The IPKat

AUGUST 31, 2021

2021 is a momentous year for EU copyright law: it is the 30th anniversary since the adoption of the first ever copyright directive (the Software Directive 1991/250) and the 20th since the passing of the seminal InfoSoc Directive 2001/29. To celebrate the publication of Copyright in the Digital Single Market.

Copyright 97

Copyright Intellectual Property Intellectual Property Law Marketing 97

IP and Legal Filings

NOVEMBER 6, 2024

Initially, the doctrine was applied only to employees in technical fields, but courts have stretched it to cover employees in possession of a range of trade secrets, such as financial, manufacturing, production, and marketing information. 1361, 1380 (2001). 917, 934 (2001). by relying on his knowledge of [PepsiCo] trade secrets.”

Marketing 90

Marketing Marketing Law IP 90

IPilogue

JULY 21, 2021

Hytera served as a distributor for Motorola until 2001. Profiting from a market competitor’s innovations via trade secrets and source code theft misappropriates the intellectual creation and property of other firms’ investments. Not only did Motorola Solutions allege that Hytera violated U.S.

Confidentiality 105

Confidentiality Intellectual Property Technology Copyright Law 105

Corsearch

AUGUST 18, 2021

The global pharmaceutical industry is responsible for the research, development, production, and marketing of medicines and t oday it is booming. As of 20 20 , the total global pharmaceutical market was valued at about $ 1. Market value is expected to exceed $2.1 trillion by 202 7.

Trademark 59

Trademark Marketing Marketing Registration 59

Velocity of Content

MAY 24, 2022

Tasini (2001) The “ Tasini ” case is a relatively famous (in copyright circles at least) legal dispute, ultimately decided by the US Supreme Court back in 2001. We don’t have to go back to the age of Scott Joplin and the player-piano for our examples. Two good ones from only 20 years ago come right to mind: New York Times Co.

Music 105

Music Publishing Licensing Copyright 105

43(B)log

JUNE 16, 2022

So he donated his 2001 Volvo to Kars4Kids. A Kars4Kids representative he spoke with on the phone allegedly told him that if he made a donation, the money raised would “only be used to help needy kids,” and that the organization “take[s] only a small amount for [its] costs.”

Marketing 59

Marketing Marketing Advertising Advertising 59

Technology & Marketing Law Blog

JUNE 16, 2023

Amazon.com , a Washington Court of Appeals case from 2001 (not cited in this opinion), which held that “The Communications Decency Act immunizes Amazon.com, Inc. Zotos appeared first on Technology & Marketing Law Blog. The first case that came to mind was Schneider v. Case citation : McCall v.

Litigation 98

Litigation Publishing Blogging Government 98

The IPKat

MAY 7, 2024

There, future harmonization initiatives appeared already anchored not only to an internal market-building rationale, but also to the objective of ensuring the now European Union’s overall competitiveness vis-à-vis third countries and the need to strike a fair balance between the rights and interests of different parties.

Copyright Law 123

Copyright Law Copyright Law Intellectual Property 123

The IPKat

JULY 26, 2021

Marketing authorisations (MA) and their legal status have become increasingly interesting for anyone working in the medicinal products area. There, the CJEU brings further clarification to the provisions of the Medicines Directive 2001/83/EC (find here ) in the context of MA. városi Törvényszék (Budapest High Court, Hungary).

Marketing 76

Marketing Marketing Design Designs 76

The IPKat

JULY 15, 2024

The dispute and the question referred to the CJEU are mainly based on the fact that the concept of “communication to the public” within the meaning of Article 3(1) of Directive 2001/29/EC is divided into several rights in German law, that can all be licensed separately. Kat enjoying TV. FCJ, case no. I ZR 21/14 - Königshof).

Licensing 70

Licensing Television Marketing Marketing 70

Technology & Marketing Law Blog

JUNE 27, 2023

This case involves Morford’s 2001 artwork named “Banana and Orange.” We first made some marketing material where high tech faculty and staff wore banana costumes to celebrate the copyright battles over the costumes. Now we’re more even more sure that we didn’t violate copyright law with this marketing.

Copyright 98

Copyright Artwork Copying Social Media 98

The IPKat

OCTOBER 30, 2023

Therefore, as regards a portrait photograph, the protection conferred by Article 2(a) of Directive 2001/29 cannot be inferior to that enjoyed by other works, including other photographic works. Question 4 a) reads as follows: 4.

Copyright Law 60

Copyright Law Copyright Law Marketing 60

TorrentFreak

MARCH 6, 2022

This includes September 11, 2001, when even the most passionate coders were drawn away from their CRT monitors. As can be seen from a slide from zzz’s presentation at Hacklab in 2015, these ‘marketing’ issues are not new. These technologies would grow out to become game-changers. This would change history.

Privacy 145

Privacy Technology Government Blogging 145

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

The IPKat

AUGUST 6, 2021

Other GuestKat Frantzeska Papadopolou reviewed a recent CJEU ruling concerning marketing authorisation for medicinal products. The CJEU interpreted the provisions of the Medicines Directive 2001/83/EC concerning the competence of Member States when issuing marketing authorisations.

Television 67

Television Copyright Marketing Marketing 67

IPilogue

FEBRUARY 28, 2023

This, however, was reversed in 2001 with a ruling against Wofsy, who became responsible for 10,000 francs per infraction. In 1998, the French courts ruled that the photographs were used for documentary purposes , and thus were not entitled to copyright protection.

