Kluwer Copyright Blog

OCTOBER 9, 2024

From 2000 until 2023, Bernt Hugenholtz acted as sole General Editor. The first ten volumes in the series are now available in searchable pdf format on a dedicated part of the IViR website. More volumes in the Series will be added to the online archive in due course. As from 2024, Professor Martin Senftleben is in charge of the series.

Law 75

Law Ownership Publishing Editing 75

SpicyIP

FEBRUARY 3, 2025

Prabha Sridevan, Judge, MHC (2000-2010) and Chairperson, IPAB (2011-2013) was recently interviewed by SpicyIP Doctoral Fellow Malobika Sen as part of her doctoral research. The Court noted that Kirloskar Proprietary Ltd, as the registered proprietor, had superior ownership rights compared to the plaintiffs status as a registered user.

Copyright 95

Copyright Litigation Trademark Copyright Infringement 95

Intepat

MARCH 13, 2025

DESIGN LAW AND ITS APPLICATION TO ARCHITECTURAL DESIGNS The Designs Act, 2000 is another important legislation in the Indian IP regime which affords an additional layer of protection to architectural designs. This raises questions of whether the current legal system of copyrights is sufficient to combat digital threats of infringement.

IP 52

IP Designs Design Artistic Work 52

IP and Legal Filings

MAY 10, 2024

Further Trademarks Act, 1999 and Designs Act, 2000 allow licensing of trademarks and designs respectively. Assignment of License is transfer of ownership. Where licensing is temporary, assignment is a transfer of IP rights like ownership over the invention. It allows for both voluntary and compulsory licensing.

Intellectual Property 105

Intellectual Property Technology Licensing Invention 105

Traverse Legal Blog

APRIL 19, 2022

The ACPA is a federal law that brought trademark enforcement to the internet in the year 2000. The ACPA was passed in 2000 to make it illegal for anyone except the trademark owner to register, use, or traffic in a domain name with a bad faith intent to profit. That was 1998. No GoDaddy. No escrows. No Versign.

Brands 140

Brands Branding Branding Trademark 140

IP and Legal Filings

JANUARY 23, 2023

Due to the recurrent copyright difficulties, which have a significant impact on an individual’s business interest, it is imperative to preserve the ownership rights of digital works. NFTs are governed by smart contracts, which divide ownership and limit transferability. iii] NFTs are limited to having a single owner.

Non-Fungible Tokens 98

Non-Fungible Tokens Copyright Intellectual Property Ownership 98

Technology & Marketing Law Blog

MAY 15, 2024

549, 555 (2000). at 1-2] At its heart, therefore, this case is a dispute about copyright ownership. The plaintiffs responded by moving for partial summary judgment on the issue of ownership, based on the presumption of validity that attaches to timely copyright registrations. Wood , 528 U.S. Accord Klehr v. Smith Corp. ,

Music 105

Music Blogging Copyright Ownership 105

The IPKat

FEBRUARY 11, 2024

The WIPO IGC was established in 2000. The Bill would vest ownership of traditional knowledge with the appropriate government of the territory where it is practiced (a suggestion that has received some criticism ), and then allows for "knowledge societies" to apply to the government to be recognised as custodians of the knowledge.

Intellectual Property 121

Intellectual Property Due Diligence Public Domain Government 121

IP and Legal Filings

OCTOBER 30, 2022

Jurisprudence has also established the doctrine of prior use as a basis for trademark ownership. 1, Series of 2008, the Cybercrime Prevention Act of 2012 and the Electronic Commerce Act of 2000. A certificate of registration may be defeated by evidence of prior use of the mark by another person.

Trademark 98

Trademark Intellectual Property Registration IP 98

CopyrightsWorld

FEBRUARY 15, 2021

The DMCA’s principal was adopted by the European Union in the Electronic Commerce Directive 2000. To do so, make sure that you have strong evidence of copyright ownership as you will need it when you engage in a legal dispute. . If not you should contact your lawyer or seek legal advice on how you should proceed. Conclusion.

Copyright Infringement 75

Copyright Infringement Licensing Social Media Copyright 75

IP and Legal Filings

MAY 17, 2024

Remedies Available under Existing Laws There are no specific laws that deal with the infringement of IP Rights of individuals whose identity has been impersonated through the use of Artificial Intelligence, but provisions of the IT Act 2000 and existing laws under the Trademarks Act, 1999 and the Copyright Act, 1957 come to the aid of the plaintiff.

Personality Rights 97

Personality Rights Intellectual Property Social Media Intellectual Property Law 97

IP and Legal Filings

FEBRUARY 16, 2024

The Indian market till 2000 witnessed some major mergers and acquisitions post that the global credit crisis took a blatant hit on many major economies of the world. Singapore Airlines which has equity of 49% in Vistara got ownership of a whopping 25% of the aforementioned combined merged entity.

