IP and Legal Filings

JANUARY 15, 2024

In order to guarantee employment safety and support for employees during maternity, paternity, and family-related conditions, two historic pieces of legislation—the Maternity Benefit Act of 1961 in India and the Family and Medical Leave Act (FMLA) in the USA— were passed.

Law 88

Law Government Publishing Business 88

The IPKat

DECEMBER 26, 2022

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 ]. Background The facts of this case are relatively simple. On 18 March 2019, a counterfeit seizure was carried out.

Law 95

Law Copyright Infringement Moral Rights Copyright 95

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). The core facts of the case are rather simple.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

IPilogue

DECEMBER 10, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. The order was given under various conditions, including the defendants must agree to submit themselves to the jurisdiction of the U.K. The defendants were given to file their decision regarding acceptance of the conditions of the order.

Copyright Infringement 111

Copyright Infringement Copyright Public Domain Ownership 111

The IPKat

SEPTEMBER 30, 2023

Conditions and application form available here. The lecture will consider the topic of Generative AI and Author Remuneration. The annual award is given to the writer of the best essay relating to authors’ right. The essay should have a European dimension and include elements related to the collective management of authors’ right.

Intellectual Property 67

Intellectual Property Intellectual Property Management Editing IP 67

Technology & Marketing Law Blog

JULY 14, 2022

Given how rarely TOS amendments use clickthroughs, this opinion could anticipate the widespread failure of TOS amendments if it’s the final word on the topic. The email also included multiple bullet points describing changes being made to the TOS, including: We’re adding an arbitration section to our updated Terms of Service.

Contracts 108

Contracts Blogging Business Law 108

Intellectual Property Law Blog

MAY 2, 2023

Some of these issues are specific to doing business with the government and others are broader issues that all companies face when using AI, and generative AI (GAI) in particular. This rapid increase in the use of AI creates a number of legal issues, some of which are addressed below. If you have not done so yet, now is a good time to get started.

Government 237

Government Business Licensing Copyright 237

LexBlog IP

DECEMBER 26, 2023

There have been some court decisions on this precise topic, but the law is not completely settled. If you’re using an online logo generator, such as the one in Canva, a very popular online program for creating all kinds of visual projects, or Logo.com, you need to look at the license terms of the software.

Designs 52

Designs Design Trademark Copyright 52

IP and Legal Filings

FEBRUARY 26, 2023

This code not only covers the organized sector of the Indian Economy, but also fends for the unorganized sector, gig workers as well as platform workers; thereby expanding its scope to almost every contributor of the Gross National Product.

Government 87

Government Journalism Law IP 87

Trading Secrets

JUNE 9, 2023

The relevant text proscribes noncompetition covenants which “restrict a provider of health care employed by or contracted with a hospital in [Nevada] from providing medical services at another medical facility or office during or after the term of the employment or contract.” As indicated, section 7.8

Contracts 59

Contracts Government Law 59

SpicyIP

JUNE 19, 2022

we analysed the term “IPR’ and perused its app(e)alling aspects; (2.) interrogated ‘intelligence’ of IPR and noticed how indefinite the term intelligence is; (3.) Class 1 taught me that the term IP is full of divergence, and can make us ignore whether the umbrella term IP ushers in (non)sense. Misunderstanding Rights 101!

IP 119

IP Fair Use Invention Copyright 119

Kluwer Copyright Blog

FEBRUARY 8, 2024

First, there is the Design Directive which harmonizes the main material aspects of registered design law within the EU, such as the definitions, conditions and scope of protection. In the Commission’s proposal , the so-called Repair Clause is the hottest topic. This amounts to more than 16 kg of e-waste per capita per year.

Designs 73

Designs Design IP Art 73

LexBlog IP

JUNE 9, 2023

The relevant text proscribes noncompetition covenants which “restrict a provider of health care employed by or contracted with a hospital in [Nevada] from providing medical services at another medical facility or office during or after the term of the employment or contract.” As indicated, section 7.8

Contracts 52

Contracts Government Law Intellectual Property 52

SpicyIP

MAY 16, 2023

The report claims that the unique characteristics of the patent case management by courts have deep connections with the overall conditioning (normative, structural and socio-economic) of the respective jurisdiction. The report dedicates individual chapters on at least 9 of top 15 economies (by GDP metric ) in the world.

Patent 105

Patent Reporting Intellectual Property Law 105

Kluwer Copyright Blog

JANUARY 17, 2024

On the topic of authorship, it could be argued that someone (one person or a group of persons) will still have high-level control of the training process, and that control could be enough to attribute authorship. No one individually writes or encodes these models; they are generated through an automated process of training.

Copyright 80

Copyright Database Right Music Intellectual Property Law 80

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. In simple terms, Article 17 incentivizes certain platforms to filter content uploaded by users to comply with their “best efforts” obligations to deploy preventive measures against infringing content.

Public Domain 52

Public Domain Licensing Copyright Law Copyright 52

43(B)log

DECEMBER 20, 2021

Challenged claims include: Defendant’s frankincense oil “promotes feelings of relaxation & tranquility”; Defendant’s lavender oil “promote[s] feeling of calm and fight[s] occasional nervous tension’ and has ‘balancing properties that calm the mind and body”; Defendant’s peppermint oil “helps to maintain energy levels when applied topically.”

