Michael Geist

JULY 20, 2022

The Supreme Court rejected the request, concluding that an additional payment for downloads would violate the principle of technological neutrality, famously stating: In our view, there is no practical difference between buying a durable copy of the work in a store, receiving a copy in the mail, or downloading an identical copy using the Internet.

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Copyright Law Copyright Law Music 145

Michael Geist

AUGUST 5, 2021

For example, the 2004 CCH decision is now widely regarded as Canada’s most consequential copyright decision, affirming the role of user’s rights and the need for balance in copyright. Yet Access Copyright has returned to its longstanding playbook of downplaying Supreme Court decisions and misleading its own members in the process.

Copyright 145

Copyright Copying Licensing Litigation 145

LexBlog IP

JUNE 26, 2023

. (“JSC”) against Trendily Furniture, LLC, Trendily Home Collection, and Raul Malhotra (collectively, “Trendily”) finding Trendily liable for trade dress infringement for willfully copying, manufacturing, and selling identical JSC furniture pieces.

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Copying Social Media Designs Design 52

TorrentFreak

FEBRUARY 27, 2023

Sony Sends in the Lawyers When Sony released the PSP in 2004, the race to run ‘homebrew’ software on the PSP also began. The PSP was discontinued in 2014, but after more than a decade, Sony’s lawsuit is still alive and inching toward a conclusion – one way or another. Does a revision exist within the meaning of Art.

Copyright 145

Copyright Copying Art Copyright Infringement 145

Intellectual Property Law Blog

OCTOBER 17, 2023

Pure Hemp asserted that (1) UCANN’s prosecution counsel had allegedly committed inequitable conduct by copying text from a piece of prior art, U.S. . § 1927, and the district court’s inherent authority. Patent Publication No.

Art 147

Art Litigation Copying Patent 147

IPilogue

FEBRUARY 4, 2022

Section 15 (1) (a)-(g) of the Copyright Act, C28, Laws of the Federal Republic of Nigeria (“LFN”), 2004 , provides several acts that amount to copyright infringement in Nigeria. On the issue of casual connection, the Plaintiff must prove that the infringing work was copied or otherwise taken from their work. In CBS Inc. &

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Copyright Infringement Copyright Copying Artistic Work 105

TorrentFreak

DECEMBER 31, 2022

In March, a high-quality Blu-ray copy of ‘Spider-Man: No Way Home’ leaked online , weeks before the official physical release. The pirate copy was released by EVO, the same group that previously leaked many other prominent titles before disappearing later in the year. Spider-Man: No Way Home Leaked Early. — 10.

Copying 141

Copying Publishing Copyright Infringement Copyright 141

The IPKat

APRIL 3, 2023

The Act introduces a new vista in Nigerian copyright law as it repeals the Copyright Act 2004. Selected key innovations of the Copyright Act 2022 The official copy of the Copyright Act 2022 will be published in due course in the Official Gazette. Pending publication, the pre-assent copy of the Act can be accessed here.

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Copyright Intellectual Property Fair Use Copyright Law 128

IPilogue

JULY 12, 2021

When Justice Abella was appointed to the SCC in 2004, section 29 did not include the purposes of education, satire, and parody. The copyright collective Access Copyright argues that York University’s copying of works to create course packs is to alleviate financial burdens on the university.

Copyright Law 119

Copyright Law Copyright Law Music 119

The IPKat

DECEMBER 19, 2022

The AAs’ IP enforcement norms (modelled on Directive 2004/48/EC , Regulation 608/2013 , and Directive 2000/31/EC ) did not only favour IP rightholders. Moldova and Ukraine have been mostly copy-pasting the AA norms into their national laws (a pattern one can also observe in some EU Member States, when they implement EU Directives).

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IP Intellectual Property Law Copying 126

Michael Geist

AUGUST 3, 2021

Access Copyright launched the lawsuit against York over copying it said took place from 2011 to 2013, seeking to enforce a Copyright Board approved tariff. York argued that it was not bound by the tariff because it had not agreed to its terms and counter-claimed that any copying at issue was in any event covered by fair dealing.