Marketing 98

Marketing Marketing Business Ownership 98

IP and Legal Filings

OCTOBER 18, 2024

They emphasised that since 2000, the plaintiff has been aware of Southern Infosys Limited’s existence. This argument weakens the plaintiff’s claim of sole ownership of the trademark. The defendants argued that this omission was a tactic for inadequate disclosures to the court.

Trademark 104

Trademark Cease and Desist Brands Branding 104

IP and Legal Filings

MARCH 31, 2023

In 2000, the plaintiff had penned down a screenplay involving pirates and their adventures. Once ownership is proved, he is required to furnish evidence regarding the defendant’s access to that work. The defendants were provided with a copy of the screenplay. However, they declined to purchase the film rights in the screenplay.

Copying 95

Copying Cinema Public Domain Copyright 95

Kluwer Copyright Blog

MAY 30, 2024

In the EU, Article 4(2) of the InfoSoc Directive specifically addresses exhaustion, stating that the distribution right of the copyright holder is exhausted within the EU after the first sale or other transfer of ownership of a copy of a work with the rightholder’s consent.

Copyright 124

Copyright Copyright Law Business Intellectual Property 124

Intepat

NOVEMBER 20, 2023

The advantages of registered copyrights over unregistered ones are evident: Public Record of Ownership: Registration serves as a public record, enhancing the authority and confirming ownership to the creator. Clarity in Ownership Disputes: Over time, courts have faced challenges in adjudicating ownership and originality disputes.

Registration 52

Registration Copyright Ownership Public Domain 52

The IPKat

AUGUST 2, 2024

These marks were identical to the ones used by the Club since its formation, with the word mark adopted in 1984 and the logo from 2000. Therefore, beyond a prior written agreement to that effect, individual members cannot claim ownership of the marks. Instead, this provision refers to the motive or intention of the trademark applicant.

Registration 64

Registration Ownership Trademark Law 64

Technology & Marketing Law Blog

JULY 25, 2022

It’s copyright infringement because an exclusive license is a transfer of copyright ownership. And the Copyright Act specifically defines a “transfer of copyright ownership” to include an “exclusive license … whether or not it is limited in time or place of effect.” 17 U.S.C. § The Ninth Circuit held that the discovery rule applied.

Blogging 98

Blogging Copyright Licensing Copyright Infringement 98

Intepat

JUNE 13, 2024

According to the Indian Design Act of 2000, only those designs that are functional or used as artistic or property marks are not eligible for protection. Section 22(1) of the Design Act of 2000 addresses the issue of pirated designs and specifies the circumstances that would constitute such piracy.

Designs 52

Designs Design Brands Branding 52

The TTABlog

JULY 13, 2021

Applicant pointed to its ownership of registrations for ELDORADO HOTEL CASINO RENO in standard character form and in the word-plus-design form shown below, for cabaret shows and hotel and restaurant services. The prior registrations were issued in 1999 and 2000 and so were not vulnerable to a Section 2(d) challenge.

Registration 52

Registration Designs Design Ownership 52

The IPKat

JULY 18, 2021

The report also urged Universal and Warner to waive unrecouped debts of legacy contracts, in line with some independent labels which already had a policy of forgiving debts after a certain period of time and since giving evidence in the inquiry Sony announced that it would pay through on existing unrecouped balances for deals made before 2000.

Music 139

Music Contracts Reporting Government 139

The IPKat

SEPTEMBER 21, 2022

Janna Smith and Valentina Niess took a deeper dive into the IP issues in the metaverse discussing among other things issues of ownership and the current flurry of metaverse/NFT related litigation, as well as the proper filing strategies in different countries to protect trademarks in the metaverse.

IP 78

IP Reporting Designs Design 78

IP and Legal Filings

JANUARY 10, 2023

The ownership would simply be transferred from the existing real world to the virtual world or the companies and individuals would need to register their trademarks again. Entertainment 2000 Inc. Entertainment 2000 Inc. At presently there is a classification of trademarks that can be used in the Metaverse. In the case of E.S.S

Intellectual Property 59

Intellectual Property Invention Trademark Government 59

IP and Legal Filings

FEBRUARY 7, 2023

In contrast, NFTs and brands in the metaverse bring unique ownership considerations. Information Technology Act of 2000, Section 10A.) Brand owners who want to be successful in the Metaverse should consider the advantages and hazards of intellectual property ownership.

Trademark 98

Trademark Non-Fungible Tokens Brands Branding 98

LexBlog IP

DECEMBER 6, 2022

It is a fact that they do not provide anything like a formal ownership/right title, it is also a fact that they are set forth by the law, and therefore they may be judicially enforced by alternative ways of action.

