TorrentFreak

AUGUST 14, 2021

Publishers Sue IA For Copyright Infringement. “Defendant IA is engaged in willful mass copyright infringement,” the complaint alleged. ” With claims including direct infringement on a sample of 127 books, the publishers demanded $150,000 in statutory damages per infringement.

Publishing 145

Publishing Fair Use Copyright Infringement Copyright 145

IP and Legal Filings

JANUARY 13, 2023

Copyright infringement and De Minimis are often replaced to complement each other. However, de minimis is sometimes used as a defence in a copyright lawsuit. More often than not, the lawsuits filed for copyright infringement are cases of de minimis and thereto, get dismissed on the anvil of frivolity. INTRODUCTION.

Copyright Infringement 52

Copyright Infringement Copyright Copyright Law Journalism 52

LexBlog IP

AUGUST 25, 2022

District Court can exercise personal jurisdiction over a foreign defendant with regard to a copyright infringement suit. Lang Van is a California corporation that produces and distributes Vietnamese music and entertainment, owning the copyrights to thousands of songs and programs. District Court in California.

Copyright Infringement 52

Copyright Infringement Copyright Contracts Music 52

The IP Law Blog

OCTOBER 14, 2021

Wilmott Storage Services, LLC , decided September 9, 2021, the Ninth Circuit clarified the role that the de minimis concept plays in copyright infringement cases. In essence, the Ninth Circuit explained that de minimis goes to the amount of copying of a copyrighted work as opposed to any de minimis use or display of any such a work.

Copyright 97

Copyright Copyright Infringement Copying Litigation 97

Michael Geist

AUGUST 5, 2021

York University has unsurprisingly been applauded by the education community, which having faced years of litigation launched by the copyright collective, now finds its position vindicated. The same was true after the Access Copyright v. Alberta Supreme Court of Canada decision in 2012.

Copyright 145

Copyright Copying Licensing Litigation 145

IPilogue

JANUARY 14, 2022

Our hard-working students and community members published more than twice as many articles than in 2020 and the most articles in a calendar year since 2011. Is GitHub’s New Feature a Copyright Infringer? Copyright Confusion: Sony Upsetting Nintendo YouTubers by Natalie Bravo. Copyright Law. David Vaver.

IP 105

IP Copyright Infringement Inventor Intellectual Property 105

SpicyIP

SEPTEMBER 18, 2023

We are pleased to bring to you a guest post by Roshan Santhalia ruminating on the question of whether a cease-and-desist notice before instituting a trademark or copyright infringement suit should be issued or not. Hons) LLB from NALSAR, Hyderabad in 2011 and MSc from Oxford, UK in 2012. He completed his B.A.

Cease and Desist 115

Cease and Desist Intellectual Property Law Settlement Copyright Infringement 115

SpicyIP

MARCH 16, 2025

Plagiarism and PMLA: Taking a look at the EDs involvement in the Shankar- Tamilnandan Enthiran Copyright Saga MHC stays ED’s move to attach Shankar’s assets under PMLA in connection with the 15-year-old Robot copyright dispute with writer Arur Tamilnandan. The appellant filed the present appeal.

Trademark 59

Trademark Copyright Brands Branding 59

IP and Legal Filings

MARCH 24, 2023

Introduction The Plaintiff is engaged in the construction business and is the proprietor of trademark BURJNOIDA in class 37 (for building and construction services) as of February 2, 2011, which it claims to have been using since December 24, 2010.

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Registration Trademark Copyright Infringement Copyright 98

IPilogue

FEBRUARY 25, 2022

Wang had a fellow streamer initiate takedown claims against his broadcasts under the Digital Millennium Copyright Act (“DMCA”) but was still able to stream Death Note for two weeks before Twitch acted against him. In 2007 , the IPilogue questioned how the DMCA will impact video hosting platforms.

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Music Moral Rights Copyright IP 102

Kluwer Copyright Blog

FEBRUARY 28, 2024

Such uses, they argue, constitute copyright infringement. In this regard, an important precedent lies in the history of US litigation involving Google Books. Judge Denny Chin initially found Google liable for failing to secure the consent of copyright owners before scanning their books. Fair Use Precedent?

Fair Use 138

Fair Use Copyright Moral Rights Copyright Law 138

Michael Geist

AUGUST 3, 2021

” The decision removes any doubt that the Supreme Court remains strongly supportive of user’s rights in copyright and vindicates years of educational policy in shifting away from Access Copyright toward alternative means of ensuring compliance with copyright law. .”

