Above the Fold

JULY 5, 2022

In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] Fashion companies should be aware that they may need to obtain a license to, or ownership of, the copyright from the photographer. 2010) (citing Lee v. 2010) (quoting Payless Shoesource, Inc.

Intellectual Property 40

Intellectual Property Design Patent Design Designs 40

Technology & Marketing Law Blog

AUGUST 30, 2021

Court of Appeals for the Ninth Circuit held that California Civil Code section 980(a)(2) , which grants “exclusive ownership” of a sound recording fixed before February 15, 1972, to its “author,” provides only an exclusive right of reproduction and distribution, and does not provide an exclusive right of public performance.

Blogging 95

Blogging Copyright Settlement Ownership 95

43(B)log

JULY 3, 2023

Prior import plans in 2010-11 were paused. Trade dress infringement: Summary judgment denied; I’m going to skip most of the discussion because, sadly for the hardworking district court, I think Abitron does require revisiting it, even if the trade dress is inherently distinctive and was copied. A jury could go either way.

False Advertising 59

False Advertising Advertising Advertising Registration 59

Kluwer Copyright Blog

MARCH 13, 2024

This crucial development, which restores copyright as an access right (see Geiger, 2016 ; Efroni, 2010 ) provides a normative foundation to reinforce the societal bargain that creates incentives for authors, but also creates room for downstream creativity and innovation. However, it is only a first step towards making user’s rights a reality.

Copyright 117

Copyright Art Licensing Contracts 117

Technology & Marketing Law Blog

OCTOBER 19, 2021

Nevertheless, because adware often provided poor consumer experiences, adware largely fizzled out by 2010. Plaintiffs want and expect Google to copy and display their websites in Chrome browser and Search App, and acknowledge that Google has license to do so.” WhenU concluded that copyright was a dead-end. 1-800 Contacts v.

Licensing 100

Licensing Copyright Contracts Advertising 100

IPilogue

NOVEMBER 17, 2021

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws. Of note, in DRG Inc.

Ownership 102

Ownership Intellectual Property Artwork Copyright Law 102

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).

IP 114

IP Copyright Trademark Intellectual Property 114

The IPKat

NOVEMBER 1, 2022

Seabrook’s 2010 obituary says that-- …as a marketing / promotion effort, he personally obtained the registered trade-mark for the word “Ogopogo” and an artistic rendering of the famed lake monster. Unfortunately, while CIPO’s database records registration, it has no copy of what was registered. And the database only goes back to 1991.

Copyright 125

Copyright Artwork Due Diligence Publishing 125

43(B)log

AUGUST 11, 2022

Easiest way to make money was to make a film likely to succeed, and copying a successful foreign plot was a good way to do so. Around 2010, some studios started enforcing, e.g., Twentieth Century Fox sued over copying of plot of Phone Booth and was successful. In this case, certain gags had been copied from Knock on Wood.

IP 72

IP Copying Marketing Marketing 72

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

In particular, under the new amendments, reference product sponsors (RPSs) are required to provide FDA with copies of any patent lists, along with patent expiration dates, within 30 days of when they were first provided to biosimilar applicants as part of the patent dance (pursuant to 42 U.S.C. § 262( l )(3)(A) or ( l )(7)). Sandoz , 964 F.3d

Litigation 52

Litigation Settlement Marketing Marketing 52

The IPKat

MAY 25, 2022

Can and should those beliefs be protected under the Equality Act 2010, protecting copyright believers against discrimination in employment law and in the exercise by public authorities in their functions? As IP aficionados, many readers of this blog will have strong views about the proper scope of copyright law.

Copyright 93

Copyright Moral Rights Intellectual Property Intellectual Property Law 93

43(B)log

NOVEMBER 2, 2021

The court doesn’t mention it, but one reason clearly implicated by this situation is first sale: if someone has a lawfully made copy of a yearbook to sell, their lack of copyright ownership shouldn’t affect the fact that ROP claims against the sale are preempted.) The court rejects this argument, for good reason. 144942 Canada Inc.,

Copyright 64

Copyright Advertising Advertising Privacy 64

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

PDF copy available. Patent and Trademark Office (“USPTO”), climbing from 3,773 in 2010 to 5,319 in 2019 (see Figure 1). Fish principals Hyun Jin (HJ) In, Ph.D. , Ralph Phillips , and Daniel Tishman explore these growing industries and offer considerations for companies protecting and defending their IP.

Intellectual Property 52

Intellectual Property Technology Journalism IP 52