LexBlog IP

FEBRUARY 1, 2024

AJ Press operates Punchbowl News, a subscription-based online news publication that covers topics in American government and politics. Empire Distribution, Inc. It has been using the PUNCHBOWL mark since 2006 and has federal trademark registrations covering the mark. One such case is 20th Century Fox Television v.

Television 52

Television Trademark Registration Government 52

The IPKat

JUNE 13, 2022

In a landmark ruling , the High Court recognised NFTs as legal property. Osbourne sought a freezing injunction " restraining the dissipation of non-fungible assets alleged to have been stolen by persons unknown from a crypto asset account maintained by the claimant." This, alongside jurisdiction issues, creates challenges for enforcement.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

The IPKat

NOVEMBER 9, 2021

Topics ranged from the trends being seen in online fashion commerce post-pandemic, to counterfeiting issues and how to deal with them, through to the legal changes and updates coming up that will impact both marketplaces and the brands that use them. The panel also discussed the incoming Digital Markets Act (DMA) and its expected impact.

Reporting 128

Reporting Law Due Diligence Branding 128

Velocity of Content

AUGUST 4, 2021

In my first post , after touching on the need (or perhaps just the prudence) of copyright registration for bloggers (and other creators whose distribution is primarily through social media sites), I went on to discuss the DMCA and how it is a useful first-line-of-defense bit of IP protection for content first appearing on such sites.

Copyright 98

Copyright Registration Music Blogging 98

LexBlog IP

APRIL 13, 2023

A federal court in California ruled in favor of sanctions against Google last week for failing to preserve records. The court found this policy to be in violation of Google’s duty to preserve electronically-stored information under the Federal Rule of Civil Procedure 37(e). ” In that case, they were retained for 30 days.

Litigation 52

Litigation Privacy Technology Intellectual Property 52

LexBlog IP

NOVEMBER 17, 2023

Plaintiffs describe their lawsuit as presenting “straightforward and long-standing” legal issues: “A defendant cannot reproduce, distribute, and display someone else’s copyrighted works to build its own business unless it secures permission from the rightsholder.” ” Id. at ¶ 10. ” Id. ” Id.

Music 52

Music Copyright Infringement Publishing Copyright 52

TorrentFreak

JANUARY 24, 2024

Early last year, a group of filmmakers obtained a subpoena, requesting Reddit to reveal the identities of users who commented on piracy-related topics. The movie companies said they were not planning to go after these people in court but wanted to use their comments as evidence in an ongoing piracy lawsuit against Internet provider RCN.

IP 97

IP Copying Copyright 97

Technology & Marketing Law Blog

JULY 18, 2023

Relying on an approach previously articulated by the Sixth Circuit, it held that because “the promise in a contract amounts only to a promise to refrain from reproducing, performing, distributing or displaying the work, then the contract claim is preempted.” The brief notes that the Second Circuit approach is overbroad.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

TorrentFreak

FEBRUARY 24, 2023

By offering free localization and distribution services in what was once a chronically underserved overseas market, hobbyist translators and pirate sites made manga more accessible in every way. After thriving in what was once a localized traditional market, Japanese comics known as ‘manga’ took the world by storm. One of Yahoo!

Publishing 118

Publishing Advertising Advertising Music 118

The IPKat

FEBRUARY 23, 2023

The punitive damages request was not upheld by the court of first instance, which ruled that “although the intention to infringe was confirmed, the circumstances were not serious enough to reach punitive damages.” In this Kat’s perception, this ruling is noteworthy for at least four reasons. 1)-(6) of the PD Interpretation.

Settlement 70

Settlement Patent Infringement Patent Intellectual Property 70

IP and Legal Filings

MARCH 23, 2023

This rule by SEBI, along with an increase in shareholder activism and indulgence, resulted in the emergence of the proxy advice industry in India. Furthermore, the SEBI Regulations stipulate that reports of a subject firm in which the research analyst has served as a management or co-manager are not to be published or distributed.” [4]

Government 89

Government Marketing Marketing Business 89

TorrentFreak

OCTOBER 3, 2023

People Love Offers Too Good to Be True To demonstrate how easily people will hand over their personal details, BeStreamWise hired Jenny Radcliffe, aka ‘The People Hacker’ Radcliffe lectures on topics including social engineering, frauds and con artistry.

