Copying and Law - Intellectual Property Pulse

Law Firm Sues Competitor Over Copied Brief

Plagiarism Today

JANUARY 4, 2024

A law firm has filed a lawsuit against a competitor alleging copyright infringement over a copied brief, testing both ethical and legal norms. The post Law Firm Sues Competitor Over Copied Brief appeared first on Plagiarism Today.

Copying

Copying Law Plagiarism Copyright Infringement

€300m Per Year Rightsholder ‘Private Copying’ Payouts Face Scrutiny

TorrentFreak

NOVEMBER 22, 2023

When cassette recorders, VCRs and similar devices hit the mainstream, entertainment companies with business models reliant on customers buying copies faced uncertainty. Private Copying Levy Valenti’s statement in 1982 reached a broad audience but its essence wasn’t new.

Copying

Copying Government Reporting Publishing

Record Labels: ‘Hisses & Crackles’ Are No License to Copy & Digitize Old Records

TorrentFreak

FEBRUARY 22, 2024

The Internet Archive is widely known for its Wayback Machine, which preserves copies of the web for future generations. “Defendants have created a massive online storefront providing digital copies of thousands of these protected sound recordings to anyone to stream or download for free. .

Copying

Copying Licensing Fair Use Cease and Desist

Of Bass Notes and Base Rates: Avoiding Mistaken Inferences about Copying

43(B)log

DECEMBER 14, 2023

New article with Chris Buccafusco: Houston Law Review, Vol. 61, 2023 Abstract To prove copyright infringement, a plaintiff must convince a jury that the defendant copied from the plaintiff’s work rather than independently creating it.

Copying

Copying Music Copyright Infringement Art

Federal Circuit Clarifies Standards to Establish Nexus Between Objective Evidence and Non-Obviousness, and to Establish Copying in Medtronic et al. v. Teleflex Innovations

Intellectual Property Law Blog

DECEMBER 18, 2023

In this case, the Federal Circuit determined the sufficiency of evidence to rebut a nexus between objective evidence and non-obviousness; and to establish the objective indicia of copying. Direct evidence of copying is not necessary to establish copying. The Board’s finding of copying is supported by substantial evidence.

Copying

Copying Art Marketing Marketing

Inferring Secondary Meaning from Product Design Copying

Patently-O

DECEMBER 7, 2023

by Dennis Crouch In patent law, product copying can serve as indirect evidence of non-obviousness. A pending petition before the Supreme Court asks a similar question in the trademark realm – to what extent does copying of a product serve as evidence of secondary meaning of the product associated trade dress.

Copying

Copying Designs Design Branding

[Guest post] Jacquemus x Nike Swoosh Bag: ‘Just Copy It’ or re-appropriation of Nike’s own trade mark?

The IPKat

MARCH 4, 2024

This time, Katfriend Spyridon Sipetas (Stockholm University) tells the story of a collaboration – the one between Jacquemus and Nike – that has been already plagued with accusations of copying. Here’s what Spyridon writes: Jacquemus x Nike Swoosh Bag: ‘Just Copy It’ or re-appropriation of Nike’s own trade mark?

Copying

Copying Branding Brands Branding

Employers Unlikely To Copy Medieval Times Trademark Suit

IP Law 360

OCTOBER 19, 2022

Medieval Times has launched an unusual lawsuit alleging its trademark is being infringed by a union that represents its workers at a New Jersey location, but trademark and labor law experts are skeptical that the effort will be successful or copied by other employers.

Copying

Copying Trademark Law

7th Circ. Won't Revive Contractor's Copied Document Copyright

IP Law 360

JANUARY 16, 2024

didn't engage in copyright infringement of UIRC-GSA Holding's bond offering documents, stating that UIRC's paperwork was not eligible for protection because the government contractor copied it from a housing association. The Seventh Circuit has upheld an Illinois federal court's finding that financial services company William Blair & Co.

Copying

Copying Copyright Copyright Infringement Government

Software Downloads Netflix & Disney+ Videos to Make DRM-Free Copies

TorrentFreak

MAY 17, 2022

Long before the advent of legitimate online video streaming services, torrent sites and similar platforms allowed users to download and keep copies of movies and TV shows. Is it permissible to download and keep copies of movies and TV shows if you’ve paid for a legal subscription? Copyright Law and DRM.

