SpicyIP

APRIL 24, 2022

For e.g., copyright does not actually protect a particular physical copy of the book or its pdf file, rather, it protects what lies inside it. . They didn’t need permission to borrow from the public corpus or public domain. Definitely, I will not like somebody copying it without my permission. smug smile ).

IP 136

IP Copying Intellectual Property Copyright 136

43(B)log

FEBRUARY 19, 2022

Gripers and Political Critics Cases involving criticism of ordinary commercial actors provide a fascinating contrast to both noncommercial speech sold in the market and to political and religious conflicts. TM bullying w/ a public domain quilt, claiming rights over “Dear Jane” as quilt/software. What to do next?

Trademark Law 72

Trademark Law Trademark Art Branding 72

SpicyIP

NOVEMBER 16, 2023

Hulm Entertainment alleged Fantasy Sports had substantially copied its ‘original trading and stock features’ along with the graphical user interface (GUI) of their fantasy sports mobile application “Exchange22”. The matter found itself back in court, before the Division Bench (DB), in less than a month though.

Copyright 59

Copyright Marketing Marketing Copying 59

Technology & Marketing Law Blog

JUNE 20, 2023

Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. For example, when a sound recording of a musical work gets played on Spotify, both the owner of the copyright in the musical work and the owner of copyright in the sound recording (the derivative work) are entitled to royalties for the public performance.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

Kluwer Copyright Blog

MAY 17, 2023

among others, temporary reproduction, some lawful uses, private copy/reprography, private study, illustration for teaching and research), which are either classified or labelled differently in different Member States, or are qualified as acts outside the scope of copyright instead of L&Es. Private copy and reprography.

Reporting 52

Reporting Copyright Public Domain Copying 52

43(B)log

JUNE 24, 2022

RT: I would say lots of courts in © also try to reduce merger to meaning that you can do anything but copy verbatim, which is a narrowing that many courts in TM don’t bother with, though some variants of Rogers v. Why not have it across all consumer markets? Grimaldi are trending in that direction.] This doesn’t seem good, but why not?

Trademark Law 75

Trademark Law Law Trademark Registration 75

43(B)log

DECEMBER 20, 2022

The 2001 Documentary “sold 50,000 copies in two weeks and revolutionized the Baltimore dirt-bike culture,” inspiring a sequel and plans to make a third film. The original filmography in the 2013 Documentary “captures many similar stunts, at greater length, in higher-definition film.” The similarities in setting, theme, etc.

Fair Use 52

Fair Use Trademark Copyright Editing 52

Kluwer Copyright Blog

NOVEMBER 29, 2022

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. Other things being equal, it is generally agreed that copy-out transpositions are preferable to elaboration, as they minimise the possibility of incorrect paraphrasing. Image by Clker-Free-Vector-Images from Pixabay.

Reporting 52

Reporting Marketing Marketing Copyright 52

43(B)log

JUNE 24, 2022

PTO very occasionally recognizes this—weave pattern for Bottega Veneta, looked at the definition of the mark and said no one would notice the millimeter width of the weave. Which is the same as the problem of market definition, with which TM law has long grappled unsuccessfully and largely silently. F2F works pretty well.]

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

43(B)log

FEBRUARY 23, 2024

Sears/Compco said there was a right to copy things in the public domain; how did that go away? Only if you believe they’ll stick with their statement about the definition of “use in commerce.” Not clear why, but definitely doing it, e.g. in Romag. Where is the public interest being guarded in those statutes?

Trademark 45

Trademark Law Branding Brands 45

Technology & Marketing Law Blog

FEBRUARY 13, 2023

If the work was published without proper copyright notice, the work entered the public domain. Effective January 1, 1978, the date of federal copyright protection was moved back from the date of first publication to the date the work was “fixed in a tangible medium of expression,” or permanently recorded in some form. .

Copyright 119

Copyright Blogging Publishing Fair Use 119