Erik K Pelton

DECEMBER 12, 2022

The following is an edited transcript of my video The Value of a Great Logo. Great logos can be very powerful marketing tools for big businesses and the smallest of businesses as well. A logo is easier to modify and is less likely to be infringed or copied. Some examples of great logos: [See video for images]. Nike , the swoosh.

Branding 147

Branding Brands Branding Copying 147

TorrentFreak

JUNE 14, 2022

Koeltl at the District Court for the Southern District of New York, the plaintiffs say that as leading publishers of tens of thousands of books, they already issue licensed ebook editions to libraries. As for IA’s “Controlled Digital Lending” concept, the plaintiffs insist that has no basis in law.

Publishing 114

Publishing Fair Use Copying Editing 114

Plagiarism Today

JULY 25, 2022

app store and clearly targeted the United States with its marketing. Next up today, Igor Bonifacic at Engadget reports that Meta, the parent company of both Facebook and Instagram, has filed a lawsuit against a website scraping service named Octopus alleging that it has enabled widespread scraping and copying of Instagram profiles.

Cease and Desist 165

Cease and Desist Music Copyright Infringement Licensing 165

TorrentFreak

NOVEMBER 2, 2023

In common with almost every country with a movie and TV show market to protect, Spain regularly conducts operations to shut down or disrupt local pirate IPTV services. As a result, movies, TV shows, and live sporting events, were available at a rate much lower than the legitimate market price.

Editing 84

Editing Marketing Marketing Reporting 84

Kluwer Copyright Blog

MAY 30, 2024

Copyright exhaustion At first sight, the doctrine of copyright exhaustion would seem to provide an immediate shelter to such upcycling practices given their focus on repurposing of the old items that had previously been already placed on the market with the copyright holder’s consent, and not the creation of new, unauthorized items.

Copyright 117

Copyright Copyright Law Business Intellectual Property 117

TorrentFreak

NOVEMBER 5, 2021

However, there are those who have made cottage industries out of the sale of illegal copies at significantly lower prices. One such individual, a 28-year-old man from Denmark, was spotted by Rights Alliance selling copies of textbooks via DBA, Denmark’s most popular online marketplace. Man Handed Suspended Prison Sentence.

Copying 130

Copying Publishing Editing Marketing 130

Plagiarism Today

JANUARY 19, 2022

The rule, entitled copyright exhaustion, places limits on the import of international editions of books. Without this rule, many authors fear the UK market would be flooded with cheaper international copies. According to authors, this enables authors and publishers to sell books at different prices for different countries.

Copyright 198

Copyright Copyright Law Publishing Copyright Infringement 198

The IPKat

JANUARY 25, 2022

Works of art, in the form of the reproduction of a painting, frequently adorns the cover of a reissued edition of a renowned novel. Consider the following book cover of the Penguin Classics edition of Jane Austen's novel, " Mansfield Pak ". You can't judge a book from its cover". "You You can't judge a book from its cover".

Art 133

Art Artwork Copying Moral Rights 133

TorrentFreak

NOVEMBER 16, 2021

The company demanded damages under copyright law claiming that the team “willfully and maliciously” copied, adapted and distributed its source code and other content without permission. This leads to the question of whether the alleged conduct of the defendants affected the market for those games and if so, in what way.

Fair Use 145

Fair Use Copying Copyright Copyright Law 145

Technology & Marketing Law Blog

JANUARY 17, 2024

There was no question about the copying–the revised William Blair documents sloppily retained references to UIRC). Despite UIRC’s copyright registrations, the court says the UIRC’s edits aren’t copyrightable: UIRC did not independently create most of the language in the documents at issue. See, e.g., White v.

Copyright 47

Copyright Copying Copyright Infringement Editing 47

TorrentFreak

JANUARY 31, 2024

Each year around the end of January, the Office of the United States Trade Representative ( USTR ) publishes its annual review of so-called ‘notorious markets’ known for their connections to intellectual property crime. “Cuevana’s use of multiple domains has allowed variants of the site to remain operational.

Reporting 94

Reporting Marketing Marketing Social Media 94

Kluwer Copyright Blog

APRIL 22, 2024

Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. That is, in an NFT there can be an underlying copy of a work of art –typically an image, photograph, piece of music, video or certain audiovisual content– that may be subject to copyright. And why is that? Place your bets!

Copyright 118

Copyright Artwork Moral Rights Non-Fungible Tokens 118

LexBlog IP

SEPTEMBER 27, 2023

For this edition, we decided to make a compilation of answers to questions that we frequently receive from clients who intend to protect their trademarks in Colombia. “I have my trademark registered in the US, Mexico, and Perú, and my products are being sold in the Colombian market.