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Copyright Copying Copyright Infringement Licensing 103

Patently-O

FEBRUARY 10, 2023

In particular, the Cooley LLP prosecuting attorney admitted to copying material from prior art into both the Abstract and the Detailed Description of the patent specification; but did not cite the reference within the patent document or disclose that reference to the USPTO for consideration. CBD or 95% CBD+THC. CBD or 95% CBD+THC.

Copying 94

Copying Patent Prosecution Invention Art 94

Kashishipr

SEPTEMBER 20, 2021

SSPL was incorporated in 2004. When SSPL was incorporated in 2004, SK Oil Industries had assigned it the label’s copyright. The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High Court, alleging Copyright and Trademark Infringement. Plaintiff’s Arguments. For more visit: [link].

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Registration Artistic Work Copyright Registering Trademarks 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. It includes protection of novelty, creativity, and uniqueness of each person and for it we require Intellectual Property Rights , to protect the creations of these ideas of people. References Singh R. Intellectual property.

Intellectual Property 98

Intellectual Property Non-Fungible Tokens Trademark Copyright 98

IP and Legal Filings

MAY 3, 2023

Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. The papers were taken from copies of the examination papers that students provided, not from publications by the University of London Press Ltd. 5] Appeal (civil) 6472 of 2004. [6]

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Copyright Public Domain Copying Publishing 98

Copyright Lately

OCTOBER 25, 2021

As the story goes, they provided him with a copy of a few scenes from “Ghostbusters” in which the theme would appear. You can judge for yourself by downloading a copy of “Jap Herron” here. This prompted a lawsuit by Don Post Studios, which asserted that the Cinema Secrets mask was a copy of its own mask.

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Copyright Cinema Copying Copyright Infringement 145

TorrentFreak

JANUARY 15, 2024

Back in 2004, when LimeWire was the file-sharing client of choice for millions of users, FrostWire appeared as the new kid on the block. IMI’s actions make sense as far as they apply to sites that host or link to pirated copies of the track. However, FrostWire sees itself as a content-neutral app, more akin to a web browser.

Music 122

Music Copyright Infringement Copyright Copying 122

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. 28, 2004) [5] Bata India Limited vs Chawla Boot House & Anr on 16 April, 2019 [6] N.R. Apple Inc. v Samsung Electronics Co., 3d 983 (2015). Adidas-America, Inc. Payless Shoesource, Inc.

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Branding Branding Brands Trademark 98

IPilogue

NOVEMBER 11, 2021

In Hubbard v Vosper [1972] 2 QB 84 , the Church of Scientology sued a former member for publishing a book criticizing Scientology that contained material copied from Scientology books and documents, as well as confidential information pertaining to Scientology courses.

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Fair Use Copyright Law Copyright Intellectual Property 110

Copyright Lately

MAY 17, 2021

Kermit the Frog and Robert De Niro on SNL (2004). But later cases, including Campbell , reformulated the standard by holding that a parody is entitled to copy at least as much as is necessary to “conjure up” the original. Jason Segel and the Muppets on SNL (2011).

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Fair Use Copying Television Social Media 97

The IPKat

JULY 9, 2021

This Kat is yet to see a copy of the Copyright (Repeal) Bill that was presented to the National Assembly. There is also the challenge of other copyright amendment bills such as the Bill for an Act to repeal the Copyright Act Cap C28 LFN 2004 and to re-Enact the Copyright Act 2021 and for matters connected therewith, 2021 (SB.

Copyright 59

Copyright Copying Technology Law 59

Intepat

DECEMBER 18, 2024

This principle is key for podcasters, as it means that if Podcaster A accuses Podcaster B of copying their interview format, the claim would likely fail because formats and factual content are not copyrightable. Failure to secure appropriate permissions for these elements can result in copyright infringement claims.

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Licensing Copyright Public Domain Music 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

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. As I’ve blogged many, many times on this blog (see list below), 512(f) has been a complete failure.

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Registration Fair Use Copyright Designs 132

43(B)log

MARCH 1, 2022

Amount/substantiality: Accepting his allegation that the passage was the heart of the work, the court saw no need to separately address his argument that the separate registration meant that the school district copied the “whole” work. If that were all, copying the WIN Passage would be qualitatively significant. NXIVM Corp.

