SpicyIP

MARCH 24, 2025

Ali Shayif (2009) ( paywalled ) which has been cited numerous times by the Supreme Court and numerous High Courts of India ( here and here ). It has been noted that to justify piercing the corporate veil, there must be both- control of the company by the wrongdoer and an impropriety , a principle from a UK judgment Ben Hashem v.

Social Media 76

Social Media Trademark Law Brands 76

SpicyIP

JANUARY 17, 2022

The query around r2r in general is not a new one – see for example Appadurai’s widely cited 2006 paper by the same name, or SPARC’s Coalition formed back in 2009. Right to Research (“R2R”): An Independent Right with an Imposed Dependence in Copyright Law? a user right under copyright law. Lokesh Vyas.

Copyright Law 119

Copyright Law Copyright Law Art 119

SpicyIP

MARCH 1, 2025

These techniques of access control are all part of Digital Rights Management (DRM) and more specifically these are Technological Protection Measures (TPMs) introduced to protect the rights of the copyright holder. Thus the higher evidentiary standard of intention to infringe upon copyright must also be proved (p 588).

Copying 59

Copying Editing Licensing Copyright 59

IPilogue

APRIL 20, 2022

In 1999, Marvel finished the deal with Sony and officially handed over its most famous superhero for $7 million, which created a list of complex copyright issues for the next 20 years. However, Marvel had no right to unilaterally retain Spider-Man’s copyright unless Sony decided to terminate the contract—which seemed unlikely to happen.

Contracts 105

Contracts Copyright Ownership Blogging 105

Intellectual Property Law Blog

FEBRUARY 26, 2024

2009), the Board concluded in the IPRs that the operating manuals were not sufficiently publicly accessible to qualify as printed publications under pre-AIA 35 U.S.C. § The court added that Weber’s copyright ownership of the operating manuals does not negate Weber’s ability to make the operating manuals publicly accessible.

Confidentiality 130

Confidentiality Art Ownership Patent 130

Kluwer Copyright Blog

NOVEMBER 16, 2023

Photo by Udo Pohlmann via Pixabay Over the last decades, European lawyers got used to the – at times remarkable and even forceful – interventions of the Court of Justice of the EU (CJEU) in copyright law. The Safarov case In 2009, Safarov authors a book. He sues for copyright infringement and claims damages.

Copyright 92

Copyright Copying Copyright Law Publishing 92

IP and Legal Filings

MARCH 12, 2024

To protect the right of creators, Copyright law was introduced, fostering creative innovation. Copyright Law and Insufficient Injunctions The British Statute of Anne, 1710, was the first copyright statute. In India, the Copyright Act of 1957 grants certain rights to creators.

Intellectual Property 98

Intellectual Property Copyright Journalism Copyright Infringement 98

The TTABlog

DECEMBER 21, 2022

Applicant pointed out that the marks have co-existed since 2009 without actual confusion. Under the 13th DuPont factor, Applicant pointed to its ownership of six registrations for MAGIC CITY marks, invoking the Strategic Partners precedent. Text Copyright John L. Read comments and post your comment here. Welch 2022.

Registration 79

Registration Designs Design Ownership 79

SpicyIP

FEBRUARY 9, 2025

Abhinandan, on the other hand, transferred his ownership to the real estate group in return for Rs. 35 does not apply if the name has acquired distinctive or secondary meaning (The Goenka case (2009)). 500 crores (disputed figure). Abhinandan was also given two businesses- Lodha Ventures and Lodha FinServ. Further, Sec.

Brands 59

Brands Branding Branding Business 59

Copyright Lately

MAY 6, 2022

Just don’t forget about real world copyright law. ? Buying Copyrights. The first thing that’s important to understand is that buying a copy of a creative work, even if it happens to the only copy in existence, doesn’t give you any copyright interest in the work. Buying Objects ? And a quick review of U.S.

Derivative Work 91

Derivative Work Licensing Artwork Contracts 91

Kashishipr

AUGUST 4, 2021

In the age of cryptocurrency, the first move was advanced by the introduction of Bitcoin, which was introduced in a white paper in 2008, and then it came to be launched in 2009. The ramifications of not attributing trademark ownership could lead to multiple issues arising from the unsound use of such technology. Concluding Remarks.

Trademark 105

Trademark Trademark Law Intellectual Property Ownership 105

The TTABlog

APRIL 6, 2022

In Moreno , the Board held that, although exclusive licensee Julie Moreno could establish entitlement to a statutory cause of action, she could not prove priority based on use of the mark at issue by her licensor because that would "improperly recognize trademark ownership rights in a licensee." Text Copyright John L. See also Chem.

Ownership 52

Ownership Registration Trademark Contracts 52

Kashishipr

AUGUST 2, 2021

Goods or items produced outside Bangladesh involving infringement of the Copyright Act, 2000 or infringement of layout design of integrated circuits that are intended for sale or use for commercial purposes within the territory of Bangladesh. Images of genuine goods (for trademarks and designs). Custom Recordal Application Procedure.

IP 105

IP Intellectual Property Registration Registering Trademarks 105

IP and Legal Filings

OCTOBER 30, 2023

Hence, it is no wonder that the battle for ownership of her trademark is also highly sought after. Over time, the trademark underwent five changes before returning to its original form in 2009. The resulting work of art is protected by copyright, which is held by the creator.

