The IPKat
AUGUST 11, 2021
IPKat readers interested in copyright are well aware of how, over the past several years, the right of communication to the public has gained a top spot in litigation and case law. Ultimately, the defendant failed to rebut the assumption of knowledge. However, no such enquiries were demonstrated in the proceedings.
IP Tech Blog
FEBRUARY 15, 2023
Given that China has no discovery system like in the US litigation, potential infringement must be thoroughly investigated by the rights holder, with evidence secured in the proper forms so that it can be admitted before a Chinese court or accepted by the Chinese police in case of a criminal action. But rights holders must be prepared.
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LexBlog IP
FEBRUARY 15, 2023
Given that China has no discovery system like in the US litigation, potential infringement must be thoroughly investigated by the rights holder, with evidence secured in the proper forms so that it can be admitted before a Chinese court or accepted by the Chinese police in case of a criminal action. But rights holders must be prepared.
LexBlog IP
APRIL 19, 2023
This can lead to expensive “false marketing” litigation. Examples of copyright-protected materials commonly used on Amazon listings include aspects of the products listed, images (e.g., The key for Amazon sellers to avoid copyright infringement issues is to utilize only original content with all aspects of their products.
Kluwer Copyright Blog
JULY 14, 2023
No liability of GLAM if they comply with certain due diligence steps (akin to “safe harbor right statement“). Rights holders would however keep the right to request injunctive relief (without damages) if/when they allege that these operations infringe their rights.
Technology & Marketing Law Blog
MAY 15, 2024
If the Supreme Court upholds the discovery rule for copyright cases, or simply declines to address it, the decision will leave copyright defendants exposed to very large awards for years of infringing conduct (as they have been everywhere but the Second Circuit). By Guest Blogger Tyler Ochoa Last week, the U.S. 3d 39 (2d Cir.
Traverse Legal Blog
APRIL 1, 2021
In this Tech Law Radio podcast, NFT attorney Enrico Schaefer talks about legal issues which are already being litigated by lawyers in the NFT marketplace. Your only protection on the front end is due diligence. Some of these issues are going to give rise to claims of copyright infringement , price-fixing or price manipulation.
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