Copying

Copying Social Media Licensing Technology

Winston & Strawn Looks To Settle Brief-Copying IP Suit

IP Law 360

MARCH 29, 2024

A Winston & Strawn LLP attorney on Friday told a Manhattan federal judge that the firm is angling to settle a copyright infringement suit that accuses its attorneys of copying a motion-to-dismiss filing by a boutique intellectual property firm "nearly verbatim," saying it isn't worth the cost to all involved.

Copying

Copying Intellectual Property Copyright Infringement IP

Internet TV services under the scrutiny of EU copyright law: CJEU ruling in Ocilion

Kluwer Copyright Blog

SEPTEMBER 19, 2023

In Case C-426/21 , the CJEU looked into the complicated relationship between copyright law and online television services. The focus of the case is twofold: the scope of application of the private copy exception, on the one hand, and that of the right of communication to the public, on the other.

Copyright Law

Copyright Law Copying Copyright Law

DOD Owes Developer $13M For Unauthorized Software Copies

IP Law 360

DECEMBER 1, 2023

Department of Defense contractor made unauthorized copies of the company's software and the DOD tried to cover up that copying. A Court of Federal Claims judge has awarded a software developer $12.7 million for copyright infringement after finding that a U.S.

Copying

Copying Copyright Infringement Copyright

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

SEPTEMBER 26, 2021

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? In Austro-Mechana , the question is once again one of private copying in the cloud.

Copying

Copying Copyright Law Related Rights

Winston & Strawn Accused Of Copying Brief In Patent Suit

IP Law 360

JANUARY 3, 2024

A Boston boutique law firm has filed a copyright infringement complaint against Winston & Strawn LLP, accusing it and four of its attorneys of copying a motion-to-dismiss filing "nearly verbatim" in a patent dispute where both firms were representing co-defendants.

Copying

Copying Copyright Infringement Patent Copyright

Ed Sheeran Denies Copying Marvin Gaye In IP Trial Testimony

IP Law 360

APRIL 25, 2023

British pop star Ed Sheeran took the witness stand in Manhattan federal court Tuesday for the first day of a copyright trial over his ballad "Thinking Out Loud," denying that he copied Marvin Gaye's "Let's Get It On" and testily sparring with opposing counsel.

Copying

Copying IP Copyright

Naked Wolfe Owner Says Schuh, Simmi Copied Shoe Designs

IP Law 360

FEBRUARY 7, 2024

The owner of the Naked Wolfe brand has accused two online footwear retailers of design and copyright infringement, alleging that they "slavishly copied" its chunky boot designs.

Copying

Copying Designs Design Copyright Infringement

'Copy-And-Paste Errors' Not Worth Sanctions, Texas Judge Says

IP Law 360

FEBRUARY 23, 2024

A federal magistrate judge in Waco, Texas, says he doesn't think "some copy-and-paste errors" are enough to hook a prolific litigator of patent lawsuits to paying legal fees in a shell company's latest failed campaign against Salesforce.

Copying

Copying Litigation Patent

Who holds copyright in 3D copies of repatriated cultural heritage?

Kluwer Copyright Blog

JANUARY 5, 2023

It is a common practice to make copies of deteriorating or far away cultural heritage. As of 2022, it is not even a new idea to use digital methods to copy heritage, considering that the mass digitisation of cultural heritage, especially books, started more than two decades ago. Photo by awsloley via Pixabay.

Copying

Copying Copyright Ownership Intellectual Property

Want a signed copy of Brand Tuned?

azrights

OCTOBER 5, 2023

I would love to send you a signed copy of Brand Tuned, the new rules of branding, strategy and intellectual property if you’re UK based and are: EITHER: An Azrights client: OR An agency or freelancer supporting businesses to promote or create their brand. Just complete this form to receive a copy of the book.

Copying

Copying Branding Brands Branding

Game Developer Denies Copying Rival's 'Generic' Racing App

IP Law 360

MAY 1, 2024

A British game developer has hit back at its French rival in a copyright feud over the pair's mobile games, telling a London court that any similarities between the apps are nondistinctive features that don't merit protection.

