The IPKat

APRIL 10, 2024

In Nigeria, the recent judgment delivered by the Federal High Court in the case of Incorporated Trustees of Laws and Rights Awareness Initiative v Nigerian Communications Commission (NCC ) sheds light on this complex relationship between data privacy and the interests of the state. Court's reasoning: Balancing act or missed opportunity?

Privacy 57

Privacy Law Government Confidentiality 57

TorrentFreak

DECEMBER 1, 2022

In addition, the platform was taken to court by the Czech anti-piracy outfit Dilia, which demanded the implementation of an upload filter. Ulož lost this upload filter battle at the Supreme Court this year, but that certainly didn’t end the controversy. Legal and Constitutional Questions. Uloz Competitors Start Filtering.

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Television Copyright Reporting Music 127

The IPKat

APRIL 23, 2023

Team Netherlands get together to discuss key UPC issues It is a rainy morning in New York as the AmeriKat contemplates how limited sun the sunrise period of the Unified Patent Court (UPC) has seen both here and in Europe. Blok (member of the Court of Appeal) and drs. A number of questions were raised by the audience.

Reporting 76

Reporting Journalism Litigation Patent 76

IP and Legal Filings

FEBRUARY 2, 2024

The Indian Constitution supplements this tradition by granting citizens the freedom to freely profess, practice, and propagate their religion, subject to reasonable limits under Articles 25–28 [3]. However the court has provided a creative analogy in regards to it. Everyone in the country takes pride in their religious beliefs.

Trademark Law 91

Trademark Law Trademark Law Service Mark 91

Olartemoure Blog

AUGUST 30, 2022

The third one, before the judge or court of appeals in a hearing convened for that purpose. The indiscriminate application of these two, even within the same court, led to the filing of multiple constitutional actions. The Constitutional Court also became involved in the discussion.

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Intellectual Property Law Designs Design 105

The IPKat

JULY 11, 2023

Image via Pexels Trade marks Marcel Pemsel discussed the decision of the German Patent Court in relation to a trade mark parody (30 W (pat) 15/19). The case concerned the application made by a private individual for the Germa trade mark British Hairways and the fact that British Airways filed an opposition on the basis of its EU trade mark.

Art 57

Art Copyright Infringement Copyright Reporting 57

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. . The court rejects that argument. Nature of Use.

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Copyright Social Media Fair Use Licensing 142

SpicyIP

JANUARY 17, 2022

Rather, I will attempt to frame it as a constitutional right with a strong footing in international human rights law. a right under the constitution 2.) I specifically support the first (constitutional right) and the third (privilege under copyright) premises. I argue that R2R can have four possible premises – 1.)

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Copyright Law Copyright Law Art 119

LexBlog IP

MARCH 19, 2024

In our previous newsletter here , we reported a decision from the Beijing Internet Court ruling that the copyright of a portrait generated by an artificial intelligence (“AI”) program is owned by the user who “controlled meticulously” the parameters for creating the image.

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Copyright Copyright Infringement Intellectual Property Copying 52

The IPKat

JULY 23, 2023

Trademarks Anna Maria Stein analyzed the decision of the Board of Appeal (BoA) of the EUIPO stating that the emoji communicating “I love you” cannot constitute a trade mark. Other & Events Henry P Yang reported that the valedictory ceremony for Lord Kitchin of the UK Supreme Court will be held on Tuesday 25 July 2023.

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Copying IP Business Registration 52

The IPKat

AUGUST 29, 2022

z discuss a recent decision rendered in Turkey, representing the first foray by a Turkish court into these murky legal waters. Non-Fungible Tokens (NFTs), ranging from art and literature to fashion and cinema, remain among the hottest legal topics in the world of intangible rights, despite the lack of clear legal regulation.

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Non-Fungible Tokens Intellectual Property Cinema Social Media 143

Patently-O

AUGUST 18, 2021

Our paper criticizes the Supreme Court’s sovereign immunity decision in Allen v. Cooper (2020), looking primarily at constitutional history issues. [ Symposium Home ] [ Schedule ]. I have an essay coming out in the next issue on the topic of inventorship attribution and reattribution.

Journalism 82

Journalism Confidentiality Business Law 82

IP and Legal Filings

APRIL 10, 2024

Through these platforms, individuals can access content that was previously inaccessible and engage in discussions on topics that were once considered sensitive or controversial. That imputations made by agencies, associations, or organizations of individuals as entities can also constitute defamation.

