Kluwer Copyright Blog

JUNE 21, 2021

Article 17 Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (“DSM Directive”) is currently being implemented into national law in the EU Member States. 3 Directive 2001/29/EC on the harmonization of certain aspects of copyright and related rights in the information society (“InfoSoc Directive”).

Art 85

Art Law Related Rights Marketing 85

43(B)log

DECEMBER 20, 2022

From PR newswire, apparently a still from the 2001 film registered trademark For the 2001 Documentary, Monbo “organize[d] a group of highly skilled dirt-bike riders” to participate in a scripted film “that would highlight the exploits of an ostentatious group of dirt-bike riders in Baltimore called 12 O’Clock Boyz.”

Fair Use 52

Fair Use Trademark Copyright Editing 52

Copyright Lately

MARCH 31, 2024

Video game publisher Atari Interactive has launched a copyright infringement lawsuit against State Farm, claiming that the insurer improperly appropriated artwork from Atari’s 1983 arcade game “Crystal Castles” for an advertising campaign as part of a “cynical plot” to resonate with fickle millennial and Gen Z consumers.

Copyright 86

Copyright Fair Use Social Media Artwork 86

The IPKat

JANUARY 25, 2024

Background In 2010, Buongiorno Myalert SA (Buongiorno), an Italian mobile apps and services provider, launched an advertising campaign for a paid subscription to a multimedia messaging service, marketed under the name ‘Club Blinko’.

Advertising 69

Advertising Advertising Law Marketing 69

IP and Legal Filings

SEPTEMBER 30, 2024

The technological advancement that came in country is attracting a lot of new players in the market especially those who are involved in real money gaming such as poker, where the financial risks are real and very high and because of which many people are loosing money. One of the main reason for rise in online gaming is impact of COVID-19.

Government 102

Government Law Marketing Marketing 102

SpicyIP

JANUARY 2, 2022

The suit concerned agreements dating back to 2001 between IPRS and ENIL regarding broadcasting music in certain cities. The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets.

IP 143

IP Intellectual Property Trademark Copyright 143

Kluwer Copyright Blog

NOVEMBER 17, 2021

Germany has regulated exploitation rights, as harmonised under European law in Articles 2 to 4 of the InfoSoc Directive (2001/29), in Sections 15 to 22 UrhG. The right of distribution, as set out in European law in Article 4(1) of the InfoSoc Directive (2001/29), is found in Germany in Section 17(1) UrhG.

Law 52

Law Copyright Television Copyright Infringement 52

Kluwer Copyright Blog

SEPTEMBER 1, 2021

music synchronised in an advertisement) and adaptations (e.g. 5(3)(k) of Directive 2001/29/EC “ (discussed here ); the essential characteristics of parody are the following: A parody must evoke an existing work. A composite work is therefore a derivative work, i.e. simple incorporations (e.g. The parody defence.

Derivative Work 111

Derivative Work Copyright Law Copyright Law 111

Technology & Marketing Law Blog

MAY 11, 2022

Note: I’ve often told the story of how Epinions implemented COPPA in 2001. The bill makes numerous classifications/distinctions that are likely to trigger strict scrutiny: regulating “user generated content” more restrictively than other types of content, including professionally produced content and advertising.

Social Media 145

Social Media Privacy Law Government 145

The IPKat

SEPTEMBER 24, 2021

Background In July 2001, an EU trade mark application was filed for the word sign ‘Vita’ for certain Class 9 goods, and later registered in September 2005. Genuine use must also be shown by way of solid and objective evidence of effective and sufficient use of the trade mark in the market concerned. Let’s see what happened.

Marketing 59

Marketing Marketing Ownership Advertising 59

43(B)log

AUGUST 18, 2021

were valid and infringed, but the latter wasn’t counterfeited; SMRI’s dilution victory was vacated, but not its victories on deceptive trade practices, ACPA, false advertising, and unfair competition. During this period, defendants continued to grow and develop their inventory and marketed “Sturgis” and “Sturgis Motor Classic” rally products.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

Garrigues Blog

FEBRUARY 5, 2024

Buongiorno was an internet and mobile telephone network provider that, in 2010, launched an advertising campaign for a paid subscription to a messaging service for receiving content via SMS. regarding the use of the ZARA trademark. We will examine the impact of the ruling in cases involving the use of third-party trademarks.

Trademark 59

Trademark Trademark Law Advertising Advertising 59

SpicyIP

JUNE 13, 2024

Mountain Valley Springs, the plaintiff, has been marketing its products under the trademark (TM) “Forest Essentials” since 2000, claiming extensive reputation and goodwill, especially for their Ayurvedic products, including a baby care segment launched in 2006. Case Overview: What were The Parties even Fighting for? Ultimately, J.

Branding 56

Branding Branding Brands Marketing 56

Kluwer Copyright Blog

NOVEMBER 22, 2021

The exception provisions harmonised in Article 5 of the InfoSoc Directive (2001/29) are regulated in Germany in Sections 44a – 63 UrhG. The freedom of panorama, regulated in European law under Article 5(3)(h) in conjunction with (4) of the InfoSoc Directive (2001/29) is found in German law under Section 59 UrhG.

Related Rights 52

Related Rights Law Copyright Copying 52

SpicyIP

DECEMBER 12, 2023

Chetanbhai Shah & Ors (2001 case) and held that where a case of prima facie passing off is made out, the Court ought to grant an immediate ex-parte injunction. But the facts pertaining to its market share indicate that the mark has achieved distinctiveness. The Court referred to the Supreme Court judgment in Laxmikant V.