Copying

Copying Copyright

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

Kluwer Copyright Blog

JULY 15, 2021

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). In Part I of this set of posts, I describe draft changes to the Polish copyright law on the collection and division of the private copying levy.

Copying

Fashion Law at the Federal Bar Association

Likelihood of Confusion

JULY 8, 2023

Via fashionista-lawyer-to-the-fashionista-stars Olivera Medenica, it’s time to roll up for the Federal Bar Association‘s 2016 Fashion Law Conference at the Parson’s School of Design! Look, here’s the text I copied. The post Fashion Law at the Federal Bar Association appeared first on LIKELIHOOD OF CONFUSION™.

Law

Law Copying Designs Design

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

Kluwer Copyright Blog

JULY 16, 2021

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy. The draft law on the rights of professional artists will significantly change how the private copying levy system has been functioning in Poland so far.

Copying

Copying Law Copyright Law Copyright

Google It: Federal Copyright Law Preempts California Causes of Action

JD Supra Law

FEBRUARY 1, 2024

Addressing a state law-based challenge to the way search results are displayed on copies of websites, the US Court of Appeals for the Ninth Circuit held that copyright preemption precluded a website owner from invoking state law to control how the websites are displayed. Best Carpet Values, Inc. Google LLC, Case No.

Copyright Law

Copyright Law Law Copyright Copying

DMCA-Circumventing Cheat Maker Uses DMCA to Take Down Cracked Copy

TorrentFreak

JANUARY 4, 2022

This is the type of behavior that has attracted copyright infringement lawsuits in the past but in this case, the makers of Genshin XYZ are using copyright law to prevent piracy of their product. Github’s Analysis Results in Takedown. From: TF , for the latest news on copyright battles, piracy and more.

Copying

Copying Copyright Infringement Intellectual Property Copyright

The Law Bytes Podcast, Episode 180: Victoria Owen Sets the Record Straight on the State of Canadian Copyright Law and Content Licensing By Libraries and Educational Institutions

Michael Geist

OCTOBER 16, 2023

Since the Canadian copyright law reforms in 2012, education and libraries have increased spending on licensing and a non-partisan House of Commons study found no need to create new restriction on education and library copying rights. She joins the Law Bytes podcast to discuss the CFLA statement and copyright law in Canada.

Copyright Law

Copyright Law Licensing Law Copyright

Tennessee Adopts Landmark Law To Protect Artists Against AI

IP Law 360

MARCH 21, 2024

Bill Lee signed into law Thursday a first-of-its-kind legislation intended to tackle misuse of artificial intelligence by modifying a state law banning unauthorized copies of artists' works to cover musicians, their voices and their songs. Tennessee Gov.

Artistic Work

Artistic Work Law Copying

U.S. Supreme Court Alert: If you copy an unpatented furniture design, does that help prove that the design was iconic and protected as a trademark?

JD Supra Law

NOVEMBER 1, 2023

Furniture manufacturer admits intentionally copying designs, asks Supreme Court, What does copying really say about trademark status of design? While offering a new design for sale without obtaining a patent often means the design is now in the public domain, copyright and trademark laws could mean otherwise.

Copying

Copying Designs Design Public Domain

3 Count: Scary Mouse

Plagiarism Today

JANUARY 2, 2024

Law firm sues competitor over copied brief, pirate site closure was exaggerated, and a horror game based on Steamboat Willie is announced. The post 3 Count: Scary Mouse appeared first on Plagiarism Today.

Plagiarism

Plagiarism Copying Law Public Domain

copying/explicit references let Roblox proceed with dubious (c) claim; Lego should be watching

43(B)log

MAY 19, 2023

Wowwee sells a line of dolls called “My Avastars,” which plaintiffs allege were “copied directly from Roblox’s Classic Avatars.” Looking at the side by side pictures in the complaint, this is a bit hard to swallow, but the evidence of copying/references to Roblox clearly bleed over from the TM side.

Copying

Copying False Advertising Social Media Advertising

CJEU rules on private copying exception to storage in the cloud

JD Supra Law

APRIL 11, 2022

The Court of Justice of the European Union (“CJEU”) has recently ruled that the private copying exception contained in the Information Society Directive (the “Directive”) applies to works stored in space made available to users by cloud computing service providers.

