The IPKat

DECEMBER 5, 2021

Further analysis on the topics of authorship of computer-generated works, text and data mining exception, and inventorship in case of inventions created by AIs was published on the Kluwer Copyright Blog. The SpicyIP blog published a brief analysis of the situation and explained why the topic of cultural appropriation matters even more today.

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The IPKat

FEBRUARY 14, 2023

Starting at 2pm and finishing with drinks and canapes from 6:15pm at Simmons’ offices in Citypoint, Moorgate , the full line up is below: 14:00-14:30 – Registration 14:30-14:40 – Introduction and welcome (Darren Meale) 14:40-15:40 – Panel 1 – “Trade marks as legal weapons – are us lawyers abusing the system?

Intellectual Property 67

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The IPKat

AUGUST 28, 2021

Copyright PermaKat Eleonora Rosati shared her analysis of the judgment in VG Bild-Kunst (C-392/12), issued by the Court of Justice earlier this year [see also an earlier post by Eleonora on the same topic here ]. In this judgment, the Court has (once again) interpreted the concept of ‘communication to the public’ under the InfoSoc Directive.

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Velocity of Content

AUGUST 19, 2021

Parties bringing claims in bad faith may have to pay the other party’s reasonable costs and attorneys’ fees (generally up to $5,000). In certain situations, the CCB will also ban bad faith parties from filing any new matters for one year and may dismiss all of a bad faith party’s pending claims.

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The IPKat

AUGUST 14, 2021

Trade marks GuestKat Nedim Malovic considered the meaning of bad faith pursuant to Article 59(1)(b) of the EU Trade Mark Regulation, following the EU General Court's decision in Riviera-Airport v EUIPO. This Kat isn't quite sure how she got here Cometh the hour, cometh the roundup of last week on the IPKat.

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Erik K Pelton

DECEMBER 28, 2020

Hundreds of trademark applications filed this year referenced masks , COVID, quarantine, social distancing, and other pandemic topics. The summer protests following the killing of George Floyd also led to dozens of trademark filings related to the protest topics. There are now more than 2,000,000 active U.S. trademark registrations!

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LexBlog IP

NOVEMBER 30, 2021

During discovery, the hospitals argued that certain of UNOS’s emails exposed “bad faith and improper behavior” in its policymaking process and should be unsealed and considered as proof that the policy change was arbitrary, capricious, and the result of a denial of due process. .”

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Garrigues Blog

JUNE 1, 2021

Banksy Case: registration of a trademark in bad faith and the price of anonymity. The EUIPO has cancelled street artist Banksy’s trademark for the well-known artwork ‘Flower Bomber” on the grounds that it was filed in bad faith. There will be a sequel! Catch up with us every Tuesday on our IP Blog.

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The IPKat

JANUARY 15, 2023

Events 19 January 2023: “Vintage Brands and the New Bad Faith Conundrum” Fide Foundation and TIPSA (Transatlantic Intellectual Property Academy) will hold the 24 Global Digital Encounters on 19 January 2023. Potential topics include – but are not limited to! – More information and registration are available here and here.

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SpicyIP

SEPTEMBER 11, 2023

He wrote detailed posts on this topic later here and here. Talking about this topic, the issue of Judicial Recusals also shouldn’t be left untouched – an issue that has been the heart of several IP controversies, notably the Novartis dispute. The results revealed that the Ministry of Home Affairs had no source or backing of the data.

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The IPKat

FEBRUARY 19, 2023

The theme for this edition is ‘ Exploring IP Magic ‘ and the speakers will consider IP issues in the online world, the EU design reform and other topics as anti-counterfeiting, bad faith, brands and sports, non-agri GIs, works of applied arts and geographical names in trademarks. More details here.

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Technology & Marketing Law Blog

APRIL 1, 2023

This ruling covers two key topics related to 512. A reasonable inference may be drawn from these allegations that Service issued the Vimeo Takedown Notice in the good faith belief that he had an ownership interest that was being infringed. And without a DMCA notice, § 512(f) does not apply.” ” Cite to ISE v.