Copyright 103

Copyright Copying Copyright Infringement Licensing 103

SpicyIP

MAY 23, 2022

Akshat is a lawyer currently litigating at the Patna and Delhi High Courts. The Supreme Court’s Unsettling Attempt at Settling the Debate on Section 63 of the Copyright Act. The post is co-authored by Akshat Agrawal and Sangita Sharma. He has written for us earlier here. Akshat Agrawal & Sangita Sharma. Decriminalisation.

Copyright 137

Copyright Ownership Copyright Infringement Law 137

SpicyIP

AUGUST 26, 2024

However, its specific emphasis on protecting certain elements of the whole scheme of copyrighted content, such as fictional characters and the distinctive personas they embody, has been a focal point, contributing substantially to the discourse surrounding the ever-expanding ambit of copyrightability as well as personality rights.

Personality Rights 111

Personality Rights Privacy Copyright Trademark 111

CopyrightsWorld

FEBRUARY 10, 2021

This article is part of our series showcasing well-known copyright ownership cases from the music and film industries, technology, and more. This week’s post looks at three well-known copyright infringement cases involving tech giants battling each other over ownership rights. Apple vs. Microsoft.

Intellectual Property 76

Intellectual Property Design Patent Design Designs 76

Patently-O

OCTOBER 30, 2022

And when I say “numerous”: A search of Lexis CourtLink for NDIL cases with “Schedule A” in a party name results in a list of 2,669 cases filed since 2011. As the en banc court made clear in Egyptian Goddess , design patent infringement requires evaluation of the design as a whole. See, e.g., this case.

Design Patent 98

Design Patent Design Designs Art 98

SpicyIP

JANUARY 26, 2025

Discussing this development in light of ongoing litigations concerning rare diseases treatments, Md Sabeeh Ahmad writes on accessibility of these drugs and whether Section 100 is a viable solution for the problem. OpenAI faces a new copyright infringement claim from the Federation of Indian Publishers.

Trademark 59

Trademark Art Registration Business 59

Shades of Gray

NOVEMBER 2, 2016

Although trademark litigants should not expect awards of attorneys’ fees to become “an ordinary thing,” [31] the Supreme Court’s relaxation of the standard for fee awards in patent cases should result in a corresponding lowering of the bar in trademark cases. [1] 09-319 ADM/SER, 2011 WL 2457914 (D. June 17, 2011). [17]

Trademark 52

Trademark False Advertising Litigation Copyright 52

LexBlog IP

OCTOBER 14, 2021

Wilmott Storage Services, LLC , decided September 9, 2021, the Ninth Circuit clarified the role that the de minimis concept plays in copyright infringement cases. In essence, the Ninth Circuit explained that de minimis goes to the amount of copying of a copyrighted work as opposed to any de minimis use or display of any such a work.

Copyright 52

Copyright Copying Copyright Infringement Litigation 52

Kluwer Copyright Blog

NOVEMBER 16, 2023

But last year, one supranational interference with copyright law surprisingly did not come from Luxemburg, but from Strasbourg: the judgment in Safarov v Azerbaijan. He sues for copyright infringement and claims damages. The Azerbaijani Supreme Court upholds this decision in 2011. Balan ; Kamoy ; AsDAC ).

Copyright 92

Copyright Copying Copyright Law Publishing 92

Copyright Lately

JULY 19, 2021

Based on this error, Warner Music filed a motion to dismiss Yoakam’s complaint for copyright infringement. So while Yoakam’s case won’t be dismissed, he still runs the risk that after several years of litigation, the judge or a trier of fact could eventually find that the error in his termination notice wasn’t harmless.

Copyright 100

Copyright Music Social Media Copying 100

JIPL Online

MARCH 19, 2021

ii] These events were sudden and came as a shock to the platform’s creators who were given no opportunity to submit counternotifications or edit their content to remove the allegedly infringing material per the provisions of the Digital Millennium Copyright Act (the “DMCA”) and Twitch’s own DMCA Guidelines.

Music 76

Music Copyright Licensing Fair Use 76

The IP Law Blog

JANUARY 11, 2024

The Ninth Circuit concluded that because that and other republications after 2011 could give rise to personal injuries under the second prong, Mr. Elden “had 10 years from the date of reasonable discovery of those injuries to file his complaint.” Under this approach, the Ninth Circuit concluded that his complaint was timely.

