The IPKat

FEBRUARY 20, 2024

Background As previously reported by the IPKat last year, VEGAP, a collective management organisation for intellectual property rights in Spain, brought a claim against Punto Na SA, the IP holding company for the well-known clothing brand Mango, seeking compensation in respect of the alleged infringement of copyright in certain artworks.

Moral Rights 76

Moral Rights Artwork Fair Use Copyright 76

SpicyIP

MAY 1, 2023

Some have argued in favour of fair use, at least in the US context. It has been contended that use of databases should generally be allowed for training, whether the contents of such database are copyrighted or not. It could be argued that such use is protected under Section 52(1)(b) of the Act (i.e.

IP 129

IP Licensing Fair Use Moral Rights 129

Copyright Lately

MAY 17, 2021

And putting aside its pure entertainment value, the sketch also raises some interesting questions about just how much of an original work may be taken before parodic fair use crosses the line into copyright infringement. The Supreme Court’s seminal fair use decision, Campbell v.

Fair Use 96

Fair Use Copying Television Social Media 96

Technology & Marketing Law Blog

OCTOBER 6, 2022

2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. To briefly summarize, the court left the fair use question entirely to the jury, despite its own pre-trial order and the Supreme Court’s recent decision in Google v.

Blogging 134

Blogging Fair Use Copyright Infringement Copyright 134

Plagiarism Today

OCTOBER 26, 2021

This means, theoretically, that elements such as the Superman “S” can be protected by copyright because they are separate elements that are merely copied onto the clothing. Unique Industries , the 3rd Circuit Court of Appeals ruled that masks broadly fall outside the “useful article” classification and do qualify for copyright protection.

Trademark 241

Trademark Copyright Cease and Desist Copying 241

Patently-O

JULY 19, 2023

And, that person’s brand is their name, image, and likeness. This would establish a minimum level of protection against the unauthorized commercial use of a person’s name, image, likeness, or other identifying aspects of their persona. How should we balance free speech, parody, and fair use concerns?

Privacy 98

Privacy Trademark Law Fair Use Trademark 98

TorrentFreak

SEPTEMBER 30, 2021

The company, known for its popular “X-Art” brand, has gone after thousands of alleged file-sharers in U.S. These include misuse of copyright, fair use, unclean hands, and excessive damages. — A copy of John Doe’s first amended answer and counterclaims, filed at a federal court in Texas, is available here (pdf).

Copyright 129

Copyright Settlement Litigation Fair Use 129

Plagiarism Today

OCTOBER 19, 2022

According to Davis, he used the prompt “sparse matrix transpose, cs_” only to have Copilot produce code very similar to his earlier, open-source work. However, the Copilot version did not come with the LGPL license, a requirement of using code under that license, nor was there any indication that it was copied.

Licensing 224

Licensing Copying Fair Use Litigation 224

Copyright Lately

SEPTEMBER 12, 2022

Unfortunately, however, Section 113(c) is like the Generation X of copyright law—it’s remarkably useful, underrated, and largely overlooked—even by copyright lawyers and judges. Case in point is a recent ruling out of the Central District of California involving clothing brand Deadly Doll. Paging Section 113(c).

Copyright 96

Copyright Derivative Work Artwork Fair Use 96

IP and Legal Filings

JUNE 12, 2023

Since copying was for the purpose of criticism, it amounted to fair dealing and did not constitute infringement of the copyright. It has become a common to modify brand names, movie titles etc. Parody is often taken as a defence in trademark infringement suits. to create memes, satirical one-liners etc.,

Copyright Law 83

Copyright Law Copyright Law Copyright Infringement 83

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. DIY Tricks?

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

43(B)log

AUGUST 4, 2021

Cathay Smith: Do you foresee a point in time at which an AI might be able to make a fair use/fair dealing decision in the moment? But fair use/dealing typically involves reproduction of a limited portion, and AI could calculate portion. EFF doesn’t want fair use cases in the system; MPAA does.

Copyright 90

Copyright Trademark Copying Fair Use 90

Technology & Marketing Law Blog

DECEMBER 11, 2023

MSCHF has frequently targeted major brands. Following the Jack Daniel’s decision, to resolve whether the Rogers test applies, the Second Circuit had to determine if MSCHF used Vans’ marks as a mark for its own goods. Unlike the defendant in Jack Daniel’s , MSCHF, at least amongst its relevant consumers, has a valuable brand.

