BYU Copyright Blog

SEPTEMBER 12, 2022

Nicholas Youngson, (the photographer who created the image), Youngson's company (RM Media, Ltd.), Pearson Education, Inc. (the "Plaintiff") in an article it produced without complying with the attribution requirements of the license. DoeWe previously reported on this case in late 2019.

Settlement 52

Settlement Licensing Publishing Reporting 52

IP and Legal Filings

DECEMBER 25, 2022

The current trend in internet law, has tended to elevate companies’ rights through contracts and licences while demoting owners to simple users. [1] When a customer buys a Kindle e-book, they are only licencing the book and do not own it. [2] Peak Computer, Inc., Licensing and ownership: What’s the catch?

Non-Fungible Tokens 79

Non-Fungible Tokens Government Law Intellectual Property 79

Patently-O

MARCH 5, 2023

by Dennis Crouch I’ve become somewhat callous toward patent eligibility jurisprudence and so was surprised when I read the Federal Circuit’s decision in ADASA Inc. ” This object number as various blocks pre-allocated to identify the selling-company, product reference, and serial number as shown below. 4th 900 (Fed.

Patent 68

Patent Technology Designs Design 68

The IPKat

APRIL 30, 2024

Background On 30 September 2021, Escobar Inc. Escobar’), the company managing the assets of Pablo Escobar’s family, filed an application for the EU word mark ‘ Pablo Escobar ’ covering various goods and services in classes 3, 5, 9, 10, 12 to 16, 18, 20, 21, 24 to 26 and 28 to 45. Rather, solid and objective evidence is necessary.

Art 67

Art Intellectual Property Registration Publishing 67

Copyright Lately

OCTOBER 24, 2022

Companies like Prepared Food Photos, Inc. have made an entire business out of suing individuals and companies for using relatively generic and utilitarian photos that could, in many instances, be easily replaced by AI-created art. even more transformative than Google Book Search. copyright law.

Artwork 87

Artwork Copyright Infringement Copyright Art 87

SpicyIP

JULY 5, 2021

I conclude that Creative Commons (CC) licenses can make these books available to the public, particularly as e-books on the internet, permitting the re-use and modification of these works for both non-commercial as well as commercial purposes. attempting to restrain imports of Vivint Smart Home Inc.’s Other Posts.

Intellectual Property 105

Intellectual Property Trademark Licensing Copyright 105

IPilogue

JULY 9, 2021

Supreme Court recently decided that the doctrine of assignor estoppel—the judge-made law that prevents an assignor, if sued for IP infringement by the assignee, from contesting the title or validity of the IP it transferred—applies to the assignments of patents in Minerva Surgical, Inc. v Hologic, Inc., 594 US (2021).

Intellectual Property 81

Intellectual Property Editing Intellectual Property Law IP 81

LexBlog IP

DECEMBER 20, 2023

However, the Beijing Internet Court’s holding regarding the copyrightability of AI-generated images could have lasting precedential value, despite the court cautioning that future disputes should be judged on a case-by-case basis. 53, 56 (1884) [4] [link] [5] [link] [6] [link] [7] [link] [8] [link] [9] Feist Publications, Inc.,

Copyright 52

Copyright Copyright Law Intellectual Property Plagiarism 52

IIPRD

NOVEMBER 14, 2023

There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. The policy based considerations include the internal policies of e-commerce sites as well as registrations of companies for their IP. [6] For example, Amazon holds patent over auto-authentications of transactions in India.

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

SpicyIP

DECEMBER 5, 2022

The Plaintiff filed the present suit against the Defendant for uploading an audio book titled ‘Mossad: Greatest Mission of the Israeli Secret Service’ on its online platform. The Defendant claimed it to be an inadvertent mistake on its part and informed the court that the book has been removed from the platform.

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Trademark Registering Trademarks Registration IP 105

Traverse Legal Blog

NOVEMBER 11, 2020

The Players: Airbnb, Inc. Airbnb Payments, Inc , and Airbnb Payments UK Ltd. Travelers can use the Airbnb search feature of the website to locate and book short term rentals (“STRs”) with hosts. Airbnb Hosts have filed class action litigation against Airbnb , Inc and Airbnb Payments, Inc. How Does Airbnb Work?

Litigation 69

Litigation Contracts Business Marketing 69

43(B)log

AUGUST 22, 2022

Content is typically commercial if it makes “representations of fact about the business operations, products, or services of the speaker (or the individual or company that the speaker represents). Sony Pictures Entertainment, Inc., Buena Vista Books, Inc. for the purpose of promoting. the speaker’s products or services.”

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

Intepat

JANUARY 5, 2024

Due to the fact that it is not practicable for copyright owners to detect and fine-tooth comb all the individual users, copyright owners depend on and hold liable the internet intermediaries that allow pirated works to exist. In the case of My Space Inc. Internet intermediaries can be liable for contributory copyright infringement.

