The IPKat

FEBRUARY 3, 2023

Katfriends Adrian Aronsson-Storrier and Oliver Fairhurst from Lewis Silkin report on recent litigation in the UK against the developers of AI generation software. This litigation has arisen amongst a flurry of recent interest in AI generated works. What is AI image generation software?

Litigation 143

Litigation Copying Copyright Designs 143

Technology & Marketing Law Blog

DECEMBER 5, 2022

Case Citation : Digital Marketing Advisors v. Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. The post 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. Prior Posts on Section 512(f).

Marketing 75

Marketing Marketing Cease and Desist Fair Use 75

43(B)log

OCTOBER 11, 2022

Appian disseminated the report through its sales team, social media, and other marketing. I’m proud to work for a company that is not afraid to undertake the unpleasant action of litigating against those whose actions we believe are unlawful and unethical. The BPM market is large.

Marketing 59

Marketing Marketing Business False Advertising 59

Technology & Marketing Law Blog

AUGUST 5, 2022

This is a case focusing on ownership of social media accounts. See “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ” and “ Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. (See We blogged this case twice before.

Social Media 99

Social Media Ownership Branding Brands 99

Technology & Marketing Law Blog

JANUARY 24, 2024

However, the appellate court seems to invalidate that six-factor test: “Determining he ownership of social-media accounts is indeed a relatively novel exercise, but that novelty does not warrant a new six-factor test.” The next step is to determine whether ownership ever transferred to another party.

Social Media 80

Social Media Ownership Designs Design 80

Velocity of Content

MARCH 16, 2023

After all, while we are pondering the weighty issue of future ownership, we are not focusing on the fundamental issue of wholesale copying of works to train AI in a wide variety of situations. Each of these cases is unique, fact dependent, and likely, if fully litigated on the merits, to shed light on different aspects of copyright law.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

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

IP Law 360

AUGUST 3, 2023

million for a startup's "complete disregard" of its ownership of a patented air conditioning technology, finding the startup had continued to market the technology as its own throughout the lawsuit and tried to avoid liability by disappearing from the litigation.

Ownership 40

Ownership IP Litigation Technology 40

JIPEL Copyright Blog

DECEMBER 15, 2021

Trademark litigation in the fashion world is not a novel concept. Indeed, fast fashion has already flooded the market with similar products at a lower price point. For decades, Adidas has been engaging in a long list of trademark infringement cases in the US and across the world.

Trademark Law 52

Trademark Law Marketing Marketing Trademark 52

Technology & Marketing Law Blog

MARCH 8, 2024

If there are 1,000 SAD Scheme cases a year with 200 defendants each, there are 200,000 SAD Scheme trademark defendants in litigation every year. GmbH as a Possible Trademark Troll The post The SAD Scheme as an Institutional Failure appeared first on Technology & Marketing Law Blog.

Trademark Law 99

Trademark Law Trademark IP Blogging 99

Patently-O

MARCH 12, 2023

The holding company trades on the Australian stock exchange with a market valuation of $1.8 With one firm having 32% of the Australian national phase market, you might think that conflicts would get a bit tricky. Collectively, this is about 1/3 of the Australian national-phase market. billion Australian dollars ($1.2

Patent 125

Patent Intellectual Property IP Marketing 125

Technology & Marketing Law Blog

MAY 30, 2023

The case involves Vital Pharmaceuticals, which markets “performance energy drinks” a/k/a drinks that accelerate your death. Accordingly, the court preliminarily enjoins the Owocs from posting to the accounts until ownership is definitively adjudicated. bangenergy.ceo; @bangenergy.careers; @bang_merch; etc.);

Social Media 80

Social Media Ownership Marketing Marketing 80

Technology & Marketing Law Blog

MAY 15, 2024

at 1-2] At its heart, therefore, this case is a dispute about copyright ownership. But before the ownership dispute could be fully addressed, the court was asked to determine whether the claims were timely; and if so, whether damages could be recovered for conduct occurring more than three years before the lawsuit was filed.

