IP Watchdog

AUGUST 22, 2021

After a decade of litigation across two continents and an unpaid multi-million-dollar judgment, the parties are once again in court. Avoiding the years of investment and fine-tuning that SAS undertook to create its market-leading software, WPL undercut SAS’s price in the market and lured away SAS’s customers.

Copyright Law 126

Copyright Law Copyright Law Copying 126

Technology & Marketing Law Blog

JULY 4, 2022

” Indeed, the court says “the Deposit Copy reads like a manual, instructing a user how to generate digital messages—and convert those digital messages to analog signals—that Pyrotechnics’s control panel and field module can send and understand.” Pyrotechnics wants to control the market for every component of its system.

Copyright 129

Copyright Copying Registration Marketing 129

Technology & Marketing Law Blog

JUNE 27, 2023

Copying-in-Fact. If a plaintiff can’t show mechanical copying through direct evidence, it can establish copying inferentially by showing that the defendant had access to the copyrighted work and that it’s improbable the works’ similarities were due to the defendant’s independent creation. VINDICATED!!!

Copyright 90

Copyright Artwork Copying Social Media 90

Kluwer Copyright Blog

NOVEMBER 16, 2023

Hence, Safarov is hardly a surprise where the ECtHR confirms that authorities have a positive obligation to take the measures necessary to guarantee that copyright holders can effectively enjoy their rights by enforcing them and seeking damages, even when it comes to litigation between private parties. Balan ; Kamoy ; AsDAC ).

Copyright 91

Copyright Copying Copyright Law Publishing 91

The IP Law Blog

NOVEMBER 30, 2023

The court found, as a matter of law, that Ross copied portions of the Westlaw headnotes. With regard to the headnotes, the court observed that if a headnote merely copies a judicial opinion, it is uncopyrightable. Now, the purpose of the use must be distinct enough from the purpose of the original to justify copying.

Copyright Infringement 123

Copyright Infringement Copyright Fair Use Copying 123

SpicyIP

SEPTEMBER 18, 2023

Furthermore, the continuous sales done by the violating party flood the market with infringing products where they are sold at a fast pace on a regular basis. The similarity/copying should be slavish and of a high degree between the product of the plaintiff and the product of the defendant. Some of these benefits are: A.

Cease and Desist 115

Cease and Desist Intellectual Property Law Settlement Copyright Infringement 115

Technology & Marketing Law Blog

DECEMBER 27, 2021

It has cratered into a fireball of litigation that doomed the restaurant chain (e.g., It’s so complicated that the judge made an appendix recapping the status of dozens of claims: This post focuses on a sliver of the sprawling litigation empire. Esquared appeared first on Technology & Marketing Law Blog.

Copyright 140

Copyright Social Media Copying Blogging 140

Technology & Marketing Law Blog

DECEMBER 13, 2022

The court says Likee didn’t engage in volitional conduct: Plaintiff has failed to establish the necessary causal nexus between Defendants’ conduct and its users’ illegal copying of Plaintiff’s copyrighted works. BMG, of course, knew that but clearly hoped to find a litigation bypass to sending takedown notices.

Copyright 118

Copyright Music Copying Copyright Infringement 118

Technology & Marketing Law Blog

AUGUST 30, 2023

“Nursing CE Central” is a descriptive mark with “a weak secondary meaning… the plaintiff makes no meaningful showing that the public, or even those in the market in which it competes, readily recognizes its name.” The litigants directly compete. ” Marketing channel. ” Relatedness of goods.

Advertising 85

Advertising Advertising False Advertising Trademark 85

Velocity of Content

MAY 1, 2024

Thus, it can be said that they have made complete and exact copies of everything they have ingested. In all cases, Gervais continued, copy right has balanced the rights of authors to determine the uses of—and be compensated for—their works with the ability of consumers to use works on fair and rea sonable terms. The post Who Owes Whom?

Fair Use 52

Fair Use Copying Licensing Copyright 52

The IPKat

MARCH 24, 2024

Horology is however a market steeped in history with its own unwritten rules and customs. It is famously a market where supply and demand is meticulously controlled by the big watchmakers and consciously kept misaligned. It is not enough for you to simply have the money to buy your long sought grail watch from the likes of F.P.