Law 62

Law Copyright Infringement Music Advertising 62

Patently-O

MARCH 18, 2024

Campbell filed a provisional application in 2011 and a non-provisional in 2012 that eventually issued in 2016. The Patent Act includes a 6-year statute of limitations, but as written it only applies to cut-off recovery for patent infringement — and does not apply to lawsuits to correct inventorship. Advanced Cardiovascular Sys.

Patent 59

Patent Inventor Patent Infringement Design 59

LexBlog IP

FEBRUARY 1, 2023

In 2011, a friend noticed the signature on the painting and told Fletcher that it was probably created by a renowned artist named Peter Doig given the similarity of their names. The painting was created in 1976 by an inmate at Thunder Bay Correctional Center (TBCC), the prison in Ontario, Canada where Robert Fletcher worked.

Art 52

Art Litigation Artwork Copyright 52

SpicyIP

NOVEMBER 8, 2023

In another development, Publishers united to Fight Copyright Infringement on ResearchGate , although it was settled out of court. – Once upon a time, as Prashant noted in his October 2011 post, a trademark application was filed, examined, and published within a mere 72 hours at the Chennai Trademarks Registry.

Trademark 59

Trademark Publishing Journalism Copyright 59

LexBlog IP

JANUARY 11, 2024

The Ninth Circuit concluded that because that and other republications after 2011 could give rise to personal injuries under the second prong, Mr. Elden “had 10 years from the date of reasonable discovery of those injuries to file his complaint.”

Copyright Infringement 52

Copyright Infringement Music Advertising Advertising 52

The IPKat

JUNE 23, 2022

easyGroup Ltd v Nuclei Ltd [2022] EWHC 901 (Ch) (April 2022) Serial trade mark litigant easyGroup, the vehicle for Sir Stelios to seek to monopolise the word “easy” for travel and just about everything else, received some comeuppance before Mrs Justice Bacon. A claim for copyright infringement and passing off was issued in December 2019.

Brands 75

Brands Branding Branding Litigation 75

43(B)log

JULY 3, 2023

27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. Its cancellation petition for Zenú has been suspended during this litigation. Industria De Alimentos Zenu S.A.S. Latinfood U.S.

False Advertising 59

False Advertising Advertising Advertising Registration 59

Technology & Marketing Law Blog

DECEMBER 13, 2023

Zeidenberg is very clear with respect to copyright preemption. If nothing else, litigants know where they stand in these jurisdictions. 2011) (citing to ProCD in rejecting preemption in the context of a Desny claim). Which is probably a big part of the reason that many judges have been eager to distance themselves from it.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

Technology & Marketing Law Blog

AUGUST 16, 2024

The case raised some important discussion topics, but the holding itself was partially limited by the litigation posture. But half of the cases come from the 2002-2011 era, though that percentage is shrinking. Copyright Copyright Basics (Copyright Office Circular 1) Note About Fair Use Cartoon Network v.

Editing 116

Editing Law Social Media Contracts 116

Technology & Marketing Law Blog

OCTOBER 13, 2024

This is another lawsuit against an Internet access provider (IAP) for user-committed copyright infringement via P2P file sharing. Previously, a jury held the IAP, Grande, liable for willful contributory copyright infringement and awarded damages of $47M. As usual, a key non-litigant is Rightscorp, which sent 1.3M

Copyright 98

Copyright Copyright Infringement Social Media Law 98

SpicyIP

APRIL 6, 2025

Unravelling Indias Opacity over its COVID Vaccines In Part II, Prashant recounts his struggle with the government, including his eventual litigation to access essential public documents related to government funding of COVID-19 vaccines. [Part II] Public Money, Private Patents? Part I] Fair Dealing or Foul Play?

Trademark 93

Trademark Copyright Infringement Registering Trademarks Copyright 93

Technology & Marketing Law Blog

FEBRUARY 13, 2023

If not, the court may have to address several other interesting, rarely-litigated issues concerning the proper scope of copyright in recorded interviews. 412 ] (Trump’s lawsuit also claims punitive damages, but both the Copyright Act and case law are clear that punitive damages are not available in copyright litigation.)

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Copyright Blogging Publishing Fair Use 131

Technology & Marketing Law Blog

JANUARY 9, 2025

IAPs and Copyright Infringement. If you haven’t been watching the litigation tsunami over Meta Pixels, it’s been a sight to behold. It’s been nice to see some judges finally pushing back on the scheme. Pixel Cases. Last time I checked, I think there were 150 pixel rulings in Westlaw.

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Social Media Law Government Privacy 102