront today, and the Lemmon case is the flagship case for that line of litigation. Verio ruling (both the contracts and TTC portions) and the Hamidi ruling. I posted the 2022 version.

Editing 52

Editing Law Contracts Privacy 52

LexBlog IP

JUNE 28, 2023

3) According to the Court, the term “sale” used in article 41 of the Copyright Law must be interpreted in a broad sense. This prevents the possible infringement of the exclusive right to reproduce a computer program provided for in article 42(2) of the Copyright Law, which belongs to the creator or author of the relevant program.

Copying 52

Copying Copyright Law Copyright Editing 52

LexBlog IP

APRIL 13, 2023

111 of 2022 on the Regulation of Virtual Assets and their Service Providers, which is another legislative advancement, constructs a standard for businesses involved in virtual assets, and throws light on how they will be regulated. The recently enforced Cabinet Decision No.

Licensing 40

Licensing Law Government Designs 40

43(B)log

NOVEMBER 23, 2022

SA-22-CV-00096-XR, 2022 WL 17086368 (W.D. 18, 2022) Lexmark provides standing to a purchaser because the harms it alleged are “commercial” harms. The false advertising plausibly caused the plaintiff to enter into the contract with the defendant. Breach of contract survived. AHBP LLC v.

False Advertising 99

False Advertising Advertising Advertising Business 99

Technology & Marketing Law Blog

JUNE 11, 2022

March 21, 2022). RCN Telecom Services, LLC , 2022 WL 1291388 (D. April 29, 2022). It also clearly had the right and ability to control the display of the Subject Images—its own employees published the infringing articles—and it received a financial benefit from them in the form of paid advertising. * March 9, 2022).

Copyright 112

Copyright Copying Copyright Infringement Copyright Law 112

LexBlog IP

FEBRUARY 15, 2022

10, 2022), serves as a warning to prospective filers that making pre-filing offers for sale, or engaging in discussions for future sales, can be detrimental to one’s ability to obtain both design and utility patents. Design Patent No. A recent Federal Circuit decision, Junker v. Components, Inc. , 2021-1649 (Feb.

Patent 52

Patent Invention Designs Design 52