Social Media 82

Social Media Journalism Television Law 82

The IPKat

MARCH 7, 2024

-centred perspective, it — unsurprisingly —managed to grasp the essence of the topic globally. Unfortunately, some of these disputes ended in out-of-court settlements, leaving the circular economy market without clear judicial guidance. The analysis concludes with a review of recent US cases.

Intellectual Property 57

Intellectual Property False Advertising Editing Settlement 57

Patently-O

NOVEMBER 29, 2023

Article III standing remains a hot topic at all levels of federal litigation and across many different areas of law. With surgery as the only viable course of treatment, Cloudbreak Therapeutics created a topical application of multikinase inhibitors to provide a non-surgical treatment to prevent recurring tumors, which is recognized in U.S.

Art 48

Art Business Patent Settlement 48

Technology & Marketing Law Blog

OCTOBER 5, 2021

The court’s ruling raises interesting, but troubling, questions about any government actor’s ability to enable reader comments on social media. Tanner commented “this guy sucks,” but the post “contained no profanity, and it was on topic with the substance of the post.” The Manually Deleted Comment.

Social Media 107

Social Media Government Designs Design 107

Trading Secrets

DECEMBER 19, 2022

The topics for the conference included: A legislative update. What constitutes a trade secret versus confidential information or general skills and knowledge. Strong preference for court over arbitration. The American Intellectual Property Law Association recently completed its Trade Secrets Summit in Miami, Florida.

Intellectual Property Law 59

Intellectual Property Law Confidentiality Litigation Intellectual Property 59

Patently-O

MARCH 31, 2024

In a recent decision, the Federal Circuit vacated a judgment of invalidity and remanded for a new trial, holding that the district court’s jury instruction on objective indicia of nonobviousness constituted prejudicial legal error. Courts typically consider various factors in the obviousness analysis, known a the Graham Factors.

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Invention Copying Licensing Art 57

LexBlog IP

APRIL 23, 2023

Earlier this month, the High Court of Australia ultimately rejected trade mark infringement and misleading/deceptive conduct claims by Allergan (owner of the injectable BOTOX®) against Self Care’s anti-wrinkle skincare products PROTOX and INHIBOX (marketed under the slogan ‘instant Botox® alternative ’).

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Branding Brands Branding Registration 40

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? The court here implicitly says no, without ever confronting the question directly. The court of appeals affirmed the dismissal of the complaint. Conopco, Inc., 20-2696 (8 h Cir. Seems wrong to me.

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Advertising Advertising Marketing Marketing 59

LexBlog IP

AUGUST 3, 2023

In the intellectual property sphere, one of the hottest topics surrounding the use of these AI tools is whether the works of art or inventions (including works of industrial design) created using these tools can still be considered the creation of the individual author or designer.

IP 52

IP Intellectual Property Artwork Designs 52

TorrentFreak

OCTOBER 21, 2022

While this often runs contrary to most streaming companies’ terms of service, it’s common practice among so-called ‘VPN pirates’ This type of unauthorized access is at the center of a case currently before the EU Court of Justice. Dr. Eleonora Rosati’s IPKitten article on the topic.

Copyright Infringement 110

Copyright Infringement Copyright Licensing Privacy 110

The IPKat

DECEMBER 26, 2022

Such is the case with a recent decision issued by the Court of Appeal of Aix-En-Provence, concerning unauthorised sculptures of Tintin and the Moon rocket. In a judgment dated 17 June 2021, the court granted the plaintiffs' claim. Analysis In order to reach a decision, the Court of Appeal divided its analysis into two parts.

Law 95

Law Copyright Infringement Moral Rights Copyright 95

Technology & Marketing Law Blog

AUGUST 21, 2023

But courts don’t always use facts like that for petard-hoisting, instead grounding their rulings in legal doctrines and admissible evidence. In both cases, the high-concept and splashy constitutional issues fizzled out long ago. Yet, the court bails YouTube out. The court shreds this chart.

Contracts 84

Contracts Social Media Blogging Law 84

Technology & Marketing Law Blog

AUGUST 14, 2022

The court clarifies that, in this context, the chyron’s use of “follower” refers to an adherent of the organization’s beliefs, not just the mechanical act of following an account on Twitter. However, the court says retweets ? This retweet will surely be a key topic in CNN’s deposition of Jack.

