Kluwer Copyright Blog

JUNE 19, 2023

Image by Tumisu via Pixabay Non-fungible tokens (NFTs) are altering society’s notion of digital ‘ownership’ and redefining the common perspective on distribution of original works to consumers by introducing scarcity to the digital realm.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

TorrentFreak

FEBRUARY 28, 2024

In all cases, whether on physical cartridges or supplied as digital downloads, Switch games contain security measures designed to prevent copying or being run on unauthorized devices. Nintendo says 100% of the copies available were necessarily pirated copies and every user who obtained a copy did so without paying for the game.

Copying 104

Copying Technology Designs Design 104

Technology & Marketing Law Blog

MARCH 6, 2022

Babybus runs a competitive channel that Moonbug believes infringes its copyrights. An example: Moonbug submitted takedown notices to YouTube covering at least 70 videos and sued Babybus for copyright infringement. Babybus counterclaimed for 512(f). The court dismisses Bbybus’ counterclaims. Alper Automotive v.

Fair Use 98

Fair Use Cease and Desist Copying Copyright Infringement 98

43(B)log

DECEMBER 26, 2022

28, 2022) Brick and mortar infringement still exists, and this opinion considers both copyright and trademark claims. for unlawfully manufacturing, importing, advertising, marketing, selling, and distributing unauthorized, counterfeit versions of its popular CAKE brand of hemp-derived Delta-8 products. AKF sued LCF etc.

Copyright Infringement 59

Copyright Infringement Branding Brands Branding 59

IP Tech Blog

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. Therefore, DCs cannot be freely transacted in the Chinese market.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

LexBlog IP

FEBRUARY 15, 2023

While many see China’s AI policies as a cover to curb freedoms and control society, the reality is that China is an active AI developer in a thriving market for AI applications in both the trade and industrial sectors. China is at the forefront of the AI development race. But rights holders must be prepared.

Intellectual Property 52

Intellectual Property Due Diligence Ownership IP 52

The IPKat

DECEMBER 16, 2021

Today, we begin with developments in the copyright field. CPL Industries Limited , dismissed an appeal from the High Court in a copyright infringement, trademark infringement and passing-off suit between two pharmaceutical companies. In January , the Court of Appeal in Nigeria in Morison Industries Plc V.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

TorrentFreak

MAY 13, 2023

The major threat in today’s market has been growing for many years, mainly because it’s so quick and easy. It is now the most prevalent form of online music copyright infringement. But does wordplay stop people from ripping billions of tracks from YouTube and copying them to their machines?

Music 135

Music Branding Brands Branding 135

Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? The court then moves on to consider Viacom’s copyright infringement claim.

Blogging 93

Blogging Social Media Television Fair Use 93

Intepat

JUNE 15, 2023

Introduction With the rise of the mobile application industry, India emerges as a highly profitable market, witnessing over twenty-eight billion downloads in 2022, accounting for 5% of the total global downloads. Deterrent to Infringement – A copyright registration could act as a deterrent against potential infringement.

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

TorrentFreak

MAY 8, 2023

Adjusted for inflation, imported Japanese N64s changed hands for the equivalent of $1,400 in today’s money; a copy of Super Mario 64? Imported into the gray market in Europe, US cartridges were cheaper than their Japanese counterparts. 1201), and infringes copyrights owned by Nintendo.” A snip at $165.

Copying 122

Copying Copyright Licensing Fair Use 122

BYU Copyright Blog

JULY 25, 2023

The case brings claims for copyright infringements under Title 17 of the U.S. and infringed on Messerschmidt's rights to the photographs when they allegedly copied and displayed the photographs on their website. Messerschmidt cites the legal precedent set by the case Feist Publications, Inc. Rural Telephone Service Co.

