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 124

Music Copyright Infringement Copyright Copying 124

IP and Legal Filings

SEPTEMBER 12, 2024

Samsung : This was a case, from 2011 to 2018, where Apple took the word against Samsung, claiming infringement of its smartphone design and utility patents. Apple had accused Samsung of copying the features of the iPhone, like the rounded-rectangle shape, home button, and the grid icon layout. v Samsung Electronics Co., 3d 983 (2015).

Branding 92

Branding Branding Brands Trademark 92

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.

Copyright 143

Copyright Cinema Copying Copyright Infringement 143

The TTABlog

MARCH 20, 2023

referred to as the "Ridge Designs"). In other words, the issue is whether the designs of both safety helmets work better in the configurations at issue. As to the second factor, there was no evidence of advertising touting the utilitarian benefits of the Ridge Designs. In re Morton-Norwich Prods.,

Registration 68

Registration Advertising Advertising Design 68

Indiana Intellectual Property Law

JANUARY 26, 2024

Shima, led by President Wentong Liu, claims it has carved a niche in designing and selling distinctive products. According to the complaint, Shima is accusing SRT, another Chinese corporation (who happens to do business in Indiana), of importing, distributing, and/or selling copies of Liu’s “Diamond Tile” work on Amazon.com.

Copyright Infringement 40

Copyright Infringement Copyright Design Designs 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

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? Ttk Prestige Ltd vs Arjun Ram & Anr on 31 January, 2024 (Delhi High Court) The plaintiff had filed a design and trade dress infringement suit against the defendant for its brand ‘Prestige’.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

Fish & Richardson Trademark & Copyright Thoughts

MAY 10, 2022

Carson Design & Mfg., Plaintiff Schwab-Vollhaber-Lubratt (“SVL”) sued Defendants Carson Design and Manufacturing and Midwest Mechanical Supply alleging infringement of certain SVL patents. This summary includes discovery relevant to willfulness findings, stays under the customer suit exception, and preliminary injunctions.

Litigation 52

Litigation Patent Design Designs 52

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

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.

Licensing 52

Licensing Copyright Public Domain Music 52

IIPRD

NOVEMBER 14, 2023

Musical Arts, designs, pictures, software, material, and many other sorts of Intellectual Property can be transferred using an e-commerce platform in the digital age. There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. iv. Statutes Information Technology Act, No.21,

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

IIPRD

JANUARY 29, 2023

The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. 5] The content creator reached out to the artist for a commissioned artwork which is a unique character design. 2d 119 (2d Cir. 2d 945 (9 th Cir.

IP 52

IP Artwork Contracts Intellectual Property 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. In addition, claims for information are provided for at various points in the UrhG.

Contracts 98

Contracts Copyright Law Cease and Desist 98

Intepat

APRIL 19, 2023

In other words, copyright does not prevent others from creating a similar software program or user interface, as long as they do not copy the original code or design. The revised guidelines of 2004 provided that inventions which involved a novel hardware component or those that produced a technical effect were patentable.

Invention 52

Invention Intellectual Property Patent Copyright 52

Patentably Defined

JUNE 7, 2012

2004); In re Wood and Eversole , 599 F.2d 2004); In re Clay , 966 F.2d The Smith patent is directed to a container that is designed to separate its contents, as opposed to one designed to facilitate the mixing of those contents. Follow this link to download a copy. In re Bigio , 381 F.3d 3d 1320, 1325-1326 (Fed.

Art 40

Art Inventor Invention Patent 40

Technology & Marketing Law Blog

AUGUST 11, 2023

The next paragraph “encourage[d]” Mr. Sadlock to “review the updated Subscriber Agreement in full and save a copy for your files. July 27, 2023) Kass created a PayPal account in 2004. Once effective, it will govern your use and enjoyment of your Disney+ or ESPN+ subscription.” PayPal, Inc. , 22-2575 (7th Cir.

Contracts 98

Contracts Law Reporting Blogging 98

43(B)log

JULY 20, 2023

Since 2004, she worked as a high school teacher at a homeschool co-op in Michigan. Publications “designed to convey the point that consumption of a particular product [will convey a health benefit] are clearly likely to induce the purchase of that product.” Parks, who had (as relevant) a Ph.D.

Government 40

Government Advertising Advertising Social Media 40

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

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. As noted above, companies are already taking advantage of these new designations. Introduction. Federal Legislation.

Litigation 52

Litigation Settlement Marketing Marketing 52

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.

Copyright 102

Copyright Copying Copyright Infringement Licensing 102

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. I also reached similar conclusions with regards to design law in a parallel study. Now, my research has shown that not all academic criticism was completely justified.

IP 126

IP Intellectual Property Law Copying 126

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 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.”

Copyright 96

Copyright Public Domain Copying Publishing 96

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

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. This is a topic I used as a sample exam idea in the 1990s). ” (How about this: let’s not). ” (How about this: let’s not).

Advertising 126

Advertising Advertising Trademark Settlement 126

43(B)log

AUGUST 4, 2021

Conventional wisdom: Incoherent mess; regimes generally unrelated to each other, primarily products of industry lobbying, little meaningful institutional design, anachronistic like jukebox compulsory licensing fees. Digital TV: operating outside © failed, and Aereo also failed to get a §119 compulsory cable license.

Copyright 45

Copyright Licensing Fair Use Contracts 45

IPilogue

NOVEMBER 11, 2021

However, fair dealing’s designation as an “exception” inherently produces a negative implication: that copyright law is the “natural order” of things. The Court refers to it more specifically as a “user’s right”. That anyone’s use of a copyright-protected work infringes the copyright owner’s property.

Fair Use 110

Fair Use Copyright Law Copyright Intellectual Property 110

Technology & Marketing Law Blog

SEPTEMBER 19, 2023

The Supreme Court essentially struck down COPA in 2004 in Ashcroft v. As state legislatures continue to copy “protect kids online” laws that were struck down decades ago, unsurprisingly they are getting the same (negative) results. Congress then passed the Child Online Protection Act (COPA) in 1998, which was CDA 2.0

Social Media 130

Social Media Privacy Law Government 130