IP and Legal Filings

AUGUST 14, 2023

SHOULD LEX LOCI PROTECTIONIS BE APPLIED BLANKETLY TO COPYRIGHT INFRINGEMENT? It has been established that lex loci protectionis is the rule that is applied to all the IPR infringement cases, barring a few exceptions. Today, most of the copyright infringement happen through the Internet. Which law to choose then?

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

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. But Lewis thought the song was a rip-off of “I Want a New Drug” and asserted a copyright infringement claim against Columbia Pictures. to write the’s film’s signature song.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

Technology & Marketing Law Blog

DECEMBER 15, 2021

In theory, 512(f) makes copyright owners do their homework and think carefully before they weaponize a copyright takedown notice. 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. A New 512(f) Plaintiff Win!

Registration 132

Registration Fair Use Copyright Designs 132

Kashishipr

SEPTEMBER 20, 2021

The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High Court, alleging Copyright and Trademark Infringement. SSPL was incorporated in 2004. Under Section 2(c) of The Copyright Act of 1957 , the label is an original artistic work. Plaintiff’s Arguments. For more visit: [link].

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

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. Kermit the Frog and Robert De Niro on SNL (2004). Jason Segel and the Muppets on SNL (2011).

Fair Use 96

Fair Use Copying Television Social Media 96

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. The key aspects of a podcast that are covered by copyright include: 1.Music: Super Cassettes Industries Ltd.

Licensing 52

Licensing Copyright Public Domain Music 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

The defendant in that case had offered adapters for sale which enabled Nintendo games, that had been produced by third parties in circumvention of copy protection measures and downloaded from the internet, to be used on the Nintendo games console. Claims under copyright law.

Contracts 98

Contracts Copyright Law Cease and Desist 98

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 Branding Brands Branding 98

Technology & Marketing Law Blog

JULY 25, 2022

In so holding, the Ninth Circuit created (or widened) a circuit split with the Second Circuit, which previously held that even under the discovery rule, damages for copyright infringement are limited to “a three-year lookback period from the time a suit is filed.” Scholastic, Inc. , 3d 39, 52 (2d Cir. Scholastic, Inc. , 3d 39 (2d Cir.

Blogging 98

Blogging Copyright Licensing Copyright Infringement 98

Kluwer Copyright Blog

FEBRUARY 24, 2023

The Störerhaftung is the basis, in particular, for claims to compel access providers or other intermediaries to bring an end to copyright infringements. In Störerhaftung des Registrars , the BGH ruled for the first time on the responsibility of a domain registrar to bring an end to a copyright infringement.

Copyright 52

Copyright Law Due Diligence Copyright Infringement 52

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. From the perspective of a national court, TPB operators would therefore be primarily liable for copyright infringement.

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. 26, 2023, 11:00 AM), [link]. 3] Banyan Tree Holding Ltd.

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

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. A claim for copyright infringement and passing off was issued in December 2019.

Branding 73

Branding Brands Branding Litigation 73

Michael Geist

AUGUST 3, 2021

” The decision removes any doubt that the Supreme Court remains strongly supportive of user’s rights in copyright and vindicates years of educational policy in shifting away from Access Copyright toward alternative means of ensuring compliance with copyright law. .” 42; see also CCH, at para.

Copyright 101

Copyright Copying Copyright Infringement Licensing 101

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.

Copyright 98

Copyright Public Domain Copying Publishing 98

Michael Geist

AUGUST 5, 2021

York University has unsurprisingly been applauded by the education community, which having faced years of litigation launched by the copyright collective, now finds its position vindicated. 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

IPilogue

NOVEMBER 11, 2021

And like McClenaghan’s fictional account of militant pursuit, the history of tension between copyright and user rights has been a tale of survival on the part of both. . It wasn’t until the late 1900s that courts in the UK began to recognize a problem with the tendency towards legal copyright.

Fair Use 110

Fair Use Copyright Law Copyright Intellectual Property 110

Canadian Intellectual Property Blog

OCTOBER 13, 2021

the defendants, for copyright infringement. 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.

Copyright 52

Copyright Copyright Infringement Publishing Intellectual Property 52

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 54

Copyright Licensing Higher Education Fair Use 54

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.

Copyright Law 142

Copyright Law Copyright Law Music 142