Intellectual Property 52

Intellectual Property Ownership Copyright Copyright Infringement 52

Velocity of Content

MARCH 16, 2023

I have often felt, however, that these issues were a bit of a misdirection, with at least part of the tech community treating the copyright community like dogs distracted by squirrels. This, of course, could be an accident based on true intellectual curiosity, but I do not believe it. is being used as code. Case 2- Anderson, et al.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Copyright Lately

SEPTEMBER 26, 2022

That order actually topped my list of the 5 Worst Copyright Decisions of 2020 because, by sending the case to a jury, the court effectively ruled that anyone with a tattoo is not in control of the uses to which his or her likeness is put. A plaintiff typically has the burden at trial to prove ownership of a valid copyright.

Fair Use 87

Fair Use Licensing Ownership Copying 87

LexBlog IP

MAY 19, 2023

The Copyright Act motivates creativity by granting the author of an original creative work rights to reproduce their work, prepare derivatives works, and (in the case of pictorial or graphic works) display the copyrighted works publicly. scholarship, or research” [2] and is evaluated through multiple factors. Oracle America, Inc.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

TorrentFreak

OCTOBER 4, 2022

The email doesn’t mention Byrne by name (a red flag in itself) but attempts to achieve the same goals: link to a site, credit the ‘source’, and Byrne won’t get sued for copyright infringement. The image referenced in the email as being the original, copyrighted image, is suspiciously hosted on Imgur.

Social Media 126

Social Media Copyright Infringement Copyright Copying 126

43(B)log

JULY 20, 2022

They then agreed that Chiusa would create and operate a website, colorcopper.com, marketing and distributing Stubenrauch’s copper sheets “to a new industry for copper countertops, bar tops and kitchen backsplash.” There’s a similar copyright registration for this site. 1” therein.

False Advertising 72

False Advertising Ownership Registration Designs 72

Technology & Marketing Law Blog

AUGUST 8, 2021

The Television Academies sued Goodman for copyright infringement, trademark infringement and dilution, and defamation. Copyright Infringement/Fair Use. ” Market Effect. Prior Posts on Section 512(f): * 512(f) Preempts Tortious Interference Claim–Copy Me That v. ” Amount Taken. ” UGH.

Fair Use 131

Fair Use Television Cease and Desist Copyright 131

CopyrightsWorld

MARCH 30, 2021

If you ask any professional working on digital marketing what is the most valuable online asset for a business, you’ll get pretty the same answer. The second one is to get ownership of their copyright, know their rights under the copyright laws and how to protect them. Which ones? What is original work? And now what?

Copyright 74

Copyright Ownership Intellectual Property Blogging 74

Technology & Marketing Law Blog

OCTOBER 4, 2022

But if they want to be double-sure, send a takedown notice on any grounds other than copyright infringement and voila! Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. You know how this claim went. 512(f) disappears entirely.

Cease and Desist 87

Cease and Desist Fair Use Copyright Blogging 87

Technology & Marketing Law Blog

JULY 5, 2022

Soon after, an entity called Bayside asserted copyright ownership of the photos and sent 512(c)(3) takedown notices to Twitter followed by a 512(h) subpoena to unmask CallMeMoneyBags. Market effect. Bayside didn’t explain the market for the photos or how the tweets harmed that market. Amount taken.

Fair Use 96

Fair Use Plagiarism Copyright Marketing 96

43(B)log

JULY 3, 2023

27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. In light of the size of the food market, that’s a bit hard to credit. Industria De Alimentos Zenu S.A.S. Latinfood U.S.

False Advertising 59

False Advertising Advertising Advertising Registration 59

LexBlog IP

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. Ownership and Enforcement. Copyright Ownership.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Technology & Marketing Law Blog

DECEMBER 27, 2023

Another troubling ruling for an Internet access provider trying to shake a contributory copyright claim based on user-caused copyright infringement. 11, 2023): Time and again we have declared that “prevailing defendants in copyright cases are presumptively entitled (and strongly so) to recover attorney fees.”

IP 74

IP Advertising Advertising Copyright 74

IP and Legal Filings

MARCH 15, 2023

The company aims at highlighting the qualities of the products through advertisements which thereafter becomes an advertisement campaign which build the market identity of the product. Advertisements are for public display and therefore, claiming the ownership is a debatable question in the domain of intellectual property.