Trademark 59

Trademark Branding Branding Brands 59

Kluwer Copyright Blog

NOVEMBER 24, 2021

Section 95a UrhG stipulates that technical measures employed for the protection of a copyrighted work or protected subject matter may not be circumvented without the authorisation of the rightholder, Section 95a UrhG being the transposition into German law of Article 6 of the InfoSoc Directive (2001/29).

Contracts 98

Contracts Copyright Law Cease and Desist 98

The TTABlog

JANUARY 26, 2022

However, Integra did not put these number in context; for example, it did not provide any information regarding its market share, number of customers, or frequency of use in an average laboratory. Nor did it provide any advertising figures, or an proof of "look for" advertising. TrafFix Devices Inc. Displays Inc., 10 (1982)).

Advertising 40

Advertising Advertising Copying Trademark 40

Garrigues Blog

SEPTEMBER 29, 2021

Particularly, when the Trademark Law 17/2001, of 7 December 01 does not contain any specific limitation that covers this type of “incidental ” use of third party trademarks in the context of audiovisual programs, and the case law addressing this issue is patently wanting and inconclusive. Supreme Court Judgment no.

Trademark 52

Trademark Trademark Law Television Registering Trademarks 52

Biswajit Sarkar Copyright Blog

JANUARY 19, 2022

In that case, Google was using the plaintiff’s (Bharatmatrimony) trademark for advertising the websites of other matrimonial sites. The Respondent had registered their own domain name as www.siffynet.com and www.siffynet.net in 2001 and was providing a similar service. This is because there were several factual questions in dispute.

Registration 52

Registration Trademark Cinema Business 52

Technology & Marketing Law Blog

DECEMBER 13, 2023

2001), the court found that: if the promise [in a contract] amounts only to a promise to refrain from reproducing, performing, distributing or displaying the work, then the contract claim is preempted. Guest Blog Post) appeared first on Technology & Marketing Law Blog. In Wrench Ltd. Taco Bell Corp. , 3d 446 (6th Cir. TOU at 6-7.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

LexBlog IP

JULY 5, 2022

The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. As with all intellectual property tools, careful consideration should be taken when assessing a particular product’s copyright status. ” [8]. 844, 850 (1982)). [21]

Intellectual Property 52

Intellectual Property Design Patent Design Designs 52

Above the Fold

JULY 5, 2022

The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. As with all intellectual property tools, careful consideration should be taken when assessing a particular product’s copyright status. Scenario 2: Protecting Novel Designs by Patent.

Intellectual Property 40

Intellectual Property Design Patent Design Designs 40

IP Whiteboard

NOVEMBER 18, 2020

Gleeson J stated that the circumstances and available evidence did no support an order by the court that the Disputed Numbers be transferred to Manly Cabs under section 90-15 of Schedule 2 of the Corporations Act 2001 (Cth). For example, the majority of the Panel in Inbound Telecommunications Pty Ltd, Phonename Marketing Australia Pty Ltd v.

Branding 40

Branding Branding Brands Business 40

SpicyIP

MARCH 11, 2024

The plaintiff has registered its “Social” trademark and states to have invested considerably in its advertisement from 2001-2023. Hmd Mobile India Private Limited vs Mr Rajan Aggarwal & Anr on 28 February, 2024 (Delhi High Court) The dispute pertained to a copyright registration granted by the Board to an idea.

Trademark 59

Trademark Registration Copyright Patent 59

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 19, 2021

would be “in furtherance of the offense” of misappropriation, and since the plaintiff established at trial that the defendants advertised, promoted, and marketed the products embodying the allegedly stolen trade secrets inside the U.S., Since “use” of the trade secret inside the U.S. DTM Research, L.L.C. AT & T Corp.,

Patent Application 40

Patent Application Law Patent Publishing 40

Technology & Marketing Law Blog

OCTOBER 29, 2023

“a provider such as Google can filter spam, including marketing emails, as ‘objectionable’ material under section 230.” 4th 684, 698 (2001). The RNC is free to solicit funds through different channels, to pay for advertising space within Gmail, or to work towards crafting emails which are not recognized as spam.”

Marketing 124

Marketing Marketing Social Media Law 124

IP and Legal Filings

APRIL 4, 2023

More and more Indian women are entering the workforce and working in business enterprises, banking, trade, international forums, and multi-national careers such as advertising and fashion, and have proven their worth as legislators, bureaucrats, judges, lawyers, doctors, engineers, accountants, and so on.

Law 98

Law Government Advertising Advertising 98

LexBlog IP

NOVEMBER 30, 2022

2001), which itself carried on the notion described in Publications International, Limited, v. Head , 178 F. 2d 758, 764 (S.D. ” Belford, Clarke & Co. ” There has also been continued attention to the protection of food presentation, or plating, as a potentially protectable artistic interest beyond the recipe itself.

IP 52

IP Intellectual Property Fair Use Trademark 52

The IPKat

FEBRUARY 10, 2025

For advertisers, hes created JACQUEMUS handbags driving through Paris and a giant MAYBELLINE mascara wand applying mascara to the surreal eyelashes of a New York train and a London bus. In this decision, the inclusion formed a central aspect of the allegedly infringing work from a marketing point of view.

Artistic Work 59

Artistic Work Advertising Advertising Copyright 59

Patently-O

DECEMBER 12, 2021

21] Under this test, Ginger Rogers and the estate of Fred Astaire could not prevent a filmmaker from using the title “Ginger and Fred” in a fictional film because the use was “clearly related to the content of the movie and is not a disguised advertisement for the sale of goods or services or a collateral commercial product.” [22]

Registration 69

Registration Government Advertising Advertising 69