Kluwer Copyright Blog

DECEMBER 5, 2022

It can be used to provide additional information about goods that may embed works of art protected by copyright. In such cases, a request for authorization to exploit cultural goods or collections, or at least part of them, is needed. AR content is often developed around cultural goods that embed works of art.

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Copyright Public Domain Art Moral Rights 103

Dear Rich IP Blog

AUGUST 3, 2022

The topic of our publication is the museum. You can strengthen your fair use claim by reducing the size of the image ( thumbnail is best ) and you can demonstrate your good faith (which may help lower potential damages) by documenting attempts to find the copyright owner. The authors found the image on the web. on the web.

Publishing 97

Publishing Fair Use Artwork Copyright 97

Velocity of Content

AUGUST 19, 2021

In my first post in this series, after discussing the basics of good copyright practice for bloggers (and other creators whose distribution is primarily through social media sites), I went on to look at the DMCA and how it may be seen as a useful first-line-of-defense bit of IP protection for content first appearing on such sites.

Copyright 105

Copyright Social Media Blogging Registration 105

LexBlog IP

NOVEMBER 30, 2021

During discovery, the hospitals argued that certain of UNOS’s emails exposed “bad faith and improper behavior” in its policymaking process and should be unsealed and considered as proof that the policy change was arbitrary, capricious, and the result of a denial of due process.

Confidentiality 52

Confidentiality Litigation Privacy Intellectual Property 52

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. Illegal streaming can let criminals into your devices and network.

Social Media 98

Social Media Free Content Intellectual Property Privacy 98

Erik K Pelton

DECEMBER 28, 2020

Hundreds of trademark applications filed this year referenced masks , COVID, quarantine, social distancing, and other pandemic topics. It is very like that a large percentage of them will be denied as failing to function to indicate the source of goods or services, or as being informational or ornamental.

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Technology & Marketing Law Blog

APRIL 1, 2023

This ruling covers two key topics related to 512. A reasonable inference may be drawn from these allegations that Service issued the Vimeo Takedown Notice in the good faith belief that he had an ownership interest that was being infringed. And without a DMCA notice, § 512(f) does not apply.” ” Cite to ISE v.

Fair Use 102

Fair Use Cease and Desist Contracts Ownership 102

SpicyIP

SEPTEMBER 11, 2023

He wrote detailed posts on this topic later here and here. Talking about this topic, the issue of Judicial Recusals also shouldn’t be left untouched – an issue that has been the heart of several IP controversies, notably the Novartis dispute. Life of IP and Counterfeit Goods: In this month, 2009, Prof.

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IP Reporting Plagiarism Government 105

Garrigues Blog

JUNE 1, 2021

Banksy Case: registration of a trademark in bad faith and the price of anonymity. The EUIPO has cancelled street artist Banksy’s trademark for the well-known artwork ‘Flower Bomber” on the grounds that it was filed in bad faith. There will be a sequel! If you don’t appear on the Internet, you don’t exist. Thanks for following us!

Blogging 52

Blogging IP Advertising Advertising 52

Technology & Marketing Law Blog

AUGUST 31, 2021

Plaintiff discovered the use of his photos in articles covering the following topics: “FemSkin”. The fact that defendant did not remove the photos after receiving notice and the fact that defendant did not have an ostensible good faith basis for using the images are decisive to the court. The Snuggery”. Dillie the Deer”.

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Fair Use Journalism Licensing Marketing 129

Technology & Marketing Law Blog

AUGUST 14, 2022

This retweet will surely be a key topic in CNN’s deposition of Jack. The court says that rebuttal is good enough to survive a motion to dismiss. Even if CNN made overreaching or tendentious arguments (which I don’t think they did), the legal system has several mechanisms to protect good-faith mistakes by media outlets.

Law 112

Law Social Media Reporting Government 112

The IPKat

DECEMBER 11, 2023

If the answer to the first two questions is no, and the estimate provided under the third question is reasonable and reflect best efforts, the injunction should be stayed for the requested period, unless the infringer’s bad faith precludes this. Participation is free of charge.

Patent Law 70

Patent Law Law Patent Invention 70

IIPRD

APRIL 13, 2023

He urged the authorities to put their faith in people, said minor offences shouldn’t result in punishment, and that fine-paying options should be available. In India, the topic of criminal punishment for copyright infringement has generated considerable controversy. This increase is apparently intended to deter public dishonesty.

