TorrentFreak

DECEMBER 15, 2023

On the flip side, it also presents several threats. Tthese copyright concerns will be discussed next month at a meeting of WIPO’s Advisory Committee on Enforcement, where several stakeholders will present their thoughts. At the same time, it also presents new challenges. But that’s just the tip of the iceberg.

Music 122

Music Technology Copying Copyright 122

Patently-O

JANUARY 4, 2024

2024) A recent copyright infringement lawsuit filed by small Boston intellectual property boutique Hsuanyeh Law Group PC (HLG) against international giant Winston & Strawn LLP focuses a dividing line that can highlight when copying the work of another firm is permissible. Winston & Strawn , 23-cv-11193 (S.D.N.Y.

Plagiarism 122

Plagiarism Fair Use Copying Copyright Infringement 122

Velocity of Content

MAY 1, 2024

29 town hall, The Heart of the Matter: Copyright, AI Training and LLMs, presented a comprehensive case that AI systems do infringe copyrights and called for a licensing system to compensate content owners. The presentation wove together technical principles and legal arguments. Fair use loomed large among those rights.

Fair Use 52

Fair Use Copying Licensing Copyright 52

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

Patently-O

MARCH 31, 2024

In addition to rebutting this direct evidence, the patentee is also permitted to present additional objective indicia of nonobviousness such as commercial success, long-felt but unsolved needs, failure of others, copying, unexpected results, praise by others, and licensing. 2021) (summary judgment). The Federal Circuit agreed.

Invention 57

Invention Copying Licensing Art 57

Kluwer Copyright Blog

NOVEMBER 16, 2023

Pursuant thereto, the copyright holder is no longer entitled to control the further distribution of a copy of their work after that copy had been put on the market with the rightholder’s consent. The exhaustion doctrine was conceived with physically sold hardcopies in mind. Some commentators have remarked (e.g.,

Copyright 91

Copyright Copying Copyright Law Marketing 91

TorrentFreak

FEBRUARY 28, 2024

In all cases, whether on physical cartridges or supplied as digital downloads, Switch games contain security measures designed to prevent copying or being run on unauthorized devices. Nintendo says 100% of the copies available were necessarily pirated copies and every user who obtained a copy did so without paying for the game.

Copying 101

Copying Technology Designs Design 101

SpicyIP

JANUARY 27, 2023

Glenmark made out the case that in September 2022 it had received reports of counterfeit Telma and Telma-AM products being sold in Delhi markets. The plaintiff emphasized that the defendant had copied the trade mark, trade dress, and get up of the genuine products.

Marketing 111

Marketing Marketing Reporting Advertising 111

TorrentFreak

OCTOBER 21, 2023

The piracy group repeatedly opened “screener season” by releasing leaked copies of upcoming films. EVO was also the first to release an early Blu-ray copy of ‘Spider-Man: No Way Home’ last year, and a high-quality copy of the blockbuster “Dune” in 2021, ahead of its official U.S.

Copying 94

Copying Publishing IP Reporting 94

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.” ” Marketing channel. ” Relatedness of goods. The litigants directly compete. Mark similarity.

Advertising 85

Advertising Advertising False Advertising Trademark 85

TorrentFreak

APRIL 5, 2024

Pressure Increases on Players in the Illicit Market In common with its counterparts in Europe, Sweden had already been paying more attention to those involved in the supply and sale of pirate IPTV subscriptions. “The Patent and Market Court of Appeal assesses that it is already evident from L.K.’s

Reporting 94

Reporting Marketing Marketing Copying 94

Technology & Marketing Law Blog

MARCH 11, 2022

In response, Newman, the community moderator, copied all of the community’s posts and uploaded them to Dreamwidth–an action we used to call “mirroring” in the old days. “Newman did not create the original allegedly defamatory posts on LiveJournal…Newman copied the allegedly defamatory posts from LiveJournal to Dreamwidth verbatim.

