Patent Trademark Blog

DECEMBER 13, 2023

What matters most in getting patents to stop Amazon sellers from copying your product? A patent attorney with experience in design patent infringement litigation may be able to counsel you on the strategic use of broken lines to broaden the scope of your coverage. So you’ve created a new product.

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The IPKat

JANUARY 23, 2022

Recently, Louis Vuitton suffered a defeat in its attempt to block the registration of a contested EU trade mark application. YouTube has published its first Copyright Transparency Report after the transposition deadline of the "new" DSM Directive and the liability regime introduced by its Article 17. Is overblocking real?

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Blogging IP Copyright Reporting 83

Shades of Gray

OCTOBER 12, 2020

Here is a summary of the categories of money damages available in a copyright infringement litigation. If a defendant makes 100,000 unauthorized copies of a single registered book and a jury finds the copies infringing, the plaintiff may only seek a single award of statutory damages.

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Copying Litigation Registration Licensing 52

LexBlog IP

APRIL 19, 2023

This can lead to expensive “false marketing” litigation. More particularly, the TM symbol can be used in the absence of registration, while the registration symbol should be used after registration issues. A common pitfall for Amazon sellers is copying and pasting content from other websites or products (e.g.,

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 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.

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Fair Use Cease and Desist Copying Copyright Infringement 97

TorrentFreak

DECEMBER 22, 2022

In parallel, websites that sell pirated copies of TIR’s copyrighted videos compete in the same market by targeting TIR’s customers. TIR says that pirates are able to sell copies of its videos on “domain sites” hosted by companies that sell and host domains, while “guaranteeing the anonymity of domain owners.”

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Privacy Copyright Infringement Trademark Copyright 117

43(B)log

AUGUST 3, 2023

Musicologists in litigation: (1) identify formal similarities—instrumentation, chord progression; (2) opine on how aesthetically similar/significant those similarities are; (3) opine about the rarity of similar features; (4) opine that copying did or didn’t occur. Musicology articles talk about copying all the time.

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Music Art Copying Licensing 52

SpicyIP

MAY 20, 2024

Here is our recap of last week’s top IP developments including summaries of posts on the Law Commission’s Report on Trade Secrets and Economic Espionage, DHC’s decisions on working examples, writ jurisdiction of the pre-grant oppositions, and the Viagra-Vigoura trademark dispute. This and much more in last week’s SpicyIP Weekly Review.

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Technology & Marketing Law Blog

MARCH 15, 2022

Fuxi, the putative copyright owner, has a registration for an image of printed sage leaves (the left image): The alleged infringer, the Sunny Factory, sells the candles on the right on Amazon. So extending the litigation privilege to DMCA takedown notices seems like an overreach. Defamation. ” This is clearly wrong.

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Copyright Fair Use Cease and Desist Litigation 128

SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. Please let us know in the comments below. Read on to know more!

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Trademark Registration Copyright Patent 59

SpicyIP

JANUARY 23, 2023

In a hard hitting guest post , Sandeep K Rathod, critiques key aspects of the report. Aside from issues around methodology and scope, he points out that the comparative assessment by the report was undertaken by comparing the practices of India with that of developed countries, highlighting that such a comparison is not a ‘like-to-like’ one.

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Technology & Marketing Law Blog

FEBRUARY 13, 2023

If not, the court may have to address several other interesting, rarely-litigated issues concerning the proper scope of copyright in recorded interviews. Fourth, if not, can Trump circumvent the registration requirement by seeking a declaratory judgment, or will he have to comply with the registration requirement?

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Copyright Blogging Publishing Fair Use 120

SpicyIP

FEBRUARY 24, 2023

Techsquare has 2 more applications awaiting registration for ‘Alphard’ word mark and a device, under Class 12 for land vehicles, and the same have been opposed by Toyota in 2017 (word mark) ( pdf ) and in 2018 (device) ( pdf ). A public search report for the ‘Alphard’ mark can be accessed here ( pdf ).