IP 52

IP Copyright Infringement Copyright Government 52

LexBlog IP

AUGUST 31, 2021

Ericsson filed a counterclaim seeking a declaration that (1) Ericsson’s offers were FRAND and (2) HTC failed to negotiate in good faith. The jury found that both parties had breached their duties to negotiate in good faith, but Ericsson had not breached its FRAND commitment. HTC rejected that offer.

Licensing 52

Licensing Contracts Law Patent Law 52

LexBlog IP

SEPTEMBER 9, 2022

Director Vidal highlights four different topics as they relate to the duty of disclosure standard: 1. .’’ Accordingly, this notice is meant to address the duty of disclosure and the duty of reasonable inquiry as it relates to the material submitted or received from other governmental agencies. Who Has a Duty to Disclose.

Government 52

Government Intellectual Property Marketing Marketing 52

The IPKat

NOVEMBER 29, 2021

Critical Race IP as an interdisciplinary research movement, studying racial and colonial non-neutrality in IP laws, is a topic also discussed in earlier chapters of this same book. Morality imports concepts such as good faith, ethics, or human rights into IP law.

Intellectual Property 73

Intellectual Property IP Moral Rights Law 73

The IPKat

JULY 30, 2021

This claim is excluded insofar as, in light of the special circumstances of the specific case and the principles of good faith, it would cause the infringer or third parties disproportionate hardship, not warranted by the right to exclude. Der Schadensersatzanspruch nach Absatz 2 bleibt hiervon unberührt.

Patent Law 95

Patent Law Law Patent Intellectual Property 95

The IPKat

JANUARY 9, 2022

Mr. Spies opined, “And some of these marks are very old, some of these marks cover a very broad description of good and services. The panel discussed topics from the perspective of China, Germany, Europe, Japan, and the U.S., Every time you file an application, you get a rejection from the USPTO, oftentimes it’s formalities.

Reporting 57

Reporting Law IP Patent 57

43(B)log

MARCH 25, 2024

NIFLA says that abortion is a controversial topic, making disclosures about abortion controversial; but NetChoice said that “ disclosures of social media censorship decisions” were not controversial. There’s no good-faith debate that the warnings aren’t truthful. For similar reasons, the warnings were uncontroversial.

Advertising 64

Advertising Advertising Social Media Government 64

The IPKat

NOVEMBER 27, 2023

Acquiescence is a topic of interest following the CJEU in Heitec (see Volume 9 ) and the UK Court of Appeal in Combe (see Volume 12 ). Tesco’s only consolation prize was its success at knocking out a number of repeat logo filings by Lidl on the grounds of evergreening and bad faith. IPKat here and here. You’ll be asking, “but why?”,

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Editing Registration Branding Brands 70

LexBlog IP

JANUARY 18, 2022

With apologies to those who prefer a classic menu, I’ll be approaching these topics in coming weeks in a mezze fashion, with several items arranged to whet your appetite and enrich your knowledge. Olive Oil and State Pride.

Law 52

Law Trademark Branding Brands 52

Copyright Lately

OCTOBER 24, 2022

In 1997, the Second Circuit reversed the district court’s finding that BET made fair use of Faith Ringgold’s “Church Picnic Story” quilt. This may also be a good time to remind you that a lot of AI-generated art isn’t exactly ready for prime time: Well, well, well. AI-Generated Art to the Rescue?

Artwork 87

Artwork Copyright Infringement Copyright Art 87

Trading Secrets

DECEMBER 21, 2021

Texas appellate courts vary in applying the inevitable disclosure doctrine when granting injunctive relief under TUTSA, while the Texas Supreme Court recognizes that a competitive decision maker may not be able to resist acting on what they learn of a competitor’s trade secrets, even when acting in good faith.

Confidentiality 69

Confidentiality Law Contracts Business 69

Technology & Marketing Law Blog

APRIL 30, 2022

Plaintiff’s allegations regarding the leadup to his account suspension do not provide a sufficient factual underpinning for his conclusion Twitter lacked good faith. Twitter constructed a robust five-strike COVID-19 misinformation policy and, even if it applied those strikes in error, that alone would not show bad faith.

Social Media 106

Social Media Contracts Government Publishing 106

LexBlog IP

DECEMBER 21, 2021

Texas appellate courts vary in applying the inevitable disclosure doctrine when granting injunctive relief under TUTSA, while the Texas Supreme Court recognizes that a competitive decision maker may not be able to resist acting on what they learn of a competitor’s trade secrets, even when acting in good faith.

