The IPKat

MAY 5, 2024

The Webinar will feature current program students presenting their latest articles on cutting-edge IP topics, as published in the Journal of Intellectual Property Law and Practice and The IPKat. Collyer Bristow paid tribute to Tim, who was a much-respected lawyer and a masterful IP litigator. Register to attend here.

Intellectual Property 57

Intellectual Property Intellectual Property Law IP Journalism 57

SpicyIP

JANUARY 1, 2024

The defendants submitted that the commercial launch of their product was scheduled only after the expiry of the plaintiff’s patents i.e. March 2024. Highlights of the Week A Look Back at India’s Top IP Developments of 2023 Continuing with our annual tradition, we curated a list of the top IP developments in India.

Intellectual Property 105

Intellectual Property IP Licensing Copyright 105

Velocity of Content

APRIL 30, 2024

We explored the webinar topics in more depth, and the following is our edited and abridged conversation. Shumaker: I’m also curious about CCC’s role in any of the current litigation. But we don’t keep track of this, and we don’t get involved in their litigation decisions. Dave Shumaker: It’s a pleasure to be speaking with you.

Licensing 52

Licensing Social Media Copyright Publishing 52

LexBlog IP

NOVEMBER 17, 2023

While many of these lawsuits are in the initial stages of litigation, defendants are sure to assert “fair use” and constitutional defenses should plaintiffs’ claims survive pleadings. But a more recent decision from the District of Delaware declined the plaintiff’s invitation to give greater weight to commercialism.

Music 52

Music Copyright Infringement Publishing Copyright 52

The IPKat

JANUARY 28, 2024

Copyright and maps is not a topic that I would have predicted as such, but what I found in this book, in this context, with Alexander’s style and delivery, was a new lens with which to view familiar concepts in a refreshing and fascinating way. A question as simple as “what is a map?”

Copyright 67

Copyright Social Media Publishing Intellectual Property 67

IP and Legal Filings

FEBRUARY 2, 2024

As a result, there have been countless cases when the proprietors attempted to commercialize their goods using a religious connotation. An unfavorable precedent is formed when a trademark is approved for the commercialization of a holy symbol, which other wealthy religious trusts can then take advantage of for their own financial benefit.

Trademark Law 91

Trademark Law Trademark Law Service Mark 91

TorrentFreak

OCTOBER 8, 2021

This liability for online services is a hot topic on the political agenda and it’s at the center of several lawsuits in U.S. The filing described the filmmakers as “opportunistic litigants” that rely on “unsupported” liability theories. courts as well. Lawsuits Target VPN Piracy. “Pursuant to 17 U.S.C. 3) “RarBg” ([link].

Copyright 140

Copyright Settlement Confidentiality IP 140

IPilogue

JULY 19, 2022

John Lemieux is a Partner in the Corporate and Commercial Group at Dentons Canada LLP. Pina D’Agostine & Dr. Aviv Gaon’s “Selected Topics in Privacy and Cybersecurity Law” course with Osgoode Professional Development. This article was written as a requirement for Prof.

Privacy 119

Privacy Journalism Settlement Technology 119

TorrentFreak

JUNE 22, 2023

This is a highly controversial topic in the music industry, with many insiders suggesting that commercial use of these models could breach copyright law. Exactly what is allowed and what isn’t is a topic of legislative debate.

Copyright Infringement 115

Copyright Infringement Copyright Music Copying 115

Patently-O

MARCH 31, 2024

Role of Jury Instructions and Objective Indicia In American civil litigation, jury instructions are the set of legal rules and guidelines provided to the jury by the trial judge before the jury begins deliberations. In contrast, commercial success and long-felt need may depend more on post-introduction market reactions over a longer period.

Invention 57

Invention Copying Licensing Art 57

The IPKat

SEPTEMBER 21, 2022

Bailey (look for an avatar with a Gucci jumpsuit in Roblox) identified the flurry of recent NFT related litigation to be her favorite decisions of last year and identified Hermes Int'l v. Jurisdiction in the global metaverse was another topic that presented intriguing questions and as of yet few answers. Quentin Tarantino et al.

IP 76

IP Reporting Designs Design 76

azrights

JUNE 19, 2023

Instead of wasting money litigating, they should draw a line under the matter and find a stronger name. Just because someone is a lawyer doesn’t mean they magically understand specialist topics like Brand IP. In the past I’ve been appalled by lawyers who encourage their clients to fight cases that are obviously a losing battle.