Fair Use 102

Fair Use Copying Copyright Publishing 102

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

LexBlog IP

FEBRUARY 26, 2024

But if you have not taken that route for one reason or another and you encounter highly similar products on the market, there are other ways to protect your products through IP. Unfair competition may protect your fashion items against copying in two scenarios. One way is to take advantage of the European unregistered design.

IP 52

IP Designs Design Copying 52

IPilogue

DECEMBER 9, 2022

The court opined that the dispute to copying does not arise as the defendants had admitted to copying the tattoo. 2016) it stated that the burden is on the Defendant to prove the copying was authorised. Citing Muhammad-Ali v. Final Call, Inc., 3d 755, 761 (7th Cir. Would Alexander Have Won this Case in Canada?

Fair Use 112

Fair Use Copying Licensing Copyright 112

TorrentFreak

JUNE 30, 2023

government as markets for piracy and counterfeits were present in the data set,” the article added. The present lawsuit will be closely watched by AI enthusiasts and rightsholders. “At least 27 other sites identified by the U.S. According to several experts, that defense could likely apply to AI training cases.

Copyright Infringement 140

Copyright Infringement Fair Use Copyright Journalism 140

Technology & Marketing Law Blog

AUGUST 2, 2021

The book is available as a PDF at Gumroad for $10, as a Kindle ebook for $9.99, and in hard copy at Amazon for $20. The hard copy comes with a free PDF on request; and shipping should be free on Amazon Prime.] If you’re an academic and would like a free evaluation copy, please email me. Weis Markets. MySpace (5th Cir.).

Editing 145

Editing Law Privacy Contracts 145

Dragons' Den

FEBRUARY 1, 2024

From a hair care revolution to dental hygiene for cats, the Den saw a variety of presentations, each with their own unique challenges and opportunities. We decided to have patents in as many markets as possible. A registered design provides a number of benefits including the right to take legal action against any copies of your work.

Blogging 64

Blogging IP Intellectual Property Designs 64

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?

Copyright 121

Copyright Artwork Moral Rights Non-Fungible Tokens 121

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 91

Reporting Marketing Marketing Social Media 91

TorrentFreak

SEPTEMBER 30, 2021

The three models argued that Cloudflare directly infringed their rights by making copies of the copyrighted works on its servers and deliberately marketing its service to pirate sites. This includes the suggestion that Cloudflare marketed its service to pirate sites. No Direct Infringement (for now).

Copyright Infringement 127

Copyright Infringement Advertising Advertising Copyright 127

SpicyIP

NOVEMBER 18, 2021

I shall first briefly summarise the test to be applied and then assess the facts of the present dispute in light of the standard. Section 52(1)(a) specifically is important for the purpose of the present debate. Additionally, the character of use in the present case is also arguably transformative in nature. Section 52(1)(a).

Reporting 116

Reporting Copyright Copyright Infringement Marketing 116

Patently-O

AUGUST 23, 2021

Copying of the design by a third party. On appeal, the Federal Circuit rejected these considerations — finding a lack of nexus between the scope of the claims and the commercial success, praise, and copying. However, nexus can be presumed when the patent is commensurate in scope with the product being sold/praised/copied.

Design Patent 89

Design Patent Designs Design Patent 89

Biswajit Sarkar Copyright Blog

OCTOBER 9, 2023

Undoubtedly, the OTT broadcasting market is one of the world’s largest media markets. Presently, many OTT platforms are taking up the creation of exclusive content to be streamed through their platforms. Conclusion Presently, the frontiers of Intellectual Property Rights have been pushed to previously unimaginable limits.

Cease and Desist 85

Cease and Desist Licensing Intellectual Property Copyright 85

Technology & Marketing Law Blog

DECEMBER 27, 2021

The application of this principle to this case is easy: the elements that Defendants allegedly copied from Coscarelli’s cookbooks are primarily lists of ingredients and directions for combining them. Esquared appeared first on Technology & Marketing Law Blog. ” Really?

