LexBlog IP

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. Issue(s) Whether the Ressemann reference disclosed the combination of features as to preclude a nexus between the objective evidence of non-obviousness.

Copying 52

Copying Art Marketing Marketing 52

The IPKat

AUGUST 1, 2021

In the first case, the Austrian Supreme Court has referred the following questions to the CJEU (freely translated and shortened from the German original): 1. In the second case, the referred questions (freely translated and shortened from the German original) are the following: 1. 2(a) and (e) and Art.

Television 145

Television Art Advertising Advertising 145

Trading Secrets

DECEMBER 7, 2022

Seyfarth’s Trade Secrets, Computer Fraud & Non-Competes practice group is pleased to provide the 2022-2023 edition of our 50 State Desktop Reference, which surveys the most-asked questions related to restrictive covenants and trade secrets in all 50 states, plus the District of Columbia. Request a Copy.

Editing 64

Editing Confidentiality Copying 64

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 67

Copying Copyright Ownership Intellectual Property 67

The IPKat

NOVEMBER 11, 2022

You may not love Asian carp, but you will hopefully love copi (and will give the fish a try at your favorite restaurant, thereby preventing ecological disaster). The maligned variety is referred to as European carp, but there is also an Asian carp. Focus groups described copi as 'cute' and 'manageable'. See also choosecopi.com.

Copying 82

Copying Licensing Marketing Marketing 82

43(B)log

NOVEMBER 27, 2023

Design Gaps had in the past conducted projects for Peters Custom Homes including the design and construction of residential cabinetry in homes referred to as “Quail Hollow North” and “Lake Wylie.” And the complaint was full of references to Design Gaps’ copyrighted designs and defendants’ “copying.”

Copying 59

Copying False Advertising Designs Design 59

LexBlog IP

DECEMBER 7, 2022

Seyfarth’s Trade Secrets, Computer Fraud & Non-Competes practice group is pleased to provide the 2022-2023 edition of our 50 State Desktop Reference, which surveys the most-asked questions related to restrictive covenants and trade secrets in all 50 states, plus the District of Columbia. Request a Copy.

Editing 52

Editing Confidentiality Copying Intellectual Property 52

Trading Secrets

DECEMBER 3, 2021

Seyfarth’s Trade Secrets, Computer Fraud & Non-Competes practice group is pleased to provide the 2022 edition of our 50 State Desktop Reference, which surveys the most-asked questions related to restrictive covenants and trade secrets in all 50 states, plus the District of Columbia. Request a Copy.

Editing 64

Editing Confidentiality Copying 64

LexBlog IP

DECEMBER 3, 2021

Seyfarth’s Trade Secrets, Computer Fraud & Non-Competes practice group is pleased to provide the 2022 edition of our 50 State Desktop Reference, which surveys the most-asked questions related to restrictive covenants and trade secrets in all 50 states, plus the District of Columbia. Request a Copy.

Editing 52

Editing Confidentiality Copying Intellectual Property 52

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 56

Copying Law Related Rights Copyright Law 56

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 52

Copying Law Copyright Law Copyright 52

TorrentFreak

MAY 14, 2022

As the takedown notice shows, Riot Games demanded not only the removal of the video, but also any additional copies that may be uploaded in the future. Did the video contain sensitive gameplay video, or did it reference a full-blown leak perhaps? Hard to say on the evidence thus far but Riot was clearly concerned about something.

Copying 96

Copying Social Media Copyright Copyright Law 96

TraskBritt Intellectual Property

APRIL 10, 2021

When developing Android, Google had copied the text and format of function calls from Oracle’s Java SE Application Programming Interface (API). LEXIS 1864 (2021), the Supreme Court held that Google’s copying was permissible fair use. In Google LLC v. 18-956, 2021 U.S. Software and IP.

Fair Use 40

Fair Use Copying Intellectual Property Copyright 40

JD Supra Law

APRIL 15, 2024

Lancium LLC, the PTAB again made clear that “technical availability” of a reference is not enough to establish it is a printed publication. The patent at issue, U.S.

