Technology & Marketing Law Blog

AUGUST 31, 2021

One of the practices that has generated a sizeable number of disputes and rulings is the use of photos to illustrate articles. McGucken is appealing the ruling against him. Plaintiff discovered the use of his photos in articles covering the following topics: “FemSkin”. These three cases address fair use in this context.

Fair Use 128

Fair Use Journalism Licensing Marketing 128

Chicago IP

MAY 12, 2021

Of particular note: Carjams’ claim that Putco should be limited to ten topics, without some agreement by the parties, was not supported by the Federal Rules or the law. The Court would not prevent damages topics because Carjams intended to use a damages expert. Damages was still an appropriate topic for a corporate deposition.

Patent 40

Patent Patent Application Art Licensing 40

Intellectual Property Law Blog

MAY 2, 2023

New creations implicate IP issues, including the protection of what is created, potential infringement of preexisting IP, and ownership and licensing issues of the output. This Guidance covers some important topics. How must the compliance obligations of open source licenses be met in this context and by whom (developer or user)?

Government 237

Government Business Licensing Copyright 237

Copyright Lately

SEPTEMBER 26, 2022

That order actually topped my list of the 5 Worst Copyright Decisions of 2020 because, by sending the case to a jury, the court effectively ruled that anyone with a tattoo is not in control of the uses to which his or her likeness is put. Implied License and Fair Use Are the Key Remaining Defenses. There’s a lot at stake.

Fair Use 86

Fair Use Licensing Ownership Copying 86

The IPKat

FEBRUARY 13, 2022

The IP blogs have been active over the past week bursting with a wide range of different topics. But what happens when it comes to e-books and audiobooks, where copyright owners typically license access to the works rather than selling copies? The IPKat has once again compiled some of them for you. In 2021, there was a 14.4%

Blogging 52

Blogging IP Copying Copyright 52

43(B)log

NOVEMBER 13, 2023

The results were logically possible: “Prescribers can maintain a preference that compounding pharmacies follow all applicable rules and regulations without having an awareness of all the applicable rules and regulations.” Here, he wouldn’t be allowed to present statements such as “OSRX routinely violates the rules.

False Advertising 71

False Advertising Advertising Advertising Government 71

LexBlog IP

NOVEMBER 17, 2023

They allege that Anthropic copies Plaintiffs’ copyrighted song lyrics and its AI chatbot, Claude, then generates those lyrics in response to user prompts—all without a license. ” Id. at ¶ 10. ” Id. at ¶ 10. ” Id. at ¶ 78. Andy Warhol Found. for the Visual Arts, Inc. Goldsmith , 143 S. 1258 (2023).

Music 52

Music Copyright Infringement Publishing Copyright 52

IPilogue

NOVEMBER 17, 2021

Much like the case of Jolie, the sweaters quickly became a topic of controversy , as the Cowichan Tribes of Vancouver Island alleged the sweater designs had been appropriated from one of their traditional designs. the Federal Court ruled that legal protection of works is not restricted based on the medium in which it is presented.

Ownership 103

Ownership Intellectual Property Artwork Copyright Law 103

The IPKat

JANUARY 7, 2022

Event 4iP Council Solution in Search of a Problem: Licensing Negotiation Groups in the Internet of Things The 4iP Counsel will be organizing the subject line webinar on 19 January 2022 4 p.m. As we welcome a happier (and more importantly) a healthier new year, this Kat brings to you a handful of events and opportunities.

Journalism 73

Journalism Intellectual Property Law Marketing 73

Patently-O

MARCH 31, 2024

Role of Jury Instructions and Objective Indicia In American civil litigation, jury instructions are the set of legal rules and guidelines provided to the jury by the trial judge before the jury begins deliberations. 27, 2024), involved patents relating to tamper-resistant and tamper-evident food containers. 2021) (summary judgment).

Invention 58

Invention Copying Licensing Art 58

IP and Legal Filings

JANUARY 19, 2023

The recent case of Revlon is related to bankruptcy but focusing on the other side, the case has brought the attention to the topic that could be of useful to intellectual property rights that is the relation of IPR and the bankruptcy. There are some intellectual Property which can be licensed.

Intellectual Property 82

Intellectual Property Licensing Trademark IP 82

Kluwer Copyright Blog

FEBRUARY 28, 2024

In the words of the UKIPO: “ this is an issue that industry can, and should, seek to fix itself, although it does not rule out the possibility of legislative action in this area if industry does not take adequate steps to improve the situation.” Copyright law has always been an emotional topic. For a full list, see here.