Music 95

Music Blogging Copyright Ownership 95

IP Watchdog

MAY 18, 2022

In January 2022, StockX announced its plans to launch The Vault, which uses non-fungible tokens (NFTs) to allow buyers to track ownership of physical products resold on its e-market and warrant their authenticity, including Nike shoes.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Ownership Marketing 122

Kashishipr

APRIL 13, 2022

At present, with the immense growth of interconnectivity, along with digital experiences creating augmented reality and virtual reality, many digital marketers and technology experts have given the term ‘Metaverse’ to these new spheres of human interaction. Market Reach & Presence. IP Challenges in the Metaverse.

Intellectual Property 116

Intellectual Property IP Non-Fungible Tokens Branding 116

LexBlog IP

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 52

Intellectual Property Due Diligence Ownership IP 52

Technology & Marketing Law Blog

JANUARY 25, 2023

Shah pointed to his copyright registrations as evidence of his ownership, but the court says the allegations in his complaint show that he was never entitled to register the copyrights (i.e., To be clear, joint copyright ownership of photos like these could be a policy disaster, so I don’t share the judge’s lament on that front).

Copyright 124

Copyright Fair Use Licensing Ownership 124

Technology & Marketing Law Blog

JANUARY 12, 2024

The plaintiffs lost al of the framing cases then, but here we are in 2024, still litigating framing cases. ” Domain names are also intangible, as are the records documenting domain name ownership, yet the court held they were capable of being converted. Why are we revisiting this crusty old topic? ” That’s true.

Copying 75

Copying Ownership Derivative Work Contracts 75

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 30, 2021

This post summarizes some of the significant developments related to patent litigation in federal district courts of Texas for the month of October 2021. In particular, the RAIA has two provisions that directly address complaints raised by Defendants when seeking PTAB review of patents asserted in litigation in those courts.

Litigation 52

Litigation Patent Invention Business 52

IP and Legal Filings

SEPTEMBER 30, 2022

Even presently, user creation and ownership of valuable assets and currencies contribute to developing a unified metaverse, which includes VR Technology, Augmented Reality, virtual currencies, NFTs, and other similar technologies. Notably, this novel method of tracking ownership makes the resale process more structured and viable.

Trademark 52

Trademark Ownership Branding Brands 52

Technology & Marketing Law Blog

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. I’m pretty sure the drafters of 512(f) never contemplated that it would be invoked in disputes over ownership. BONUS 2: Barz Adventures Inc.

Fair Use 103

Fair Use Cease and Desist Contracts Ownership 103

Patently-O

MAY 9, 2024

The new enforceability requirement would be in addition to the existing provisions that require a terminal disclaimer to match the expiration date of the disclaimed patent to the referenced patent and promise enforcement only during common ownership. Please be specific, including discussion of particular technology or market areas).

Patent Application 84

Patent Application Invention Patent Government 84

CopyrightsWorld

FEBRUARY 17, 2021

Copyright infringement of digital photos differs in important ways from infringement in the markets of music and movies. Get proof of ownership by registering your copyright. It can help you mitigate the risk of expensive and timely litigation, whether you are a claimant or a defendant, as you have proof of ownership.

Copyright Notice 98

Copyright Notice Ownership All Rights Reserved Copyright 98

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

These rights provide exclusive ownership and control over intangible assets, allowing creators to protect their innovations from unauthorised use, reproduction, or distribution. IPRs are crucial for startups as they safeguard their unique ideas and creations, enabling them to establish a competitive edge in the market.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

Trading Secrets

JUNE 22, 2022

This exception allows a buyer to enforce non-compete agreements against a seller if the seller is an “owner of a business entity selling or otherwise disposing of all of his or her ownership interests in the business entity.”. 1) The sale of business exception applies even when the transferor holds ownership in the transferee.

Ownership 98

Ownership Business Contracts Law 98

Technology & Marketing Law Blog

MARCH 15, 2022

The court says the takedown notices are covered by the litigation privilege: “Since the statements at issue here were made to Amazon during the notice and takedown period, they are absolutely privileged. So extending the litigation privilege to DMCA takedown notices seems like an overreach. Defamation. MGA Entertainment.