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IP Marketing Marketing Reporting 70

JD Supra Law

OCTOBER 5, 2021

Over the past year, I've carefully followed the increase in litigation brought by artists against retailers — clothing brands, automotive brands, and food and beverage chains — for the alleged copying of their distinctive artwork in fashion designs and marketing campaigns.

Artwork 52

Artwork Branding Brands Branding 52

SpicyIP

OCTOBER 7, 2023

We recently came across one such short paper on “ SEP Litigations & Issues in Determining the FRAND License ” published in the September 2023 issue of the Journal of Intellectual Property Rights (see here ) and extended a guest post invitation to its authors to discuss their key arguments.

Licensing 105

Licensing Litigation Technology Patent 105

IP Tech Blog

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 113

Intellectual Property Due Diligence Ownership IP 113

azrights

OCTOBER 27, 2021

Inevitably competitors will try to capture some of the market shares of any brand that discovers a lucrative market opportunity. They copy business models, and any aspect of a business’ successful branding, be it, by introducing new features, copying its positioning, or even using similar names or brand identifiers.

Branding 52

Branding Brands Branding Copying 52

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

Blogging 95

Blogging Copying Social Media Copyright 95

JIPL Online

APRIL 22, 2021

This Blog aims to examine the Hatch-Waxman Act and one of the most significant incentives behind it, a three-year market exclusivity period for the “new clinical investigations.” iv] If deemed insignificant, the new drug is blocked from entering the market by the existing drug’s three-year market exclusivity. [v] Introduction.

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Litigation Law 98

TorrentFreak

JUNE 14, 2022

Two Years of Litigation, Both Parties Request Summary Judgment. They insist that copying their books without permission is illegal, despite IA’s claims that it only lends copies of books that it physically owns while maintaining a one-to-one “owned-to-loaned” ratio. Publishers: IA’s Use is Not Fair.

Publishing 112

Publishing Fair Use Copying Editing 112

TorrentFreak

SEPTEMBER 30, 2021

Not too long ago Malibu was one of the most active anti-piracy litigants in the U.S., “Plaintiff does not enforce its alleged copyrights to protect the market for its works or to further the useful arts and sciences,” John Doe writes, referring to the purpose of copyright as defined in the US Constitution.

Copyright 130

Copyright Settlement Litigation Fair Use 130

Fish & Richardson Trademark & Copyright Thoughts

JULY 11, 2022

PDF copy available. The Pharma Letter asked Ms Del Dotto, an intellectual property and life sciences litigation attorney, for an overview of changes made under the recent Orange Book Transparency Act, as well as an insight into potential exclusivity changes under consideration by the U.S.

Patent Law 90

Patent Law Patent Branding Brands 90

Technology & Marketing Law Blog

JULY 18, 2023

Genius planted tiny mistakes in some of the lyrics it posted, and once those appeared in Google’s information boxes, it argued that Google copied lyrics from Genius. Genius’s “browsewrap,” however, prohibits copying for commercial use, and Genius sued Google for breach of contract.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

Technology & Marketing Law Blog

OCTOBER 17, 2023

“Kiwi Farms users provided a Google Drive link to a full copy of Mr. Greer’s book.” Somebody,” he explained, “created a copy of [his] book and put it in a Google Drive that is accessible on Kiwi Farms.” Moon appeared first on Technology & Marketing Law Blog. ” Greer emailed Moon asking to remove the book.

Copyright Law 93

Copyright Law Copyright Law Copyright Infringement 93

43(B)log

FEBRUARY 4, 2023

Does the status of that work or copy limited subsequent uses of it or transactions about it? Fair use justified by project: multiple copies for classroom use, time shifting vidos, visual search thumbnails, full text search engine, intermediate copying for reverse engineering. But how does this map on interim copying?

Fair Use 59

Fair Use Derivative Work Copying Marketing 59

Plagiarism Today

OCTOBER 26, 2021

This means, theoretically, that elements such as the Superman “S” can be protected by copyright because they are separate elements that are merely copied onto the clothing. Bringing us back to our Juice Demon, the elements that are copied include the striped suit and tie. This isn’t to say there’s been no litigation in this area.

Copyright 235

Copyright Trademark Cease and Desist Copying 235

Technology & Marketing Law Blog

JANUARY 9, 2022

When the symbols “include something in addition to common tropes and shapes,” and even then, the registrations should only preclude verbatim copying. GmbH as potentially a trademark troll due to their high litigation volume and dubious litigation tactics. I wrote an expert opinion characterizing Emoji Co.

