The IPKat

DECEMBER 5, 2021

The Ordinance came into effect back in 1997 and incorporates a substantial part of the Copyright, Designs and Patents Act 1988 of the UK. AI is currently the “hot topic” around the globe. 528) (“ the Ordinance ”). The amendments relating to online service providers are particularly important.

Copyright 122

Copyright Government Reporting Copyright Infringement 122

The IPKat

FEBRUARY 27, 2023

Regarding the CJEU decision in Audi v OHIM C ‑ 398/08 , the GC noted that the factual context of the case was substantially different, since the slogan “ Vorsprung durch Technik ” was considered renowned and had been used for many years by Audi to promote the sale of its motor vehicles in class 12.

Trademark 132

Trademark Advertising Advertising Marketing 132

LexBlog IP

FEBRUARY 7, 2023

The court expressed a view that damages in the case, if awarded, were likely to be small and a stay would not impact the procedural efficiency of the proceedings, but a delay in granting a stay could substantially and unnecessarily increase legal costs for the defendant. Cunniam v Fastway Couriers Dublin Circuit Court Record No.

Technology 52

Technology Intellectual Property 52

Copyright Lately

OCTOBER 24, 2022

The desire to avoid litigation at all costs has helped to create a “clearance culture” in which the standard operating procedure is for content creators to obtain a license (often at substantial expense) for every use of copyrighted material appearing in a production, regardless of whether permission is legally required.

Artwork 88

Artwork Copyright Infringement Copyright Art 88

The IPKat

FEBRUARY 6, 2022

Topics will include access and substantial similarity, fair use, performers' rights, moral rights, expert testimony, the role of lay listeners, sound sampling as it appears in court and out-of-court litigation. The course consists of 10 sessions via Zoom.

Intellectual Property 78

Intellectual Property Moral Rights Privacy Copyright Infringement 78

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. .” Nature of Use.

Copyright 142

Copyright Social Media Fair Use Licensing 142

LexBlog IP

APRIL 13, 2023

The letters themselves are called Notice of Penalty Offense (Notice) letters, and since it has been awhile since we discussed the topic, we will provide a brief recap of the legal authority that the agency is invoking. Misrepresenting the level of substantiation that exists for a product.

Advertising 52

Advertising Advertising Litigation Marketing 52

The IPKat

FEBRUARY 21, 2022

Topics include access and substantial similarity, fair use, performers’ rights, moral rights, expert testimony, the role of lay listeners, sound sampling, as demonstrated in dispositions of litigated and settled infringement disputes. Registration is open here. pre-publication event: EULAs: Friends or Foes?,

Intellectual Property 67

Intellectual Property Moral Rights Registration Editing 67

The TTABlog

JANUARY 24, 2022

The Board noted that the issues at hand, genericness and acquired distinctiveness, are interrelated in that third-party use of the same or a similar design affects each determination. prior handbag Reviewing the USPTO's submissions in detail, the Board found the evidence of third-party use to be "substantial." Text Copyright John L.

Designs 52

Designs Design Registration Music 52

LexBlog IP

MARCH 8, 2023

(We also have an upcoming webinar covering the topic in March – details here.) What seems clear is that NAD is reading this document with a fine-tooth comb, and one can expect to see this guidance followed to a tee as far as what is expected from advertisers for all manner of health claim substantiation. Gross and 2.

Advertising 52

Advertising Advertising Branding Brands 52

LexBlog IP

DECEMBER 19, 2023

Residual copyright infringement risks Synthetic data itself may also not be entirely shielded from IP infringement claims to the extent it retains in substantial part the initial real-world data on which the generating AI system was trained. You can read part 1, here. [1] This decision is currently on appeal, and no U.S.

IP 52

IP Derivative Work Copyright Copyright Infringement 52

IP and Legal Filings

JULY 5, 2023

When you register your trade mark in a certain class, you restrict others from registering similar or slightly similar trade marks in the same class. If a mark is judged to be a well-known or popular mark, using a similar mark alone or in combination may generate an issue. This is due to the fact that it may lead to.

