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Image created by AI The concept of lawfulness in relation to user status or user acts has been gradually established in EU digital copyright law as a condition for the enjoyment of certain copyright exceptions. In the Copydan judgment, the CJEU was more explicit regarding the conditions governing the lawful source.
Shamnad Basheer 1976-2019; taken at NUJS, Kolkata circa 2009. We are very happy to announce the results of the 2024 Shamnad Basheer Essay Competition on Intellectual Property Law! The Third Prize goes to Kartik Sharma , from National Law School of India University, Bengaluru for the essay titled Whats in a Name?
This is a review of the newest edition of The Protection of Geographical Indications: Law and Practice (Edward Elgar, 2024) by Michael Blakeney (University of Western Australia). Now in its third edition, the text provides detailed commentary on the European laws on geographical indications (GIs) and related areas of law.
In India, goods which are sold or distributed by weight, measure or numbers are regulated by The Legal Metrology Act, 2009 (hereinafter referred to as “the act”). Law imposes secondary liability on e-commerce entities as they are conceived as mere conduits of information. 1] The Legal Metrology Act, 2009 (1 of 2010), s.
Kat (re-)unification Should the EU unify the copyright laws of its Member States and introduce, over thirty years after the start of the harmonization process, a unitary copyright title? In 2015, the European Commission itself called unification of copyright laws “ a long-term target ”. The short answer is: yes.
Rojadirecta Challenges Danish Site Blocking In 2009, anti-piracy group Rights Alliance , in conjunction with LaLiga, obtained a site-blocking injunction against Rojadirecta in Denmark. Rojadirecta tried to achieve an equally positive result when it challenged a Danish site blocking order. But that didn’t go as planned.
Posted on August 6, 2009. The post Best of 2009: The DMCA and the search engine appeared first on LIKELIHOOD OF CONFUSION™. Traverse Legal: Mary Roach has a great post at CircleID on an area that we have talked about extensively, namely, copyright takedowns under the Digital Millennium Copyright.
Eircom (Now Eir) Resisted, Then Got on Board Following legal action by the Irish Recorded Music Association (IRMA), representing EMI, Sony, Universal and Warner, Irish ISP Eircom reached a settlement with the labels in 2009, leading to the introduction of a similar program, albeit to a background of legal complications. Or did they?
Only Marc Randazza can put certain things in certain ways — and on those occasions when he’s actually right (like when he’s discussing law and not politics! ;-)), man, he’s. The post Best of 2009: The best of the best. Of the bestest. appeared first on LIKELIHOOD OF CONFUSION™.
Rojadirecta was adamant that under existing law the site operated legally and steadfastly refused to shut down. In 2009, that position was endorsed by a district court and then upheld by a provincial court after rightsholders filed an appeal.
Sony Wins Early But Cooler Heads Prevail Software quite rightly receives protection under copyright law but in Datel, Sony wants a ruling that outlaws the modification of variables generated by software that only ever exist in RAM and form no part of the underlying copyrighted source code.
In view of the law laid down, it is clearly inferred that in order to avail the defence of fair dealing the parodist must show that there was no intention, to compete with the copyright holder of the work and to derive profits from such competition and also, the motive of the alleged infringer in dealing with the work must not be improper.
My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Facebook , a California appeals court shocked the advertising community by suggesting that using common demographic criteria for ad targeting, such as age or gender, may violate California’s anti-discrimination law.
Finnish telecommunications company Nokia alleges Amazon has yet to pay a "single royalty" for patents related to video coding technology, despite Nokia's 14-year effort to secure a fair licensing deal, according to a suit filed Friday in Delaware federal court.
The post Best of 2009: “Infinity Dollars” — IP damages and the jury, Part 1 appeared first on LIKELIHOOD OF CONFUSION™. A lot of people, including judges, lawyers and civilians, don’t seem to really understand what statutory damages are all about. They are not supposed to be a windfall (discussed more.
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. Lokesh attempts to find grounding for it in Indian law through the current post. He graduated from the Institute of Law Nirma University, Ahmedabad in 2021.
Originally posted 2009-11-05 20:39:49. Republished by Blog Post PromoterA while ago the Media Bloggers Association set up a stable of attorneys “to provide MBA members with first-line counsel on matters relating to the use of intellectual property, defamation and other issues arising from their weblogging.”
The Digital Millennium Copyright Act (DMCA) is easily the best-known law when it comes to notice and takedown. . Passed into law in 1998, the DMCA is the law that creates the notice-and-takedown regime used in the United States and creates both the requirements for a DMCA notice and the notice/counternotice process we are most familiar with.
Hons) student at the National Law University Delhi with a keen interest in the intersection of law and policy. Hons) student at the National Law School of India University, Bangalore with a keen interest in various aspects of IPR and technology law. ] Khushi is a third-year B.A., Vishno is a third-year B.A.,
Then seemingly out of nowhere, in 2008/2009 the government began shutting down popular sites including Extremebits, Rapthe , Superfundo and later, LeechersLair. Excellent infrastructure and limited anti-piracy action made Malaysia a popular hosting location back when torrent sites were in their prime.
Since at least 2009, Canada has consistently ranked among the top ten countries for patent filings related to climate change mitigation and adaptation technologies. This is no surprise given Canada’s patent friendly courts and the multiple government incentives supporting the transition to greener technologies. By: Smart & Biggar
To provide security and prevent this, Indian law has established protection for marks and symbols with religious connotations; hence, if a mark includes anything that might offend a certain class of people or segment of the public due to their religious sensibilities, protection may be denied to such a mark [4]. 1] Acharya, M.