Copying

Mich. Judge Rips Romantics Singer For Copying Trial Brief

IP Law 360

FEBRUARY 7, 2024

A founding member of the Romantics will likely have a tough time regaining control of the band's finances after a Michigan appellate judge said Wednesday he couldn't condone the "incompetence" of the musician's trial attorneys, who filed a brief that was a copy of the opposing side's argument.

Copying

Digitalization And Copyright Law

IP and Legal Filings

FEBRUARY 15, 2023

In India particularly, the Copyrights Act, 1957 was enacted to prevent copyright infringement and recently the amendment act of 2012 was introduced to combat the changing needs of copyright law. Case Laws The first case in this regard is UTV Software Communication Limited v. and Ors.

Copyright Law

Copyright Law Copyright Law Social Media

Ninth Circuit Concludes Direct Copying Can Be Evidence of “Secondary Meaning” for Trade Dress Infringement

LexBlog IP

JUNE 26, 2023

. (“JSC”) against Trendily Furniture, LLC, Trendily Home Collection, and Raul Malhotra (collectively, “Trendily”) finding Trendily liable for trade dress infringement for willfully copying, manufacturing, and selling identical JSC furniture pieces.

Copying

Copying Social Media Designs Design

Netflix Defeats Ex-'Survivor' Star's Claim It Copied Show Idea

IP Law 360

APRIL 29, 2024

A New Jersey federal judge on Monday tossed with prejudice a suit filed by former "Survivor" contestant Gervase Peterson alleging that Netflix's show "King of Collectibles: The Goldin Touch" infringes on a teaser video he produced, saying the alleged protectable ideas are generic reality show elements.

Copying

Who is entitled to fair compensation for private copying? And what happens when a Member State has failed to transpose correctly EU law? AG Collins answers both in Seven.One Opinion

The IPKat

JULY 20, 2023

What those references have in common is that both were made in the field of broadcasting and concern issues of private copying under Article 5(2)(b) of the InfoSoc Directive. In this specific case, the question is whether broadcasters are entitled to fair compensation for private copying of fixations of their broadcasts.

Copying

Copying Law Copyright Publishing

[Guest post] Archival Authenticity or Iconic Copies? Some IP Thoughts on Dolce & Gabbana’s SS23 Collection Curated by Kim

The IPKat

OCTOBER 1, 2022

Here’s what Felicia writes: Archival Authenticity or Iconic Copies? It also suggests that copying might have some effect on our understanding of what is and is not iconic. copyright law or European copyright law, most of the designs in the “Ciao, Kim” collection might be hard-pressed to be copyrighted. copyright law.

Copying

Copying IP Copyright Law Designs

Furniture Store Copied French Designer's Works, Judge Rules

IP Law 360

DECEMBER 11, 2023

A Los Angeles furniture business infringed the copyrights of a late iconic French designer, a California federal judge has concluded, saying the estate that brought the suit established that the furniture designs at issue are original and not copied from other sources as the defendants argued.

Copying

Copying Designs Design Business

Minnesota’s Attempt to Copy California’s Constitutionally Defective Age Appropriate Design Code is an Utter Fail (Guest Blog Post)

Technology & Marketing Law Blog

APRIL 28, 2023

Despite the California Legislature’s blunder last year with AB 2273 (the Age Appropriate Design Code), many states, including Minnesota, are stubbornly pushing for nearly identical laws. Some additional concerns below: AADC Laws Are Still Facially Unconstitutional. As outlined in NetChoice v.

Copying

Copying Designs Design Blogging

Royal Mail Accuses Developer Of Copying Postcode Database

IP Law 360

APRIL 19, 2024

Royal Mail has accused a software developer of using its database of postcode information to set up its own address-finding company.

Copying

Pirate IPTV Owner’s Conviction First Ever Under Protecting Lawful Streaming Act

TorrentFreak

MAY 1, 2024

Copyright law crafted decades ago to prevent infringement in an analog world has in many cases held up remarkably well in the digital age. Copying or reproduction remains relevant, as does the concept of distribution. In the United States, the existence of a loophole in copyright law had been an open secret for some time.