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The IPKat

DECEMBER 11, 2023

In my view, the fundamental problem posed by component patents is that they risk misaligning a patentee’s inventive contribution to the art with their scope of exclusivity [see here for a classic study on why this is bad]. US courts have developed the so-called ‘causal nexus’ test to prevent this from happening [e.g. here , at 792].

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Technology & Marketing Law Blog

AUGUST 31, 2021

Plaintiff discovered the use of his photos in articles covering the following topics: “FemSkin”. The fact that defendant did not remove the photos after receiving notice and the fact that defendant did not have an ostensible good faith basis for using the images are decisive to the court. The Snuggery”. Dillie the Deer”.

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Kluwer Copyright Blog

FEBRUARY 28, 2023

The “bad faith” of the platform Another thought-provoking conceptual contribution of the Opinion is that the AG builds on the CJEU’s findings in Stichting Brein (par. 44) in order to propose a consolidated criterion for the determination of copyright infringement by an intermediary on the basis of their “bad faith”.

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Copyright Infringement Television Copyright Copyright Law 52

43(B)log

MARCH 25, 2024

NIFLA says that abortion is a controversial topic, making disclosures about abortion controversial; but NetChoice said that “ disclosures of social media censorship decisions” were not controversial. There’s no good-faith debate that the warnings aren’t truthful. For similar reasons, the warnings were uncontroversial.

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The IPKat

JULY 9, 2023

It might also have been interesting to examine the various topics covered from a European perspective. It is an equitable defence in which the defendant claims that the plaintiff should not obtain a remedy and profit when the latter has acted unethically or in bad faith or has carried out illegal activity.

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The IPKat

JANUARY 9, 2022

The panel discussed topics from the perspective of China, Germany, Europe, Japan, and the U.S., Michael Zeitler (Kuhnen & Wacker). Strategies for Patent Cooperation Treaty (PCT) Filings The third session was moderated by Mr. Matthias Reischle-Park (WIPO). Maria Strong (U.S. Copyright Office), and Ms. Alice Wang (Beijing Guantao Law Firm).

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The IPKat

JULY 5, 2021

A consideration of justice also provides a perspective on one of the trickiest topics in the SEP debate – the availability of injunctions (something that is particularly sensitive in the auto sector where the “products” being injuncted retail for tens of thousands of dollars). 2 What is equipment?

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Copyright Lately

OCTOBER 24, 2022

In 1997, the Second Circuit reversed the district court’s finding that BET made fair use of Faith Ringgold’s “Church Picnic Story” quilt. As I discuss below, using AI tools to create deliberate knockoffs carries major risks and it’s bad karma to boot. The parties ultimately settled the case before trial.

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Artwork Copyright Infringement Copyright Art 88

Technology & Marketing Law Blog

APRIL 30, 2022

Plaintiff’s allegations regarding the leadup to his account suspension do not provide a sufficient factual underpinning for his conclusion Twitter lacked good faith. Twitter constructed a robust five-strike COVID-19 misinformation policy and, even if it applied those strikes in error, that alone would not show bad faith.

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Social Media Contracts Government Publishing 106

The IPKat

NOVEMBER 27, 2023

Acquiescence is a topic of interest following the CJEU in Heitec (see Volume 9 ) and the UK Court of Appeal in Combe (see Volume 12 ). Tesco’s only consolation prize was its success at knocking out a number of repeat logo filings by Lidl on the grounds of evergreening and bad faith. IPKat here and here.

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Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. Bad Faith in Trade Secret Cases. 2020 IL App (1st) 191790, the state appellate court affirmed the award of attorneys’ fees incurred by defendants under the bad faith fee shifting provision of the Illinois trade secrets statute.