Trademark 59

Trademark Registration Branding Brands 59

IPilogue

DECEMBER 2, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. At the moment, the two forms look remarkably similar, but the Registrar’s Policy on Early Resolution of Agent Conduct Inquiries states that the “early resolution of conduct inquiries is focused on restoring relationships and trust ….”

Government 111

Government Trademark Patent Intellectual Property Law 111

Patently-O

FEBRUARY 27, 2024

The court in Netflix also does not use the “flexible” term to describe its analogous arts test but rather highlights that the scope is substantially fact-dependent. Takeaways The guidelines do not substantially change the examination approach to obviousness.

Art 120

Art Invention Patent Application Patent 120

The IPKat

FEBRUARY 7, 2022

Applicants understandably are loath to make substantial amendments to the description, either by deleting subject matter or introducing statements to the effect that certain subject matter does not fall under the scope of the claim. The deadline for submitting a response to the consultation is 15 April 2022.

Invention 98

Invention Patent Application Patent Prosecution Patent 98

TorrentFreak

APRIL 10, 2024

A similar but broader effort failed in 2012 but twelve years is a very long time; in the tech and internet world, it’s almost forever. “It’s long past time to bring out laws in line with the rest of the world,” Rivkin said, a reference to the MPA’s substantial body of overseas work it now hopes to replicate back home.

Television 105

Television Business Reporting Law 105

IPilogue

DECEMBER 13, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. While you may debate whether the filter deviated from Mykie’s design so as to count as a new work (lacking a degree of substantial reproduction) – we must first question, are makeup designs captured by copyright protection? 3] at p 3. [4]

Social Media 111

Social Media Intellectual Property Copyright Designs 111

The IPKat

FEBRUARY 4, 2022

On the other hand, the CJEU’s decision emphasizes that there can be circumstances in which content aggregators may extract or re-utilise all or substantial parts of a database, without adversely affecting the database maker’s investment, which is a development likely not welcomed by database makers (for a similar take, see Toby Bond here ).

Cease and Desist 92

Cease and Desist Database Right Litigation Marketing 92

IPilogue

JULY 19, 2021

In this case, the defendant’s fiction novel substantially copied the plaintiff’s work of historical non-fiction. The decision comes at a time in history when anyone, including politicians and spokespeople can disseminate information on topics such as human rights, COVID-19, and other vital discussions.

Copyright 112

Copyright Copying Law Publishing 112

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

Patently-O

NOVEMBER 6, 2022

to cumulatively identify and make all or nearly all embodiments of the invention without substantial “ ‘time and effort,’ ” Pet. Generally, however, it was very similar to the current 35 U.S.C. § Over the past few years, the Federal Circuit has issued a series of enablement decisions, including Amgen v. 14a (emphasis added).

Invention 63

Invention Art Patent Law Intellectual Property 63

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.) Spielberg held that a work is not an infringing derivative work unless it’s “substantially similar” to a preexisting work. Only then has the former “incorporated” the latter.

Derivative Work 108

Derivative Work Art Copying Fair Use 108

LexBlog IP

DECEMBER 12, 2023

If not adequately deduplicated, filtered, and calibrated, there is also a risk that GenAI systems may generate infringing outputs that are substantially similar to or otherwise replicate (in whole or meaningful part) third-party works protected by copyright. Getty Image launched a similar lawsuit against Stability AI in the UK.

IP 52

IP Database Right Intellectual Property Copyright 52

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.

Copyright 70

Copyright Blogging Intellectual Property Registration 70

Technology & Marketing Law Blog

NOVEMBER 29, 2021

Fourth, it assumes that, even if they are not common carriers and algorithms are speech, that speech is not commercial speech for which a substantial government interest justifies restricting it – it is, and it does. Third, it assumes that, even if they are not common carriers and H.B.

Social Media 112

Social Media Law Television Reporting 112

Technology & Marketing Law Blog

AUGUST 31, 2021

In other words, the use of wedding photos in the article was “not just substantial, it was total.” Plaintiff discovered the use of his photos in articles covering the following topics: “FemSkin”. In all three instances, the court is addressing a similar phenomenon. That is unlike the magazine in Monge [v. The Snuggery”.