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Law Registration Settlement Litigation 137

The IPKat

AUGUST 20, 2023

As IPKat readers are surely aware, his fame extends well beyond the art world, given that Koons has contributed as litigant to some of the most interesting copyright case law around the world [see, eg, IPKat coverage here ]. Background In 1988, the artefact at issue in the Italian litigation was shown at an exhibition in Cologne (Germany).

Artwork 94

Artwork Moral Rights Art Litigation 94

43(B)log

MARCH 1, 2022

Bell continues to market his 1982 72-page book, and also sells merchandise, “including t-shirts and posters that display the passage that was quoted in the tweets.” If that were all, copying the WIN Passage would be qualitatively significant. Effect on the market: Harm was implausible. NXIVM Corp. Ross Institute, 364 F.3d

Fair Use 90

Fair Use Social Media Licensing Marketing 90

Technology & Marketing Law Blog

OCTOBER 26, 2021

In the DMCA, Congress enabled copyright owners to obtain pre-litigation discovery of alleged infringers (17 USC 512(h)). Market effect. GoDaddy appeared first on Technology & Marketing Law Blog. This fast lane is a historical anachronism; it does little to balance the privacy interests of the alleged infringer.

Privacy 112

Privacy Fair Use Blogging Copyright 112

Patently-O

MARCH 31, 2024

Role of Jury Instructions and Objective Indicia In American civil litigation, jury instructions are the set of legal rules and guidelines provided to the jury by the trial judge before the jury begins deliberations. In contrast, commercial success and long-felt need may depend more on post-introduction market reactions over a longer period.

Invention 57

Invention Copying Licensing Art 57

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. The context surrounding the litigation shows that protecting business interests is not trademark law’s sole function. . We will be following the outcome of this dispute as litigation continues.

Trademark 101

Trademark Trademark Law Intellectual Property Law Publishing 101

azrights

NOVEMBER 3, 2021

Enforcement of your rights prevents market confusion. Where you do not have any legal rights in an asset, as you won’t have with colour in the early days of your use of a colour, you are largely powerless to tackle competitor copying. Competitors Copying Your Colour.

Trademark 52

Trademark Branding Brands Branding 52

Technology & Marketing Law Blog

MARCH 6, 2022

” With respect to whether Babybus’ baby character infringed Moonbug’s baby, Babybus claimed that the alleged copying related to generic features found in nature. . Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v.

Fair Use 95

Fair Use Cease and Desist Copying Copyright Infringement 95

Larson & Larson

JANUARY 12, 2024

There are several key reasons why patents matter for securing VC funding: Exclusivity – Patents give startups exclusive rights to their inventions for a limited period, blocking competitors from copying their ideas. This prevents costly litigation that may drain company resources.

Patent 40

Patent Intellectual Property Invention Copying 40

Technology & Marketing Law Blog

FEBRUARY 12, 2024

“IJR copied a significant percentage of the Photo in its article, and it only cropped out the negative space while keeping the Photo’s expressive features, or the ‘heart’ of the work.” ” Market Effect. IJR appeared first on Technology & Marketing Law Blog. Amount Taken. 21-2021 (4th Cir.

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Fair Use Licensing Copyright Marketing 87

Patently-O

AUGUST 17, 2021

Corsair purchased the companies in 2019, but by that time the litigation with Valve was well underway. Ironburg won a $4 million judgment regarding two patents (now on appeal) and the district court stayed the litigation regarding U.S. Patent Nos. 9,289,688 and 9,352,229. Those two patents are the subject of this appeal. ” Fed.

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Technology & Marketing Law Blog

NOVEMBER 28, 2022

To many trademark owners, it’s a simple decision to sue when the advertiser includes the trademark in the ad copy. As I teach my students, Porta-Fab should have spent its enforcement budget on more marketing instead of more lawyers, which almost certainly would produce a higher ROI than this lawsuit did.

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Advertising Advertising False Advertising Trademark 102

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

IPRs are crucial for startups as they safeguard their unique ideas and creations, enabling them to establish a competitive edge in the market. Startups can secure copyrights to prevent unauthorized copying or distribution of their creative works. This means that no one else can copy or distribute their creations without permission.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52