Advertising 52

Advertising Advertising Intellectual Property Social Media 52

IIPRD

FEBRUARY 6, 2024

While trademarks protect movie titles, important characters, and other film components, copyright protects content from infringement and recognizes the rights of authors. But as the sector grows, so does the problem of intellectual property rights infringement, cybercrimes, copyright infringement , and trademark infringement.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

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. All of these facts placed Defendant on actual notice that it was highly likely that, in fact, Plaintiff’s Sticker Sheet was not infringing the Subject Design.

Registration 113

Registration Fair Use Copyright Designs 113

Corsearch

SEPTEMBER 28, 2023

Identify the type of infringement on Alibaba If you’ve found a counterfeit, lookalike, or an otherwise infringing listing on Alibaba, it’s critical to cite the relevant intellectual property rights and type of infringement. That’s because the platform’s enforcement process varies depending on the type of infringement.

Branding 59

Branding Brands Branding Intellectual Property 59

IIPRD

JANUARY 24, 2023

According to a report titled “$1Tn India Fintech Opportunity”, by Chiratae Ventures and Ernest and Young, Indian Fintech is expected to record a revenue of $200 Billion, it also emphasised that the market for digital lending, which is anticipated to expand to a book size of $515 billion by 2030.

IP 52

IP Invention Intellectual Property Due Diligence 52

43(B)log

AUGUST 4, 2021

Dmitry Karshtedt and Sean Pager, Volition and Intent in the Law of Direct Copyright Infringement Patent and © treat these areas very differently. Congress amended the statute to ensure that retransmissions of cable would be public performance; then the issues shifted to copying. What distinguishes that from a copy shop?]

Copyright 90

Copyright Trademark Copying Fair Use 90

Art Law Journal

JUNE 30, 2022

But, if the author writes a book where one of those kids is named Harry and has a scar on his head from the villain that tried to kill him as a baby, that author will probably receive a copyright infringement letter in the near future. . How do I get a Copyright? How To Win Big In a Copyright Infringement Case.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

IP and Legal Filings

SEPTEMBER 12, 2022

Not granting copyright ownership would severely impact their operations, as any person could easily copy or use their creations, without incurring any liability. While arguing over the fact whether AI systems must be granted authorship or not, it is also important to determine the relevance of such works in the market.

Copyright 52

Copyright Copyright Law Artistic Work Designs 52

Technology & Marketing Law Blog

MAY 15, 2024

If the Supreme Court upholds the discovery rule for copyright cases, or simply declines to address it, the decision will leave copyright defendants exposed to very large awards for years of infringing conduct (as they have been everywhere but the Second Circuit). By Guest Blogger Tyler Ochoa Last week, the U.S. 3d 39 (2d Cir.

Music 96

Music Blogging Copyright Ownership 96

IIPRD

APRIL 21, 2021

in a short span of time to take greater advantage of a situation by developing market strategies and taking business decisions. Data scraping majorly involves the copying of data from a source; therefore the Copyright laws come into the picture. 5] The Copyright Act, 1957—Section 51 – ‘When copyright infringed.’. [6]

Intellectual Property 40

Intellectual Property Business Copyright Intellectual Property Law 40

LexBlog IP

NOVEMBER 17, 2021

Kaira District Co-Operative Milk Producers’ Union Limited and Gujarat Cooperative Milk Marketing Federation Ltd. The Defendants were advertising, marketing and selling milk products in Canada through LinkedIn in association with the trademark AMUL and claiming to be Kaira. Kaira also established trademark infringement.

False Advertising 40

False Advertising Social Media Trademark Branding 40

43(B)log

JUNE 26, 2023

16, 2023) The court refused to dismiss copyright and trademark claims based on copying of a TV show format, including the hosts. It developed the show with Big Fish, but the parties agreed that A&E would have exclusive ownership of the rights in Live PD. “In So they’re in the same online video market.

Social Media 59

Social Media Copying Fair Use Advertising 59

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 88

Music Copyright Copying Copyright Law 88