Kluwer Copyright Blog

JULY 27, 2022

Almost 3 years after the adoption of the Digital Single Market ( Directive (EU) 2019/790 ) (CDSM Directive), its transposition by the Member States (MS) has proved to be a significant challenge. Source: European Copyright Society. MS should be vigilant that the public interest and the harmonizing goal sought by Article 5 is duly satisfied.

Copyright 98

Copyright Marketing Marketing Copyright Law 98

SpicyIP

JULY 14, 2021

Olfactory marketing is not only employed by restaurants for their food, but is also often utilized in supplementing branding because just like a logo, it helps the consumer identify the experience associated with a service or product. To shed some light on this, one can refer to the 2001 judgement of Surya Roshni Ltd. Tahhira Somal.

Trademark 126

Trademark Registration Marketing Marketing 126

Kluwer Copyright Blog

JUNE 20, 2023

This doctrine has a significant effect on the economic vitality of the NFT industry, especially when it comes to ‘online exhaustion’ and the prospect of a secondary market in digital content. Firstly, in conformity with the CJEU’s 2012 UsedSoft case, the exhaustion doctrine applies to first sales of computer software copies.

Artwork 98

Artwork Contracts Ownership IP 98

IPilogue

FEBRUARY 28, 2023

At the request of De Fontbrune , in 1998, the police confiscated copies of Wofsy’s book, and De Fontbrune sued for copyright infringement. This, however, was reversed in 2001 with a ruling against Wofsy, who became responsible for 10,000 francs per infraction.

Fair Use 105

Fair Use Copyright Copyright Infringement Copyright Law 105

LexBlog IP

DECEMBER 15, 2021

Copyright Office and you find someone has infringed your copyright by copying substantial portions of your book. Can you prove that a license to produce the portions of your book has a fair market value for actual damages? Can you get a licensing fee as fair market value for actual damages for the copyright infringement?

Copyright Infringement 52

Copyright Infringement Copyright Licensing Registration 52

Olartemoure Blog

JULY 17, 2023

Barbie was created in 1959, and when she was 42 years old, in 2001, Bratz entered the scene. These new dolls captured about 40% of Barbie’s market share in five years, creating tension between Mattel and MGA.

Intellectual Property 52

Intellectual Property Contracts Design Designs 52

Kluwer Copyright Blog

OCTOBER 9, 2022

According to Article 16 EU DSM Directive 2019/790 (“DSM Directive”), a “publisher” may have a claim to a share of the author’s statutory remuneration claims – such as fair compensation for private copies – if the author has granted the “publisher” a right in his work. But who is this “publisher”?

Publishing 97

Publishing Music Copyright Law Marketing 97

Kashishipr

AUGUST 2, 2021

Intellectual Propriety (IP) rights holders are under the perpetual threat of counterfeit goods in the market that is growing exponentially with advancing technology and a surge in cross-border trade among countries. Hard copies of the documents uploaded in the online application are sent along with the UTRN to the Customs Office.

IP 105

IP Intellectual Property Registration Registering Trademarks 105

Olartemoure Blog

JULY 17, 2023

Barbie was created in 1959, and when she was 42 years old, in 2001, Bratz entered the scene. These new dolls captured about 40% of Barbie’s market share in five years, creating tension between Mattel and MGA. MGA alleged that Mattel had hired individuals to spy on toy designs and marketing plans.

Intellectual Property 52

Intellectual Property Contracts Design Designs 52

The IPKat

OCTOBER 15, 2023

The Swedish Patents and Market Court (first instance) held that the shape of the dining table was the result of the author’s own intellectual creation and therefore sufficiently original. The claim to copyright infringement prevailed and that court prohibited the Respondent from further manufacturing, marketing, and selling its dining table.

