competitor's copying of photos doesn't inherently inflict competitive harm

43(B)log

He did allege sadness, distress, and “profound grief” from Natorp’s copying of images of a particular landscape job, but the Lanham Act doesn’t cover psychological, emotional harm. McCleese v. Natorp’s, Inc., 2021 WL 2270511, No. 1:20-cv-118 (S.D. Ohio Jun.

AG Hogan advises CJEU to rule that private copying exception also applies in the cloud but that an additional private copying levy might be unavailable

The IPKat

Kat cloud Does the private copying exception and, with it, the fair compensation requirement under Article 5(2)(b) of the InfoSoc Directive apply to reproductions carried out by using cloud-based recording services?

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false advertising as a workaround when municipal codes are copied?

43(B)log

It allegedly sold or gave away unauthorized copies of the I-Codes and Custom Codes to both customers and prospective customers. International Code Council, Inc. UpCodes, Inc., 2021 WL 1236106, Nos. 17 Civ. 6261 (VM) & 20 Civ. 4316 (VM) (S.D.N.Y.

Text Written So Well That It Needs To Be Copied?

BYU Copyright Blog

Lehren”), claiming that Lehren copied “significant portions” of its website.Since then, Lehren has responded to these allegations. On June 13, 2021, Lehren filed its Answer wherein it admitted that it “copied a limited amount of text.”

Private Copying Levy for Social Purposes – Draft Changes in Poland and Compatibility with EU Law – Part I

Kluwer Copyright Blog

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy (also known as the blank media tax or levy). According to the new proposal, the private copying levy is to be collected in future by tax offices.

Private Copying Levy for Social Purposes – Draft Changes in Poland and Compatibility with EU Law – Part II

Kluwer Copyright Blog

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy. This important aspect of the functioning of the private copying levy as compensation for creators has disappeared from the draft law.

Supreme Court Finds Google’s Copying of Oracle’s APIs a Fair Use

JD Supra Law

A recent Supreme Court decision has finally put an end to the longstanding fight between Oracle and Google concerning Google’s use of Oracle’s copyrighted Java Application Programming Interfaces (APIs).

Copy and Paste – Supreme Court Holds Copying Software Function Calls Was Fair Use

TraskBritt Intellectual Property

When developing Android, Google had copied the text and format of function calls from Oracle’s Java SE Application Programming Interface (API). This copying enabled programmers already familiar with the Java programming language to easily learn to program for Android, jumpstarting the library of applications available on Google’s platform. LEXIS 1864 (2021), the Supreme Court held that Google’s copying was permissible fair use. The U.S.

Truncation and Providing Copies of Checks

GDB Firm Blog

Some banks go so far as to provide no paper statements and their Internet banking does not provide copies of paid checks unless the depositor asks for them. A recent decision of a New York appellate court suggests that complete truncation, without providing copies of paid checks, is a bad idea. The Bank had provided copies of the paid checks to the company. Many banks truncate checks.

Does Failure to Submit Copies to Copyright Office Put an End to Copyright?

Dear Rich IP Blog

Questions: (1) As I understand it, the publisher would have had to submit 2 copies of the magazine to the Library of Congress to complete the registration process. How can I find out if the publisher actually sent copies of the magazine to the LoC to complete the process? (2)

Aldi Says Its Caterpillar Cake No Cookie-Cutter Copy Of M&S'

IP Law 360

Aldi hit back against Marks & Spencer in their High Court caterpillar cake-off, arguing that the rival supermarket chain did not invent the concept of the insect-themed milk-chocolate creation the discounter is accused of copying

Supreme Court Finds Google’s Copying of Oracle’s APIs a Fair Use

LexBlog IP

In this case, Google copied 37 Java API packages and wrote its own implementation code underlying those API packages for use by developers on its Android operating system. Oracle, it is clear that not all copying of copyrighted code will subject a developer to liability.

If copyright law won’t protect small fashion brands against copying, social media will – just ask influencer Danielle Bernstein

JIPEL Copyright Blog

However, an equally long list of controversies accompanies this list of accomplishments, the majority of which involve alleged copying. Nordstrom removed the pieces at issue, and everything seemed to be fine on the copying front—until 2020 hit.

Can I Copy from an Unpublished Library Manuscript?