Social Media 97

Social Media Free Content Intellectual Property Privacy 97

Kluwer Copyright Blog

DECEMBER 5, 2022

This authorization may be grounded on property, contracts, cultural heritage rules or on copyright. For instance, moral rights may be at stake, as well as alternative forms of protection that may limit the availability of works, such as cultural heritage-related rules or contractual provisions. Copyright rules do not impede access.

Copyright 103

Copyright Public Domain Art Moral Rights 103

Technology & Marketing Law Blog

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. This ruling covers two key topics related to 512. He also denies that Comedy Dynamics had the right to distribute the Documentary.

Fair Use 102

Fair Use Cease and Desist Contracts Ownership 102

Velocity of Content

SEPTEMBER 21, 2021

The following graphic is a simplified version of the research-authoring-review-publishing cycle: On this idealized representation, Peer Review appears in the middle right of the cycle, the step at which formal peer reviewers —who, as a rule, are independent, i.e. not employees of the publisher —are sent the submitted paper.

Publishing 94

Publishing Journalism Editing Designs 94

Technology & Marketing Law Blog

DECEMBER 11, 2021

The plaintiffs lost the Section 230 ruling in the Ancestry case, but the court says collateral estoppel doesn’t apply because the plaintiffs are appealing that ruling (?) and the Knapke and Sessa rulings reached different results. FWIW, I raised this issue as a possible paper topic in 2008. Section 230. Whitepages.

Advertising 90

Advertising Advertising Social Media Blogging 90

SpicyIP

JUNE 19, 2022

You’re supposed to know the rules and you’re technically bound by them even if you have no idea what they are! When we accept them, or as the case may be – when we accept claims that use the term rights in their name – we simultaneously, knowingly or not, validate a form of distribution of freedom, authority and resources.

IP 119

IP Fair Use Invention Copyright 119

Kluwer Copyright Blog

JUNE 30, 2021

. § 106(1)) and indirectly (by inducement of copyright infringement, contributory copyright infringement, and vicarious copyright infringement) infringed their copyright by distributing and streaming the film. To strengthen further its finding, the Second Circuit also cited its own 2015 ruling in Authors Guild v. Dr. Seuss Enters.,

Fair Use 103

Fair Use Copyright Law Copyright Law 103

Technology & Marketing Law Blog

MAY 13, 2024

But by providing a foil in litigation against both the Center for Countering Digital Hate (“CCDH”) and Bright Data (the world’s largest seller of scraped data), he’s given judges in the most important district court in the country for tech legal issues, the Northern District of California, plenty of motivation to rule against him.

Blogging 69

Blogging Contracts Cease and Desist Social Media 69

SpicyIP

JULY 5, 2021

Topical Highlight. The Indian Patent Office ruled in favour of Venus Remedies Limited in a 10-year legal battle which challenged a patent claimed by French pharmaceutical business SCR Pharmatop for producing intravenous paracetamol solution in India. Delhi High Court Clarifies Law on Arbitrability of Trademark Disputes. July 2, 2021].

Intellectual Property 105

Intellectual Property Trademark Licensing Copyright 105

LexBlog IP

MARCH 6, 2023

State laws and rules that define LLCs are typically broad to allow for variation. It covers topics such as profit and loss allocation, voting rights, management structure, and member exit strategies. Everyone involved, including investors, lenders, advisors, and employees, knows exactly how a Corporation works.

Business 52

Business Government Contracts Intellectual Property 52

Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property attorney, I am often battered with questions about the topic. For example, when uploading artwork to Artrepreneur, the artist also gives the company a limited right to copy, display, and distribute digital copies of the artwork as needed to provide the services of the website.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

LexBlog IP

AUGUST 28, 2023

In view of this ruling, patent practitioners should endeavor to explain sufficiently in the written description the specific aspects of how machine learning features (and other computer-implemented invention features) operate in order to demonstrate sufficient enablement. This topic was recently previewed in Realtime Data v.

Invention 52

Invention Patent Application Art Patent 52

Velocity of Content

SEPTEMBER 9, 2021

At a certain level of abstraction, YouTube’s copyright rules – both those for users and those for creators – might be viewed as a software overlay on the “ code ” laid down in the DMCA. This is still fairly new, such that it may take a few months before the data indicates whether it mitigates the issue (more about that here ).

