The IPKat

DECEMBER 26, 2022

In a judgment dated 17 June 2021, the court granted the plaintiffs' claim. One of the alleged parodic busts The comic strip "The adventures of Tintin" and its characters, created by the Belgian cartoonist Hergé, have been the source of numerous copyright infringement disputes in recent years [ here ]. Mr A appealed those now joint decisions.

Law 95

Law Copyright Infringement Moral Rights Copyright 95

The IPKat

MARCH 10, 2024

IMRO and Law Society Annual Copyright Lecture (1 May) The 5th annual IMRO/Law Society of Ireland Copyright Lecture will be held in Dublin on 1 May, 18:00 – 19:30. For further information about the agenda and topic, see here. For further information about the agenda and topic, see here. or on Zoom.

Intellectual Property 62

Intellectual Property Intellectual Property Law Copyright IP 62

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. She now does her tattoo artistry pro bono.

Copyright 142

Copyright Social Media Fair Use Licensing 142

The IPKat

APRIL 25, 2024

Here’s what they write: Generative AI, originality, and the potential role of contract in protecting unoriginal works by Adrian Aronsson-Storrier and Oliver Fairhurst Artificial Kat Over the past two years the IPKat has hosted debate on the question of whether the outputs of generative AI tools are protected under copyright law.

Contracts 76

Contracts Artistic Work Copyright Copyright Law 76

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

Olartemoure Blog

AUGUST 30, 2022

FERVENT DEBATE AT THE NEXT COLOMBIAN CONGRESS OF PROCEDURAL LAW. Between the 5 th and 9 th of September 2022, the 43 rd Congress of Procedural Law will be held in Cartagena. Although there are many issues to be discussed, a priority will certainly be the support of the appeal of rulings.

Intellectual Property 105

Intellectual Property Law Designs Design 105

Kluwer Copyright Blog

APRIL 26, 2022

This morning the CJEU delivered its much awaited judgment in Case C-401/19 – Poland v Parliament and Council. The lead up to this judgment has been covered extensively on the blog, where readers can find analysis of the hearing and the AG Opinion (see here and here ). The regime of Article 17 and the issue at stake.

Intellectual Property 99

Intellectual Property Law Designs Design 99

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

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

SpicyIP

JANUARY 20, 2024

Before I dish out details, it needs to be highlighted that while IP research and teaching might have been lacking before the 2000s, the “scholarly” spirit in this field has been present nonetheless as evident from several judgments, articles (though very limited), parliamentary discussions, and reports like the Justice N. See also here ).

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Government IP Intellectual Property Reporting 112

IPilogue

DECEMBER 13, 2021

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. Samantha Melhado is a 3L J.D. The sound of your alarm marks the start to your day.

Social Media 111

Social Media Intellectual Property Copyright Designs 111

Technology & Marketing Law Blog

MAY 17, 2022

None of this matters. None of this matters. This case involves Roblox, a virtual world. Allegedly, a majority of Roblox users are under 13. Roblox has an in-game currency, Robux. Users can manufacture virtual items in-game, and other users can buy those items using Robux, with Roblox taking a cut of the transactions.

Contracts 122

Contracts Publishing Licensing Editing 122

The IPKat

FEBRUARY 19, 2024

The case law on the protection of geographical names as trade marks started with the CJEU’s Windsurfing Chiemsee judgment (cases C-108/97 and C-109/97 ). The absolute ground of refusal of descriptive trade marks (now Art. 302018111639 for the sign ‘KÖLNER DOM’. The appeal to the German Patent Court was unsuccessful.

Art 62

Art Registration Designs Design 62

IPilogue

JULY 19, 2021

Shawn Dhue is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . Justice McHaffie decided that none of the answers to those questions matter. The Winkler v Hendley , 2021 FC 498 (“ Winkler ”) decision evokes the image at the beginning of a movie that states “Based on a true story….” The late Thomas P.

Copyright 112

Copyright Copying Law Publishing 112

Technology & Marketing Law Blog

AUGUST 31, 2021

McGucken moved for summary judgment on the fair use defense. In a surprise move, it grants summary judgment to defendant even though Pub Ocean did not formally request summary judgment. In a surprise move, it grants summary judgment to defendant even though Pub Ocean did not formally request summary judgment.

Fair Use 128

Fair Use Journalism Licensing Marketing 128

Patently-O

FEBRUARY 15, 2023

Jordan is a second-year law student at the University of Missouri, head of our IP student association, and a registered patent agent. The Federal Circuit weighed in on the amorphous topic of subject matter eligibility in the recent opinion ChromaDex, Inc., Guest Post by Jordan Duenckel. Elysium Health, Inc. , — F.4th

Patent 54

Patent Patent Drafting IP Law 54

Technology & Marketing Law Blog

APRIL 1, 2023

This ruling covers two key topics related to 512. Today is April Fool’s day, and longtime readers know that I do not participate in gags that undermine my credibility as a blogger. I’m going to focus on the 512(f) claim. ” it didn’t specify the precise location of the infringing works. .” ” Cite to ISE v.

Fair Use 101

Fair Use Cease and Desist Contracts Ownership 101

Copyright Lately

SEPTEMBER 26, 2022

I first wrote about the case two years ago , when District Judge Staci Yandle denied Take-Two’s motion for summary judgment. In a first-of-its-kind copyright trial, a jury will decide whether tattoo artist Catherine Alexander can effectively control the use of Randy Orton’s likeness in video games. There’s a lot at stake.

Fair Use 87

Fair Use Licensing Ownership Copying 87

Kluwer Copyright Blog

JUNE 9, 2022

This is the second installment of a reflection on the topic of content moderation and bias mitigation measures in copyright law. This second part explores the potential of property rights to increase bias in content moderation by looking at the topic from the perspective of Article 17 CDSM Directive.