Copyright 128

Copyright Fair Use Cease and Desist Litigation 128

azrights

OCTOBER 27, 2021

Inevitably competitors will try to capture some of the market shares of any brand that discovers a lucrative market opportunity. Therefore, legal protection needs to be an uppermost consideration when choosing or changing brand codes because legal ownership is fundamental to effective protection of uniqueness of a brand’s identifiers.

Branding 52

Branding Brands Branding Copying 52

Technology & Marketing Law Blog

JULY 5, 2022

Soon after, an entity called Bayside asserted copyright ownership of the photos and sent 512(c)(3) takedown notices to Twitter followed by a 512(h) subpoena to unmask CallMeMoneyBags. Market effect. Bayside didn’t explain the market for the photos or how the tweets harmed that market. Nature of the use.

Fair Use 94

Fair Use Plagiarism Copyright Marketing 94

Kashishipr

MARCH 2, 2022

A trademark registration certificate that you receive after getting your proposed trademark approved from a country’s Trademark Office is just the first step in the journey of your trademark ownership. No trademark office across the globe will ever keep a watch on the market for unauthorized use of your Registered Trademark.

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

IP and Legal Filings

SEPTEMBER 30, 2022

NFTs are an attempt to enforce decentralization, ownership tracking, and value storage, while also making the lawful owner’s claim to the original work visible in the event of duplication. It aims to act as valid proof of ownership and grants the creator “digital bragging rights” through traceable proof of ownership.

Non-Fungible Tokens 52

Non-Fungible Tokens Ownership Contracts Copyright 52

Copyright Lately

JANUARY 16, 2022

Crabtree claims that Kirkman talked him into giving up co-ownership rights in “Invincible” by asking him to sign a document in 2005 that Kirkman represented would make it easier to market the work to licensees but which wouldn’t affect any of Crabtree’s rights. The Requirements for Copyright Joint Authorship and Co-Ownership.

Ownership 65

Ownership Television Copyright Copyright Notice 65

TorrentFreak

DECEMBER 19, 2023

Formerly known as MindGeek, and Manwin before that , the company conquered the online adult market over the past decade by offering free porn to the masses. The name ‘Aylo’ might not ring a bell with many people but it is one of the leading players in the adult entertainment industry.

Copyright Infringement 87

Copyright Infringement Copyright Copying Branding 87

Technology & Marketing Law Blog

NOVEMBER 30, 2023

Prior Posts on Section 512(f) * 512(f) Once Again Ensnared in an Employment Ownership Dispute–Shande v. Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. Universal * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v.

Fair Use 65

Fair Use Cease and Desist Copyright Ownership 65

LexBlog IP

OCTOBER 1, 2022

The Papa Texas affiliate was owned by Mr. Perales, and he began actively promoting his ownership of CiCis and Papa John’s franchises shortly thereafter. Each agreement required Mucho Pizza commit to not communicating, divulging, or otherwise using for another party’s benefit these trade secrets and confidential information.

Confidentiality 52

Confidentiality Intellectual Property Litigation Ownership 52

43(B)log

FEBRUARY 4, 2023

But socially valuable innovations can be difficult to marketize/commodify. Restrict derivative right to adaptations/forms of representations that change medium, not works in same primary market. Mailyn Fidler, Cross-Racial Copyright Litigation in Music: Only a Paper Moon? Reproduction right expanded to cover fragments.

Copyright 64

Copyright Editing Settlement Music 64

Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). ChatGPT , Smodin ), to perform music (i.e., Secondly, para.

Copyright 123

Copyright Art Copyright Law Licensing 123

The IPKat

JANUARY 23, 2022

COPYRIGHT The proposal for a Regulation on a Single Market for Digital Services (the Digital Services Act – DSA), adopted by the EP on January 20, (see below) prompted the European Copyright Society (ECS) to submit a commentary on the proposal from a copyright perspective. Is overblocking real? Crabtree v. United States by the U.S.

Blogging 83

Blogging IP Copyright Reporting 83