Art 70

Art Design Designs Marketing 70

IP and Legal Filings

SEPTEMBER 12, 2024

Apple had accused Samsung of copying the features of the iPhone, like the rounded-rectangle shape, home button, and the grid icon layout. The judgment made budget retailers realize the price they must pay for imitating established brands and stressed the virtue of originality in design, even within the lower end of the market. [3]

Branding 98

Branding Branding Brands Trademark 98

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

Technology & Marketing Law Blog

DECEMBER 13, 2023

Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. Copyright law forbids duplication, public performance, and so on, unless the person wishing to copy or perform the work gets permission; silence means a ban on copying. A copyright is a right against the world.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

Copyright Lately

MARCH 31, 2024

Its lawsuit reeks of an opportunistic attempt to profit from State Farm’s mistake rather than a legitimate effort to protect its copyright from real market harm. The de minimis defense isn’t often discussed in copyright opinions because lawsuits aren’t typically brought over relatively inconsequential instances of copying.

Copyright 83

Copyright Fair Use Social Media Artwork 83

Technology & Marketing Law Blog

JUNE 20, 2023

Similarly, when an artist lawfully creates a derivative work based on a photograph, and copies of that derivative work are reproduced and distributed to the public, ordinarily the owner of copyright in the photograph and the owner of copyright in the derivative work are entitled to royalties. . 36, because remote controls did not exist.)

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

IP and Legal Filings

JANUARY 30, 2023

It will enable the metaverse to run smoothly without any brand abusing and illegal copying of the existing IP owners. As the number of companies are increasing in the domestic and international markets the importance of Intellectual Property Rights (IPR) is also increasing. 2000 along with Design Rules 2001. The Design Act.

Intellectual Property 98

Intellectual Property Non-Fungible Tokens Trademark Copyright 98

Kluwer Copyright Blog

MARCH 21, 2023

The Orphan Works Database contains 6,031 works as of March 6th 2023, whereas a 2001 estimate showed for instance that up to 1.25 The narrow permitted uses, consisting of making copies for digitisation purposes and disseminating online via non-commercial websites are problematic. billion periodicals could be orphan works.

Copyright 105

Copyright Marketing Marketing Licensing 105

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

IP and Legal Filings

JUNE 12, 2023

Finding a differentiator in a field that is becoming more and more competitive, where the distinctions between original ideas and copies are frequently blurred, is crucial. billion in 2001 to USD 120 billion now. Intellectual property might be the solution. The trademark of Coca-Cola is its most valuable asset.

IP 98

IP Intellectual Property Trademark Design 98

Kluwer Copyright Blog

NOVEMBER 22, 2021

This personal intellectual creation is lacking if the photographs in question are “mere reproductions of other photographs” in which an original has been merely reproduced (copied) as closely as possible. If a copy of a computer program is published in the territory of the EU/EEA with the consent of the rightholder, Section 69 No.

Related Rights 52

Related Rights Law Copyright Copying 52

BYU Copyright Blog

MAY 1, 2023

Customers can purchase flashcards, sound graphics, and the SECRET STORIES book in different kits and sizes.The first Secret Stories book was registered with the Copyright Office on April 27, 2001. These illegal copies were made available (possibly to this day) to students and the general public through Springdale’s YouTube account.

Copying 40

Copying Intellectual Property Social Media Copyright 40

Selvam & Selvam Blog

DECEMBER 20, 2022

10000 (Approx US $200 as of 2001). So, it is advisable that business needs to adopt licenced copies of software or go with free open-source software that is available in the market. For instance, a single licence of Windows XP for a single device was costing around Rs.10000 100 – Rs.150 150 (approx. US$ 2) respectively.

Business 52

Business Intellectual Property Copyright Copying 52

Patently-O

JANUARY 20, 2023

Some of the most beloved fixtures of the genre—time machines, faster-than-light space travel, teleportation, downloading memories, copying a consciousness, etcetera—are impossible or not yet possible when described by the author. Inventors’ autobiographies, interviews, speeches, and marketing efforts can reveal clues.

Patent Law 96

Patent Law Law Inventor Patent 96

LexBlog IP

JULY 5, 2022

In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] 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. Scenario 2: Protecting Novel Designs by Patent.

