Technology & Marketing Law Blog

JUNE 2, 2022

This is a venerable question–I remember evaluating it as a possible law review note topic 30+ years ago. Even so, the court’s almost-banal treatment of this super-interesting topic suggests that there may not be much tattoo exceptionalism in copyright law. Background. Nature of Use.

Copyright 142

Copyright Social Media Fair Use Licensing 142

The IPKat

SEPTEMBER 4, 2023

The patent ( EP (UK) 1613296 ) claimed safinamide in combination with levodopa for the manufacture of a medicament for the treatment of Parkinson's disease. The basic patent ( EP1613296 B1 ) claimed safinamide in combination with levodopa for use in the manufacture of a medicament for the treatment of Parkinson's Disease (Swiss-style claim).

Art 117

Art Marketing Marketing Patent 117

Patently-O

NOVEMBER 16, 2023

Rob Merges on the topic. But a more complete legal framework was developed fairly quickly in the subsequent cases of Alice Corp and Mayo , and the lower courts decided several hundred eligibility cases that provided substantial guideposts that so often seek in our common law system.

Patent Prosecution 48

Patent Prosecution Patent Application Law Patent 48

Technology & Marketing Law Blog

NOVEMBER 29, 2021

My blog post analyzing the law. The law goes into effect on December 2 if it’s not enjoined, so a court decision should come in the next few days (this morning, the court is hearing oral arguments). It continues: First, it assumes the Platforms are not common carriers – they are. ” That’s a word salad to me.

Social Media 112

Social Media Law Television Reporting 112

The IP Law Blog

JUNE 10, 2021

Its previous right-of-publicity laws were an extension of its statutory right of privacy which provided that “any person whose name [or likeness] is used within [New York] for advertising [or trade] purposes without. Marilyn Monroe LLC subsequently ruled that the Monroe Estate did not have a valid right of publicity claim.

Privacy 85

Privacy Music Law Advertising 85

TorrentFreak

APRIL 24, 2023

Last October a huge coalition of rightsholders called on the EC to introduce new law that would compel intermediaries to take pirate streams offline within minutes of a complaint. The EC refused and offered existing law as the solution. For rightsholders claiming to have exhausted its limits, that clearly wasn’t ideal.

Reporting 108

Reporting Advertising Advertising Law 108

Velocity of Content

APRIL 30, 2024

Tech­nical principles were presented by Babis Marmanis, CCC’s EVP and CTO, while Noam Shemtov, professor at Queen Mary University of London’s School of Law, and Daniel Gervais, Vanderbilt Law School professor, focused on the relevant legal is­sues. Shumaker: What about Creative Commons licensing?

Licensing 52

Licensing Social Media Copyright Publishing 52

Velocity of Content

JULY 22, 2021

In this post, I want to get back to the registration topic itself, this time in greater detail. Under US copyright law, typical web sites are understood as a collection of pages, basically a stack of written materials, although these are likely supplemented by still images, as well as moving images and perhaps audio recordings. (I

Copyright 98

Copyright Social Media Registration Blogging 98

TorrentFreak

APRIL 23, 2023

Strangely, the value of ‘likes’ and ‘views’ is comprehensively understood when the topic of conversation isn’t centered on ripping music from YouTube. Those who read the second, take another 20 because that claim seems fairly important and we may have to come back to it. copyright law.

Music 126

Music Copyright Technology Copyright Law 126

TorrentFreak

JANUARY 14, 2022

The RIAA cited the anti-circumvention provisions of the DMCA, claiming that the tool could be used to download their artists’ musical works from YouTube, in breach of copyright. Equally, when users upload content to YouTube under a Creative Commons license, for example, they agree to others in the community making use of that content.

Cease and Desist 139

Cease and Desist Music Copying Licensing 139

Kluwer Copyright Blog

MARCH 19, 2024

Cairo Economic Court’s Ruling For the uninitiated, the Egyptian Copyright framework is set under book three of law n o 82 of 2002 for the Protection of Intellectual Property Rights (Egyptian Copyright Law – ECL) where enforcement is protected through two distinct means, being civil and criminal proceedings.

Art 56

Art Plagiarism Artwork Graphic Design 56

Velocity of Content

AUGUST 19, 2021

The basic idea of the alternative-to-court process that CASE provides is very similar to that of an Alternative Dispute Resolution (ADR) procedure, although it is more often compared to a “small claims court” specifically dedicated to resolving copyright matters. CCB Officers will be independent experts in copyright law.