Trademark 52

Trademark Registration Marketing Marketing 52

LexBlog IP

SEPTEMBER 27, 2023

For this edition, we decided to make a compilation of answers to questions that we frequently receive from clients who intend to protect their trademarks in Colombia. “I have my trademark registered in the US, Mexico, and Perú, and my products are being sold in the Colombian market.

Trademark 52

Trademark Registration Marketing Marketing 52

Patently-O

APRIL 17, 2024

Dawgs alleged that Crocs falsely marketed its “Croslite” shoe material as “patented,” “proprietary,” and “exclusive” when in fact the material ethyl vinyl acetate, a well known compound used by many footwear companies. Crocs largely prevailed in those actions.

False Advertising 115

False Advertising Advertising Advertising Patent 115

Dragons' Den

FEBRUARY 1, 2024

We decided to have patents in as many markets as possible. For businesses like Manta Hair, securing design rights or patents can offer a quicker path to protection, ensuring the uniqueness of their product is safeguarded in the market. Don’t forget to keep a look out for more upcoming editions as we follow the BBC Dragons' Den series.

Blogging 64

Blogging IP Intellectual Property Designs 64

Traverse Legal Blog

JANUARY 26, 2022

There was a recent story that is an instructive lesson in copyright law that has application to the NFT market. An NFT group called TheSpiceDAO bought a copy of the book “Dune” believing they had purchased more than just the book. This limited edition Dune book may be one of 10 copies of this hardback auctioned.

Non-Fungible Tokens 97

Non-Fungible Tokens Licensing Ownership Copying 97

IPilogue

OCTOBER 18, 2022

After a test copy of New Genesis was leaked online, WOTC took issue with development company TSR LLC’s use of their IP rights in the game. Since then, WOTC has licensed the marks to another company which sells older editions of both D&D and the original Star Frontiers.

Trademark 101

Trademark Trademark Law Intellectual Property Law Publishing 101

TorrentFreak

MARCH 25, 2024

“That would catastrophically harm the digital markets on which the music industry, the movie and television industry, the news industry, and similar industries depend to profitably create and distribute their works—and would thereby undermine the incentive for the creation of new works that copyright law exists to protect.”

Publishing 141

Publishing Copyright Fair Use Intellectual Property Law 141

Kluwer Copyright Blog

DECEMBER 5, 2022

When the said sensor recognizes it is in front of the Ara Pacis, it gives the order to copy the colored reproductions of some parts of the Ara Pacis, stored in a cloud-based database, and display them on the screen of the goggles. Copyright implies exclusive prerogatives. Thus, ownership of such rights is crucial for exploitation purposes.

Copyright 102

Copyright Public Domain Art Moral Rights 102

Dragons' Den

APRIL 4, 2024

Once your copyright has expired, anyone can use or copy your work. As a result, marketing has been done but on a limited budget. Copyright protects your work and stops others from using it without your permission. Copyright protection starts as soon as the work is created. The length of copyright depends on the type of work.

Blogging 40

Blogging IP Artwork Artistic Work 40

Velocity of Content

FEBRUARY 14, 2022

It Ends with Us by Colleen Hoover was published in 2016, yet sold more than 770,000 copies in 2021, largely because of so-called booktokers. Since roughly World War II, we have seen the publishing industry pivot towards more of a bestseller/frontlist strategy.

Reporting 52

Reporting Publishing Editing Marketing 52

Kluwer Copyright Blog

APRIL 4, 2023

Image by C Dustin via Unsplash Despite the increasing use of streaming services, where media content is not stored on local devices, but merely accessed online, the private copying exception (Art 5(2)(b) InfoSoc Directive) remains at the center of European jurisprudence. The CJEU decision C‑433/20 Private copies? Dropbox, iCloud).

Copying 65

Copying Art Marketing Marketing 65

IP and Legal Filings

MAY 30, 2022

You may imitate the content of the work, but won’t be able to copy the sentiment with which it was made, nor its authenticity. Decreases competition in the market – Since the unauthorized work is being utilized by the public rather than the original work, the renown and the opportunity to raise profit margin are jeopardized.

Copyright 58

Copyright Branding Brands Branding 58

Kluwer Copyright Blog

JANUARY 4, 2024

In this edition, we update you on what has happened in the last three months of 2024 in EU copyright law. CJEU judgments Seven.One, CJEU, C-260/22 Coming from Germany, this preliminary reference concerned broadcasting organisations and their entitlement to fair compensation as a result of private copying.