Intellectual Property 52

Intellectual Property Design Patent Design Designs 52

LexBlog IP

AUGUST 30, 2023

The third defendant was licensed to produce and market the disputed foods and spices under its own name and at its own expense, paying a fixed fee to the plaintiff for each individual product sold. It held that taste cannot be characterised as a “work” under directive 2001/29 (DEC C- 310/2017 in T N P LAW).

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

Kluwer Copyright Blog

MAY 30, 2022

Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). Image via needpix. Within 60 days from the entry into force of Article 43bis l.aut., To date, the decree has yet to be drafted. The most dangerous aspect, however, is the negotiation scheme.

Publishing 59

Publishing Law Contracts Licensing 59

IP and Legal Filings

JUNE 27, 2022

To reproduce, store, issue copies to public, perform, communicate, and make translation or adaptation of the work. Benefits of protecting industrial designs includes- monetary gains, unique selling propositions, positive image of a company in the market, in case the design so created is not profitable, same can eb sold to a third party.

Intellectual Property 52

Intellectual Property Moral Rights Design Designs 52

IIPRD

AUGUST 11, 2023

Afterward, the second world war did pose an interruption in the steady growth but in turn, it scaled the manga market to a whole new different level in 1947. 3d 1004, 1021, 1022 (2001). [3] IP ISSUES CREATED BY THE MANGA FAN BASE Due to the growing interest of the world inMangas several rights of a manga-ka are challenged.

Art 52

Art IP Intellectual Property Copyright 52

Kluwer Copyright Blog

MAY 17, 2023

among others, temporary reproduction, some lawful uses, private copy/reprography, private study, illustration for teaching and research), which are either classified or labelled differently in different Member States, or are qualified as acts outside the scope of copyright instead of L&Es. Private copy and reprography.

Reporting 52

Reporting Copyright Public Domain Copying 52

IIPRD

JANUARY 23, 2023

It further expanded its domain as a manufacturer by establishing a market for its self-made products such as kindle for e-book services, audiobook and ‘cloud computing’ web storage services. LEXIS 18660 & 2001 U.S. It aimed to provide a huge choice selection, at low prices via ensuring fast delivery satisfying the consumer base.

Patent Infringement 52

Patent Infringement Patent Cease and Desist IP 52

43(B)log

AUGUST 18, 2021

During this period, defendants continued to grow and develop their inventory and marketed “Sturgis” and “Sturgis Motor Classic” rally products. In 2001, an examiner rejected the Sturgis Chamber’s attempt to register STURGIS as primarily geographically descriptive. bad faith,’ or ‘particularly egregious conduct.”

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

Kluwer Copyright Blog

OCTOBER 7, 2021

On 23 September 2021, AG Hogan delivered his Opinion in the Austro-Mechana case which tackles the private copying exception and the compensation for the reproduction and storage of copyright material in the cloud. 4(2) of Regulation (EC) No 1049/2001 ) was that doing so would undermine the copyright protection of the standards at issue.

Copyright Law 64

Copyright Law Copyright Law Television 64

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

MAY 30, 2022

Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). Image via needpix. Within 60 days from the entry into force of Article 43bis l.aut., To date, the decree has yet to be drafted. The most dangerous aspect, however, is the negotiation scheme.

Publishing 52

Publishing Law Contracts Licensing 52

Above the Fold

JULY 5, 2022

In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] 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. Scenario 2: Protecting Novel Designs by Patent.

Intellectual Property 40

Intellectual Property Design Patent Design Designs 40

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 IPKat

AUGUST 6, 2023

Professor Rosati gives high marks to the CJEU in this respect for adapting to ‘new realities and norms’; adding ‘some “flesh” to thinly worded provisions’; by ‘build[ing] a truly internal market for copyright goods and copyright-based services’ and by the CJEU’s interpretive standard of creating an autonomous concept of EU law.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law Copyright Law 52