Copyright 105

Copyright Social Media Blogging Registration 105

Kluwer Copyright Blog

MARCH 19, 2024

Cairo Economic Court’s Ruling For the uninitiated, the Egyptian Copyright framework is set under book three of law n o 82 of 2002 for the Protection of Intellectual Property Rights (Egyptian Copyright Law – ECL) where enforcement is protected through two distinct means, being civil and criminal proceedings.

Art 52

Art Plagiarism Artwork Graphic Design 52

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 9, 2021

Common Law Rights. Even if you have not registered your trademark, you may be able to assert common law trademark rights in an opposition proceeding. Common law trademark rights are based in state law and are obtained by using a trademark with goods or services and obtaining public recognition.

Litigation 59

Litigation Trademark Registering Trademarks Registration 59

43(B)log

SEPTEMBER 23, 2021

May 18, 2021) This would make a great student note topic: Is disparate impact “unfair” under state consumer protection laws? Ironically, her claim assumes all men and all women must purchase products marketed to their gender.” Conopco, Inc., 20-2696 (8 h Cir. Seems wrong to me.

Advertising 59

Advertising Advertising Marketing Marketing 59

IPilogue

DECEMBER 7, 2021

Lamont Abramczyk is a 3L JD Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. As part of the course requirements, students were asked to write a blog on a topic of their choice.

Copyright Infringement 111

Copyright Infringement Art Copyright Cease and Desist 111

TorrentFreak

MAY 15, 2023

For musician Maria Schneider, whose class action lawsuit against YouTube will head to a jury trial next month, the status quo and its alleged facilitator have been a constant topic of discussion for well over a decade. What Do Whore Houses, Meth Labs, and YouTube Have in Common? An alternative process does, however.

Copyright 130

Copyright Intellectual Property Business Licensing 130

Michael Geist

MAY 16, 2022

With the Online Streaming Act having passed second reading in the House of Commons and headed for further study at the Standing Committee on Canadian Heritage, the government moved swiftly to second reading debate on Bill C-18 , the Online News Act. That is it: no more, no less.

Government 96

Government Copyright Law Marketing Marketing 96

Kashishipr

JANUARY 12, 2022

Therefore, the prime role of such hashtags needs to be assessed in line with the Trademark Law to deduce whether they qualify for trademark protection. Despite the clarity offered by the law in the US, there is a certain degree of ambiguity as there are many hashtags that have received Trademark Protection while some still haven’t.

Trademark 105

Trademark Registration Registering Trademarks Social Media 105

IP and Legal Filings

FEBRUARY 2, 2024

To provide security and prevent this, Indian law has established protection for marks and symbols with religious connotations; hence, if a mark includes anything that might offend a certain class of people or segment of the public due to their religious sensibilities, protection may be denied to such a mark [4].

Trademark Law 87

Trademark Law Trademark Law Service Mark 87

The IPKat

OCTOBER 25, 2021

The Board of Appeal decision makes for an interesting read, as it explores the legal basis (or lack of) for plausibility in the case law and the EPC itself. The Opponent submitted their own data, showing that compounds falling under the scope of the claim did not have synergistic effect against P. litura and P. xylostella ).

Invention 86

Invention Publishing Patent Application Art 86

IPilogue

JANUARY 14, 2022

Pina D’Agostino is the Founder and Director of IP Osgoode, the IP Intensive Program, and the IP Innovation Clinic, the Founder and Editor-in-Chief of the IPilogue, the Deputy Editor of the Intellectual Property Journal, and an Associate Professor at Osgoode Hall Law School. 2021 was an exciting year for the IPilogue. David Vaver.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

The IPKat

OCTOBER 2, 2023

The problem solution approach to inventive step employed by the EPO relies on identification of the "closest prior art" with respect to the claimed invention. The Examining Division (ED) objected that the application as filed was silent about the technical effect of the feature distinguishing the claimed semiconductor from the prior art.

Invention 70

Invention Art Publishing Patent 70

Kluwer Copyright Blog

DECEMBER 11, 2023

A narrative report on data sources seems like a perfectly reasonable requirement, and builds on what is already common practice for open source AI models. A newly introduced article on “Obligations for providers of general-purpose AI models” includes two distinct requirements related to copyright.

Copyright 145

Copyright Copyright Law Publishing Public Domain 145

The IPKat

JANUARY 25, 2022

3D trade marks are always a topic of interest, with some proprietors despairing as to whether trade mark law will provide them with any practical protection. Picture on lower middle is by Francis Helminski and is licensed under the Creative Commons Attribution-Share Alike 4.0 Class 39: Rental of recreational vehicles.

