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Africa IP highlights 2023: Copyright

The IPKat

In Nigeria, Airtel Nigeria Limited neglected to renew their contract with actor and filmmaker Adewole Ojo to use his photographs for advertisements. The Bill repealed the previous Copyright Act of 2004 and ratified outstanding copyright treaties including the Marrakesh Treaty. Katpost on that here. Katpost on the ruling here.

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maintaining ex-employees' voicemail/email doesn't violate Lanham Act or right of publicity

43(B)log

30, 2022) “This case began as a routine suit for breach of a noncompete provision in an employment contract. Lanham Act false advertising: Failing to delete email and voicemail accounts is not “commercial advertising or promotion.” Continental Diamond Tool Corp., 2022 WL 2355481, No. 1:21-CV-274-HAB (N.D. The court cited Mktg.

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A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

In 2004, the Ninth Circuit eviscerated it (in the Rossi case) by requiring plaintiffs to show that senders subjectively believed their takedown notices were abusive. Diebold from 2004, which led to a $125k damages award. Defendant had not obtained the Deposit Design from the Copyright Office. A New 512(f) Plaintiff Win!

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Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

Copyright contract law (Sections 31 et seqq. In another decision , from 2016, the BGH found that remuneration claims under Section 32 UrhG arise when the agreed remuneration at the time of the respective contract being concluded is not appropriate when viewed from the perspective of the time of conclusion of the contract (ex-ante view).

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SpicyIP Weekly Review (July 12 – 18)

SpicyIP

Serious Comparative Advertising: Broadening the Definition. In this guest post , Sangita Sharma analyses the law around comparative advertisements in India. She contends that the ‘fair’ and ‘honest’ use thresholds under Section 30(1)(a) and (b) of the Trade Marks Act should come to the rescue of such advertisements. Other Posts.

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Biosimilars 2020 Year in Review

Fish & Richardson Trademark & Copyright Thoughts

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. Note that FDA still has not designated any biosimilar as interchangeable to its reference product. In February 2020, FDA and FTC took steps to encourage biosimilar competition , with a focus on truthful and non-misleading advertising.

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Evolution of Tests of Creativity in Copyrights

IP and Legal Filings

The Copyright , Designs and Patents Act of 1988 in the United Kingdom specifies in Section (1)(1)(a) that copyright exists in “original literary, dramatic, musical, or artistic works.” Both engaged in fierce competition for Yellow Pages advertising. 5] Appeal (civil) 6472 of 2004. [6] 6] [2004] 1 SCR 339. [7] 4] 499 U.S.