Technology & Marketing Law Blog

DECEMBER 15, 2021

A refresher: in 1998, Congress created a notice-and-takedown scheme for user-submitted items that allegedly infringe copyright. Copyright owners send takedown notices, and service providers either remove the items or lose the safe harbor. The DMCA’s main counterbalance to copyright owner overreach was supposed to be 512(f).

Registration 113

Registration Fair Use Copyright Designs 113

IIPRD

NOVEMBER 14, 2023

of the population of India having ingress to the world wide web and ever growing e-commerce market which is forecasted to reach about twenty billion euros by 2030, it becomes pertinent to analyse the interconnect between these two. [1] Interplay Between Intellectual Property and E-commerce With 48.7%

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

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?

Fair Use 96

Fair Use Copying Television Social Media 96

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.

Reporting 52

Reporting Publishing Editing Marketing 52

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. Copyright: France, the brand’s home country, allows for copyright protection for footwear and fashion items.

Intellectual Property 98

Intellectual Property Branding Brands Branding 98

Kluwer Copyright Blog

JUNE 17, 2021

The CJEU starts by restating its relevant case law on the database sui generis right, mainly Innoweb , The British Horseracing Board and Others , and the Fixtures Marketing cases. [1]. 2] See above British Horseracing Board and Fixtures Marketing decisions. One way or another, it will be interesting. [1] by Tito Rendas. €

Database Right 52

Database Right Law Copyright Law Advertising 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. German copyright law stipulates that the author is entitled to appropriate remuneration for every use of their work (Section 32 UrhG). These provisions served as, among other things, models for Articles 18 and 20 in the new DSM Copyright Directive (2019/790).

Contracts 98

Contracts Copyright Law Cease and Desist 98

43(B)log

AUGUST 22, 2022

Not all marketing of artistic works is noncommercial speech. There was also no copyright preemption. 1934) (finding unenforceable the sale of a violin represented as a Stradivarius when buyer and seller were both mistaken and the violin was a cheap copy).] 4th 135 (2004); cf. Zimbalist, 38 P.2d 2d 170 (Cal. 116 Cal.App.4th

False Advertising 57

False Advertising Advertising Advertising Artistic Work 57

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.

Copyright 99

Copyright Copying Copyright Infringement Licensing 99

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. As the number of companies are increasing in the domestic and international markets the importance of Intellectual Property Rights (IPR) is also increasing. In the well-known 2008 case of E.S.S Entertainment 2000, Inc.

Intellectual Property 91

Intellectual Property Non-Fungible Tokens Trademark Copyright 91

The IPKat

JUNE 23, 2022

In most trade mark cases waiting a little longer to see the Defendant off the market would not, in my view, cause the Claimant a huge additional loss. 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).

Branding 70

Branding Brands Branding Litigation 70

Technology & Marketing Law Blog

JULY 25, 2022

Eleven days ago, the Ninth Circuit reaffirmed that: (1) the discovery rule of accrual applies to the Copyright Act’s three-year statute of limitations; and (2) when the discovery rule applies, the copyright owner is not limited to damages for acts occurring within three years before the date of filing the lawsuit. July 14, 2022).

Blogging 87

Blogging Copyright Licensing Copyright Infringement 87

43(B)log

AUGUST 4, 2021

1) Dealing with transaction cost problems (though thinks that’s likely overstated); (2) ©’s inherent distributional inefficiencies; (3) market power barriers to innovation in dissemination—removing bottlenecks based on market power; (4) non-efficiency considerations—libraries, disability rights, distributive justice. (2)-(4)

Copyright 44

Copyright Licensing Fair Use Contracts 44

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

At the same time, market uptake of biosimilars in the United States continued to increase, suggesting that there is room for expansion of biosimilars in the U.S. In addition, fewer new biosimilars entered the market this past year, with five biosimilar launches in 2020 as compared to seven in 2019. Yet biosimilars of anti-TNF?

Litigation 52

Litigation Settlement Marketing Marketing 52

SpicyIP

FEBRUARY 12, 2024

Other Posts A Case of ‘Smart Copying’: ‘Peace Maker’ Restrained from Imitating ‘Officer’s Choice’ image from here Do you enjoy your whiskey? Case Summaries Gujarat Cooperative Milk Marketing v. Would you mix up these two labels: Officers Choice and Peace Maker? Well, it appears the courts think most consumers would.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

There’s also a copyright claim for Luxy copying the plaintiff’s TOS/privacy policy. The court recounts the perennially problematic Brookfield case and how the 2004 Playboy v. Marketing channels. Luxy appeared first on Technology & Marketing Law Blog. ” (How about this: let’s not).

Advertising 100

Advertising Advertising Trademark Settlement 100

SpicyIP

MAY 8, 2022

Lawyers: I wonder if this comic strip is copyright protected? Plus, the process of letting a market place decide, doesn’t exclude the government from also funding innovations it thinks are desirable! Look at “ Burial structures for the interment of human remains and significant memorabilia ” patented in the US in 2004!

IP 98

IP Invention Inventor Music 98

The IPKat

APRIL 11, 2023

Book Depository was established in 2004, in Gloucester, England, by Stuart Felton and Andrew Crawford, the latter a former Amazon employee. The distribution of books was no less crucial than the means of copying and reproduction. So yesterday. Constraints on the scope of distribution could ensue, a by-product of the invisible hand.

Business 70

Business Public Domain Reporting Journalism 70

43(B)log

OCTOBER 13, 2021

The use of the song itself in the video was “best described as a wholesale copying of music to accompany a political campaign ad.” Also, the use here was commercial because “commercial” in §107 doesn’t mean commercial, but “whether the user stands to profit from exploitation of the copyrighted material without paying the customary price.”

Fair Use 82

Fair Use Music Marketing Marketing 82