Copyright Infringement 52

Copyright Infringement Copyright Privacy Government 52

IIPRD

JANUARY 23, 2023

Amazon was originally construed as an internet retailer or manufacturer of goods ranging from books, houseware, utility products, clothing to many varied ranges of products. Amazon as a major global enterprise with a huge consumer base should and is holding IP in high regard. 4] Adaptix, Inc. 6] Appistry, Inc.

Patent Infringement 52

Patent Infringement Patent Cease and Desist IP 52

43(B)log

DECEMBER 1, 2022

MGFB Properties, Inc. Viacom Inc, No. But Plaintiffs contend they ‘verbally’ licensed their trademark to Kenny Chesney and the company that represents him, Blue Chair Bay Records, and then Blue Chair Bay Records sublicensed the rights to Viacom for the broadcast on CMT.” New Life Art, Inc., 21-13458 (11th Cir.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

SpicyIP

NOVEMBER 15, 2022

the handles of INC and Bharat Jodo Yatra. The above DNRs are NameCheap Inc., Dynadot, LLC, Tucows Inc, Gransy s.r.o., Lt Foods Limited vs Saraswati Trading Company on 11 November, 2022 (Delhi High Court). Comedian Vir Das, Netflix booked for copyright infringement. Image from here. and Sarek Oy. Image from here.

Trademark 105

Trademark Patent Copyright Designs 105

LexBlog IP

JULY 18, 2023

It was trained on a loosely vetted assortment of websites, articles, and books. Many companies and competitors, including Samsung, Apple, JPMorgan, Bank of America, Goldman Sachs and Citigroup, have reportedly heavily restricted the internal use of generative AI tools like ChatGPT due to potential compliance issues.

Business 52

Business Law Reporting Music 52

IP Tech Blog

JULY 18, 2023

It was trained on a loosely vetted assortment of websites, articles, and books. Many companies and competitors, including Samsung, Apple, JPMorgan, Bank of America, Goldman Sachs and Citigroup, have reportedly heavily restricted the internal use of generative AI tools like ChatGPT due to potential compliance issues.

Business 52

Business Law Social Media Reporting 52

Biswajit Sarkar Copyright Blog

JANUARY 19, 2022

The Madras High Court negated the argument by holding that even if ‘Bharat’ and ‘Matrimony’ are descriptive terms and one cannot have a monopoly over it, however ‘Bharatmatrimony’ is a combination of two words, and even without a space in between, it would lead to confusion among customers. Vs Brainlink International Inc. &

Registration 52

Registration Trademark Cinema Business 52

Trading Secrets

JUNE 3, 2022

In the case, a pharmaceutical company sued a former product development employee and his new employer in the District of New Jersey for misappropriation of trade secrets in violation of the DTSA. Similarly, in Five Star Gourmet Foods, Inc. Fresh Express, Inc. at *8; see also Payward, Inc. Contractors Inc.

Law 59

Law Confidentiality Designs Design 59

The TTABlog

JANUARY 4, 2023

Cubatabaco, a Cuban company that first obtained a Cuban registration for COHIBA for cigars in 1972 and sells COHIBA cigars throughout the world, with the exception of the U.S. I have been on somewhat of a personal mission to draw attention to this underappreciated treaty, having written several articles and book chapters about it.

Registration 78

Registration Trademark Law Trademark Branding 78

Patently-O

DECEMBER 11, 2023

Moreover, as we detail below, the best understanding of the application of fair use principles to AI training would hold that the practice is in most if not all instances a fair use. 4] Authors Guild, Inc. 4] Authors Guild, Inc. Accolade, Inc., 4] See Authors Guild, Inc. Google, Inc., 5] Authors Guild, Inc.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

43(B)log

MARCH 25, 2024

Key holding: “The Warnings are both factual and uncontroversial, despite the emotional impact the graphics may have.” Book People, Inc. Nor were cigarette companies required to make difficult contextual judgments weighing multiple factors to determine the warning, since the FDA did it for them. Wong, 91 F.4th

Advertising 64

Advertising Advertising Social Media Government 64

Copyright Lately

JANUARY 31, 2023

Interpolations (Get Money) Interpolations are big business, especially for many of the venture-capital backed companies looking to recoup some of the hundreds of millions of dollars they’ve spent acquiring music publishing rights from the likes of Paul Simon, Stevie Nicks, and Bob Dylan. Frito-Lay, Inc.

Music 99

Music Copyright Licensing Copyright Infringement 99

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

As of the March 23, 2020 transition, however, all “biological product” applications previously approved under the FD&C Act were “deemed” approved under the PHS Act, and companies can now seek biosimilars and interchangeables of these biological products. As noted above, companies are already taking advantage of these new designations.

