IP and Legal Filings

MARCH 7, 2022

Trademark Infringement. Section 29 of the trademark law draws attention to the authorised owner and defines trademark infringement as a violation of the exclusive rights claimed by the registered owner under the trademark’s act of 1999. In simple terms, trademark infringement occurs when the owner’s exclusive right is breached.

Trademark 57

Trademark Law Registering Trademarks Branding 57

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?): Skinny Label Infringement in Teva Pharmaceuticals USA, Inc. At what point do sales-with-knowledge equate with inducement?

Patent Law 126

Patent Law Law Patent Invention 126

Copyright Lately

JANUARY 23, 2023

A group of artists has filed a first-of-its-kind copyright infringement lawsuit against the developers of popular AI art tools, but did they paint themselves into a corner? 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.)

Derivative Work 108

Derivative Work Art Copying Fair Use 108

IP and Legal Filings

SEPTEMBER 12, 2022

A copyright’s primary topic is what it protects and the standards by which it is protected. The issue of two persons producing similar work is not a barrier to it becoming the topic of literary writing. Therefore, there is no infringement as long as the work has not been replicated. Cinematographic Work. Sound Recordings.

Art 52

Art Copyright Artistic Work Public Domain 52

IPilogue

JANUARY 14, 2022

Is GitHub’s New Feature a Copyright Infringer? In 2021, the Federal Court and Federal Court of Appeal heard 57 copyright infringement proceedings, approximately 18% of all IP-related litigations at these levels. Winkler v Hendley involves the alleged copyright infringement of the famous true-crime story The Black Donnellys.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

Kluwer Copyright Blog

JANUARY 26, 2023

The Commission was open to contributions and held public hearings (see the Brazilian Copyright Institution presentation and Annex ), some of which were specifically on the topic of TDM. In Brazil, TDM came to be included in the Legislative Bill on AI as one specific topic. Under art.

Copyright 56

Copyright Intellectual Property Copyright Law IP 56

IP and Legal Filings

JANUARY 29, 2023

Introduction The efforts of the game developing companies in making the virtual spaces have ample scope for fostering the gamers’ innovation for birthing new creations has induced the development of the million-dollar gaming industry. On one hand, some argue that players should have the right to own and control their creations.

Copyright 79

Copyright Ownership Publishing Copyright Infringement 79

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. For similar reasons, the warnings were uncontroversial. Thus, the burdens were not undue in comparison to the benefits.

Advertising 64

Advertising Advertising Social Media Government 64

Kluwer Copyright Blog

NOVEMBER 29, 2021

Indeed, countries lagging behind might face infringement proceedings. Under § 10 TMG (the German e-commerce law), host providers’ liability was then limited to cases where infringing content was not removed after a notice and take down procedure.

Cease and Desist 115

Cease and Desist Copyright Government Publishing 115

SpicyIP

AUGUST 30, 2021

Topical Highlight. and the socio-legal opportunism of the defendants’ arguments for condonable trademark infringement, set in the backdrop of the ongoing global pandemic. and the socio-legal opportunism of the defendants’ arguments for condonable trademark infringement, set in the backdrop of the ongoing global pandemic.

Non-Fungible Tokens 105

Non-Fungible Tokens Fair Use Advertising Advertising 105

Kluwer Copyright Blog

SEPTEMBER 29, 2022

Exercising DMA portability rights could result in IP infringements in the same way as under the consumer directives discussed in the first part of this post. Among the seven loosely interconnected topics in the Proposal, two chapters are expected to establish new entitlements that bear traits of data portability rights.

IP 56

IP Ownership Marketing Marketing 56

Kluwer Copyright Blog

OCTOBER 22, 2021

The topic of the liability of internet intermediaries has never been so contentious. Rightsholders argued in response that intermediaries would often benefit from infringing activities. In light of this gruesome event, the decision to repeal the article has sparked heated political debate. What is the justification for this disparity?

Social Media 136

Social Media Copyright Copyright Infringement Technology 136