Copyright 140

Copyright Social Media Copying Blogging 140

Delaware Intellectual Property Litigation Blog

JANUARY 8, 2022

1125, for its statement in marketing its VeriCall solution that VeriCall will “increase 10% IVR Containment Rate.” A copy of the Memorandum Opinion is attached. At the conclusion of the jury trial, the jury found Defendant liable for false advertising under the Lanham Act, 15 U.S.C. As a result, the jury awarded Plaintiff $1.44

False Advertising 68

False Advertising Advertising Advertising Law 68

Patently-O

AUGUST 24, 2023

In its recent Volva Penta decision, the Federal Circuit found that the PTAB had (1) created too high of a burden to prove nexus and (2) been unduly dismissive of the patentee’s evidence of commercial success and copying. The PTAB found evidence showing Brunswick copied the Forward Drive in developing its competing Bravo Four S product.

Invention 52

Invention Copying Art Designs 52

43(B)log

MARCH 4, 2024

Although this wasn’t a two-player market, the evidence (including trade organization membership and Albion’s own offers to distributors) suggested that Newborn and Albion were direct competitors. Still, Albion guns stamped or otherwise marked to indicate American manufacture are presently displayed across the country.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

TorrentFreak

JUNE 2, 2022

In the meantime, unofficial ‘scanlation’ groups stepped in to meet demand with their scanned and translated copies, leaving official suppliers to play catch-up and pirate sites to reap the benefits. As a result, companies including Tokyo-based publisher Shueisha and US-based publisher VIZ Media now have a big piracy problem.

Publishing 131

Publishing Copying Copyright Infringement Copyright 131

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 113

False Advertising Advertising Advertising Patent 113

IIPRD

MARCH 4, 2024

It creates an impact in the market, like at the time of collaboration or merger with foreign companies. It was decided by the Supreme Court in the case that the cinematographic films do have the copy right it was on of the issue in the case of Yash Raj Films vs Sri Sri Ganesh Productions. [1]

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

Velocity of Content

MAY 24, 2023

Do I need permissions to reuse content in a conference presentation? If the content in the presentation was previously published in a journal or other third-party publication, it may well require permissions for reuse, even if it is the result of your own or your client’s research.

Copyright 98

Copyright Fair Use Journalism Publishing 98

TorrentFreak

SEPTEMBER 4, 2023

“Raids conducted at the end of last year in Singapore are a good example of law enforcement using media coverage to send a strong message to the market about the legal risks associated with piracy. And when researchers fail to present proper evidence, that’s worth pointing out too.

Reporting 83

Reporting Copying Trademark Marketing 83

Technology & Marketing Law Blog

JANUARY 8, 2024

Likewise, if a customer went to the Toyota website, searched for “Honda Civic” and was presented with a list of cars clearly labeled as Toyota Corollas, that person could not think that such presented options included a Honda Civic. Peninsula appeared first on Technology & Marketing Law Blog.

Trademark 78

Trademark Advertising Advertising False Advertising 78

Trading Secrets

FEBRUARY 27, 2024

The Division reasoned that the employee had not presented evidence that this industry involved a limited pool of customers such that this provision “effectively forecloses other employment opportunities,” so the Division concluded this provision did not violate the NLRA. The Division also found that this provision did not violate the NLRA.

Confidentiality 64

Confidentiality Settlement Contracts Business 64

The IPKat

MAY 9, 2024

In addition, in the present case, while the graphic representation of the 3D trade marks filed by the applicant contains the distinctive wording “Loro Piana” or the letters “L” and “P”, these verbal elements lack in the application for the position trade mark.

Marketing 62

Marketing Marketing Intellectual Property Designs 62

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.” Enhanced reputation can be a commercial benefit, such as when a scientist falsely presents another’s article as her own.” Effect on the market: Harm was implausible.

Fair Use 90

Fair Use Social Media Licensing Marketing 90