Confidentiality 52

Confidentiality Law Contracts Business 52

The TTABlog

NOVEMBER 29, 2022

The Board then denied Habit's motion to compel because it was filed prematurely (OMS had not "clearly or unequivocally stated that it would not designate or produce a witness for the noticed deposition") and because Habit failed to make the required good faith effort to resolve the dispute prior to filing its motion.

Designs 82

Designs Design Registration Government 82

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. Introduction Generative AI is one of the hot topics in copyright law today. Content moderation is a topic dealt with elsewhere in EU law by the Digital Services Act (DSA) and, for copyright protect content, in inter alia Article 17 CDSM Directive.

Copyright 138

Copyright Fair Use Copyright Law Law 138

Technology & Marketing Law Blog

JUNE 22, 2023

.” Given these stakes, politicians should prioritize developing good-faith and well-researched ways to facilitate and support journalism. Instead, the CJPA takes an asinine, ineffective, unconstitutional, and industry-captured approach to this critical topic. For more on this topic, see Ashutosh A. Free Speech L.

Journalism 89

Journalism Social Media Publishing Government 89

The IPKat

JANUARY 17, 2023

Designs get comparatively little attention which is no doubt due to space limitations (the book has almost 1,500 pages excluding the tables of cases and legislation) but given the many design complexities in Europe, it is the one topic where a bit more detail would have been welcome.

Intellectual Property 76

Intellectual Property Editing IP Publishing 76

LexBlog IP

JULY 21, 2021

As that report noted: The study’s most conservative estimate.takes into account only the revenues of faith-based organizations, [and] is $378 billion annually … By way of economic perspective, this is more than the global annual revenues of tech giants Apple and Microsoft combined.Our second mid-range estimate. society at $4.8

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Technology & Marketing Law Blog

JULY 5, 2021

The Google AdWords purchase too may not alone evidence bad faith. And the Defendant’s failure to “negative keyword,” i.e., deactivate, the term “Floor Decor” from its AdWords could be viewed as a failure to self-flagellate – which does not entail bad faith. .” * RVC Floor Decor, Ltd. Floor and Decor Outlets of America, Inc.,

IP 85

IP Social Media Fair Use Branding 85

The IPKat

DECEMBER 29, 2023

Findings on specific issues and topics Data regarding the stack Data regarding the stack could not be obtained directly from ETSI. Regarding Apple, the Judge did not consider that Apple failed to engage or operated in bad faith ([357]). Apple would have departed from their Framework only very reluctantly ([359]).

Patent 78

Patent Litigation Marketing Marketing 78

Kluwer Copyright Blog

APRIL 5, 2022

Following a public consultation on the topic of exhaustion, the UKIPO concluded that there is not enough available data to understand the economic impact of any of the alternatives to the UK exhaustion regime in a post-Brexit world. UK Intellectual Property Office, UK’s future exhaustion of IPR regime. According to reports (e.g.

Copyright Law 60

Copyright Law Copyright Law Music 60

SpicyIP

AUGUST 30, 2021

Topical Highlight. s copyright and registered trademark by thrusting its deceptively similar goods and flooding the high-in-demand but low-in-knowhow market, with its imitation products. Sun Pharma v. Cipla: Madras HC Rejects COVID as an Excuse for Passing Off. Cipla Ltd. , Cipla Ltd. , The Defendant Sun Pharmaceuticals Industries Ltd.

Non-Fungible Tokens 105

Non-Fungible Tokens Fair Use Advertising Advertising 105

Technology & Marketing Law Blog

MAY 18, 2023

Between the two decisions, we get a powerful opinion on the topic of “aiding and abetting” online, while Section 230 dodged its first SCOTUS review. I expect defendants will find many good passages to cite in those other legal battles, but only as persuasive authority.

Social Media 137

Social Media Law Fair Use Blogging 137

LexBlog IP

APRIL 15, 2022

The standard for art auctions, for example, covers a wide range of topics, ranging from lots collection to catalogue compilation, from industry terminology to best practices for auctioneers. 19] The VAT for imported goods has been reduced to 13% from 16% since 2019. [20] The regulation of galleries is even less strict.

Art 52

Art Marketing Marketing Artwork 52

SpicyIP

JULY 19, 2021

Topical Highlight. Google was fined 500 million euros ($593 million) by France’s competition watchdog for failing to negotiate “in good faith” with media businesses over the use of their content under EU copyright regulations. The Cinematograph (Amendment) Bill 2021: Overbroad, Disproportionate and Unnecessary.

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