Copyright Law 60

Copyright Law Copyright Law Music 60

LexBlog IP

NOVEMBER 9, 2021

Contemporary, Lawyerly, Example : If you hear a bell ringing in your head, its probably because personality rights have been a hot button topic at the NCAA as it applies to collegiate athletes. With a Supreme Court ruling (NCAA v. Student athletes are allowed to fully control their personality rights and make money licensing them.

Personality Rights 52

Personality Rights Licensing Contracts Advertising 52

The IPKat

JANUARY 25, 2022

3D trade marks are always a topic of interest, with some proprietors despairing as to whether trade mark law will provide them with any practical protection. Picture on lower middle is by Francis Helminski and is licensed under the Creative Commons Attribution-Share Alike 4.0 International license.

Public Domain 133

Public Domain Registration Licensing Publishing 133

The IPKat

JUNE 13, 2022

Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark. For example, the owners of the famous “ Grumpy Cat ” meme licensed the use of the name, image and likeness of the cat – and successfully enforced these rights.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

IIPRD

APRIL 8, 2024

And then further questions like if given protection under IPR, will that be fair to the initial creators, whose works were used without consent or licensing to create these so-called novel art pieces? This still stands as an extremely contentious topic. References: [link] What Are the Copyright Rules Around AI Art?

Art 52

Art Artwork Intellectual Property Copyright Law 52

IIPRD

APRIL 2, 2024

vi] This is where governments use ‘compulsory licensing’ to ensure access to affordable drugs in public health emergencies and foster innovation, where patents and monopolies gained through it has prevailed. With India being a major producer of generic drugs, stricter IP rules advocated by EFTA countries could pose a challenge.

Intellectual Property 105

Intellectual Property Branding Brands Branding 105

TorrentFreak

APRIL 23, 2023

Strangely, the value of ‘likes’ and ‘views’ is comprehensively understood when the topic of conversation isn’t centered on ripping music from YouTube. ” The Importance of Circumvention The High Court ruling is long and complex. Both options are free; what’s the problem?

Music 125

Music Copyright Technology Copyright Law 125

The IPKat

FEBRUARY 23, 2023

Where it is difficult to determine the losses suffered by the right holder or the profits earned by the infringer, the amount shall be reasonably determined by reference to the multiple of the amount of the royalties for the patent license. In this Kat’s perception, this ruling is noteworthy for at least four reasons.

Settlement 70

Settlement Patent Infringement Patent Intellectual Property 70

The IPKat

MARCH 24, 2022

The EC 2020 report also found agreement from the majority of industry respondents to a previous consolation on the topic that a unified SPC system would boost investment, reduce red-tape relating to litigation and registration, reduce maintenance costs, and make licensing easier.

Registration 82

Registration Reporting Marketing Marketing 82

Velocity of Content

AUGUST 4, 2021

under the existing rules for what the Copyright Act calls, in an antique-sounding term, “phonorecords.” Thinking about the topic a little more broadly, as with blogs, the DMCA processes are available to podcasters. As would be a Creative Commons license, an option that I plan to get into in more detail in a subsequent post.

Copyright 98

Copyright Registration Music Blogging 98

SpicyIP

JULY 5, 2021

Topical Highlight. He notes that the Court considered this dispute concerning the breach of a trademark licensing agreement as arbitrable and referred it to arbitration. He notes that the Court considered this dispute concerning the breach of a trademark licensing agreement as arbitrable and referred it to arbitration.

Intellectual Property 105

Intellectual Property Trademark Licensing Copyright 105

LexBlog IP

AUGUST 31, 2021

The decision rejected HTC’s argument that the non-discrimination portion of the FRAND commitment required Ericsson to give HTC the same licensing terms as given larger mobile device manufacturers, because that would convert the ETSI FRAND commitment into a most-favored-licensee approach that ETSI had refused to adopt. per 4G device.

Licensing 52

Licensing Contracts Law Patent Law 52

The IP Law Blog

JULY 15, 2021

For example, in Alice, the court stated “[t]he ‘abstract ideas’ category embodies the longstanding rule that an idea of itself is not patentable.” As a result, the USPTO has requested comments from the public on 13 topics, which can be found at this link and are paraphrased and summarized below.

