The IP Law Blog

APRIL 8, 2021

Finding Google’s copying a fair use, the Supreme Court ended Oracle’s decade-long attempt to recover copyright damages. At the time Google was developing the Android platform, many software developers were using Sun Microsystems’ Java programming language and its popular Java SE platform. However, the majority did not agree.

Fair Use 52

Fair Use Copyright Copying Designs 52

Plagiarism Today

OCTOBER 3, 2022

That case, after many stops and starts, went to trial last week with the jury awarding victory to Alexander, saying that Take-Two’s use of the tattoos was not a fair use. Peters served as the Register of Copyrights from 1994 through 2010, a tenure that made her the second-longest running Register in history.

Licensing 183

Licensing Copyright Fair Use Plagiarism 183

BYU Copyright Blog

JANUARY 24, 2022

In its Answer, Chegg asserts multiple defenses, including that “any use of Pearson’s asserted copyrighted works by or through Chegg’s services constitutes fair use.” Chegg does not provide further details to support its fair use claim.Chegg also asserted the equitable estoppel doctrine.

Fair Use 95

Fair Use Licensing Copyright Infringement Publishing 95

IPilogue

OCTOBER 26, 2021

It started out in 2010 when Oracle sued Google for copying the application programming interfaces (APIs) of Java, a programming language developed and licensed by Sun Microsystems and later acquired by Oracle, in Google’s development of the Android operating system. The case meandered through constant reversals of judicial judgements.

Copyright Infringement 111

Copyright Infringement Copyright Fair Use Settlement 111

Likelihood of Confusion

DECEMBER 22, 2023

Originally posted 2010-07-29 22:57:01. Free (and apolitical) IP advice for bloggers over at Right Wing News. Republished by Blog Post Promoter The post And worth every penny! appeared first on LIKELIHOOD OF CONFUSION™.

Blogging 80

Blogging IP Fair Use Journalism 80

Likelihood of Confusion

JULY 30, 2023

In 2010 I wrote this post about a now-notorious case, eventually ensconced as Louis Vuitton Malletier, S.A. The post Trademark parodies and iconic marks: can foul become fair? Hyundai Motor America, 2012 WL 1022247 (S.D.N.Y., March 22, 2012) and covered. appeared first on LIKELIHOOD OF CONFUSION™.

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Trademark Fair Use 89

IP and Legal Filings

JUNE 29, 2024

Ramkumar Jewellers , wherein it was held that an individual should be able to control the circumstances around the use of their identification. [8] This usually applies in cases of news, parody, commentary, non-commercial use etc. The fair use doctrine has been an exception used widely against the intellectual property law violation.

Personality Rights 92

Personality Rights Fair Use Privacy Intellectual Property Law 92

Patently-O

JANUARY 4, 2024

I believe that Winston & Strawn will eventually prevail based upon a fair use defense, but it is still an embarrassing situation for the firm and attorneys involved. 2d 756, 757 (Iowa 2010). Winston & Strawn , 23-cv-11193 (S.D.N.Y. I hope that they did not overbill the client. A key case on point is Iowa S.

Plagiarism 124

Plagiarism Fair Use Copying Copyright Infringement 124

Technology & Marketing Law Blog

MARCH 11, 2022

Nevertheless, the registration is worthless because Newman qualifies for fair use. The court notes that a motion to dismiss “generally provides an unaccommodating vehicle for adjudicating fair use” because it’s an affirmative defense and often fact-dependent. ” Nature of Use. Implications.

Fair Use 110

Fair Use Copying Copyright Publishing 110

Intepat

APRIL 23, 2021

Google claims that it has done this to ensure interoperability among software and to attract already existing developers to its platform so that developers would be comfortable using a similar coding environment. The jury, in this case, held that the re-implementation of 37 Java APIs was protected by fair use.

Copyright Infringement 52

Copyright Infringement Copyright Fair Use Copying 52

JIPEL Copyright Blog

APRIL 28, 2021

Despite the barriers to fanfiction that the derivative work doctrine raises, fanfiction writers may find relief from liability through the fair use doctrine. 2010), where an author attempted to sell an unauthorized sequel to J.D. This is clear from the case of Salinger v. Colting , 607 F.3d 3d 68 (2d Cir.

Derivative Work 45

Derivative Work Fair Use Copyright Marketing 45

Erik K Pelton

DECEMBER 20, 2022

which will determine the scope of the Lanham Act as applied to trademark infringement that occurs outside the US. The Court has also agreed to hear a patent case this term, and it will rule on a copyright fair-use case brought by the Andy Warhol Foundation for the Visual Arts that was heard this fall. 2010: [link].

