IP and Legal Filings

SEPTEMBER 12, 2022

A copyright’s primary topic is what it protects and the standards by which it is protected. The issue of two persons producing similar work is not a barrier to it becoming the topic of literary writing. The theoretical conversations that have been held on the topic provide a clear contrast between IPR and actual assets.

Art 52

Art Copyright Artistic Work Public Domain 52

The IPKat

JULY 9, 2023

It might also have been interesting to examine the various topics covered from a European perspective. Artists borrow styles concept details from pop culture (e.g., A more traditional work will have to supplement the reading, if only to know the whole of the relevant legal framework and the relevant case law.

Art 57

Art Copyright Moral Rights Cease and Desist 57

Kluwer Copyright Blog

JUNE 30, 2021

Instead of merely using various material including the song in question – added the court – the film combined it with cultural commentary on topics such as gender, sexuality, and the artistic process. The application of the third factor, the amount of borrowing, was favorable to the defendants as well.

Fair Use 103

Fair Use Copyright Law Copyright Law 103

43(B)log

AUGUST 9, 2021

5, 2021) Scilex sells an FDA-approved, prescription-strength topical analgesic self-adhesive patch, ZTlido (lidocaine), which is allegedly often prescribed off-label, including for general neuropathic pain (e.g., Scilex Pharmaceuticals Inc. Sanofi-Aventis U.S. LLC, 2021 WL 3417590, F.Supp.3d 3d -, 2021 WL 3417590, No. 21-cv-01280-JST (N.D.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

Dragons' Den

JANUARY 12, 2023

The idea behind Craig’s pitch was to change the way people borrow and overcome the common pitfalls in family lending. IP became the hot topic of conversation with Craig stating that a patent application had been submitted to the US but not the UK. I did wonder why.

Business 52

Business Invention Intellectual Property IP 52

Technology & Marketing Law Blog

JUNE 20, 2023

Barton Beebe’s empirical work on this topic. 15) It said: “Parody needs to mimic an original to make its point, and so has some claim to use the creation of its victim’s imagination, whereas satire can stand on its own two feet and so requires justification for the very act of borrowing.” ( Id. In the first, Sony Corp.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. Pertinent to the award of attorneys’ fees, the appellate court borrowed from Illinois Supreme Court Rule 137, which allows the court to penalize claimants who bring vexatious, false and/or frivolous filings. In Oakwood Lab’ys LLC v.

Law 59

Law Confidentiality Designs Design 59

Kluwer Copyright Blog

NOVEMBER 29, 2021

The former § 24 (1) UrhG allowed such use essentially under the precondition that the new work maintained a great internal distance from the borrowed individual features of the older work. The use of copyright-protected works for the purposes of caricature, parody and pastiche is now expressly permitted in § 51a UrhG (German Copyright Act).

Cease and Desist 115

Cease and Desist Copyright Government Publishing 115

SpicyIP

JANUARY 27, 2024

For larger-than-law-type posts on this topic, check Prof. In sum, ‘tis a very interesting topic. If the topic interests you, don’t miss Prashant’s post on the urgent need for an IP task force and IP Policy to deal with the mass shortage of masks, medical equipment, etc. But like all stories here, it has to end here.

IP 64

IP Licensing Copyright Blogging 64

The IPKat

JULY 20, 2021

According to Grynberg, trade mark law should treat that consumer as a "skillful consumer" that "understands the market in which she shops and is familiar with the tools available to navigate it" [at 327], that would thus take ordinary care – a standard Grynberg borrows from tort law – to ensure she is not confused.

Trademark Law 96

Trademark Law Law Trademark Registration 96

43(B)log

OCTOBER 13, 2021

This was less-favored satire rather than parody, and “defendants have offered no justification for their extensive borrowing.” Further, “the animation does not use Electric Avenue as a vehicle to deliver its satirical message, and it makes no effort to poke fun at the song or Grant.”

Fair Use 83

Fair Use Music Marketing Marketing 83

Patently-O

DECEMBER 12, 2021

Nonetheless, the bar is a content-based restriction because “its reach is defined simply by the topic (subject matter) of the covered speech” [8] – here, the topic being the famous person in question. Rather, the PTO bars registration whether the mark praises, criticizes, ridicules, parodies, or is neutral toward the famous person.

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Registration Government Advertising Advertising 69