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Registration Intellectual Property Law Trademark Branding 75

Kluwer Copyright Blog

OCTOBER 30, 2023

Copyright infringement – Copyright subsists in the Lidl logo and this was copied by Tesco in creating their Clubcard Price(s) signs. Trade mark infringement Lidl relied on various registrations for each of: the Mark with Text, and the Wordless Mark. The judgment focused on the Mark with Text.

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Copyright Copying Branding Brands 60

SpicyIP

JANUARY 9, 2023

whereby the court held the mark to be in custody of the court and held the registration of the mark ‘Jawa’ in favor of Respondent no. Highlighting the court’s opinion that goodwill can exist in the mark independent of registration, she remarks that the duration of 26 years of non use of the mark could have reduced the goodwill in the mark.

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Trademark IP Registration Reporting 105

LexBlog IP

OCTOBER 30, 2021

Copyright disputes do not need to escalate into costly and time-consuming litigation. Copyright exists automatically, without the need for registration. This includes, for example, someone copying, performing, publishing, recording, selling, or distributing your copyrighted work on the internet without your permission.

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Copyright Infringement Cease and Desist Copyright Social Media 52

Technology & Marketing Law Blog

AUGUST 18, 2022

The Copyright Office registered this work: The registration makes sense with the landscape backgrounds. 400 in damages after 4 years of litigation won’t put a smile on anyone’s face. Hawks. * New(ish) Report on 512 Takedown Notices. * Can 512(f) Support an Injunction? This is a messy case with complex facts.

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Fair Use Cease and Desist Copyright Blogging 104

Technology & Marketing Law Blog

AUGUST 31, 2021

Factor three : The entirety of the work was copied. Philpot is a serial litigant. IJR raised issues with Philpot’s registration (that it contained both published and unpublished photographs). The court says there are factual disputes as to validity of the registration. The second factor weighs slightly against fair use.

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SpicyIP

AUGUST 8, 2021

She agrees with the observation that a broader principle of RTBF was undesirable here, in the interest of judicial transparency that would likely invite litigation from those with influence and means, regardless of the circumstances of the acquittal and what evidence or perceptions it was based on. News from India.

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IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Like most countries, Canada bars the registration of “clearly descriptive” trademarks to prevent applicants from monopolizing words that merely describe the goods or services at hand. 2000 SCC 66 at para.

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IP Copyright Infringement Inventor Intellectual Property 106

SpicyIP

MAY 15, 2023

Gaurangi Kapoor highlights the key aspects of the litigation and writes on the findings of the court. SpicyIP intern Surmayi Khatana writes on this exciting news clarifying that the agreement is technically between ISRA and the Collective Rights Management Organization, PPL, and not the industry body IMI, as reported in the media.

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Trademark Registration Cease and Desist IP 104

IP and Legal Filings

JANUARY 22, 2023

According to reports, the company was established in 1887 under the name Raleigh Cycle Co. The plaint includes information on the registrations for the aforementioned mark, which are also registered trademarks in India. In Europe, it owns and runs a variety of bike and cycling brands, including “RALEIGH.” Defendant No.

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Technology & Marketing Law Blog

APRIL 29, 2023

” As for the remaining copyright-based takedown notice, the court says it doesn’t matter that BAYC didn’t have a copyright registration for the work at issue because unregistered works are still protectable. Hawks * New(ish) Report on 512 Takedown Notices * Can 512(f) Support an Injunction? Alper Automotive v.

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Fair Use Cease and Desist Copyright Trademark 98

LexBlog IP

DECEMBER 3, 2021

Nearly every mainstream marketplace and social media platform has Acceptable Use Policies, which provide procedures for reporting intellectual property infringements. The Amazon Brand Registry (“The Registry”) [1] is a free service, which allows the brand owner to search for content using images and keywords and report violations.

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Branding Brands Branding Intellectual Property 52

Kluwer Copyright Blog

MAY 9, 2023

The biggest copyright law question in the EU and US is probably whether using in-copyright works to train generative AI models is copyright infringement or falls under the transient and temporary copying and TDM exceptions (in the EU) or fair use (in the US). There is disagreement among commentators whether this is a desirable development.