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

Technology & Marketing Law Blog

NOVEMBER 11, 2023

The court summarizes: “Meta claims that it raised issues with Plaintiffs, including “nominative fair use,” “commentary,” and “the un-likelihood of confusion based on the appearance of the marks in the actual marketplace, as they will be encountered by consumers.””

Trademark 100

Trademark Contracts Blogging Fair Use 100

Likelihood of Confusion

AUGUST 19, 2021

Originally posted 2010-03-28 10:00:14. The IMPACT® blog reports a settlement in the Second Life dispute. Republished by Blog Post Promoter. The post Second Life case settles appeared first on LIKELIHOOD OF CONFUSION™.

Settlement 52

Settlement Blogging Reporting Fair Use 52

TorrentFreak

OCTOBER 28, 2021

This includes phone jailbreaking, which was declared legal in 2010. According to the Office, the current limitations hinder fair use modifications of these devices. This legal restriction prevents the general public from bypassing DRM protection on a wide variety of content and devices. Jailbeaking Video Streaming Devces.

Copyright 144

Copyright Television Fair Use Privacy 144

JIPL Online

MARCH 15, 2021

20] In another case that did not settle, Netflix won a case when it used eight seconds of the song “Fish Sticks n’ Tater Tots” without permission in its documentary “Burlesque: Heart of the Glitter Tribe.” [21] Based on its fair use win in “Burlesque,” [30] Netflix may try to incorporate more content using the fair use defense.

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

The IPKat

APRIL 4, 2024

This led to the establishment of bodies such as the Music Industry Task Team (MITT) in 2000 (p26) and the Copyright Review Commission (CRC) in 2010.

Copyright 131

Copyright Music Artistic Work Contracts 131

Copyright Lately

DECEMBER 24, 2023

Netflix was decided after the Supreme Court managed to make fair use even more complicated in Andy Warhol Foundation v. Teresa La Dart, the author of a 2010 poetry book called Lover , filed a copyright infringement lawsuit over a companion book for Swift’s 2019 album of the same name. Even though Cramer v.

Copyright 106

Copyright Copyright Infringement Music Fair Use 106

Greenspoon Marder LLP

MAY 12, 2013

In 2010, Justin Bieber, the wildly popular teen pop star, released a song, “Somebody to Love” with Usher providing back up vocals. Copeland states he never heard back from Usher, however, he did hear his song being sung on the radio by Bieber in 2010. By: Sharon Urias, Esq. The song hit Number 15 on the U.S. Billboard chart.

Copyright 52

Copyright Copyright Infringement Music Fair Use 52

IP and Legal Filings

OCTOBER 28, 2023

TARNISHMENT Unauthorized use of famous mark which is offensive, inappropriate in connection with a similar mark or trade name.Tarnishmentmainly occurs when the product is contrary to the corporate values of the trademark owner and another form is to offend or criticize the trademark’s owner. “ 2010 (42) PTC 572 (Del.)

Trademark 89

Trademark Registering Trademarks Trademark Law Brands 89

SpicyIP

FEBRUARY 27, 2024

We have already traversed through Junes , Julys , Augusts , Septembers , Octobers , Novembers , Decembers , and shared some stories like Rahul Cherian’s Legacy, 2010’s International Efforts on Pandemics, Corruption in IP Offices, Law Making via Leaked Documents, etc. It’s the 8th post of this monthly series.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

IP and Legal Filings

FEBRUARY 9, 2022

Turning to FCA’s nominative and fair use defence, the court applied the New Kids on the Block test to evaluate likelihood of confusion. And third, the court determined that FCA could “tack on” Chrysler’s prior use of the trademarks before it merged with Fiat Group in 2014.

Trademark 52

Trademark Licensing Registration Fair Use 52

SpicyIP

DECEMBER 20, 2023

From Big-B Baritone to Anil Kapoor’s Jhakaas, the life of Personality rights : Since Shouvik’s 2010 post about Amitabh Bachhan’s concern over the use of his voice to sell Gutka (an addictive substance), we have come to a long way! Basheer’s two larger-than-law type posts: The Seed(y) Saga and Pest Policy. Sounds “Jhakaas!”

Personality Rights 59

Personality Rights IP Licensing Copyright 59

JIPL Online

NOVEMBER 1, 2021

19] After classifying the mod as derivative, the court rejected other protections such as fair use doctrine as defenses to the paid mod. [20] First Monday , (May 3, 2010) [link]. Explaining how individual donation links used to provide minimal income). [9] First Monday , (May 3, 2010) [link]. [34] & Mary Bus.