Branding 52

Branding Brands Branding Business 52

The IPKat

FEBRUARY 21, 2022

Topics include access and substantial similarity, fair use, performers’ rights, moral rights, expert testimony, the role of lay listeners, sound sampling, as demonstrated in dispositions of litigated and settled infringement disputes. Registration is open here. pre-publication event: EULAs: Friends or Foes?,

Intellectual Property 67

Intellectual Property Moral Rights Registration Editing 67

The IPKat

OCTOBER 25, 2022

The topic of the 28 October session is " Researching transnational law in the local context: what questions to ask, what methods to use and how can we study transnational law? " The RSS is conducted online to allow for international speakers. More information on the panellists can be found here.

Intellectual Property 67

Intellectual Property Registration IP Technology 67

Kluwer Copyright Blog

FEBRUARY 28, 2024

The UKIPO’s first bold attempt to deal with the input issues was its decision to reform its current text and data mining exception by opening it up to all commercial uses while maintaining its mandatory nature, namely leaving rightholders no possibility to contract out. Copyright law has always been an emotional topic.

Copyright Law 60

Copyright Law Copyright Law Music 60

Technology & Marketing Law Blog

DECEMBER 11, 2021

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. The court summarizes the plaintiffs’ allegations: Plaintiffs give examples of how PeopleConnect has allegedly exploited their names, likenesses, and so forth for commercial purposes.

Advertising 90

Advertising Advertising Social Media Blogging 90

SpicyIP

MAY 3, 2023

Pursuing such litigation would be time-consuming, costly and not financially lucrative, as remedies granted in such cases are usually injunctive relief or nominal damages. 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.

Moral Rights 105

Moral Rights Intellectual Property Settlement Copyright 105

Technology & Marketing Law Blog

JULY 18, 2023

Genius’s “browsewrap,” however, prohibits copying for commercial use, and Genius sued Google for breach of contract. On June 26, just before the end of its term, the Supreme Court denied Genius’s cert petition, putting this litigation to rest. This leaves us with a rather deep split of authorities.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

Technology & Marketing Law Blog

NOVEMBER 29, 2021

Fourth, it assumes that, even if they are not common carriers and algorithms are speech, that speech is not commercial speech for which a substantial government interest justifies restricting it – it is, and it does. All of the submitters are repeat players from the Florida litigation. Amicus Briefs. Plaintiffs’ reply brief.

Social Media 112

Social Media Law Television Reporting 112

The IPKat

FEBRUARY 21, 2022

As many of our readers know one of the most recurrent tax-related topics that come into discussion in the IP field is the so-called Patent Box (sometimes also - more properly - defined as the Innovation Box since it is not all about patents ).

Designs 70

Designs Design Patent IP 70

The IPKat

SEPTEMBER 12, 2021

Merpel gives the "German injunction gap" factor some much needed side-eye After the end of what English and Welsh litigators call the Trinity term (aka end of the term before the Court breaks for the summer holidays), Mr Justice Mellor was working overtime to deliver two decisions. See [111].

Litigation 98

Litigation Patent Marketing Marketing 98

TorrentFreak

MAY 16, 2022

What makes these matters interesting is that Watch Tower does not commercialize its content, so the classic arguments about preventing lost sales are a non-starter. After reading one of our articles on the topic, attorney Paul Levy at the Public Citizen Litigation Group concluded that it was. And then things got dark.

Fair Use 120

Fair Use Copyright Litigation Music 120

Copyright Lately

OCTOBER 24, 2022

AI-generated art isn’t perfect, but it’s become a viable option for set decor on motion pictures and other commercial productions. ” I was barely out of law school when a senior partner muttered those words as he handed me a scathing demand letter sent to one of the firm’s commercial director clients.

Artwork 88

Artwork Copyright Infringement Copyright Art 88

Technology & Marketing Law Blog

MAY 2, 2022

Yet, the dispute is still very heavily litigated in the district court (while the Ninth Circuit was mulling over its ruling in light of Van Buren ). This makes me wonder whether the lawyers for hiQ are handling it on an hourly basis (something hiQ surely cannot afford at this point) or if a litigation funder or other benefactor is involved.