It owned a figurative EU trade mark containing the word ' HEITECH ', registered in 2008 and used since 6 May 2009 at the latest. It was only in April 2009 that the plaintiff sent a warning letter to the defendant, requesting that it cease and desist from using 'HEITECH' as a trade mark and company name. The plaintiff did not respond.
Originally posted 2009-11-24 17:22:33. Republished by Blog Post PromoterYehuda Berlinger, whose poetic version of the Lanham Act we linked to anon, also did the Copyright Act last summer. Somehow I missed it, but since then I’ve been doing a lot more copyright litigation anyway, so I can use it now.
On the other hand, the reputation of a trade mark will no longer be considered in concluding that a mark is “too famous” to be confused, as was the case in Mars Australia Pty Ltd v Sweet Rewards Pty Ltd [2009] FCAFC 174. It is unclear whether this decision may influence a court’s assessment of deceptive similarity.
Founded in 2009, the file-sharing and hosting platform grew out to become one of the country’s most-visited websites. Operating in the face of legal pressure is a challenge, but Hellspy always felt that it had the law on its side. Hellspy stressed that wasn’t happy with these changes but it respected the law.
The post Best of 2009: McBummer: Thoughts on the McFamily of Trademarks McConcept appeared first on LIKELIHOOD OF CONFUSION™. I’ve written before about the odd cultural juxtaposition of McDonald’s and the Muslim world. It turns out I don’t know the half of it! Now McDonald’s has lost its effort to.
Protecting Rights Despite its authorization under the new law, the official launch of the Hadopi agency in 2009 met with significant opposition. La Quadrature’s opposition to the Hadopi anti-piracy program focuses on the law crafted to support it.
law is clear that the CPPA is meant to extend as far as Article III’s requirements will permit—but it can go no further than that” [because DC has been denied statehood]. No decision I have found fully addresses what standing limits there are on Article I courts; the Court of Federal Claims applies Art. United States, 575 F.3d
File-hosting platform 1fichier.com appeared around 2009 and since then has seen no shortage of copyright complaints. The company views that as problematic and a violation of EU law. Most recently, it was highlighted by the U.S. Trade Representative as a notorious piracy market.
Pankhuri Malik is an IPilogue Writer and an LLM Candidate at Osgoode Hall Law School. . based proprietor of the egg-shaped lip balms since 2009 , has failed in its attempt to have the shape of its lip balm registered as a three-dimensional (“3D”) trademark before the European Union Intellectual Property Office (“EUIPO”).
20-2009, The Federal Circuit held that an entity’s physical presence in a jurisdiction does not automatically confer jurisdiction over related corporate entities. It’s No Secret That a Related Company’s Physical Presence in a Jurisdiction May Not Be Enough For Proper Venue - In Andra Group, LP v. Victoria’s Secret Stores, LLC, Appeal No.
In addition to the previous revelations that sparked the controversy, the Globe and Mail is now reporting that in early 2015, Dattani delivered a presentation titled “ Terrorism and the Targeting of Civilians under International Law.”
Following their victory at the local elections, the Swedish Pirate Party secured a seat at the European Parliament in 2009, with another one being added a year later. But they were wrong to dismiss this political movement right off the bat. The success inspired people in other countries to form their own Pirate parties.
Reading Time: < 1 minute On December 3, 2021, the provincial-level Board of Directors of the Ontario Association for Family Mediation (OAFM) elected Chris Deeble, member of the Family Law Group, as a director, where he will serve a three-year term. Called to the bar in 2009, Chris has been an Accredited Family Mediator since 2017.
Section 29 of the trademark law draws attention to the authorised owner and defines trademark infringement as a violation of the exclusive rights claimed by the registered owner under the trademark’s act of 1999. It’s a common law principle that holds someone liable if they cause a direct infringer to infringe. Bisleri Pvt.
2009), which stands for the proposition that, yes, a domain name registrar can be liable for contributory trademark infringement arising from the directly infringing acts of its clients. [stextbox id=”info”] This is a summary and analysis of the decision in Transamerica Corp. Moniker Online Services, 672 F.Supp.2d 2d 1353 (S.D.
Shamnad Basheer 1976-2019; taken at NUJS, Kolkata circa 2009. With several requests for extensions coming in, we’ve decided to extend the deadline for the 2024 Shamnad Basheer Essay Competition on Intellectual Property Law. The new deadline is 28th July, 2024 (11:59 pm IST).
Background Mr Safarov is the author of a book that was published in 2009. The domestic courts considered that the acts at issue would be covered by exceptions (according to Safarov, beyond the catalogue of allowed exceptions and limitations under national law). Let’s see more in detail what happened.
Abstract This article delves into the complex world of gambling and online betting laws in India, examining their historical context and the existing regulatory framework. To address these issues and the lack of a regulatory framework, a policy analysis of gambling and betting laws in India is warranted.
Ever since its launch in 2009, rightsholders have complained that file-hosting platform 1fichier.com fails to take intellectual property rights seriously. In respect of copyright infringement notices or trademark-based takedowns, rightsholders are not required to provide information that goes beyond the requirements of the law.
This is a review of the twentieth edition of Terrell on the Law of Patents , which was released at the end of June 2024. Since the last edition in 2020, there have been significant developments in UK intellectual property law, although the effects of Brexit have been somewhat limited in the realm of patent law. pesticides).
Due to the nature of the case, the stakes remain high for rightsholders and intermediaries alike, regardless of who ‘won’ Following an eight-week Federal Court trial in 2009, a 2010 decision found that iiNet was not liable for its customers’ piracy activities. We do not agree with these assertions.”
According to Asher, these books, authored by William “Will” Wills , have been sold by Amazon since 2009 without his authorization. Despite submitting a copyright infringement claim to Amazon, Asher asserts that the books have continued to be available in both Kindle and paperback formats.
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