Fair Use 129

Fair Use Journalism Licensing Marketing 129

IP and Legal Filings

MARCH 7, 2022

Identical or Deceptively Similar. Infringement occurs when an unauthorised person uses a trademark that is “identical” or “deceptively similar” to a registered trademark. When a mark is utilised in a deceptively similar manner, it confuses the minds of the general public. Unauthorised Use Of Trademark.

Trademark 61

Trademark Law Registering Trademarks Branding 61

The IPKat

MARCH 21, 2024

The UPC CoA also found that the definition provided in the description that "an analyte can be a component of a whole cell, a tissue or a body fluid, a cell or tissue extract, a fractionated lysate thereof or a substantially purified molecule", was irrelevant to the construction of the claim.

Invention 57

Invention Art Patent Licensing 57

IP and Legal Filings

MARCH 7, 2022

Identical or Deceptively Similar. Infringement occurs when an unauthorised person uses a trademark that is “identical” or “deceptively similar” to a registered trademark. When a mark is utilised in a deceptively similar manner, it confuses the minds of the general public. Unauthorised Use Of Trademark.

Trademark 57

Trademark Law Registering Trademarks Branding 57

IP Tech Blog

JANUARY 23, 2023

These new rules were accompanied by substantial guidance on their implementation (“ ASA Guidance ”), which provided examples of these types of persons, characters and activities. Squire Patton Boggs are experts in this topic, please contact Carlton Daniel , Mike Llewellyn , Ailin O’Flaherty or Jack Wood.

Advertising 62

Advertising Advertising Social Media Marketing 62

Technology & Marketing Law Blog

JANUARY 17, 2024

This case revisits the venerable topic of if, and when, cloning-and-revising a legal document can be copyright infringement. Later, a third party retained William Blair to promote similar bonds, and William Blair cloned-and-revised the UIRC versions to prepare new documents for the third party. Other contributions are more substantial.

Copyright 46

Copyright Copying Copyright Infringement Editing 46

43(B)log

FEBRUARY 24, 2021

NY, DC, WA are considering similar taxes so it’s a trend to watch. Substantiation of “regular” price claims is also a big issue. Williams-Sonoma: $1 million penalty and prohibition on unqualified US origin claims without being able to substantiate them. Maryland: First ever digital advertising tax, on gross receipts.

Advertising 40

Advertising Advertising Law Privacy 40

LexBlog IP

JANUARY 23, 2023

These new rules were accompanied by substantial guidance on their implementation (“ ASA Guidance ”), which provided examples of these types of persons, characters and activities. Squire Patton Boggs are experts in this topic, please contact Carlton Daniel , Mike Llewellyn , Ailin O’Flaherty or Jack Wood.

Advertising 52

Advertising Advertising Social Media Marketing 52

IP and Legal Filings

NOVEMBER 30, 2022

Trade in goods and services, investments, intellectual property, dispute resolution, e-commerce, small and medium-sized businesses, and economic cooperation are the main topics of discussion during the negotiations. It will also enable stronger investment activities and commitment in the East Asia region. Impact on the IPR Regime.

Intellectual Property 68

Intellectual Property Marketing Marketing IP 68

LexBlog IP

DECEMBER 15, 2023

If you’re interested in getting updates on developments affecting health information privacy and HIPAA related topics, we invite you to subscribe to the blog. Further, the actor must not discriminate by health care provider type and size, based on whether the requestor is an individual or whether the requestor is a competitor.

Licensing 40

Licensing Technology Blogging Publishing 40

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

The IPKat

JUNE 3, 2022

Joined cases Louboutin/Amazon , C-148/21 and C-184/21 are referrals for a preliminary ruling made in the context of highly similar proceedings pending before, respectively, Luxembourg’s Tribunal d’arrondissement (C-148/21) and Belgium’s Tribunal de l’entreprise francophone de Bruxelles (C-184/21). Let’s see how the AG reasoned.

Marketing 52

Marketing Marketing Advertising Advertising 52