IP and Legal Filings

APRIL 24, 2023

The Designs Act, 2000 (“the Act”), is a complete code in itself and protection under it is totally statutory in nature. It protects the visual design of objects that are not purely utilitarian. Designs are registered in different classes as per the Locarno Agreement. These classes are mainly function oriented.

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Designs Design Registration Law 75

IIPRD

NOVEMBER 14, 2023

Musical Arts, designs, pictures, software, material, and many other sorts of Intellectual Property can be transferred using an e-commerce platform in the digital age. There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. 21, Acts of Parliament, 2000 (India).

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Intellectual Property Due Diligence Journalism IP 59

Kluwer Copyright Blog

OCTOBER 3, 2023

The defendants’ wholesale collection and use of copyrighted material, with no option for copyright owners to opt out, would exceed the legal interpretation of “fair use” (see VHT vs Zillow Group , 918 F.3d 2000) (“ copying an entire work militates against a finding of fair use. ”). 4th 1149 (9th Cir. 3d 723, 743 (9th Cir.

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Fair Use Privacy Copyright Technology 134

SpicyIP

NOVEMBER 20, 2023

However, historically, the Act had no provisions to put in place any mechanism of sorts to deal with infringing copies of film being exhibited or distributed. Apart from the newly inserted sections, the whole scheme of the Act does not talk about copyright infringement or film piracy. 79(3)(b) of IT Act, 2000.

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Copyright Infringement Copyright Art Copying 64

CopyrightsWorld

FEBRUARY 15, 2021

Copyright infringement and how to stop it is a question in the minds of most of us these days. The DMCA’s principal was adopted by the European Union in the Electronic Commerce Directive 2000. Along with Google, most social media have their own services for copyright infringement and takedown requests.

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Copyright Infringement Licensing Social Media Copyright 75

Kluwer Copyright Blog

FEBRUARY 2, 2023

These include (and may be limited to) Hong Kong ( section 11(3), Copyright Ordinance ), India (section 2(d)(vi), Copyright Act, 1957 ), Ireland ( Art. Text and data mining There is wide disparity in the scope of exceptions in national copyright laws permitting copying for the use of training AI.

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Copyright Art Fair Use Registration 145

SpicyIP

NOVEMBER 15, 2022

The court further directed the authorities to look whether these DNRs ought to be permitted to continue to offer their goods and services in India, if they are not giving effect to orders the courts and not complying with the provisions of IT Act 2000, and the 2021 Rules. Comedian Vir Das, Netflix booked for copyright infringement.

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Trademark Patent Copyright Designs 105

IP and Legal Filings

SEPTEMBER 12, 2022

Cooper case, a work does not have to be entirely unique in order to be protected by copyright; rather, there needs to be some effort put into it and it cannot be a carbon copy of another person’s work. The lack of organisation and ambiguity make the protection problematic even if the work is copyrighted. Corel Corp.

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Art Copyright Artistic Work Public Domain 52

IIPRD

FEBRUARY 8, 2024

Copyright laws, for instance, vary from jurisdiction to jurisdiction. What constitutes copyright infringement in one country may not be in another. 1] , t he cloud service provider was not made liable even after abetting the infringement. It is designed as an Infrastructure as a Service (IaaS) platform. eBay Inc.

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Intellectual Property IP Government Technology 52

SpicyIP

NOVEMBER 16, 2023

Hulm Entertainment alleged Fantasy Sports had substantially copied its ‘original trading and stock features’ along with the graphical user interface (GUI) of their fantasy sports mobile application “Exchange22”. Apart from this, the court held that :- (i) copyright infringement hinges on the substantial similarity between competing works.

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Copyright Marketing Marketing Copying 59

Copyright Lately

OCTOBER 25, 2021

As the story goes, they provided him with a copy of a few scenes from “Ghostbusters” in which the theme would appear. But Lewis thought the song was a rip-off of “I Want a New Drug” and asserted a copyright infringement claim against Columbia Pictures. Cinema Secrets (2000). Skully Curly.

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Copyright Cinema Copying Copyright Infringement 144

SpicyIP

MAY 6, 2024

The MHC in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs clarified the role of the ‘person skilled in the art’ (PSITA) in determining non-obviousness. thus, the use of trademark “Serpenti” by the defendant for identical goods prima facie amounts to infringement under Section 29 of the Trade Marks Act, 1999.

Trademark 59

Trademark Invention Licensing Patent 59

Technology & Marketing Law Blog

FEBRUARY 13, 2023

A work is fixed in either a “copy” or a “phonorecord.” “Phonorecords” are defined as material objects in which only sounds are fixed, while “copies” are defined as material objects in which any other kind of work is fixed. [ 17 U.S.C. 101 ] Issue 1: Are the recorded interviews a copyright-eligible “work of authorship”?

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Copyright Blogging Publishing Fair Use 120