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Recipes Aren’t Copyrightable, No Matter How “Exciting” They Are–Coscarelli v. Esquared

Technology & Marketing Law Blog

It has cratered into a fireball of litigation that doomed the restaurant chain (e.g., It’s so complicated that the judge made an appendix recapping the status of dozens of claims: This post focuses on a sliver of the sprawling litigation empire. this article ) and is now generating truckloads of cash for many lawyers.

Copyright 141
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If a Lawyer Accepts a TOS While Investigating a Claim, Does It Bind the Client to Arbitration?

Technology & Marketing Law Blog

This is a putative class action lawsuit against a people search company for allegedly misusing publicity and personality rights by displaying images contained in yearbooks. This case addresses the often-relevant question of whether counsel can compromise a client’s rights through use of a site or agreement to a terms of service.

Privacy 100
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Wanjiru v Machakos University: Image rights and its relationship with constitutional/human rights in Kenya

The IPKat

One other thing that was noteworthy from this case was that the University sought the opinion of the Kenya Copyright Board (KECOBO) on the matter and KECOBO issued a Legal Opinion wherein it stated that the University’s actions may have violated the right to human dignity and privacy, data rights, personal rights and proprietary rights.

Privacy 97
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SpicyIP Weekly Review (August 16 – 22)

SpicyIP

In a guest post , Satchit Bhogle covered the issue of infringement of personality rights. It is noted that the test for identifying infringement of personality rights is to check whether there has been unauthorised use of identity for commercial gain and if there is a likelihood of confusion.

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Why Moral Rights are Dead Serious: Preserving the Posthumous Moral Right of Integrity – Part I

SpicyIP

are typically objected to on the grounds of personality rights (publicity rights, celebrity rights, by other names), privacy and (to a limited extent) defamation. The integrity right can be exercised by legal representatives of the author as well.

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SpicyIP Weekly Review (September 18- September 24)

SpicyIP

On one hand, they can lead to an amicable settlement between the parties and prevent lengthy litigations. Some Perspectives Would Sending a Cease-and-Desist Notice Harm Your Chances of Securing an Ex Parte Ad Interim Injunction? On the other hand, this gives a chance to the violating party to quickly dispose of the goods.

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Why Moral Rights are Dead Serious: Preserving the Posthumous Moral Right of Integrity – Part II

SpicyIP

Given that Section 57 provides that the legal representative “may” exercise the moral right, they may exercise this discretion by choosing not to enforce the right as well.