Remove 2011 Remove Licensing Remove Public Domain
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Swiss Supreme Court invalidates the Nespresso Capsule 3D Mark

The IPKat

In 2011, Nestlé secured a preliminary injunction in Switzerland, based on its registered 3D mark, against Ethical Coffee Company's capsules. Picture on top right is by Joe Shlabotnik and is licensed under the Creative Commons Attribution 2.0 Generic license. Picture on bottom left is in the public domain.

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Is "The Naked Kiss" Missing Copyright Notice?

Dear Rich IP Blog

Does the absence of the insignia mean that the film is public domain? Nowadays, the publication of a film without copyright notice won't effect ownership, but in 1964, the penalty was draconian. If the copyright owner failed to include a copyright notice on "The Naked Kiss," then it would likely be in the public domain.

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DHC and 3(k): This time using the ‘Technical effect’ Test

SpicyIP

Lastly, I contrast the outcome of the judgement with MHC’s decision in Microsoft Technology Licensing, LLC , wherein the Court had granted the patent without looking into the question of enablement, independent of the 3(k) inquiry. On the other, it is argued that allowing software-based inventions to be patentable dilutes 3(k).

Invention 110
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Ugg! Generic or Not?

Greenspoon Marder LLP

Certain marks may once have been legally protected trademarks that subsequently lost their protection as trademarks because the marks entered the public domain by becoming generic terms through public usage. and Plant (for the sale of plants). The post Ugg! Generic or Not? appeared first on Greenspoon Marder LLP.

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Who Owns the Copyright in AI-Generated Art?

Intepat

In 2011, wildlife photographer David Slater captured a monkey selfie, which gained widespread attention online. Potential solutions range from creating new categories of copyright to developing specialized licensing models for AI-generated content. Slater, 16-15469, popularly known as the Monkey selfie case.

Art 105
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Fair Use for Documentaries in US Copyright Law: Brown v Netflix

Kluwer Copyright Blog

The song “Fish Sticks n’ Tater Tots” was composed by the plaintiffs in 2011. Take as an example the documentary makers who have tried to use the iconic “I have a dream” speech by Martin Luther King and have been prevented from doing so because of his Estate’s aggressive licensing and enforcement strategy. Background.

Fair Use 105
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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

In that case, Judge Easterbrook wrote, in finding that a “shrinkwrap” license was enforceable against the defendant: But are rights created by contract “equivalent to any of the exclusive rights within the general scope of copyright”? 2011) (citing to ProCD in rejecting preemption in the context of a Desny claim).