IP and Legal Filings

JUNE 12, 2023

Image Sources : Shutterstock] It is a general principle that no copyright lies in ideas, subject-matter, themes, movie plots till the expression of the same are different. If presentation of subject-matter or an idea is similar to the original work, then it amounts to copyright violation. In the case of Pepsi Co v. s commercial.

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Copyright Law Copyright Law Copyright Infringement 105

The IPKat

JUNE 9, 2022

Derek "Del Boy" Trotter (fictional) Can a fictional character be protected as a self standing copyright work? Background Only Fools and Horses (OFAH) is a successful BBC TV series that ran between 1981 and 1991, with also some Christmas specials until 2003. If so, what is the test to be applied? Let's see what happened.

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Copyright Intellectual Property Law Copyright Infringement 145

Plagiarism Today

MAY 23, 2022

There’s not much doubt that plagiarism and copyright infringement detection has improved by leaps and bounds over the past 20 years or so. We see this regularly with copyright blocks for songs on YouTube. Here, a 2003 article was copied and pasted from to make a script for a review of the movie 28 Days Later.

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Plagiarism Copying Social Media Technology 298

LexBlog IP

MARCH 23, 2023

The Ninth Circuit recently addressed the issue of whether parties can contractually agree to shorten the statute of limitations period for bringing a copyright infringement claim. In 2003, it licensed its images to Chrome Data Solutions, LP, for a five-year period. In an unpublished opinion in the case, Evox Productions, LLC v.

Copyright Infringement 52

Copyright Infringement Copyright Licensing Intellectual Property 52

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.

Copyright Infringement 52

Copyright Infringement Copyright Art Copying 52

Patently-O

JANUARY 4, 2024

2024) A recent copyright infringement lawsuit filed by small Boston intellectual property boutique Hsuanyeh Law Group PC (HLG) against international giant Winston & Strawn LLP focuses a dividing line that can highlight when copying the work of another firm is permissible. HLG ultimately filed suit for copyright infringement.

Plagiarism 124

Plagiarism Fair Use Copying Copyright Infringement 124

IP and Legal Filings

FEBRUARY 17, 2022

Unfortunately, copyright and trademark law do not provide particular protection for these characters, who, more often than not, exceed their original works to become well-known of their own. Several tests were created to see if a certain character might be copyrighted.

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The IPKat

MARCH 13, 2022

Kat- quotation There is little doubt that one of the most (if not the most) significant exceptions in copyright law is the one relating to quotation, criticism or review. All this is testimony to the importance of this copyright exception.

Copyright Law 104

Copyright Law Copyright Law Artwork 104

JD Supra Law

MAY 11, 2022

et al, bringing an end to a copyright infringement suit relating to Josh Groban’s 2003 song You Raise Me Up. The United States Supreme Court recently denied certiorari in Johannsongs-Publishing, Ltd. Peermusic Ltd.,

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Copyright Copyright Infringement Publishing Business 52

SpicyIP

AUGUST 26, 2024

Neela Film”), issued an ex-parte ad-interim injunction against the defendants, including websites, e-commerce platforms, YouTube channels and ‘John Doe’ parties, restraining them from infringing the copyright and trademark of the makers of the popular Hindi television sitcom “Taarak Mehta Ka Oolta Chashma” (“TMKOC”).

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Personality Rights Privacy Copyright Trademark 110

TorrentFreak

DECEMBER 18, 2022

It’s worth noting that it could’ve filed a copyright lawsuit first and then moved to discover these details later, but certainly not for $50. These details can be crucial in court, but getting involved in a copyright lawsuit that can be avoided is ill-advised. Barring complications, Cognosphere may have them already.

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Copyright Copyright Infringement Art Publishing 141

Velocity of Content

JANUARY 28, 2025

Methodology In a study on behalf of Copyright Clearance Center (CCC), Outsell surveyed 584 professionals evenly split across 14 industries. The research updated a series of surveys Outsell have conducted for CCC since 2003 that track what professionals think and how they behave around content and information.

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Licensing Intellectual Property Copyright Publishing 52

SpicyIP

AUGUST 8, 2023

The second was filed by the plaintiff to restrain the defendant from committing trademark/copyright infringement and passing off with respect to the mark ‘MODERN’. A crucial argument by the defendant was that the plaintiff was aware of the defendant’s mark, containing the word ‘MODERN’, since 2003/2010.

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Trademark Registration Advertising Advertising 98

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. Image Sources : Shutterstock] The term ‘ copyright ’ essentially signifies a bunch of exclusive rights granted to the creator of an original work of art. Walt Disney Co.

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Copyright Lately

MAY 17, 2021

Parody is tricky, both as an art form and as a matter of copyright law. 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. Did SNL go too far?

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Fair Use Copying Television Social Media 98

LexBlog IP

DECEMBER 7, 2022

copyright law does not protect “elements of expression that nature displays for all observers,” [8] which, according to Cattelan, excludes the main components of Morford’s artwork. Morford’s work is only protected by a “thin” copyright, and there is no substantial similarity between the two works.

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Copyright Copying Artwork Art 52

Copyright Lately

MAY 1, 2023

If you’ve been glued to news coverage of the Ed Sheeran trial for the past two weeks, you may have missed an even bigger story from the world of music copyright. From a copyright perspective, these particular tracks are clearly derivative of both the original sound recordings and the underlying musical compositions.

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Music Copyright Copying Copyright Law 93

IIPRD

JUNE 29, 2022

Copyright: France, the brand’s home country, allows for copyright protection for footwear and fashion items. The goal of this initiative, which began in 2003, was to target all “counterfeiting middlemen” who provided services to underground counterfeiting networks.