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

LexBlog IP

SEPTEMBER 9, 2022

The second portion of the notice emphasizes the consistency of disclosure to the USPTO among other governmental agencies and commercialization activities, including market testing, offers for sale, and reduction to practice. Director Vidal highlights four different topics as they relate to the duty of disclosure standard: 1.

Government 52

Government Intellectual Property Marketing Marketing 52

Technology & Marketing Law Blog

AUGUST 31, 2021

The court acknowledges the use was commercial but says the transformative nature of defendant’s use tips the first factor in favor of fair use. Plaintiff discovered the use of his photos in articles covering the following topics: “FemSkin”. Philpot is a serial litigant. The article “includes commentary and other pictures.

Fair Use 128

Fair Use Journalism Licensing Marketing 128

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 5, 2021

We have covered several introductory topics about 337 Investigations at the International Trade Commission (ITC) through the lens of its most common context [1] —as another forum for patent litigation. [2] 3] However, patent litigation is but one potential use of this forum. What are the Benefits of Litigating at the ITC?

Litigation 52

Litigation Cease and Desist Patent Infringement Intellectual Property 52

The IPKat

APRIL 25, 2024

Since we last wrote for the IPKat on the topic , additional posts have discussed the Science, Innovation and Technology Select Committee’s inquiry into the impact of AI on the creative industries and the UK House of Lords Inquiry into Large Language Models.

Contracts 76

Contracts Artistic Work Copyright Copyright Law 76

The IPKat

JUNE 25, 2021

The book also brings in various associated topics such as the inter partes review proceedings at the USPTO, the handling of conflicts of interest, patent enforcement from a university perspective, the benefits to society of the patent system, the university treatment of data plus much more. It explores how IP underpins technology transfer.

Intellectual Property 52

Intellectual Property Technology Higher Education IP 52

Velocity of Content

JULY 8, 2021

As I dug down further on the topic, I ended up tumbling down a bit of a rabbit hole concerning certain nooks & crannies of copyright that I hadn’t known much about; at that point, I thought it might be useful (to some) and interesting (to others) to share them here. If that sounds tedious and potentially expensive, that’s because it is.

Copyright 61

Copyright Blogging Intellectual Property Registration 61

SpicyIP

NOVEMBER 8, 2023

Kruttika’s poignant post in the same year, ran a persuasive case of publishing clinical trial data, discussing when public interest in trial data outweighs commercial interest. One may wonder how the said judicial transparency interplays with commercial cases. See two related posts here and here. Read Anupriya’s excellent post here.

Trademark 59

Trademark Publishing Journalism Copyright 59

The IPKat

MARCH 21, 2024

10x Genomics alleged that NanoString's commercial molecular imaging devices and detection probes directly and indirectly infringed the patent. How much the description should be used to interpret the claims is currently a hot-topic at the EPO ( IPKat ).

Invention 57

Invention Art Patent Licensing 57

TorrentFreak

SEPTEMBER 15, 2021

This type of scheme (often labeled ‘copyright trolling’ due to the generation of revenue through strategic litigation) exists in many countries around the world. In the UK, for example, many copyright holders have tested the waters in the past, sometimes with significant controversy. That now appears to be the case.

Settlement 98

Settlement Copyright IP Reporting 98

43(B)log

FEBRUARY 16, 2024

The obvious candidates are uses that, in the words of 43(a), “deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person.” They have both commercial and artistic elements.

Trademark 59

Trademark Fair Use Registration False Advertising 59

TorrentFreak

MAY 15, 2023

The use of lawsuits to solve complex commercial disputes suggests that no amount of talking will ever produce the desired results. What Do Whore Houses, Meth Labs, and YouTube Have in Common? .

Copyright 129

Copyright Intellectual Property Business Licensing 129

The IPKat

JULY 5, 2021

The IPKat also hosted its joint-panel with LSE with stakeholders on all sides and at all levels of the issues then before the CJEU aimed at cutting through the noise to get to the heart of the commercial origins of the dispute and what may be the commercial solutions. meaning no answers from the CJEU. 5 More guidance please!

Licensing 52

Licensing Settlement IP Social Media 52

LexBlog IP

MARCH 13, 2023

This topic is also explored, from a different perspective, here: My New Invention Has Many Uses – Do I Need Multiple Patents? His recognition relates to his work in securing multi-million dollar patents for his clients – patents that have been tested through USPTO examination, re-examination and litigation.

Patent Application 52

Patent Application Invention Patent Licensing 52