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Copyright Fair Use Copyright Law Law 137

azrights

MARCH 15, 2021

A distinctive asset such as the Nike Swoosh would have been capable of registration as a trademark as soon as the design was created. Securing legal protection gives you scope to build associations to your brand name without fear of competitor copying. So, for example, it has a registration showing its 3 stripes slanted on a shoe.

Branding 52

Branding Brands Branding Trademark 52

Technology & Marketing Law Blog

AUGUST 11, 2023

In re: StubHub Refund Litigation , No. The court says it’s immaterial that there is a potentially long time delay between user registration and the purchases. The next paragraph “encourage[d]” Mr. Sadlock to “review the updated Subscriber Agreement in full and save a copy for your files. Bleacher Report, Inc. , No.

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Contracts Law Reporting Blogging 72

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

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IP Copyright Trademark Intellectual Property 124

SpicyIP

NOVEMBER 15, 2022

However, it was reported that a few DNR are not giving effect to the injunction orders passed by the court. The Appellant however argued that rejecting the application right after Appellant’s response to the First Examination Report was not the right stage for rejection. Hindustan Unilever Limited v.

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Trademark Patent Copyright Designs 105

43(B)log

AUGUST 11, 2021

Significant rise in substantial similarity litigation starting in 2006—tripled. Courts don’t do really prong one beyond assessing access (not independently assessing copying). Break out reported/unreported for all your analysis to deal w/that. Questions: how does this doctrine interact with concurrent registrations?

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Trademark Copyright Branding Brands 72

43(B)log

FEBRUARY 3, 2024

Social organizations: IP protection centers funded by gov’t can provide info to rights holders; notaries/appraisal institutions; industry associations can serve members and establish IP litigation funds for impecunious members. Special 301 report: not a theoretically robust critique so it’s easy for China to fight back.

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IP Marketing Marketing Patent 59

43(B)log

APRIL 28, 2022

The media coverage of the New League is replete with examples of reporters who assume that there is a connection between the Old League and the New League. Plaintiff’s 1980s USFL registrations lapsed. The 2011 registrations were acquired from an unrelated entity. Can this challenge even be made at this point?]

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Licensing Advertising Advertising Registration 45

The IPKat

JUNE 23, 2022

easyGroup Ltd v Nuclei Ltd [2022] EWHC 901 (Ch) (April 2022) Serial trade mark litigant easyGroup, the vehicle for Sir Stelios to seek to monopolise the word “easy” for travel and just about everything else, received some comeuppance before Mrs Justice Bacon. Muzmatch has since rebranded as Muzz. They were so struck out.

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Branding Brands Branding Litigation 73

43(B)log

FEBRUARY 4, 2023

Hughes: increasing registrations for women at the © office compared to other metrics where women are disadvantaged—ownership of stock, real property, presence on corporate boards, patent ownership which then translates to being in a startup. Mailyn Fidler, Cross-Racial Copyright Litigation in Music: Only a Paper Moon? Who sues who?

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Copyright Editing Settlement Music 64

Kluwer Copyright Blog

FEBRUARY 20, 2023

The issue is beginning to be litigated in the United States and the United Kingdom. According to press reports , “artist associations are mobilizing to introduce a specific section in the Act dedicated to the creative arts, including safeguards requiring that rightholders give explicit informed consent before their work is used.”

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Copyright Fair Use Publishing Law 106

The IP Law Blog

MARCH 2, 2021

This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder. Published in Landslide , Vol. 3, January/February 2021, by the American Bar Association.

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Intellectual Property Contracts Trademark Trademark Law 52

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Those requirements will impose huge compliance costs, but those investments won’t prevent online marketplaces from being dragged into extraordinarily expensive and high-stakes litigation over eligibility for this defense. Also, product shots have been a constant source of copyright litigation. eBay rejected.

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