Advertising 90

Advertising Advertising Blogging False Advertising 90

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 104

Social Media Free Content Intellectual Property Privacy 104

SpicyIP

JULY 3, 2022

i.e. pre-break session, we discussed what an IP ‘Right’ is and checked whether it is a meaningless term which presumes the presence of a singular right. In this class, we will continue our reverie-ish raking of ‘R- Right’ in IPR to see how the overlapping meanings of the term ‘Right’ can obscure our understanding. Image from here. (

IP 119

IP Intellectual Property Government Invention 119

Velocity of Content

SEPTEMBER 22, 2022

And little bit of updated information on the topics we covered: * Psychology, in particular, seems to have a replicability problem ; even outside of psych, everyone knows that bad papers are still getting published (and they may even have a discoverability advantage ).

Publishing 98

Publishing Journalism Reporting Designs 98

LexBlog IP

SEPTEMBER 20, 2022

For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. And outside this country, the European Data Protection Board issued some interesting guidelines on the topic. And outside this country, the European Data Protection Board issued some interesting guidelines on the topic.

Reporting 52

Reporting Privacy Advertising Advertising 52

Patently-O

MARCH 31, 2024

The majority of these factors are associated with what might be termed the “prima facie” obviousness case that focuses on directly comparing the most relevant prior art against the invention as claimed. The case, Inline Plastics Corp. Lacerta Group, LLC , No. 2022-1954 (Fed. See Graham v. John Deere Co. ,

Invention 57

Invention Copying Licensing Art 57

Technology & Marketing Law Blog

OCTOBER 5, 2021

Tanner commented “this guy sucks,” but the post “contained no profanity, and it was on topic with the substance of the post.” “While not entirely on topic, this comment also abided by the page’s terms and conditions.” That person would post again or complain, as Tanner did.

Social Media 106

Social Media Government Designs Design 106

Traverse Legal Blog

APRIL 17, 2021

You have been reading about them all over the news, they’re the hottest topic in tech right now, especially in the blockchain space. What are the terms by which you are selling the NFT and licensing your work, the art you put into the platform that’s going to be attached to the NFT? Let’s talk about it.

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

IP and Legal Filings

MARCH 6, 2023

Doping may seem like a sophisticated and quick way to beat the competition, but it has horrifying long-term adverse effects. Doping in competitive sports is a controversial topic since it undermines fair play and sportsmanship at its core. It is wrong on both moral and ethical level.

Law 80

Law Government IP 80

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. The plaintiff gets an expensive lesson in the law of derivative works. * * * UIRC offers bonds using a private placement memorandum (PPM) and an indenture of trust. UIRC retained William Blair to help promote its bonds.

Copyright 46

Copyright Copying Copyright Infringement Editing 46

Velocity of Content

DECEMBER 9, 2021

Although final terms and conditions won’t be finalized until late 2021 for articles and 2022 for books, here are five things you ought to know: 1) Embargoes are out, immediate OA is in. Editor’s Note: This original post is by Victoria Ficarra and Rob Johnson of Research Consulting for Scholarly Kitchen. Scholarly Kitchen).

Journalism 98

Journalism Publishing Licensing Editing 98

IP and Legal Filings

MARCH 7, 2022

In simple terms, trademark infringement occurs when the owner’s exclusive right is breached. Certain conditions are not deemed trademark infringement under Section 30 of the Trademark Act. As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement.

Trademark 63

Trademark Law Registering Trademarks Branding 63

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. from Audible Magic or Pex ).

Technology 96

Technology Marketing Marketing Copyright 96

IP and Legal Filings

MARCH 7, 2022

In simple terms, trademark infringement occurs when the owner’s exclusive right is breached. Certain conditions are not deemed trademark infringement under Section 30 of the Trademark Act. As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement.

Trademark 59

Trademark Law Registering Trademarks Branding 59

The IPKat

FEBRUARY 23, 2023

In that regard, punitive damages for IPRs infringements have found their places in, but not limited to, China’s Civil Code (CCC), Copyright Law, Trade Mark Law and Patent Law (see former IPKat posts here and here ). Notably, ‘intentionally’ and ‘serious circumstances’ are the two key elements.

Settlement 70

Settlement Patent Infringement Patent Intellectual Property 70

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 clause requiring the work’s originality is the primary condition for copyright protection of any work. The issue of two persons producing similar work is not a barrier to it becoming the topic of literary writing.

Art 52

Art Copyright Artistic Work Public Domain 52

LexBlog IP

MAY 2, 2023

Some of these issues are specific to doing business with the government and others are broader issues that all companies face when using AI, and generative AI (GAI) in particular. This rapid increase in the use of AI creates a number of legal issues, some of which are addressed below. If you have not done so yet, now is a good time to get started.

Government 52

Government Business Copyright Licensing 52

LexBlog IP

OCTOBER 13, 2021

Legal forms of CMOs. In this case, certain deviations from the law on cooperatives (Law 1667/1986) are explicitly provided for in article 8(3) of Law 4481/2017 – for example, that: the operation of such cooperatives is possible on a panhellenic level; both natural and legal persons can participate as members of the cooperatives; and.

Related Rights 98

Related Rights Licensing Law Copyright 98

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

[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. iii] This tension between state and federal law presents obstacles for cannabis entrepreneurs. THC from Schedule I.

IP 52

IP Registration Trademark Branding 52

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. In particular, Article 4 CDSM Directive contains a so-called “commercial” TDM exception, which provides an “opt-out” mechanism for rights holders. There is room for improvement on both.

Copyright 138

Copyright Fair Use Copyright Law Law 138

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. But no such luck for Abbott, " regret[tably] ".

Litigation 98

Litigation Patent Marketing Marketing 98