Dear Rich IP Blog

If you are simply copying a paragraph or two (say 150 - 200 words) for an academic monograph, a court is likely to consider it fair use because your use is transformative (for commentary) and your borrowing is minimal. Dear Rich: I am in the final stages of publishing an academic monograph.

Rare Books Publisher Valancourt Versus The Deposit Requirement

The Illusion of More

On July 23, the District Court for the District of Columbia denied publisher Valancourt’s claims that the requirement to provide deposit copies of U.S. Copyright Law & Policy Lit/Pub Copyright Office deposit copies Featured Library of Congress Valancourt Books

Can I Use James Joyce Case to Justify Copying?

Dear Rich IP Blog

Dear Rich: I am an Australian author now based on Italy. I have written a biography of a major Italian journalist with the permission/collaboration of his publisher and newspaper, obtained by my former Australian publisher, which approved the manuscript for publication.

Damage to the Global Economy From Counterfeit Goods Exceeds $300 Billion; Risk of Injury, too

IP Close Up

Data News People Places Research Transactions Uncategorized clothing Consumer Reports consumers cosmetics counterfeits ebay Ecommerce electronics fake goods global economy Internet IPRCenter.gov knockoffs medications online replacement parts unauthorized copies

API Copying Now Fair Game in the Wake of Supreme Court’s Decision in Google LLC v. Oracle America Inc.

Trademark and Copyright Law Blog

In considering market effects, the Court considered not just the amount of the loss of Oracle licensing revenue, but also the source of the loss, and the public benefits the copying will likely produce. The decision provides protection for software developers who otherwise would need licenses to copy portions of APIs to make their programs interoperable. The post API Copying Now Fair Game in the Wake of Supreme Court’s Decision in Google LLC v.

Northern District of Illinois Allows Filing of Non-Sealed Audio/Video Exhibits

Chicago IP

The exhibits will be available for purchase and download via the Certified Copy Desk. To purchase electronically-filed audio/visual exhibits: Contact the Certified Copy Desk (CCD) inbox at CCD_ILND@ilnd.uscourts.gov ; Pay the CCD invoice you receive according to the Fee Schedule ; and. Legal News Audio Files Certified Copy Desk Northern District of Illinois Video Files

Clipping Limit Exceeded

Copycense

Uncategorized "Piracy" Amazon.com Barnes & Noble Books & Publishing Copyright DRM & Copy Protection E-Books First Sale & Exhaustion Kindle Michael Lewis The Big Short W.W. Just as K. Matthew considers moving further into the e-book world, W. Norton mucks up. Norton

Supreme Court of Canada Decision Undermines Canada’s Collective Licensing System: A Parliamentary Fix is Needed

Hugh Stephens Blog

Did Fortnite Plagiarize Among Us?

Plagiarism Today

A Long History of Copying. However, it wasn’t the end of Epic Games’ issues with copying. Though Epic Games has long been heavy-handed with its copying in Fortnite , this story seems to have upset not just the developers and creators, but the gamers.

Netflix Movie Screeners Leak on Pirate Sites Before Official Premiere

TorrentFreak

Pirated copies of movies leak all year round, usually after they come out on streaming services or through digital release. These are advance copies of recent movies that are generally sent out to critics and awards voters.

Legal Protection for the Software Arts — Part 5

JD Supra Law

A software rights owner does not have to publish, affix a copyright notice, register with the copyright office, deposit copies of the software with the office to enjoy copyright protection….

Bond’s “No Time to Die” Leaks on Pirate Sites Before U.S. Premiere

TorrentFreak

However, in this case, it leads to the unfortunate situation that pirated copies of the film are already widely available online before people can see them legally. This week the “No Time to Die” premiered in movie theaters around the world.

Copyright Submission Guidelines

Legal Zoom

When you register work with the Copyright Office, you submit a deposit —one or more copies of the work—along with the application. a book, printed flyer, CD, or poster), the Copyright Office requires two physical copies.

Hershey's Embroiled In TM Fight With Calif. Cookie Maker

IP Law 360

sued a keto-friendly California cookie maker in Pennsylvania on Tuesday for allegedly copying the shape of its famous Kisses chocolates — the latest development in a legal battle that began last year when the California company first accused Hershey's of copying one of its trademarks Hershey's Co.