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Intellectual Property Branding Branding Brands 98

IIPRD

AUGUST 11, 2023

However, the US Court has held Napster [2] , which was a file-sharing platform as well, guilty of infringing copyrighted materials and was denied the defence of fair use. Image Sources: Shutterstock] ‘Donjishi’ is another form of copyright infringement of a manga creator. For content piracy, Takeshobo Inc.,

Art 52

Art IP Intellectual Property Copyright 52

IIPRD

NOVEMBER 14, 2023

Both the e-platforms and sellers have to take initiatives wherein the sellers need to register their products for trademark, copyrights and patents while the platforms have to exercise strict no-tolerance policy in case of infringements. For example, Amazon holds patent over auto-authentications of transactions in India. 379 (2022).

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Intellectual Property Due Diligence Journalism IP 59

SpicyIP

AUGUST 14, 2023

In an incisive post, Mathews argues that the DHC’s ruling is too broad and ignores the cutoff date (in 2003 – 13 years prior to the amendment of the Rules) for placing the reservation within the country’s Patent Rules. International IP Developments Prosecraft shuts down due to copyright infringment concerns.

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Trademark Registration Art Reporting 98

IIPRD

OCTOBER 17, 2022

There are no precedents through which trademark issues could be discussed, but an online platform named Second life appeared in 2003 was a pioneer of metaverse technology and its fast development brought numerous intellectual property issues. Copyright Infringement. Patent Infringement. Later it was settled.

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LexBlog IP

JULY 21, 2021

That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation?” The report notes on page 11 that “In 2003, research estimates put the [U.S.] Copyright Office approach to the sacred differs.

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Intellectual Property Invention Trademark Copyright 52

Shades of Gray

NOVEMBER 2, 2016

the United States Supreme Court held that the Copyright Act’s attorneys’ fees provision must be applied evenhandedly to both prevailing plaintiffs and prevailing defendants. [12] 2003) (vacating denial of attorneys’ fees to defendant and remanding where plaintiff’s case may have been either groundless or unreasonable); Cairns v.

Trademark 52

Trademark False Advertising Litigation Copyright 52

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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The IPKat

JUNE 23, 2022

Despite its last episode having aired in 2003, it remains very well loved. A claim for copyright infringement and passing off was issued in December 2019. A claim for copyright infringement and passing off was issued in December 2019. The Claimant owns the rights to the show. I wonder if it will be appealed?

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Branding Brands Branding Litigation 75

The IPKat

AUGUST 30, 2023

Kathryn Townsend Griffin, the daughter of Ed Townsend, inherited a third of Townsend’s share of the musical work when he died in 2003. Additional cases were filed over the same songs by Structured Asset Sales, a company owned by investment banker David Pullman that is a beneficial owner of one-third of the copyright in the Townsend catalogue.

Copyright Infringement 111

Copyright Infringement Music Copyright Copying 111

The IP Law Blog

JANUARY 21, 2022

Mr. Kihn’s complaint alleged violations of federal copyright and anti-bootlegging laws. He initially sought to certify a single class defined as “[a]ll owners of copyrights and musical compositions registered under United States copyright law, that were reproduced and/or distributed by Defendants without a license since 2003.”

Copyright Infringement 97

Copyright Infringement Copyright Licensing Music 97

IP and Legal Filings

JULY 13, 2022

The recent controversy involving French fashion house Jean Paul Gaultier and TaTa Top, known for their rather distinct bikini prints, has brought the issue of fashion copyright to the forefront again. Fashion Copyright. Till now, this article has focused on the ambit of copyright protection in a relatively generic manner.

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Copyright Artistic Work Design Designs 95

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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Copyright Infringement Copyright Music Publishing 40

LexBlog IP

JANUARY 21, 2022

Mr. Kihn’s complaint alleged violations of federal copyright and anti-bootlegging laws. He initially sought to certify a single class defined as “[a]ll owners of copyrights and musical compositions registered under United States copyright law, that were reproduced and/or distributed by Defendants without a license since 2003.”

Copyright Infringement 52

Copyright Infringement Copyright Licensing Music 52

Biswajit Sarkar Copyright Blog

NOVEMBER 29, 2024

Copyright A Copyright is a right enjoyed by the author of a work in fields of literary, music, artistic, musical, dramatic, cinematography, sound and such works of literary, scientific, and artistic nature. There is no such necessity to register a copyright for protection.

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Intellectual Property Invention Registration Trademark 52

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. From: TF , for the latest news on copyright battles, piracy and more.

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Fair Use Reporting Copyright IP 145

LexBlog IP

FEBRUARY 28, 2022

6] The Supreme Court’s ruling on that petition—and a possible eventual decision on the merits—could have enormous implications for the art world and other industries impacted by copyright law. Goldsmith counterclaimed for copyright infringement. Originals” [7] : The Works at Issue.

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Technology & Marketing Law Blog

AUGUST 16, 2024

I added a summary of contributory and vicarious copyright law principles from the Frontier Communications case. Students routinely struggle to understand the interplay between the direct infringer analysis, the principles for secondary infringement, and the DMCA online safe harbor overlay. I posted the 2022 version. Lopez (Cal.

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Editing Law Social Media Contracts 116

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. Plaintiffs claimed infringement, including “the character Pug, clips, the title card, concepts, feel, mood, theme, and approach.” So too with plaintiffs’ 2003 Documentary.

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The IPKat

NOVEMBER 20, 2022

Founded in 2003 by Swedish think tank Piratbyrån, The Pirate Bay allows visitors to search, download and contribute magnet links and torrent files that facilitate peer-to-peer file sharing between users of the BitTorrent protocol. Pirate Bay is an online index for digital content of entertainment media and software.

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Music IP Licensing Copyright 52