Settlement 52

Settlement Litigation Marketing Marketing 52

Technology & Marketing Law Blog

DECEMBER 11, 2023

by guest blogger Christine Haight Farley Because it is grading season, when I read the Second Circuit’s per curiam decision in Vans, Inc. Studio, Inc. First, the court got the law wrong by misstating the holding in the Supreme Court’s recent decision in Jack Daniel’s. Likewise, the comic book “Oh, the Places You’ll Boldly Go!”

Blogging 111

Blogging Trademark Branding Brands 111

SpicyIP

APRIL 30, 2023

Case Summaries Delhi District Court (Tis Hazari) restrains ZLib.Org from making available 10 law books for download and imposes costs of INR 2.50 In this case, the plaintiff is a publishing company that claimed that defendant No. 1 violated its copyright by illegally uploading its 10 books on its website. Zlib.Org And Ors.

Confidentiality 105

Confidentiality Trademark Copyright Patent 105

SpicyIP

FEBRUARY 12, 2024

Orange Book & Inaccurate Patents: US Federal Trade Commission in Action Tightening the noose around the inaccurate listing of patents in the Orange Book, the US FTC challenges more than 100 patents listed in the Orange Book. Would you mix up these two labels: Officers Choice and Peace Maker? Samya International Thr.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

Copyright Lately

OCTOBER 25, 2021

You can always get drunk and order random stuff on Amazon curl up with a scary book or Halloween-themed movie, game or music video that’s found its way into copyright history. In 1917, author Mark Twain had already been dead for seven years, but that didn’t stop him from writing a new book—allegedly. Skully Curly.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

SpicyIP

FEBRUARY 20, 2023

Sci-Hub and Public Libraries: Legal Deposit under The Delivery of Books and Newspaper (Public Libraries) Act 1954 Is India’s Research exception a paper tiger provision? SpicyIP Intern Amisha Mittal digs into the concept of Legal Deposit under The Delivery of Books and Newspaper (Public Libraries) Act 1954.

Registration 105

Registration Designs Design Trademark 105

IP and Legal Filings

MAY 3, 2023

Modicum of creativity The interpretation of “originality” has undergone a paradigm shift from the “sweat of the brow” doctrine to the “modicum of creativity” standard as illustrated in Feist Publication Inc. With the information in the public domain, the Rural Telephone Service issued a phone book.

Copyright 87

Copyright Public Domain Copying Publishing 87

SpicyIP

DECEMBER 17, 2023

Emerson Process Management Power and Water Solutions Inc. vs Ravi Gandhi & Anr on 7 December, 2023 (Delhi High Court) Image from here The appellant challenged the modification of an injunction allowing the defendants to use the word “MABELLE” in their company name and business communications. M/S Loreal S.A

IP 59

IP Trademark Advertising Advertising 59

SpicyIP

JANUARY 9, 2023

to hold that while honest and concurrent use can be a defence against damages, it is not a statutory defence and that it is not a shield against an injunction. Case: Perkinelmer Health Sciences Inc and Ors. Holds ‘Swiss Military’ mark cannot be registered by the defendant as it amounts to false trade description.

Trademark 105

Trademark IP Registration Reporting 105

LexBlog IP

JUNE 5, 2023

These were the hot topics in the recently decided Supreme Court case of Andy Warhol Foundation for the Visual Arts, Inc. The case began after Prince died in 2016, when Vanity Fair magazine’s parent company, Condé Nast, published a special commemorative magazine celebrating his life. Acuff-Rose Music, Inc. ,

Fair Use 52

Fair Use Derivative Work Art Licensing 52

LexBlog IP

APRIL 13, 2022

Copyright Claims: Roc-A-Fella Records Inc. Roc-A-Fella Records Inc. According to the Complaint, in early 2021, Damon Dash, who co-owns the record label Roc-A-Fella Records, Inc. (“Roc-A-Fella”) On November 16, 2021, film and television studio Miramax, LLC (“Miramax”) sued Tarantino and his company Visiona Romantica, Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

LexBlog IP

JULY 21, 2021

.” Beyond pure economics, intellectual property rights can impact on the ease or difficulty with which sacred books may be translated into new languages, which has extra-economic impacts as well, as some have noted. That book has a U.S. ” (at page 9 and 13). ” (at page 9 and 13). This blog piece looks beyond the U.S.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Technology & Marketing Law Blog

JANUARY 23, 2024

To use Massage Envy’s online booking service, customers must create an online user profile. We hold only that Doe’s general unconscionability arguments are properly left for the arbitrator. Shemran, Inc. This creates an incentive for companies who create online agreements to have unconscionable sign-in processes.

Contracts 78

Contracts Blogging Advertising Advertising 78