Trademark 98

Trademark Brands Branding Branding 98

Intepat

OCTOBER 23, 2024

Retroactive and Prospective Assignment Agreement A prospective transfer of intellectual property rights (IPRs) is dependent on the occurrence of future events and is most commonly used in copyright law. Similarly, for Copyright law, the assignment agreement should be in writing and duly executed.

Intellectual Property 52

Intellectual Property Trademark Intellectual Property Law IP 52

LexBlog IP

FEBRUARY 26, 2024

2009), the Board concluded in the IPRs that the operating manuals were not sufficiently publicly accessible to qualify as printed publications under pre-AIA 35 U.S.C. § The court added that Weber’s copyright ownership of the operating manuals does not negate Weber’s ability to make the operating manuals publicly accessible.

Confidentiality 52

Confidentiality Art Ownership Patent 52

43(B)log

OCTOBER 31, 2022

25, 2022) Logan alleged that Facebook’s embedding tool enables third parties to infringe his copyrighted photos uploaded onto his Facebook account by embedding them to third-party websites and allowing embedding on Facebook from other websites, creating both direct and secondary liability. Meta Platforms, Inc., 2022 WL 14813836, No.

False Advertising 45

False Advertising Advertising Advertising Licensing 45

IIPRD

OCTOBER 17, 2022

It identifies the product of that company and recognizes its own and gives some rights to ownership that can be enforced. For example, in 2009 the owner of a physical TASER gun sued Liden Lab stating that the users of Second Life are infringing the TASER’s trademark by creating a version of the TASER gun and trading them in Second Life.

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

The TTABlog

JANUARY 4, 2022

For only the second time since the CAFC’s 2009 decision in In re Bose , the Board upheld a claim of fraud, ordering cancellation of a registration for the mark FUJIIRYOKI for massage chairs. The Board found that Fuji was the owner of the mark and that Shen’s claim of ownership was a false and material representation. Welch 2020-2021.

Registration 59

Registration Ownership Licensing Trademark 59

SpicyIP

FEBRUARY 27, 2024

The question of ownership in the virtual world, particularly in video games, has long been debated. For more descriptive posts especially on Non-Fungible Tokens (NFTs) and copyright law, check Adarsh Ramanujan’s two-part post here and here and Awani Kelkar’s post here. While the terms like virtual reality, AI, etc.,

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

The TTABlog

AUGUST 2, 2021

For only the second time since the CAFC's 2009 decision in In re Bose , the Board upheld a claim of fraud, ordering cancellation of a registration for the mark FUJIIRYOKI for massage chairs. 2009); Nationstar Mortg. Text Copyright John L. Fuji Medical Instruments Mfg. American Crocodile International Group, Inc. Cancellation No.

Registration 40

Registration Ownership Licensing Trademark 40

43(B)log

AUGUST 9, 2024

Implementation also covers TPMs though overrides protections for out of copyright works. Marketa Trimble, Cross-Border Exceptions and Limitations to Copyright: “Powered by AI” Not interested here in whether training infringes/using AI as an example of a process. Japan was earliest, in 2009. We look at training AI regimes.

Fair Use 59

Fair Use Moral Rights Law IP 59

The TTABlog

JULY 29, 2021

In 2009, Respondent Nema Foods filed an application to register the mark, When Nema Kimya became defunct, petitioner began exporting its products directly to respondent. The Board observed that "[m]erely being a distributor does not confer ownership of a mark for the goods being distributed. Text Copyright John L. Welch 2021.

Registration 40

Registration Cease and Desist Ownership Advertising 40

SpicyIP

MAY 20, 2024

Shamnad Basheer 1976-2019; taken at NUJS, Kolkata circa 2009. Bentley Systems Inc & Anr vs Pnc Infratech Limited & Ors on 13 May, 2024 (Delhi High Court) The plaintiff instituted the present copyright infringement suit against the defendant for continuing to use the plaintiff’s software after the expiry of its license.

Trademark 45

Trademark Advertising Advertising Invention 45

The TTABlog

SEPTEMBER 23, 2022

2009) (“Mere adoption (selection) of a mark accompanied by preparations to begin its use are insufficient for claiming ownership of and applying to register the mark.”); Mars Generation v. Text Copyright John L. & Rehab., Airflite, Inc., 3d 1350, 90 USPQ2d 1301, 1307 (Fed. Carson , 2021 USPQ2d 1057, at *21. Welch 2022.

Service Mark 40

Service Mark Registration Advertising Advertising 40

IIPRD

FEBRUARY 23, 2021

Intellectual Property such as patents, trademarks, brand value, copyright, etc have become foundational assets for several businesses, seeking greater importance and attention. General Motors pledged its “Green Technology” patents for a period of 2 years when it faced bankruptcy in 2009. Case Studies.

IP 40

IP Intellectual Property Business Brands 40

Technology & Marketing Law Blog

JULY 17, 2023

An Abitron employee had unearthed documents that suggested that Abitron (rather than Hetronic) had retained ownership of the trademarks in question after a series of business restructurings. Now that the Court has now applied it to both the federal patent and trademark statutes, perhaps copyright law is not far behind. Google Inc.

Blogging 75

Blogging Trademark Litigation Law 75