Technology 96

Technology Marketing Marketing Copyright 96

SpicyIP

JULY 5, 2021

Topical Highlight. Delhi High Court Clarifies Law on Arbitrability of Trademark Disputes. In this guest post , Rounak Doshi discusses the position of law on arbitrability of trademark disputes in light of the Delhi High Court’s recent decision in Golden Tobie Private Ltd. Golden Tobacco Ltd. Thematic Highlight.

Intellectual Property 105

Intellectual Property Trademark Licensing Copyright 105

The IPKat

NOVEMBER 27, 2023

The long history of the parties’ joint presence on the UK market clearly added a degree of complexity to the judgment, which contains a detailed review of each side’s business over the years. 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 ).

Editing 70

Editing Registration Branding Brands 70

The IPKat

OCTOBER 2, 2023

Lord Justice Birss himself recently made headlines for praising the usefulness of ChatGPT for writing court judgments. Large language models (LLMs) such as ChatGPT have been hailed as potentially revolutionary for the legal industry. This post will instead focus on the potential short to medium term impact of LLMs on the patent profession.

Patent Drafting 73

Patent Drafting Patent Invention Technology 73

Copyright Lately

AUGUST 22, 2021

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. That’s because just two days after the case was filed, Southern District of New York Judge Valerie Caproni took the matter into her own hands.

Copyright 89

Copyright Fair Use Settlement Designs 89

IPilogue

DECEMBER 9, 2021

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. Shayna Jan is a 3L J.D. It’s no secret that memes have taken the internet by storm.

Copyright 89

Copyright Artistic Work Copying Intellectual Property 89

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

Bio Law Blog

NOVEMBER 15, 2021

District Court for the District of Delaware granted Elysium’s motion for summary judgment that two ChromaDex formulation patents were directed to patent-ineligible subject matter under 35 U.S.C. § Two weeks before trial, the district court granted Elysium’s motion for summary judgment under Section 101.

Patent 52

Patent Invention Litigation Contracts 52

SpicyIP

AUGUST 2, 2021

Topical Highlight. Dr. Scaria points out that the Report lacks focused questions of enquiry and instead undertakes a superficial review of all IP laws in the country. A Parliamentary Standing Committee Report that Challenges the Fine Balances Within the IP System. The post focuses on three methodological flaws in the Report.

Reporting 116

Reporting Designs Design Copyright 116

LexBlog IP

OCTOBER 13, 2021

Further, according to article 8(2) of Law 4481/2017, a CMO may exist under the form of a public limited company (SA), but all of its shares must be mandatorily registered. Legal forms of CMOs. In practice, most CMOs in Greece have chosen the form of limited liability civil cooperatives. to be organised on a non-profit basis. Emphasis added.).

Related Rights 98

Related Rights Licensing Law Copyright 98

IP Tech Blog

JANUARY 4, 2023

The author would like to thank John Hodges and Elisa Li for their contributions to this post. The emergence of blockchain-supported Non-Fungible Tokens (NFTs) has captured the interest of the entertainment and business worlds in the past couple of years. The exclusivity of exploitation is key to the success of a limited-edition collectible.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. I’m going to start by going back to some earlier cases, Two Pesos v. Taco Cabana, from 1992. Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

IP and Legal Filings

FEBRUARY 12, 2023

During the passage of time, the Competition Laws and Intellectual Property Rights (IPRs) developed and brought many magnificent changes for the efficient competitiveness in the market. Intellectual Property Rights And Competition Law: Is There Any Tussle Between The Two? “It

Intellectual Property 52

Intellectual Property Law Intellectual Property Law Marketing 52

Garrigues Blog

JUNE 1, 2021

The Supreme Court published its judgment number 82/2021 on February 16, 2021, shortly after this post, holding that bullfights could not be protected due to their uncertainty and the difficulty in fixation. It’s the first anniversary of the Garrigues IP Blog. Final act: will the Supreme Court lend bullfighting a helping hand?

Blogging 52

Blogging IP Advertising Advertising 52

The IPKat

SEPTEMBER 12, 2021

Merpel gives the "German injunction gap" factor some much needed side-eye After the end of what English and Welsh litigators call the Trinity term (aka end of the term before the Court breaks for the summer holidays), Mr Justice Mellor was working overtime to deliver two decisions. Mr Justice Mellor dismissed the application " with some regret ".

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Litigation Patent Marketing Marketing 98

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. [ii]

IP 52

IP Registration Trademark Branding 52

LexBlog IP

AUGUST 31, 2021

The decision also found that HTC’s proposed FRAND jury instructions were not a substantially correct statement of the law, because Ericsson’s ETSI FRAND commitment was governed by French contract law, but HTC’s instructions were based on U.S. law without reference or comparison to French contract law.

Licensing 52

Licensing Contracts Law Patent Law 52

IP Whiteboard

APRIL 15, 2021

The Duchess of Sussex) was recently granted summary judgment in a privacy claim against Associated Newspapers Limited, over the publication of extracts from a hand-written letter to her father (see HRH The Duchess of Sussex v Associated Newspapers Ltd [2021] EWHC 273 (Ch) ). Background. The Duke of Sussex, a.k.a. Prince Harry) in 2016.

Privacy 40

Privacy Copyright Publishing Law 40

Trading Secrets

JUNE 3, 2022

There have been some noteworthy recent decisions in trade secrets law. This blog post summarizes some of the significant decisions grouped by the hot topics below. Sufficiency of Trade Secret Pleadings and Allegations of Misappropriation. In Oakwood Lab’ys LLC v. Thanoo , 999 F.3d 3d 892 (3d Cir. Thanoo , 999 F.3d 3d 892 (3d Cir.

Law 59

Law Confidentiality Designs Design 59