Copyright Law 70

Copyright Law Law Copyright Reporting 70

SpicyIP

NOVEMBER 26, 2022

To build the forthcoming argument, an analogy is to be drawn between the NSE data and the copy-edited judgments in question in DB Modak. The data is a function of the market forces of supply and demand and is bereft of any application of creativity, save the labour and capital put into the functioning of the stock exchange.

Copyright 105

Copyright Cease and Desist Copyright Law Copying 105

Technology & Marketing Law Blog

AUGUST 2, 2023

s advertisement for hats, copying Sarony’s Oscar Wilde No. The post How A Century-Old Insight of Photography Can Inform Legal Questions of AI-Generated Artwork (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Ehrich Bros.’s 2023, Generative AI Works Found Ineligible for Copyright Under the U.S.

Artwork 95

Artwork Blogging Art Copyright 95

Technology & Marketing Law Blog

SEPTEMBER 26, 2021

Per Batzel, “the mere existence of the hard copy yearbooks does not indicate that the publishers ‘provided’ the yearbooks for publication on the internet.” But if a yearbook database vendor gets a hard copy of a yearbook, what does the supplier think is going to happen with it? Whitepages.

Publishing 87

Publishing Privacy Reporting Copying 87

Kluwer Copyright Blog

APRIL 25, 2023

Emulator programs are typically used in conjunction with ROM files, which contain data extracted from physical copies of video games. Until recently, these activities were largely ignored by rightholders as they were directed at older titles that were no longer being actively marketed.

Copyright 55

Copyright Copyright Infringement Fair Use Intellectual Property 55

43(B)log

SEPTEMBER 21, 2021

They bought the annual edition of a legal resource manual, New York Landlord-Tenant Law (the Tanbook), which was published by Matthew Bender. Himmelstein, McConnell, Gribben, Donoghue & Joseph, LLP v Matthew Bender & Co., 2021 NY Slip Op 03485, N.E.3d 3d - 37 N.Y.3d 3d 169 (Jun.

Editing 45

Editing Contracts Copying Law 45

SpicyIP

OCTOBER 7, 2023

Further, a global FRAND rate must account for, inter-alia , the following (i) market presence of the implementer will vary in different jurisdictions and (ii) patent portfolio of the SEP holder might be stronger in some jurisdictions; else the determined rate will not reflect the true worth of SEP holder’s portfolio.

Licensing 105

Licensing Litigation Technology Patent 105

Dragons' Den

FEBRUARY 22, 2024

A business may get its products or services to market more quickly by acquiring a licence (link) to use existing IP, instead of re-inventing the wheel. The registration gives you exclusive rights for up to 25 years and if someone was to ever copy or steal your design, it would make taking legal action more straightforward.

Blogging 52

Blogging IP Designs Design 52

Velocity of Content

JUNE 15, 2022

Fox News had been launched two years earlier; and the Wall Street Journal had begun charging $50 per year for subscription access to its online edition. The more common description of these “measures” was as “anti-piracy tools” or “digital rights management” (DRM, a term from the market).

Copyright 98

Copyright Government Designs Design 98

LexBlog IP

MAY 31, 2023

When Prince died in April 2016, Vanity Fair’s parent company, Condé Nast, licensed another image from the Prince Series (“Orange Prince”) from AWF, which it used as the cover of a Prince tribute edition magazine. Around this time, Goldsmith learned of the additional works comprising the Prince Series.

Fair Use 52

Fair Use Licensing Copyright Editing 52

43(B)log

APRIL 18, 2023

VPX argued that Monster didn’t show irreparable harm because: (1) the harms are purely economic; (2) VPX “abandoned any marketing focus on Super Creatine or creatine” before the jury rendered its verdict; and (3) VPX’s remediation obviates the need for an injunction. Are lost prospective customers and market share purely economic harms?

False Advertising 72

False Advertising Advertising Advertising Social Media 72

Kluwer Copyright Blog

JUNE 19, 2023

Specifically, a group called Spice DAO purchased an NFT displaying a copy of filmmaker Alejandro Jodorowsky’s ‘Dune’ for $3 million, assuming it would grant them the ability to produce derivative works, such as an animated Dune series. It shows ‘the intent to sign’ and legally digitally captures the acceptance of a binding contract.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

TorrentFreak

JULY 13, 2023

Pirate site brands, including 123movies, Putlocker, Kisscartoon, 123movieshub, and GoMovies, were suddenly recognized all over the world, despite in many cases having been copied from ‘pirate’ brands already in existence. Domains offered by Tonic carry no personally identifying WHOIS records.

Branding 84

Branding Brands Branding Registration 84