Derivative Work 59

Derivative Work Cease and Desist Blogging Litigation 59

Technology & Marketing Law Blog

OCTOBER 19, 2021

Nevertheless, because adware often provided poor consumer experiences, adware largely fizzled out by 2010. The court approaches this case like it’s an adware case, but the court never once uses the term. WhenU concluded that copyright was a dead-end. 1-800 Contacts v. WhenU concluded that trademarks was a dead-end. Intel Corp.,

Licensing 97

Licensing Copyright Contracts Advertising 97

Traverse Legal Blog

OCTOBER 24, 2024

Explaining the rationale behind this, the Ninth Circuit stated that: “Were we to conclude that [Plaintiff’s] misappropriation claim was not preempted by the Copyright Act, then virtually every use of a copyright[] would infringe upon the original performer’s right of publicity.” Sony Music Entm’t, Inc. , 144942 Canada Inc. ,

Social Media 98

Social Media Copyright Infringement Copyright Law 98

SpicyIP

JULY 22, 2023

It suggests that while fair use laws do permit the use of copyrighted material without the owner’s permission, ongoing legal disputes could disrupt this status quo; which brings uncertainty to the future of AI model training. It further notes that India ranks 8 th in AI patents, and 4 th in terms of AI scholarly papers.

IP 94

IP Intellectual Property Reporting Government 94

SpicyIP

DECEMBER 30, 2023

Madras High Court Fixes Compulsory Licences Royalty Rates against Radio Broadcast, under Section 31(1)(b) The Madras High Court delivered a judgement against the appeal from the 2010 Copyright Board’s order, fixing compulsory licence royalty rates for radio broadcasters under Section 31(1)(b). Acko General Insurance.

IP 116

IP Copyright Trademark Intellectual Property 116

43(B)log

AUGUST 4, 2021

Jacob Victor, Copyright’s Law of Dissemination: trying to disaggregate dissemination from use of a work in new creativity/e.g., transformative fair use. Judicial: Google Books/utility expanding fair use; Sony v. Also purpose as a consideration in finding infringement. So what is available to the Australian public?

Copyright 45

Copyright Licensing Fair Use Contracts 45

LexBlog IP

OCTOBER 25, 2023

The copyright claims came down to a fair use analysis, something that has occupied discussions by this poster before. ” With a mixed bag present on the substantial similarity analysis, the District Court moved on to looking at fair use itself. .” Let’s see why.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

SpicyIP

OCTOBER 27, 2023

Dark Patterns Unmasked: Examining Their Influence on Digital Platforms and User Behaviour Srijaa Grover and Yaggya Kapoor Harry Brignull introduced the concept of “dark patterns” in 2010, describing them as deceptive tactics aimed at boosting conversion rates.

Intellectual Property 52

Intellectual Property Designs Design False Advertising 52

43(B)log

AUGUST 11, 2022

Around 2010, some studios started enforcing, e.g., Twentieth Century Fox sued over copying of plot of Phone Booth and was successful. 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. But there weren’t reported lawsuits against Bollywood films.

IP 72

IP Copying Marketing Marketing 72

LexBlog IP

SEPTEMBER 29, 2022

In the US, other sound marks include Law & Order ’s ca-chung chung (as Reg. Here in a nutshell is the query the Court addressed: 16 Under Article 7(1)(b) of Regulation 2017/1001, trade marks which are devoid of any distinctive character shall not be registered. 1 v OHIM , C‑329/02 P, EU:C:2004:532, paragraph 23).

Trademark 52

Trademark Registration Music Intellectual Property 52

SpicyIP

JANUARY 27, 2024

2010’s International Efforts on Pandemics: Did you know Swaraj’s 2010 post on “ Progress(?) E.g. check Namratha’s post on CovEducatio and Fair Use and Divij’s take on the Legality of Digital Libraries in a Lockdown. Yet again, there’s a lot that needs highlighting here, but let’s keep it for another day.

IP 64

IP Licensing Copyright Blogging 64

43(B)log

AUGUST 8, 2024

Mark Bartholomew, Publicity Rights After Warhol Risk that courts will apply Warhol to ROP cases, but transformativeness is the only element in the ROP defense as defined by the California SCt rather than a multifactor fair use test. Congress endorsed an incompletely theorized agreement w/o contents of fair use being defined.

Fair Use 45

Fair Use IP Art Registration 45

43(B)log

NOVEMBER 2, 2021

Allowing such a claim would provide “a de facto veto over the [copyright holder’s] rights under the Copyright Act,” [including its rights to tolerate use/also would provide a veto over fair uses]. Jules Jordan Video, Inc. 144942 Canada Inc., 3d 1146 (9th Cir. But were the claims preempted?

Copyright 64

Copyright Advertising Advertising Privacy 64

Patently-O

DECEMBER 12, 2021

Missouri’s predominant purpose test, which inquires into whether the predominant purpose of using the famous person’s name or identity is to exploit its commercial value; or whether “the predominant purpose of the product is to make an expressive comment on or about a celebrity.” [15] 10] In re Hoefflin , 2010 WL 5191373, *1. [11]

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Registration Government Advertising Advertising 69