Public Domain 133

Public Domain Registration Licensing Publishing 133

The IPKat

SEPTEMBER 21, 2021

The potential for a referral on this topic may have come as a surprise to some, given the established case law of the Board of Appeal on plausibility and post-filed evidence (Case Law of the Boards of Appeal, I-D-4.6 ). Case background: Insecticides and synergy Not one of her favourite patent cases.

Publishing 82

Publishing Invention Art Law 82

LexBlog IP

AUGUST 15, 2023

To minimize the potential avalanche of such requests, the Office explains the limited instances where the Director may review institution and final written decisions: (i) an abuse of discretion or (ii) important issues of law or policy. Success in seeking Director review is not common.

Patent Application 52

Patent Application Patent Designs Design 52

LexBlog IP

JANUARY 31, 2023

Copyright law requires the authoring of a creative work that is fixed in a tangible medium. This is because copyright law requires a human author in order to be eligible for protection. OpenAI can claim trade secret protection as a result. But how does this factor into the world of intellectual property? ” (Emphasis ours).

IP 52

IP Copyright Law Copyright Intellectual Property 52

IPilogue

AUGUST 5, 2021

Bonnie Hassanzadeh is an IPilogue Senior Editor, IP Innovation Clinic Fellow, and a 3L JD Candidate at Osgoode Hall Law School. . . Therefore, for psilocybin derivatives to be patentable, the newly developed compounds must not be obvious to an ordinary chemist given all the information available about the topic.

Patent 59

Patent Invention Journalism Ownership 59

Technology & Marketing Law Blog

MAY 2, 2022

On remand, the Ninth Circuit again says that hiQ is entitled to injunctive relief, because LinkedIn’s claims under the CFAA don’t neutralize hiQ’s colorable tortious interference claims against LinkedIn. Viability of hiQ’s Tortious Interference Claim : The court again finds hiQ’s tortious interference claims viable.

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

Kluwer Copyright Blog

OCTOBER 5, 2022

It seems inevitable that UK copyright law will change at some stage. It increasingly appears that judges are waiting for a case which requires the inconsistencies between EU and UK copyright law to be addressed. 4 of the Copyright, Designs and Patents Act 1994 (“CDPA”), when considered under either UK or EU copyright law.

Artistic Work 93

Artistic Work Copyright Copyright Law Designs 93

Copyright Lately

AUGUST 22, 2021

Recent decisions suggest courts are losing patience with those who bring dubious copyright infringement claims as part of their business models. The complaint raised concerns that Dolezal was using copyright law to purge the historical record of her controversial past, while seeking substantial monetary damages in the process.

Copyright 87

Copyright Fair Use Settlement Designs 87

Patently-O

SEPTEMBER 26, 2022

Topics: Enablement / Written Description (All three are biotech / pharma): 3 Cases; Infringement (FDA Labeling): 1 Case; Anticipation (On Sale Bar): 1 Case; Double Patenting (Still the law?): According to the Federal Circuit, US patent law contains separate and distinct written description and enablement requirements.

Patent Law 125

Patent Law Law Patent Invention 125

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

Cannabis [i] is a rapidly growing industry; in 2019, overall sales of cannabis products legal under state law were estimated to be worth $13.6 ii] While marijuana remains a Schedule I controlled substance under federal law, a majority of states have legalized consumption of certain cannabis products under certain conditions. [iii]

IP 52

IP Registration Trademark Branding 52

SpicyIP

MAY 3, 2023

See here for how Van Gogh’s legacy was built and preserved by the efforts of his sister-in-law Johanna Van Gogh-Bonger. Starry Night by Vincent Van Gogh. Image from here. This guest post has been authored by Karishma Karthik. Karishma is an associate at Shardul Amarchand Mangaldas, Mumbai.

Moral Rights 105

Moral Rights Intellectual Property Settlement Copyright 105

The IPKat

AUGUST 4, 2021

8) of the Trade Mark Law of China (TML, 2013 Amendment),* an absolute ground for refusal and invalidity that applies when a sign is ‘detrimental to socialist morality or mores or having any other adverse effect’. The common meaning of ‘?’ Therefore, the Court found the claimed association unsubstantiated. is ‘eating’.

Intellectual Property 62

Intellectual Property IP Law Registration 62

LexBlog IP

FEBRUARY 28, 2023

I had the privilege of co-authoring this paper with my fellow IPO committee colleagues, who each provided perspectives on software and medical device IP law from around the globe. 52(2) EPC provides a non-exhaustive list of “non-inventions,” but they are excluded from patentability only when claimed “as such.”

Invention 52

Invention Intellectual Property Art Patent 52