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Law Social Media Reporting Government 112

Kluwer Copyright Blog

SEPTEMBER 4, 2023

In the first instance, the Court of Genoa with a judgment of 6 June 2018 attributed the authorship of the work to the claimant and confirmed violation of the copyright by RAI, which has made commercial use of the work in the context of the well-know Sanremo Festival. In addition, the Court held that the work was to be considered creative.

Art 75

Art Editing Copyright Ownership 75

Patently-O

SEPTEMBER 26, 2022

It is time to pick-up our consideration of Supreme Court patent cases for the 2022-2023 term. A quick recap: Despite dozens of interesting and important cases, the Supreme Court denied all petitions for writ of certiorari for the 2021-2022 term. Wade was good law before being overturned by the Court last term. by Dennis Crouch.

Patent Law 125

Patent Law Law Patent Invention 125

Patently-O

FEBRUARY 27, 2024

The updated guidance underscores that the factual inquiries set forth by the Supreme Court in Graham v. ” Before Graham and the 1952 Act, the courts had ground their obviousness analysis in the statutory requirement of “invention” and the Constitutional purpose to “promote the Progress.”

Art 120

Art Invention Patent Application Patent 120

The IPKat

FEBRUARY 27, 2022

Patents After a long period of changes and constitutional challenges, the Unitary Patent Court (UPC) seems to be finally taking off. The Kluwer Patent Blog informed that the Administrative Committee of the Unified Patent Court has been inaugurated this week, replacing the preparatory committee.

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Blogging Design Patent IP Designs 76

The IPKat

JUNE 13, 2022

NFTs are legal property… A recent case in the High Court recognised NFTs as property under the law of England and Wales. In a landmark ruling , the High Court recognised NFTs as legal property. This, alongside jurisdiction issues, creates challenges for enforcement.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

Intellectual Property Law Blog

MAY 2, 2023

This Guidance covers some important topics. Key points include the following: Copyright can protect only material that is the product of human creativity – the term “author,” which is used in both the Constitution and the Copyright Act, excludes non-humans. Joint Statement at 2.

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Government Business Licensing Copyright 237

LexBlog IP

NOVEMBER 17, 2023

and Universal Music Group (“Plaintiffs”) sued AI start-up Anthropic PBC (“Anthropic”) on October 18, 2023, in the United States District Court for the Middle District of Tennessee “to address the systematic and widespread infringement of their copyrighted song lyrics” by Anthropic. ABCKO Music, Inc.,

Music 52

Music Copyright Infringement Publishing Copyright 52

LexBlog IP

DECEMBER 19, 2022

The topics for the conference included: A legislative update. What constitutes a trade secret versus confidential information or general skills and knowledge. Strong preference for court over arbitration. The American Intellectual Property Law Association recently completed its Trade Secrets Summit in Miami, Florida.

Confidentiality 40

Confidentiality Intellectual Property Law Intellectual Property Litigation 40

TorrentFreak

FEBRUARY 24, 2023

In August 2022, Japanese manga publisher Shueisha filed an ex parte application at a California district court seeking information for use in a foreign proceeding – a lawsuit in Vietnam or Japan targeting pirate site operators. com, Shueisha sought permission from a court to obtain information from U.S. One of Yahoo!

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Publishing Advertising Advertising Music 120

Kluwer Copyright Blog

JULY 5, 2022

The first topic up for discussion by the panel was the actual definition of the metaverse. The next topic in the discussion was user protection in the metaverse. Courts understand the environment. Dr Guadamuz likened EULAs to a constitution of the metaverse space. Panel discussion. Questions from the audience. Conclusion.

Ownership 56

Ownership IP Non-Fungible Tokens Intellectual Property 56

Selvam & Selvam Blog

APRIL 5, 2022

It refers to marketing in respect of trending topics/events usually undertaken by brands to gain traction and benefit from the popularity that the trending events have garnered. Therefore, brands constantly look to create campaigns or post about any current topic to encash on such opportunities to stay relevant and visible.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

The IPKat

FEBRUARY 27, 2023

The General Court has recently confirmed with decision T-253/22 the refusal of the application for trade mark registration of the verbal sign “ Sustainability through Quality ”. This topic has been discussed in a recent conference on “Intellectual Property & Sustainability” as reported by The IPKat.

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