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Technology & Marketing Law Blog

JULY 5, 2021

The Google AdWords purchase too may not alone evidence bad faith. And the Defendant’s failure to “negative keyword,” i.e., deactivate, the term “Floor Decor” from its AdWords could be viewed as a failure to self-flagellate – which does not entail bad faith. .” * RVC Floor Decor, Ltd. 2021 WL 1163117 (E.D.N.Y.

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IP Social Media Fair Use Branding 85

The IPKat

JANUARY 17, 2023

Designs get comparatively little attention which is no doubt due to space limitations (the book has almost 1,500 pages excluding the tables of cases and legislation) but given the many design complexities in Europe, it is the one topic where a bit more detail would have been welcome.

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The IPKat

DECEMBER 29, 2023

Findings on specific issues and topics Data regarding the stack Data regarding the stack could not be obtained directly from ETSI. On Optis, the Judge concluded that their approach to negotiation was inept, and that they were simply bad negotiators rather than playing ‘hardball’.

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Technology & Marketing Law Blog

JUNE 22, 2023

.” Given these stakes, politicians should prioritize developing good-faith and well-researched ways to facilitate and support journalism. Instead, the CJPA takes an asinine, ineffective, unconstitutional, and industry-captured approach to this critical topic. For more on this topic, see Ashutosh A. Free Speech L.

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LexBlog IP

JULY 21, 2021

As that report noted: The study’s most conservative estimate.takes into account only the revenues of faith-based organizations, [and] is $378 billion annually … By way of economic perspective, this is more than the global annual revenues of tech giants Apple and Microsoft combined.Our second mid-range estimate. society at $4.8

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Technology & Marketing Law Blog

MAY 18, 2023

Between the two decisions, we get a powerful opinion on the topic of “aiding and abetting” online, while Section 230 dodged its first SCOTUS review. To be sure, it might be that bad actors like ISIS are able to use platforms like defendants’ for illegal—and sometimes terrible—ends.

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SpicyIP

AUGUST 30, 2021

Topical Highlight. She suggests that the IPD Rules should provide for penalties for bad faith conduct of parties such as filing frivolous applications and pleadings which unnecessarily draw out the proceedings. Sun Pharma v. Cipla: Madras HC Rejects COVID as an Excuse for Passing Off. Cipla Ltd. ,

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Technology & Marketing Law Blog

MAY 25, 2022

The opinion tackles one of the hottest topics in Internet Law: do UGC services engage in editorial functions protected by the First Amendment? The most likely parties to take advantage of this access right are bad-faith actors like spammers and trolls, and it would be socially wasteful to treat them like legitimate users.

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Social Media Law Blogging Publishing 97

Technology & Marketing Law Blog

JUNE 20, 2023

Both parties were no doubt concerned about AWF’s sales of the 16 originals and past and future licensing of reproductions of the Prince Series, but a sincere apology and good-faith negotiations may have resulted in a win-win situation for all concerned. Barton Beebe’s empirical work on this topic. In the first, Sony Corp.

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Technology & Marketing Law Blog

OCTOBER 29, 2023

I hope you enjoy these 2,800 words on legal topics you assumed were definitively resolved over a dozen years ago.] Good Faith. Section 230(c)(2)(A) requires that the defendant make its filtering decision in “good faith,” something that plaintiffs challenge. [My blogging queue has gotten backlogged.

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Technology & Marketing Law Blog

MAY 9, 2023

We don’t want privacy experts making policy decisions about topics outside their swimlanes. Worse, if policymaker prioritize privacy considerations over others, bad-faith actors will use “privacy” as a trojan horse to advance illegitimate policy objectives–including censorship.

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Technology & Marketing Law Blog

JUNE 14, 2022

For more on the topic of newspapers correcting their Section 230 coverage, see this post. As Section 230 became a mainstream topic and a partisan talking point for both parties, there was a flood of newcomers to the Section 230 field. 3) Reporters Made Unforced Errors About Section 230.

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