Fair Use 90

Fair Use Social Media Licensing Marketing 90

Indiana Intellectual Property Law

JANUARY 26, 2024

It goes onto explain that in 2004, Liu created a graphic work known as the “Diamond Tile,” a unique square or rectangular tile featuring a three-dimensional design composed of various diamond-like elements, which he had copyrighted with the United States Copyright Office in 2017. (SRT) for alleged copyright infringement.

Copyright Infringement 40

Copyright Infringement Copyright Designs Design 40

The IPKat

JANUARY 31, 2022

Under article 8(1) of the Enforcement Directive (Directive 2004/48/EC) a claimant in infringement proceedings can request a court to order certain parties to disclose information. TB alleged that Castorama Polska sold exact and near identical copies of the images, which had been supplied to them by Knor. One image is depicted below.

Intellectual Property 74

Intellectual Property Cease and Desist IP Copyright 74

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.

Intellectual Property 98

Intellectual Property Brands Branding Branding 98

Velocity of Content

FEBRUARY 14, 2022

It’s unprecedented for what we’ve seen in the time that we’ve been tracking the sales, which is starting in 2004,” McLean tells CCC. It Ends with Us by Colleen Hoover was published in 2016, yet sold more than 770,000 copies in 2021, largely because of so-called booktokers.

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Reporting Publishing Editing Marketing 52

The TTABlog

MARCH 20, 2023

ERB's claim of long use (2004 and 2008) was not necessarily persuasive in the context of a product configuration. And there was no evidence of intentional copying or of media coverage. ERB's sales figures were not impressive, and they also lacked marketplace context.

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Registration Advertising Advertising Designs 68

Michael Geist

FEBRUARY 21, 2023

In doing so, they have relied on a steady diet of misleading claims about the state of the law, the licensing practices of Canadian educational institutions, the importance (or lack thereof) of copying of materials in course packs, and the effects of fair dealing. The caselaw on Canadian copyright is unequivocal.

Copyright 56

Copyright Licensing Higher Education Fair Use 56

Canadian Intellectual Property Blog

OCTOBER 13, 2021

In 2004, Mr. Hendley wrote and published a book called The Black Donnellys: The Outrageous Tale of Canada’s Deadliest Feud (the “ Outrageous Tale ”) , which cited The Black Donnellys as authority for many of the historical events detailed in the book. Hendley”), and his publisher, James Lorimer & Company Ltd.,

Copyright 52

Copyright Copyright Infringement Publishing Intellectual Property 52

LexBlog IP

OCTOBER 17, 2023

Pure Hemp asserted that (1) UCANN’s prosecution counsel had allegedly committed inequitable conduct by copying text from a piece of prior art, U.S. . § 1927, and the district court’s inherent authority. Patent Publication No.

Art 52

Art Litigation Copying Patent 52

azrights

JUNE 7, 2022

This is one of the many misconceptions about IP that I’ve noticed since starting my business in 2004. It frustrates me that people turn to me when they’re copied, assuming this is the kind of work I’m engaged in doing, when they’ve never consulted me before about their IP.

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Marketing Marketing Business Designs 59

The IPKat

NOVEMBER 20, 2022

When he was inducted into the Rock and Roll Hall of Fame in 2004, Prince said, " When I first started out in the music industry, I was most concerned with freedom. There was a time when the biggest concern of artists struggling with the machinations of the music industry was " just " the impossibility of being creatively free.

Music 52

Music IP Licensing Copyright 52

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. iv. Statutes Information Technology Act, No.21,

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Intellectual Property Due Diligence Journalism IP 59

LexBlog IP

OCTOBER 25, 2021

Starting in 2004 , the Company began issuing cease-and-desist letters to competitors, demanding that they prevent their search ads from appearing in response to the keyword “1-800 Contacts.” 1-800 Contacts also claims that Warby Parker copied its website design to “ intentionally deceive and confuse ” consumers.

Advertising 52

Advertising Advertising Trademark Cease and Desist 52

SpicyIP

MARCH 21, 2024

In 2004, as the deadline to comply with the WTO Agreement on Trade-Related Intellectual Property Rights (TRIPS) was drawing to a close, the United Progressive Alliance (UPA) government issued the Patent (Amendment) Ordinance, 2004 which deleted the existing pre-grant opposition mechanism.

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Patent Patent Application Government Reporting 52