Law

Law Copyright Infringement Copyright Copyright Law

Kluwer Copyright Blog

APRIL 13, 2023

Photo by Markus Spiske on Unsplash Welcome to the first trimester of the 2023 round up of EU copyright law! In this edition, we report on an AG Opinion that came out late in 2022 and update you on what has happened in the first trimester of 2023 in EU copyright law.

Copyright Law

Copyright Law Law Copyright Copying

Does Copyright Law Preempt Contractual Provisions Imposing AI-Related Usage Restrictions on Content?

JD Supra Law

APRIL 25, 2024

Disney, for example, recently updated its online Subscriber Agreement for its Disney+ service to clarify that content from the service may not be accessed, copied, or. By: Perkins Coie

Copyright Law

Copyright Law Law Copying Copyright

Law Firm Sues Competitor Over Copied Brief

€300m Per Year Rightsholder ‘Private Copying’ Payouts Face Scrutiny

Trending Sources

Record Labels: ‘Hisses & Crackles’ Are No License to Copy & Digitize Old Records

Of Bass Notes and Base Rates: Avoiding Mistaken Inferences about Copying

Federal Circuit Clarifies Standards to Establish Nexus Between Objective Evidence and Non-Obviousness, and to Establish Copying in Medtronic et al. v. Teleflex Innovations

Inferring Secondary Meaning from Product Design Copying

[Guest post] Jacquemus x Nike Swoosh Bag: ‘Just Copy It’ or re-appropriation of Nike’s own trade mark?

Employers Unlikely To Copy Medieval Times Trademark Suit

7th Circ. Won't Revive Contractor's Copied Document Copyright

Software Downloads Netflix & Disney+ Videos to Make DRM-Free Copies

Winston & Strawn Looks To Settle Brief-Copying IP Suit

Internet TV services under the scrutiny of EU copyright law: CJEU ruling in Ocilion

DOD Owes Developer $13M For Unauthorized Software Copies

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

Winston & Strawn Accused Of Copying Brief In Patent Suit

Ed Sheeran Denies Copying Marvin Gaye In IP Trial Testimony

Naked Wolfe Owner Says Schuh, Simmi Copied Shoe Designs

'Copy-And-Paste Errors' Not Worth Sanctions, Texas Judge Says

Who holds copyright in 3D copies of repatriated cultural heritage?

Want a signed copy of Brand Tuned?

Game Developer Denies Copying Rival's 'Generic' Racing App

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

Fashion Law at the Federal Bar Association

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

Google It: Federal Copyright Law Preempts California Causes of Action

DMCA-Circumventing Cheat Maker Uses DMCA to Take Down Cracked Copy

The Law Bytes Podcast, Episode 180: Victoria Owen Sets the Record Straight on the State of Canadian Copyright Law and Content Licensing By Libraries and Educational Institutions

Tennessee Adopts Landmark Law To Protect Artists Against AI

U.S. Supreme Court Alert: If you copy an unpatented furniture design, does that help prove that the design was iconic and protected as a trademark?

3 Count: Scary Mouse

copying/explicit references let Roblox proceed with dubious (c) claim; Lego should be watching

CJEU rules on private copying exception to storage in the cloud

Mich. Judge Rips Romantics Singer For Copying Trial Brief

Digitalization And Copyright Law

Ninth Circuit Concludes Direct Copying Can Be Evidence of “Secondary Meaning” for Trade Dress Infringement

Netflix Defeats Ex-'Survivor' Star's Claim It Copied Show Idea

Who is entitled to fair compensation for private copying? And what happens when a Member State has failed to transpose correctly EU law? AG Collins answers both in Seven.One Opinion

[Guest post] Archival Authenticity or Iconic Copies? Some IP Thoughts on Dolce & Gabbana’s SS23 Collection Curated by Kim

Furniture Store Copied French Designer's Works, Judge Rules

Minnesota’s Attempt to Copy California’s Constitutionally Defective Age Appropriate Design Code is an Utter Fail (Guest Blog Post)

Royal Mail Accuses Developer Of Copying Postcode Database

Pirate IPTV Owner’s Conviction First Ever Under Protecting Lawful Streaming Act

EU copyright law round up – first trimester of 2023

Does Copyright Law Preempt Contractual Provisions Imposing AI-Related Usage Restrictions on Content?

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