Government 58

Government Copying Art Patent 58

Barry Sookman

APRIL 27, 2024

A copy of my presentation can be accessed below. However, I also referred to several U.S. Earlier this week I gave my annual copyright update to copyright lawyers at an ALAI Canada meeting. The cases I canvassed are listed below. The focus of my talk was on copyright developments that would be of interest to Canadian lawyers.

Copyright 73

Copyright Copyright Law Copying Law 73

IP and Legal Filings

JULY 28, 2022

Every financial year, project accounts must be audited, and a copy must be provided to MahaRERA. [9]. References: [1] The Real Estate (Regulation and Development) Act, 2016 Act no. References: [1] The Real Estate (Regulation and Development) Act, 2016 Act no. 16 of 2016. [2] 16 of 2016. [2]

Registration 81

Registration Government Reporting Marketing 81

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 40

Copying Law Copyright Publishing 40

TorrentFreak

APRIL 6, 2024

Pirated copies of movies leak all year round, often ripped from streaming platforms after their official premiere. However, when a high-quality copy of a blockbuster title appears online before it’s officially available, people take notice. EVO was the group that leaked a copy of Dune: Part One before its official release.

Cinema 126

Cinema Copying Copyright 126

Intellectual Property Law Blog

NOVEMBER 22, 2021

The PPH request must be accompanied by: (1) copies of OEE work products (or latest work products of a PCT application in international phase); (2) a copy of claims determined to be patentable by the OEE; and (3) copies of non-patent documents cited in the OEE work products. FOOTNOTES. [1] 1] [link].

Patent Prosecution 246

Patent Prosecution Patent Patent Application Copying 246

43(B)log

AUGUST 11, 2021

It allegedly sold or gave away unauthorized copies of the I-Codes and Custom Codes to both customers and prospective customers. Although in the copyright decision, the court made reference to “rather surprising oversights,” UpCodes corrected issues when notified by ICC. Once upon a time, this was a copyright dispute.

False Advertising 83

False Advertising Copying Advertising Advertising 83

Plagiarism Today

SEPTEMBER 28, 2022

Gibson, the creator of The Shadow, referred to Batman as a “clowned-up version of The Shadow.”. Through our modern lens, this kind of copying can seem insane. Ethically, this type of copying would be seen as plagiarism and the creators would be treated accordingly, especially given that some of the images were traced.

Plagiarism 191

Plagiarism Copying Publishing Derivative Work 191

JIPEL Copyright Blog

APRIL 26, 2021

However, an equally long list of controversies accompanies this list of accomplishments, the majority of which involve alleged copying. This pattern begins as far back as May of 2018, when Bernstein was accused of copying pieces from several smaller jewelry lines for a collaboration she did with Nordstrom.

Social Media 52

Social Media Copying Branding Brands 52

Intellectual Property Law Blog

DECEMBER 20, 2021

In (2), claims are considered to “sufficiently correspond” where the AU claims are of the same, similar or narrower scope as the claims indicated as allowable/patentable by the OEE. If the above requirements are met, applicants can file a PPH request with the IPA. If the above requirements are met, applicants can file a PPH request with the CIPO.

Patent Prosecution 246

Patent Prosecution Patent Copying Patent Application 246

Plagiarism Today

NOVEMBER 7, 2022

Sterling referred to this as “consensual plagiarism”, meaning that the marketing firm was making these works available for journalists and to use, with or without attribution, on their sites. Staying on the good side of companies is crucial to getting access to review copies and inside information that generates clicks.

Plagiarism 259

Plagiarism Journalism Copying Marketing 259

The IP Law Blog

MARCH 14, 2024

The plaintiffs alleged that OpenAI copied their published books, which are protected by copyright law, and used them in a training dataset for its LLM. To allege a valid copyright infringement claim, a plaintiff must show that: (1) that he or she owns a valid copyright; and (2) that the defendant “copied aspects of his [or her] work.”