Law 109

Law Patent Invention Intellectual Property 109

Technology & Marketing Law Blog

MAY 17, 2022

This knocks out the pre-litigation negotiation requirement, the TOS’s protective provisions, the TOS’s disclosures, the TOS’s licenses (which nukes Roblox’s defense to a conversion claim), and more. Lots of academics and bloggers wrote about the topic, but we had very few actual court cases addressing it.

Contracts 122

Contracts Publishing Licensing Editing 122

IP and Legal Filings

FEBRUARY 12, 2023

Image Sources : Shutterstock] Competition Law and IPRs are bound together by the economies of progression and brain boggling matrixes of legal rules that attempt to change the adjustment and effect of each methodology. European Union invoked competition rules for consumer welfare against absolute IPR [xiv].

Intellectual Property 52

Intellectual Property Law Intellectual Property Law Marketing 52

Kluwer Copyright Blog

JUNE 8, 2022

This two-part blog post offers a reflection on the topic of content moderation and bias mitigation measures in copyright law. Part II 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. Scenario (2): Open Licenses.

Public Domain 52

Public Domain Licensing Copyright Law Copyright 52

TorrentFreak

SEPTEMBER 5, 2023

This should be the rule going forward, not the exception. “The Government should support the continuance of a strong copyright regime in the UK and be clear that licenses are required to use copyrighted content in AI. These are just a few examples of recent AI-related copyright issues.

Copyright 83

Copyright Government Public Domain Publishing 83

TorrentFreak

MARCH 7, 2023

The usual format is the inclusion of a photograph or image, a description of the image, a hyperlink to the original source, and sometimes a link to a secondary source with additional information on the current topic. Whether this was a simple request for cash or a business discussion about the cost of licensing the video is unknown.

Copyright 137

Copyright Copying Business Licensing 137

SpicyIP

NOVEMBER 8, 2023

the IPAB had to rule on the patentability of a pharmaceutical composition used to treat renal hepatic and gastrointestinal diseases. Controller of Patents and Designs , the IPAB, in ruling on the patentability of a drug formulation, held that the bar under S. 3(e), in La Renon Health Care Pvt. Kibow Biotech Inc.,

Invention 69

Invention Patent Art Patent Law 69

Velocity of Content

JULY 8, 2021

As I dug down further on the topic, I ended up tumbling down a bit of a rabbit hole concerning certain nooks & crannies of copyright that I hadn’t known much about; at that point, I thought it might be useful (to some) and interesting (to others) to share them here. Along with these rules, there are some other qualifying requirements.

Copyright 57

Copyright Blogging Intellectual Property Registration 57

LexBlog IP

MAY 16, 2023

In 1952, the Coast Guard launched a “Safe Boating Week” program to educate boaters about the importance of safety equipment, navigation rules, and safe boating practices. Boating while intoxicated is illegal and can result in severe penalties, including fines, imprisonment, and the revocation of your boating license.

Licensing 52

Licensing Government Designs Design 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. For the more easy-going as to rights, there is always the Creative Commons licensing option. It’s a fun time to be alive and to be creating.

Copyright 87

Copyright Social Media Licensing Publishing 87

LexBlog IP

JUNE 21, 2023

Tommy Tuberville and Joe Manchin have drafted a bill that sheds light on the potential federal NIL rules. The NCAA would possess the authority to investigate, audit, and impose penalties, including the revocation of licenses for participation in NIL. On the Senate side, Sens.

Law 40

Law Contracts Licensing Reporting 40

IIPRD

APRIL 13, 2023

In India, the topic of criminal punishment for copyright infringement has generated considerable controversy. The Supreme Court ruled in Knit Pro International v. These rules can be broken by foreign corporations that do not manufacture or import their ideas into India. here, here and here).

IP 52

IP Copyright Infringement Copyright Government 52

Patently-O

FEBRUARY 24, 2022

The settlement also included a license to thousands of Qualcomm patents. Here’s the problem — in its appeal, Apple was not able to show Apple’s rights or duties under the license would change if the patents were cancelled. This question ties the case directly to MedImmune, Inc. Genentech, Inc. , 2022)(forthcoming).

Patent Law 95

Patent Law Law Patent Litigation 95

The IPKat

FEBRUARY 19, 2024

Consumers would understand the term ‘KÖLNER DOM’ merely as an indication of the topic or subject of the goods but not as their commercial origin. No reference for preliminary ruling The Court did not consider a preliminary ruling of the CJEU to be warranted.

Art 62

Art Registration Designs Design 62