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 103

Copyright Copying Copyright Infringement Licensing 103

43(B)log

MARCH 1, 2022

Bell continues to market his 1982 72-page book, and also sells merchandise, “including t-shirts and posters that display the passage that was quoted in the tweets.” If that were all, copying the WIN Passage would be qualitatively significant. Effect on the market: Harm was implausible. NXIVM Corp. Ross Institute, 364 F.3d

Fair Use 90

Fair Use Social Media Licensing Marketing 90

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. Additionally, if the use does not harm the market value of the original work, it is more likely to be considered fair use.

Licensing 52

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.

Registration 132

Registration Fair Use Copyright Designs 132

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).

Fair Use 97

Fair Use Copying Television Social Media 97

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. 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 Branding Brands 98

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. The Plaintiff has been using the infringed trademark ‘FLY HIGH’ since 2004. Well, it appears the courts think most consumers would.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

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] Kiren Willy, India: e-commerce market size 2030 | Statista , [link] (last visited Sep 7, 2023).

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

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 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.” However, in the fall of 2019 , Warby Parker became a direct competitor of 1-800 Contacts by entering the contact lens market.

Advertising 52

Advertising Advertising Trademark Cease and Desist 52

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 45

Copyright Licensing Fair Use Contracts 45

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

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. The post More Chaos in the Law of Online Contract Formation appeared first on Technology & Marketing Law Blog. PayPal, Inc. , Facebook, Inc.,

Contracts 98

Contracts Law Reporting Blogging 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

Technology & Marketing Law Blog

JULY 25, 2022

1994), the plaintiff gave a copy of his screenplay to a film producer in 1985. 2004), the plaintiff gave Timex an exclusive license to use its film footage for a one-year period; but Timex continued to use the footage after the one-year period expired. MGM (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging 98

Blogging Copyright Licensing Copyright Infringement 98

43(B)log

AUGUST 22, 2022

Not all marketing of artistic works is noncommercial speech. 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. citing Rezec v. Sony Pictures Entertainment, Inc.,

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

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 75

Branding Branding Brands Litigation 75

43(B)log

JULY 20, 2023

Since 2004, she worked as a high school teacher at a homeschool co-op in Michigan. Also there was evidence that Nepute had marketed vitamins and supplements for at least a decade, and that he kept abreast of the news and participated in legislative decision-making related to Vitamin D, zinc, and COVID-19.

Government 40

Government Advertising Advertising Social Media 40

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?

Settlement 52

Settlement Litigation Marketing Marketing 52

SpicyIP

OCTOBER 23, 2023

We are pleased to bring to you a copy of this article by Prashant Reddy T on Justice Bhat’s rich legacy. Appointed to the Delhi High Court in 2004 where he served until May, 2019 before assuming the role of chief justice of the Rajasthan High Court and eventually being appointed to the Supreme Court in September 2019.

Intellectual Property 52

Intellectual Property Government Law IP 52

Technology & Marketing Law Blog

AUGUST 2, 2021

The book is available as a PDF at Gumroad for $10, as a Kindle ebook for $9.99, and in hard copy at Amazon for $20. The hard copy comes with a free PDF on request; and shipping should be free on Amazon Prime.] If you’re an academic and would like a free evaluation copy, please email me. Weis Markets. eBay (2d Cir.).

Editing 145

Editing Law Privacy Contracts 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. Marketing channels. Luxy appeared first on Technology & Marketing Law Blog. ” (How about this: let’s not).

Advertising 126

Advertising Advertising Trademark Settlement 126

SpicyIP

MAY 8, 2022

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! whether it does or not though, is a different question). them do that.

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 75

Business Public Domain Reporting Journalism 75

Technology & Marketing Law Blog

MARCH 23, 2025

I follow (via social and blogs) more independent journalists than I did then – I may not have followed any journalists in 2004. ” __ “I used to read print copies of the USPQ cases and BNA publications. And really only LinkedIn for professional – and that’s barely. Who has time?”

Social Media 52

Social Media Blogging Journalism Law 52

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.” Really sad that GvO didn’t address this—there seems to me no chance that the current textualist Court would accept this conflation of a factor one consideration with factor four’s market inquiry.]

Fair Use 83

Fair Use Music Marketing Marketing 83

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