Fair Use 105

Fair Use Copyright Copyright Infringement Copyright Law 105

IP and Legal Filings

OCTOBER 8, 2021

Apart from climate change, issues such as the growth of the biofuel market due to which agricultural lands are destroyed or exploited as well as unmonitored nutrition programs may also threaten food security of a nation. The Protection of Plant Varieties and Farmers’ Rights Act, 2001.

Intellectual Property 98

Intellectual Property Invention Inventor IP 98

SpicyIP

JUNE 22, 2022

This study identified 100 instances of compulsory licenses / government use licenses issued by countries to gain access to lower priced medicines between 2001 to 2016. Other forms of protection such as know-how, trade secrets, data and market exclusivity are also relevant for protecting and regulating medicines.

Licensing 119

Licensing Reporting Patent Government 119

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

LexBlog IP

DECEMBER 15, 2021

Can you prove that a license to produce the portions of your book has a fair market value for actual damages? Can you receive payment by the alleged infringer of the fair market value of the portions of your book illegally copied as recovery for actual damages? The answer to all these questions is YES! On Davis v. Gap, Inc. ,

Copyright Infringement 52

Copyright Infringement Copyright Licensing Registration 52

The IPKat

SEPTEMBER 15, 2022

Initially, neither the 1992 Law on Trademarks, Service Marks and Designations of Origin , nor the 1992 Patent Law , had provided that putting patented or trademarked goods onto the market within Russia exhausted IP rights.

IP 132

IP Branding Brands Branding 132

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 67

Advertising Advertising Law Marketing 67

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. Therefore, NFT creators can subvert resale royalty protocols via technical loopholes, as marketplaces are not cross-market interoperable.

Artwork 98

Artwork Contracts Ownership IP 98

The IPKat

JUNE 25, 2023

It then issues to those local producers, whose pepper is compliant with the PDO’s requirements, a certificate that allows them to market their products under the PDO “Piment D’Espelette”. The defendant, an unidentified producer from that region, owns a pepper company called Biperduna, in operation since 2001. So what happened earlier?

Art 78

Art Marketing Marketing Registration 78

Kluwer Copyright Blog

JULY 15, 2021

Legal arrangements concerning a system of fees compensating creators, holders of related rights and their successors for permitted personal uses based on the provisions of Article 5(2)(b) of Directive 2001/29 have functioned unchanged in Polish law since 1994. b) entitled CMOs in a proportion determined by the provisions of the Act.

Copying 55

Copying Law Related Rights Copyright Law 55

The IPKat

NOVEMBER 14, 2022

a perplexed travelling Kat from Sheila Sund on Pixhare ) A further aspect that this Kat found remarkably interesting was brought to the attention of the audience during a presentation on Data and Market Exclusivity in the EU.

IP 76

IP Marketing Marketing Confidentiality 76

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

The IPKat

DECEMBER 13, 2021

A new referral to the CJEU from the Finish Market Court seeks clarification on the interpretation of Article 3(c) of the SPC Regulation with respect to combination products. Article 3(d) states that an SPC must be based on "the first marketing authorisation" for the product. 343) amounted to an earlier SPC for the same “product”.

Invention 73

Invention Marketing Marketing Patent 73

The IPKat

MARCH 25, 2024

98 Therefore, as regards a portrait photograph, the protection conferred by Article 2(a) of Directive 2001/29 cannot be inferior to that enjoyed by other works , including other photographic works. Here’s what Henning writes: Works of applied art – the difference between design and copyright law by Henning Hartwig I.

Copyright Law 78

Copyright Law Art Design Designs 78

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

IP and Legal Filings

SEPTEMBER 12, 2024

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] As the markets are changing all the time, so will be the understanding and application of trademark law.

Branding 98

Branding Brands Branding Trademark 98

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

DECEMBER 17, 2022

1 of Directive 2001/83/EC ) and ‘food supplements’ ( Art. Still, all other market players, especially those who are not familiar with Polish pharmaceutical law from the 2000s, must be able to rely on the wording of the goods as registered in order to determine the scope of protection. Many terms have a clear and precise meaning.

Editing 128

Editing Art Law Licensing 128

The IPKat

SEPTEMBER 26, 2024

They also claimed that this new system goes against the traditional set-up of licensing practices in Europe and will lead to market fragmentation. Under these circumstances, the Constitutional Court seeks the following clarifications as to the compatibility of Art. 228/4 with EU law [unofficial translation by this Kat]: 4.

Publishing 127

Publishing Art Licensing Confidentiality 127

43(B)log

SEPTEMBER 13, 2024

9, 2024) The parties compete in the sale of “chemical bonding products marketed for home and automotive use.” It also marketed certain products as epoxies despite their not fitting the chemical definition of an epoxy. This wasn’t comparative advertising (or a two-player market). Illinois Tool Works Inc. J-B Weld Co.,

Advertising 59

Advertising Advertising False Advertising Marketing 59

Kluwer Copyright Blog

DECEMBER 12, 2022

Under the new rules of the 2019 Directive on Copyright in the Digital Single Market, which have been recently implemented in most EU Member States, authors that license or assign their rights “for the exploitation of their works” are entitled to receive appropriate and proportionate remuneration, [8] a except where they have granted OA licences.

Copyright 123

Copyright Publishing Journalism Art 123

The IPKat

APRIL 19, 2023

The second chair (‘Paris Chair’) is sold by the Dutch company Kwantum in multiple markets, including the Netherlands and Belgium. The main question in dispute is whether Vitra, which holds the rights to the Dining Sidechair, would be afforded protection in the Netherlands and Belgium.

Art 52

Art Copyright Intellectual Property Law Law 52