Technology & Marketing Law Blog

MAY 15, 2024

In so holding, however, the Court declined to resolve the logically antecedent question of whether the discovery rule applies to the three-year copyright statute of limitations, finding “that issue is not properly presented here, because Warner Chappell never challenged the Eleventh Circuit’s use of the discovery rule below.” Nealy , No.

Music 105

Music Blogging Copyright Ownership 105

Technology & Marketing Law Blog

JULY 25, 2022

Eleven days ago, the Ninth Circuit reaffirmed that: (1) the discovery rule of accrual applies to the Copyright Act’s three-year statute of limitations; and (2) when the discovery rule applies, the copyright owner is not limited to damages for acts occurring within three years before the date of filing the lawsuit. July 14, 2022).

Blogging 98

Blogging Copyright Licensing Copyright Infringement 98

IIPRD

NOVEMBER 14, 2023

Both the e-platforms and sellers have to take initiatives wherein the sellers need to register their products for trademark, copyrights and patents while the platforms have to exercise strict no-tolerance policy in case of infringements. The exception here is that due diligence must be exercised by them.

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

IP Intelligence

JUNE 3, 2024

In affirming the Eleventh Circuit’s ruling, the Supreme Court confirmed that a plaintiff that timely files a copyright claim under the discovery rule can recover damages for infringement that occurred more than three years prior to filing the lawsuit. In order to proceed, Nealy had to show that his copyright infringement claims were timely.

Music 52

Music Copyright Copyright Infringement Due Diligence 52

Selvam & Selvam Blog

MARCH 28, 2022

Moreover, the provisions of Section 142 are not applicable if the registered user of the mark had exercised their due diligence under Section 52(1) and are instituting proceedings to rightfully secure their rights in the mark, against the registered proprietor.

Cease and Desist 40

Cease and Desist Trademark Due Diligence Intellectual Property 40

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. The mere fact that the respondent operates in India and has servers in India empowers Indian courts to deal with copyright disputes to address this matter. “ eBay Inc. [1]

Intellectual Property 52

Intellectual Property IP Government Technology 52

SpicyIP

MAY 6, 2024

The Court held that plaintiff has made out a clear prima facie case; that the plaintiff has the necklace registered in Italy and since India is a member of Berne Convention for the Protection of Literary and Artistic Works, under Section 40 of the Copyrights Act, 1957 the registration in Italy can prove copyright infringement in India.

Trademark 59

Trademark Invention Licensing Patent 59

IP and Legal Filings

DECEMBER 6, 2024

However, it has also posed severe legal problems, particularly in copyright issues. As the content becomes more accessible and shareable through digital platforms, there is an increased possibility of unlawful use, infringement, and piracy, and this has resulted in a complicated web of copyright conflicts.

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Copyright Intellectual Property Social Media Television 52

IP and Legal Filings

NOVEMBER 15, 2024

Other legislations include the Information Technology Act, 2000 and Prize Competition Act, 1955. It also introduces a due diligence process under Rule 3 and 4 which the Online Gaming Industry has to comply to. Intellectual Property Acts Acts like the Copyright Act,1957, The Trademark Act, 1999, Patents Act, 1970, etc.

Advertising 98

Advertising Advertising Law Due Diligence 98