Copyright 113

Copyright Social Media Licensing Publishing 113

Biswajit Sarkar Copyright Blog

JULY 13, 2022

Trends now in style and contentious topics in the industry. The distribution and wise application of intellectual property rights are essential for building a long-lasting and reliable brand. A brand can distribute and monetize its IP rights in a variety of ways to achieve the most output and growth.

Intellectual Property 52

Intellectual Property Branding Brands Branding 52

43(B)log

MARCH 25, 2024

In enacting the TCA, Congress found that “efforts to restrict advertising and marketing of tobacco products,” including existing mandatory warnings, had “failed adequately to curb tobacco use by adolescents, [so] comprehensive restrictions on the sale, promotion, and distribution of such products [were] needed.”

Advertising 64

Advertising Advertising Social Media Government 64

43(B)log

JUNE 29, 2023

Investment in R&D is not in distributive, generative things that are open to the public but in seeking private domination. Might be broken down by topic. VLOPs provisions are different—competences aren’t clear where Commission has so much power not just over process but over content, setting rules and enforcing them both.

Law 52

Law Privacy Litigation Social Media 52

IPilogue

JANUARY 14, 2022

In a unanimous decision, the Supreme Court ruled that the interim tariff approved by the Copyright Board is not mandatory. The Federal Court ruled that “an author who publishes what is said to be a nonfiction historical account cannot later claim the account is actually fictional to avoid the principle that there is no copyright in facts.”

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property (IP) attorney, I am often battered with questions about the topic. For example, when uploading artwork to Artrepreneur, the artist also gives the company a limited right to copy, display, and distribute digital copies of the artwork as needed to provide the services of the website.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Although privacy invasion has been the main topic of discussion in this virtual context, there is another issue at hand: copyright infringement. Rights of the webinar organisers to record and distribute the webinars. During the epidemic, they have turned to online learning as an alternative.

Fair Use 52

Fair Use Ownership Copyright Licensing 52

IP Tech Blog

JANUARY 4, 2023

For more details on the topic of design and the metaverse in China see our previous blog post. In particular, this case will determine whether the distribution and sale of NFTs violate copyright rules for derivative works, which must have the original copyright owner’s permission or else they constitute infringement.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

Plagiarism Today

NOVEMBER 22, 2022

Note: This article is focusing on United States law, if you are based in a different country or your server is located in a different country, please check your local rules. Also, certain topics are riskier than others. In the end, there’s a lot of appeal to a more distributed internet. Your Obligations Under the Law.

Copyright 275

Copyright Social Media Designs Design 275

43(B)log

FEBRUARY 24, 2021

Do your rules have a force majeure type limit that allows covid-related flexibility? distribution of prizes if any. Greenbaum: Environmental marketing: Little FTC enforcement but some states have enacted more stringent requirements or made Green Guides into enforceable rules. Can be difficult depending on how contest structured.

Advertising 40

Advertising Advertising Law Privacy 40

Technology & Marketing Law Blog

JANUARY 9, 2024

Hacking the Precedent The key to the judge’s unexpected ruling is how the court manipulates the precedent it purports to consider. The court acknowledges it must follow Section 230 rulings from the US Supreme Court (a null set following the Supreme Court’s dodge in Gonzalez v. Google ) and California Supreme Court.

Publishing 75

Publishing Designs Design Law 75

LexBlog IP

JANUARY 4, 2023

For more details on the topic of design and the metaverse in China see our previous blog post. In particular, this case will determine whether the distribution and sale of NFTs violate copyright rules for derivative works, which must have the original copyright owner’s permission or else they constitute infringement.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Copyright Lately

JANUARY 23, 2023

If you’re interested in doing a deeper dive into how all of this works, I recommend following Andres Guadamuz’s blog on the topic.) But assuming these figures, if the court rules in their favor, the three named plaintiffs would collectively would receive less than $250 (they claim copyright in 242 images used as training images).

Derivative Work 108

Derivative Work Art Copying Fair Use 108

Technology & Marketing Law Blog

FEBRUARY 27, 2024

But the comparison helps clarify that the Act regulates speech in multiple ways: (1) it regulates operators’ ability to publish and distribute speech to minors and speech by minors; and (2) it regulates minors’ ability to both produce speech and receive speech. This is a topic where anything could happen.]

Social Media 80

Social Media Law Contracts Publishing 80