Blogging 112

Blogging Trademark Branding Brands 112

TorrentFreak

FEBRUARY 1, 2024

In summary, H3 says that when it showed the fight along with biting commentary on YouTube, that was fair use, even though the video shown was sourced from a pirated copy of the PPV event. TEI), the company behind various H3-branded channels, filed a counter-complaint against counter-defendant Triller. TEI did pay the $49.99

Copyright Infringement 74

Copyright Infringement Advertising Advertising Copyright 74

The IPKat

JULY 9, 2023

Would they be prepared to take legal action for copyright infringement if someone exploited or copied one of their works? While in the 70s and 80s the use of legal means might have seemed futile to some artists, including Bansky, this is no longer necessarily the case today. The use of cease-and-desist letters is widespread too.

Art 57

Art Copyright Moral Rights Cease and Desist 57

Copyright Lately

MAY 1, 2023

The comments from Michael Nash quoted above really only speak to the input phase, during which audio recordings are copied to a dataset that’s then used to train a voice model. It isn’t human-readable and does not contain copies of any audio recordings. But once created, the voice model is just a set of parameters.

Music 85

Music Copyright Copying Copyright Law 85

43(B)log

AUGUST 11, 2022

Easiest way to make money was to make a film likely to succeed, and copying a successful foreign plot was a good way to do so. Around 2010, some studios started enforcing, e.g., Twentieth Century Fox sued over copying of plot of Phone Booth and was successful. In this case, certain gags had been copied from Knock on Wood.

IP 72

IP Copying Marketing Marketing 72

IP and Legal Filings

APRIL 28, 2022

Tiffany is world renowned jewellery brand famous for selling diamond engagement rings since 19 th century. Costco contended that “Tiffany” is not just a brand name but also a recognised term for ring setting which is not infringement as they have been using it in good faith. ” The Sports Auth.,

Fair Use 52

Fair Use False Advertising Trademark Branding 52

The IPKat

MARCH 24, 2024

Brands like Rolex, Patek Philippe and Audemars Piguet hold rich trade mark and design portfolios and enforce their rights vigorously. This has created a market where the distinction between inspiration (homage=good) and copying (theft=bad) is sometimes difficult to apply.

IP 70

IP Marketing Marketing Reporting 70

LexBlog IP

DECEMBER 6, 2021

Jump To: Trademark Protection for Branding. Trademark Protection for Branding. A trademark cannot be used to protect an invention, coding, or software program. However, a trademark can be a protective and competitive measure for securing branding elements that identify, market, or sell your product.

Intellectual Property 52

Intellectual Property Patent Application Invention Branding 52

IPilogue

AUGUST 3, 2021

Copies of the game along with a gamer’s guide packaged in special extra-large cardboard boxes sat unsold on shelves for months. Due to low sales ( under 150,000 copies sold in North America), the game remained a hidden gem for years until Earthbound ’s main character Ness appeared in the popular 1999 fighting game Super Smash Bros.

Copyright 112

Copyright Music Licensing Copying 112

SpicyIP

OCTOBER 27, 2023

These patterns can intersect with the trademark and other intellectual property (IP) in various ways, although it’s important to note that the use of dark patterns is unethical and often violates principles of fair use and consumer protection.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

SpicyIP

NOVEMBER 26, 2022

To dwell into the same, this post will restrict its analysis to the copyrightability of the impugned data as the same is the most popular reserve to protect data and NSE’s officers’ statement that they in particular do not have a problem with genuine educational platforms depicts a digression towards fair use exemption.

Copyright 105

Copyright Cease and Desist Copyright Law Copying 105

Patently-O

SEPTEMBER 17, 2023

What that means is that design patents are often used to protect brand identifiers as commercial source signifiers. But, are able to do so without needing to satisfy the requirements of trade dress or its more substantial fair use and non-functionality doctrines. Columbia Sportswear N. 3d 1119 (Fed.

Design Patent 71

Design Patent Patent Infringement Designs Design 71

IIPRD

JANUARY 18, 2022

With all the opportunities that NFTs present for a business, there is also the inevitable opportunity for misuse of a business’s or brand owner’s intellectual property rights held in any underlying asset through minting of unauthorized NFTs. the restriction against reproducing or copying copyright works) or communication right is infringed.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40

43(B)log

JUNE 24, 2022

In the fair use calculus? In what ways is the ornamental nature of a defendant’s use relevant to defences based on artistic or expressive use (or some other defence)? Defenses: we don’t have fair use as a catchall; specific list of enumerated defenses. But there is a defense for nondistinctive use.