Derivative Work 112

Derivative Work Copying Copyright Infringement Copyright 112

TorrentFreak

MARCH 18, 2024

Patrons can also borrow books that are scanned and digitized in-house, with technical restrictions that prevent copying. Staying true to the centuries-old library concept, only one patron at a time can rent a digital copy of a physical book.

Publishing 106

Publishing Fair Use Copying Music 106

Intellectual Property Law Blog

FEBRUARY 13, 2024

Did the Board err in finding that a POSITA would have had a motivation to combine the cited prior art references to Robinson and Greim? 2) The Board did not err in finding that a POSITA would have had a motivation to combine the cited prior art references to Robinson and Greim.

Art 130

Art Invention Copying Designs 130

IP Watchdog

MARCH 5, 2023

David Oppenheimer’s case against Douglas Prutton was referred to the CCB by the U.S. Oppenheimer admitted that he copied and displayed the photograph without permission, but said his adult daughter actually found the photo and placed it on his site, and also argued fair use and unclean hands in defending his use of the work.

Copyright 128

Copyright Fair Use Copying Law 128

The IP Law Blog

AUGUST 3, 2023

It has been referred to as one of the top copyright cases to watch this year. The public display right under copyright law is infringed only when an alleged infringer “displays” a “copy” of the copyrighted work. This “display” refers to making the work perceptible to the public, whether through physical or digital means.

Copying 98

Copying Copyright Social Media Copyright Infringement 98

TorrentFreak

OCTOBER 17, 2022

In some cases, it refers to little more than advanced algorithms, but complex self-learning computer systems with human-like traits are actively being developed as well. The algorithm masters your track with the same RMS, FR, peak amplitude and stereo width as the reference song you choose,” Songmastr explains. Songmastr. .

Music 135

Music Copyright Derivative Work Copying 135

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. What does this excerpt mean for the digital exhaustion debate?

Copyright 91

Copyright Copying Copyright Law Publishing 91

TorrentFreak

JANUARY 28, 2024

Steamboat… Silly Indeed, if we look at the recent takedown notices sent by Disney to Google there are plenty of Mickey references. The episode is littered with easter eggs including references to the 1929 The Skeleton Dance and Dumbo’s debut in 1941. The undisputed star of the show, however, is the original Mickey Mouse.

Public Domain 109

Public Domain Copying Copyright Music 109

Patently-O

FEBRUARY 10, 2023

The inequitable conduct claim was based upon a failure to provide material references to the USPTO as required under 37 CFR 1.56. Although not identical, the reference (Whittle – U.S. ” Still, in this case, the references were never submitted prior to issuance. CBD or 95% CBD+THC.

Copying 92

Copying Patent Prosecution Invention Art 92

IP and Legal Filings

JANUARY 16, 2024

With CDL, libraries maintain a balanced ratio of owned copies to loaned copies (owned to loaned ratio), preventing unauthorized sharing and copying of the digital content. This rule covers lending digital copies of copyrighted works, while works in the public domain can be freely digitized.

Copyright 83

Copyright Fair Use Public Domain Copying 83

Copyright Lately

JANUARY 23, 2024

The TLDR is that Sedlik owns a valid copyright in the Miles Davis photo, and Kat Von D admits to using the photo as a reference image to create her tattoo. This is the first case I’m aware of in which the owner of a copyrighted reference image has sued a tattoo artist for copyright infringement. The Good, the Bad and the.

Social Media 140

Social Media Fair Use Copyright Infringement Copying 140

TorrentFreak

APRIL 7, 2024

After uploading a copy of TPB-AFK to the system, near-instantly it found over 2,000 matches across the dozen platforms. These don’t need to be taken offline, but as far as we could see, the detected links were indeed pointing to copies of the TPB-AFK documentary. Whether it missed any links is unknown, of course.

Copying 88

Copying Copyright Infringement Fair Use Social Media 88

TorrentFreak

AUGUST 11, 2022

This meant that the matter was referred back to the Federal Claims court, to determine the appropriate damages amount. 600,000 ‘Infringing’ Copies. This is based on the installed copies and the price both parties would have reached in a ‘fictitious’ negotiation.

Copying 142

Copying Copyright Infringement Government Licensing 142