The De Minimis Concept in Copyright Cases – The Ninth Circuit Says What it is and What it Isn’t

JD Supra Law

In essence, the Ninth Circuit explained that de minimis goes to the amount of copying of a copyrighted work as opposed to any de minimis use or display of any such a work. In a recent case, Bell v.

The Federal Circuit Addresses Commercial Success

JD Supra Law

include commercial success, long felt but unsolved needs, unexpected results, copying by others, industry praise, and failure of others.

The Elizabeth Haigh Cookbook Plagiarism Scandal

Plagiarism Today

As such, new copies of Makan are now unavailable on major retailer websites. One quick look at the examples shows clearly that Haigh copied words from other sources and then attempted to rewrite the relevant passages.

Disney+ ‘Behind the Attraction’ Accused of Plagiarism

Plagiarism Today

All this raises a simple question: Did the series copy St Onge’s work? Onge and others who spotted the similarities, someone who worked on the series closely copied or even traced St. This leaves little doubt that, somewhere along the way, copied images made it into the show.

This Week in the Ninth: City Skylines and Stadium Seating

JD Supra Law

WILMOTT STORAGE SERVICES, LLC The Court holds that the “de minimis” use defense to copyright infringement applies only where the defendant’s copying of the protected work is insubstantial, and not where that copying is total but inadvertent or inconsequential.

Kids' YouTube Channel CoComelon Files IP Suit Against Rival

IP Law 360

The makers behind the popular children's educational YouTube channel CoComelon have launched a lawsuit in California federal court accusing a Chinese company of "blatantly copying" the channel's content

The Plagiarism of Fast Fashion

Plagiarism Today

Earlier this week, independent fashion designer Bailey Prado took to Instagram to call attention to a different fashion label that, according to her, copied her “whole life.” They are cautious to emulate, but not copy, any elements that can be copyright protected.

The Weeknd Didn't Swipe 'Lonely Night' Melody, 9th Circ. Says

IP Law 360

The Ninth Circuit on Friday refused to revive a copyright infringement suit accusing Canadian pop artist The Weeknd of ripping off a British duo's song to make his track "A Lonely Night," saying there's no evidence the song was copied

How to Use the Bold Brand Scoresheet

Erik K Pelton

For more details and to download your own copy of the scoresheet: see: [link]. Learn all about the Bold Brand Scoresheet, and how to use it, in this brief video (2:41). The post How to Use the Bold Brand Scoresheet appeared first on Erik M Pelton & Associates, PLLC

8 Brand Tips for the Age of Corona Virus – and other Challenging Times

Erik K Pelton

To download your copy, visit here. I recently published a free short ebook to help businesses navigate through challenging times and rough waters. The post 8 Brand Tips for the Age of Corona Virus – and other Challenging Times appeared first on Erik M Pelton & Associates, PLLC

Taiwan Supreme Court hands down judgment on the protection of luxury handbag design

IAM Magazine

In good news for brand owners, the Supreme Court has found in favour of two luxury handbag brands, in a case where a company had copied the accessories’ appearance design.

Taiwan Supreme Court hands down judgment on the protection of luxury handbag design

IAM Magazine

In good news for brand owners, the Supreme Court has found in favour of two luxury handbag brands, in a case where a company had copied the accessories’ appearance design.

Authentication of Prior Art in an IPR Does Not Require Testimony

JD Supra Law

Summary: For purposes of authenticating a prior art reference in IPR proceedings, the Board had an obligation to compare the reference to nearly identical copies in the prosecution histories of the challenged patents. VALVE CORPORATION v. IRONBURG INVENTIONS LTD.

Understanding the Pearson v. Chegg Copyright Infringement Lawsuit

Plagiarism Today

In the lawsuit, Pearson alleges that Chegg, through the use of thousands of freelancers, provides answers to questions found in textbooks it publishes and, in doing so, often copies the question verbatim or with slight paraphrasing.

No Soup for You! Partial Display Design Patent Found Obvious

JD Supra Law

As with utility patents, a patentee can counter obviousness of a patented design by producing objective evidence that the design was non-obvious, like commercial success, copying, etc.

DraftKings, FanDuel Hit With More App Patent Claims In NJ

IP Law 360

in litigation accusing them of copying patented features of its sports betting and fantasy game mobile application DraftKings and FanDuel were hit with additional infringement claims in New Jersey federal court by WinView Inc.