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

JIPL Online

APRIL 9, 2021

Brands have recently begun to co-opt this form of communication in an attempt to capitalize on the prevalence and effectiveness of memes. [ii] On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

TorrentFreak

JUNE 23, 2022

On June 10, 2022, Google handed over “significant information” on the accounts used to send the fraudulent notices, among them JeremyWilandCSC@gmail.com (Wiland account) and damianreynoldscsc@gmail.com (Reynolds account). Bungie needs to rectify these copyright takedowns and lock down their brand management,” he wrote.

IP 138

IP Copyright Copyright Infringement Music 138

LexBlog IP

JUNE 20, 2023

7 Brand Tennessee Sour Mash Whiskey” turns into “The Old No. As argued by Jack Daniel’s, “[u]nder Rogers , an expressive work is allowed to confuse as long as the use of a mark is artistically relevant and not explicitly misleading. Though not entirely. ” And the descriptive phrase “Old No.

Trademark 40

Trademark Designs Design Fair Use 40

43(B)log

FEBRUARY 25, 2023

Discussant: Mark Lemley Maybe corpus linguistics can help w/things like descriptiveness and nominative fair use, though skeptical about confusion or fame (b/c you need a standard). There’s a strain of marketing literature that uses scanner data: tries to measure effect of brand extension on parent brand.

Trademark 72

Trademark Marketing Marketing Advertising 72

LexBlog IP

NOVEMBER 30, 2022

Varsity Brands , 137 S.Ct. Meredith Corporation : In one case, the alleged infringement involved the copying of approximately 170 recipes, which were accompanied by “much other instructive and valuable matter and information for household and family purposes.” ” Belford, Clarke & Co. Oracle , 141 S. ” Id.

IP 52

IP Intellectual Property Fair Use Trademark 52

43(B)log

FEBRUARY 18, 2022

If it’s cheaper to compete on subjective brand characteristics than on other metrics of quality, then producers will do that. Intentional copying by D often leads to presumption of secondary meaning. Proposals to use secondary meaning to protect generic terms forget that there was a primary meaning.

Copyright 69

Copyright Business Branding Brands 69

LexBlog IP

FEBRUARY 1, 2023

VIP Products, Jack Daniel’s, the maker of the popular whiskey brand, filed a lawsuit against VIP Products, a company that sells a dog toy shaped like a whiskey barrel. Jack Daniel’s argued that the toy infringed on their trademark, as the shape of the whiskey [bottle] is closely associated with their brand.

Trademark 52

Trademark Intellectual Property Branding Brands 52

43(B)log

AUGUST 12, 2021

Selective enforcement feels much more troublesome from a free speech perspective when you’re disallowing only a few people from use. Jennifer Rothman: the disallowed use is most likely to be fair use. Social movements brought down brands that TM law couldn’t. Repatriation of any copies for violation.

IP 90

IP Licensing Law Reporting 90

IIPRD

APRIL 21, 2021

Data scraping majorly involves the copying of data from a source; therefore the Copyright laws come into the picture. Another remedy could be that the work in question is being used for a non-commercial purpose or that it falls under Section 52 of the Copyright Act [4]. References]. [1] 2] The Copyright Act, 1957.—Section

Intellectual Property 40

Intellectual Property Business Copyright Intellectual Property Law 40

LexBlog IP

SEPTEMBER 15, 2022

In the meantime, the lines are still blurry between creative freedom, artistic value, fair use, ownership, marketplace competition, and commercialism in the digital age—at least with respect to NFTs. ” Rothschild lost his motion to dismiss and is seeking certification for an interlocutory appeal.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

43(B)log

FEBRUARY 19, 2022

While Rogers rejected any consideration of whether the speaker had adequate alternatives to using the plaintiff’s trademark because speakers are entitled to choose their own ways of speaking, the religious cases embrace the concept of adequate alternatives. Brands themselves want in on the act, officially sponsoring artists’ modifications.

Trademark Law 72

Trademark Law Trademark Art Branding 72