LexBlog IP

DECEMBER 2, 2021

The Ninth Circuit was recently asked to determine whether to continue to apply the Circuit’s two-part extrinsic/intrinsic test for “substantial similarity” with regard to a copyright infringement claim or to depart from this approach and apply the Second Circuit’s “ordinary observer” test instead.

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TorrentFreak

DECEMBER 31, 2021

In September, the Federation Against Copyright Theft and West Midlands Police announced that they shut down a major illegal streaming operation in the UK. Two men and a woman were arrested on suspicion of copyright infringement and fraud-related charges. The Pirate Bay suffered a few stints of downtime last year.

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IP and Legal Filings

MARCH 31, 2023

Introduction In order to determine copyright infringement , the ‘substantial similarity test’ has routinely been employed by the US Courts. If any other person makes an unauthorized copy of that work, the owner shall have a right of action against him. The defendants were provided with a copy of the screenplay.

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Copyright Lately

MAY 17, 2021

And putting aside its pure entertainment value, the sketch also raises some interesting questions about just how much of an original work may be taken before parodic fair use crosses the line into copyright infringement. Jason Segel and the Muppets on SNL (2011).

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IP and Legal Filings

FEBRUARY 17, 2022

Although it is obvious that someone has copied a fictional character if they use identical or substantially similar language to describe them, what happens more frequently is a copying of more abstract character traits and elements that only conjure up a mental image of that character for the reader. In DC Comics Inc.

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IIPRD

JUNE 29, 2022

Design Rights: By registering their product designs, they can prevent third parties from copying the original and new, aesthetic, or ornamental components of their creations. Sword strategy: The brand uses its intellectual properties as “weapons,” attacking anyone who tries to copy or infringe on their protected assets in any way.

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Copyright Lately

MAY 1, 2023

The comments from Michael Nash quoted above really only speak to the input phase, during which audio recordings are copied to a dataset that’s then used to train a voice model. It isn’t human-readable and does not contain copies of any audio recordings. No wonder I’m getting flashbacks to 2003. Ciccone , 824 F.3d

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43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. The 2001 Documentary “sold 50,000 copies in two weeks and revolutionized the Baltimore dirt-bike culture,” inspiring a sequel and plans to make a third film.

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LexBlog IP

FEBRUARY 28, 2022

In 2017, the Warhol Foundation sued Goldsmith and her agency for a declaratory judgment that the Prince Series works are non-infringing or, in the alternative, that they constitute a fair use of the Prince Photograph. Goldsmith counterclaimed for copyright infringement. 24] Prince. N*E*W* S [Album]. NPG Records. [25]

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The IPKat

NOVEMBER 20, 2022

In a time when the internet existed but the main income of artists and performers was still from selling " copies " of their albums, records, episodes and concerts, he probably would not have even been able to contemplate the existence of a " streaming service " that might change the rules just a few years later.

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IP and Legal Filings

JULY 13, 2022

Jagmohan , when the question was whether a news article can have copyright protection, the High Court of Bombay clearly stated that natural happenings and events cannot be the copyright of the person who first reported the incident. However, in 2003, with the case of Eastern Book Company v.

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IIPRD

AUGUST 11, 2023

one of the major publishers based in Japan sued Cloudflare in2022,for distributing data of copyrighted works for manga piracy sites by illegally uploading them and making them available for free, consequently, infringing the copyrights of the publisher. For content piracy, Takeshobo Inc., Napster, Inc., 4] Star India v.

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LexBlog IP

DECEMBER 7, 2022

10] Cattelan argued that Banana & Orange ’s online presence was insufficient to prove that he had access to the allegedly infringed work, “a sine qua non of any copyright infringement claim.” Cattelan lacked access to Morford’s work. [10] ” [11]. ” [21]. .’” ” [21]. .”

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IIPRD

OCTOBER 17, 2022

As recently in 2022 Hermès, a fashion house sued Manson an NFT (non-fungible token) creator for trademark infringement who marketed a digital asset called “Metabirkins”, which was a digital copy of a bag created by Hermès, which sold at many high prices. Copyright Infringement. Later it was settled.

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Technology & Marketing Law Blog

MAY 2, 2022

They may look to state hacking laws, trespass to chattel claims, or other causes of action “such as copyright infringement, misappropriation, unjust enrichment, conversion, breach of contract, or breach of privacy.”. __. It’s sooooooo 2003. The court says companies who make their data publicly available are not without recourse.

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IP Whiteboard

JULY 19, 2021

The Federal Court of Australia has awarded additional damages in the highest order against Clive Palmer ( Palmer ) for his copyright infringement of the 1985 Twisted Sister’s rock song “ We’re Not Gonna Take It ” (the Song ). After being alerted to the UAP campaign, Universal commenced copyright infringement proceedings against Palmer.

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The IPKat

MARCH 13, 2022

Comment Read in combination with Article 5(5), Article 5(3)(d) of the InfoSoc Directive, from which Article 70 of the Italian Copyright Act is derived in its current wording, permits quotations for purposes such as (but not limited to) criticism or review insofar as a number of cumulative conditions are satisfied.

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LexBlog IP

JULY 21, 2021

The report notes on page 11 that “In 2003, research estimates put the [U.S.] Likewise, the Office cannot register a work purportedly created by divine or supernatural beings, although the Office may register a work where the application or the deposit copy(ies) state that the work was inspired by a divine spirit. copyright law.

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IIPRD

NOVEMBER 14, 2023

There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. Challenges in IPR Regulation in e-commerce As per a survey, around 38% online buyers experienced counterfeit products and 1/3 rd people have gotten copied products. 26, 2023, 11:00 AM), [link]. Kirsty Phillips et al.,

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Copyright Lately

APRIL 17, 2023

Minden’s complaints often tout that the company “works diligently to detect online infringements of its works” and that it engages technology companies to “crawl the internet” in search of unauthorized copies of Minden’s photos. Complex Media posted Minden’s photo over 10 years ago.

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The IPKat

JUNE 23, 2022

Predictably, these third parties made available watch faces copied from watches made by others including the Swatch group of companies (which owns brands like Tisso, Omega and Breguet). The fact that this was found to be an infringement is no surprise. Despite its last episode having aired in 2003, it remains very well loved.

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IP and Legal Filings

DECEMBER 6, 2023

Arvee Enterprises in 2003. Radha Pocket Books,the plaintiff filed a copyright infringement case against the defendant for publishing a comic book character named ‘Nagesh’. For the first time, publicity rights were expressly dealt with as a facet of privacy rights in the case of ICC Development (International) v.

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The IPKat

MARCH 7, 2025

Background As the fashionista readers would be aware, Herms is the producer of the iconic Kelly and Birkin bags, and the proprietor of a three-dimensional trade mark, registered internationally since 2003. Trade mark infringement The shape mark owned by Herms covers the specific padlock closure found on its bags [ here ].

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Technology & Marketing Law Blog

FEBRUARY 13, 2023

A work is fixed in either a “copy” or a “phonorecord.” “Phonorecords” are defined as material objects in which only sounds are fixed, while “copies” are defined as material objects in which any other kind of work is fixed. [ 17 U.S.C. 101 ] Issue 1: Are the recorded interviews a copyright-eligible “work of authorship”?

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