Patent 52

Patent Confidentiality Invention Government 52

Patently-O

MAY 2, 2022

The Facts : On February 7, 2000 , the inventor’s company (MCE) offered to sell and install a butane-blending system to Equilon. The proposal expressly stated that “ownership and title to the Equipment” would be conveyed.

Invention 83

Invention Contracts Licensing Inventor 83

The TTABlog

DECEMBER 5, 2022

In 2000, the marks were assigned to another company, and the registrations were cancelled in 2016 and 2018, respectively. has been making and selling backpacks since 2000, but apparently not under the DANA DESIGN mark. In 1992, the company registered the mark DANA DESIGN and in 1997 it registered the silhouette design shown above.

Designs 49

Designs Design Registration Trademark 49

Kashishipr

AUGUST 2, 2021

Goods or items produced outside Bangladesh involving infringement of the Copyright Act, 2000 or infringement of layout design of integrated circuits that are intended for sale or use for commercial purposes within the territory of Bangladesh. 2000 in favor of the Commissioner of Customs of the opted location. Demand draft of Rs.

IP 105

IP Intellectual Property Registration Registering Trademarks 105

Indiana Intellectual Property Law

SEPTEMBER 15, 2021

In addition to being a world-renowned rose and receiving numerous awards, the INGRID BERGMAN rose was apparently inducted into the World Federation of Rose Societies’ Rose Hall of Fame in 2000. Poulsen claims the Mark, protected under U.S. Federal Trademark Reg. 2,990,814 (the “‘814 Registration”), has been used in U.S. Pursuant to 15 U.S.C.

Trademark 40

Trademark Brands Branding Branding 40

IIPRD

FEBRUARY 8, 2024

Statutes such as the Integrated Goods and Service Act 2017 [10] , Trade-Related Aspects of Intellectual Property (TRIPS) [11] , the Information Technology Act of 2000 , Rules on Information Technology 2011 [12] , and judicial developments are acknowledging activities and infringements in the cloud. 21, Acts of Parliament, 2000 (India). [1]

Intellectual Property 52

Intellectual Property IP Government Technology 52

IP and Legal Filings

NOVEMBER 9, 2022

Layered by the blockchain, cryptocurrency and NFT driven Web3 technology whose decentralised approach allows buyers total ownership over their purchases in the virtual universe, the Metaverse has been steadily gaining financial, cultural and social traction in the world.

Contracts 52

Contracts Law Technology Privacy 52

IPilogue

JANUARY 14, 2022

Copyright Ownership of Movies and Films in Canada: Who’s on First? 2000 SCC 66 at para. Giuseppina D’Agostino. IP Innovation Clinic ChatBot Launch Event by Bonnie Hassanzadeh. The Reasonable Robot by Ryan Abbott: Legally regulating AI–is it obvious? By Meena Alnajar. David Vaver. Western Oilfield Equipment Rentals Ltd.

IP 105

IP Copyright Infringement Inventor Intellectual Property 105

The TTABlog

DECEMBER 21, 2021

According to Section 2(d), Australian was required to show ownership of a mark "previously used in the United States. He conducted clinical trials in 2000 and manufacturing began in 2002-2003. equally oxymoronic? - and not abandoned." He developed his own formula for a lubricant, as well as special packaging.

Registration 53

Registration Contracts Advertising Advertising 53

IP and Legal Filings

SEPTEMBER 12, 2022

After using a fragment of the imagery from the advertising in his painting, Koons gave the image new significance in his 2000 piece Niagara. Ownership of Copyright. Ownership under employment. The author of the work will however not have the ownership of the art in case they are employed under an authority.

Art 52

Art Copyright Artistic Work Public Domain 52

IIPRD

SEPTEMBER 17, 2021

A trademark, on the other hand, exclusively identifies a product as belonging to a specific company and recognizes the company’s ownership of the brand. Although, it was also capable of being registered as a design under the Designs Act, 2000. Deciding what protection, a limited-edition product needs can be tricky.

Editing 52

Editing IP Artistic Work Designs 52

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 9, 2022

Indeed, the Max Sound saga discussed above is a prime example of the muddy waters that surround patent ownership and financial interests. Ultimately, both reforms may be necessary to more effectively achieve Section 285’s policy purpose of deterring, as the Federal Circuit wrote in the 2000 Automated Business Cos. ”[22].

Patent 52

Patent Litigation Patent Infringement Inventor 52

SpicyIP

NOVEMBER 20, 2023

79(3)(b) of IT Act, 2000. I’ve also pointed out that they are not required to hold any hearing in reaching a decision and not required to ask for proof of ownership of copyright. If the intermediary does not comply with the request, it will risk losing ‘safe harbour protection’ under Sec.

Copyright Infringement 64

Copyright Infringement Copyright Art Copying 64