Technology & Marketing Law Blog

OCTOBER 2, 2022

The plaintiff, NOC, is a teenager who has copyrighted designs in hand-drawn dots that Target allegedly copied in the clothing line. None of the following works supported the access inference: Work #3: posted in 2012 to Facebook and got 10 likes, 2 comments, and 2 shares. appeared first on Technology & Marketing Law Blog.

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Kluwer Copyright Blog

JULY 27, 2022

Almost 3 years after the adoption of the Digital Single Market ( Directive (EU) 2019/790 ) (CDSM Directive), its transposition by the Member States (MS) has proved to be a significant challenge. Source: European Copyright Society. MS should be vigilant that the public interest and the harmonizing goal sought by Article 5 is duly satisfied.

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Copyright Marketing Marketing Copyright Law 98

Michael Geist

AUGUST 3, 2021

Access Copyright launched the lawsuit against York over copying it said took place from 2011 to 2013, seeking to enforce a Copyright Board approved tariff. York argued that it was not bound by the tariff because it had not agreed to its terms and counter-claimed that any copying at issue was in any event covered by fair dealing.

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Copyright Copying Copyright Infringement Licensing 103

Kluwer Copyright Blog

JUNE 20, 2023

This doctrine has a significant effect on the economic vitality of the NFT industry, especially when it comes to ‘online exhaustion’ and the prospect of a secondary market in digital content. Firstly, in conformity with the CJEU’s 2012 UsedSoft case, the exhaustion doctrine applies to first sales of computer software copies.

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Artwork Contracts Ownership IP 98

TorrentFreak

OCTOBER 12, 2021

As far back as 2012, Adobe was planning for the eventual demise of its iconic Flash Player. The problem, however, is obtaining a working copy of Flash outside China that is also secured by frequent updates and isn’t a risk to users’ machines. Well, sort of. Clean Flash Installer.

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Copyright Copyright Infringement Technology Copyright Law 145

SpicyIP

JUNE 26, 2024

On a broad reading, there seems to be an obvious conflict of two areas of law, where the RPwD Act mandates fundamental access to all content but the Copyright Act grants the author the right to control how their works are copied. It is necessary to note that the original work that is converted into an accessible copy must be acquired legally.

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Copyright Copying Publishing Cinema 81

SpicyIP

SEPTEMBER 18, 2023

Hons) LLB from NALSAR, Hyderabad in 2011 and MSc from Oxford, UK in 2012. Furthermore, the continuous sales done by the violating party flood the market with infringing products where they are sold at a fast pace on a regular basis. His predominant areas of practise are Arbitration, Commercial and Intellectual Property Laws.

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Cease and Desist Intellectual Property Law Settlement Copyright Infringement 115

IPilogue

OCTOBER 18, 2022

After a test copy of New Genesis was leaked online, WOTC took issue with development company TSR LLC’s use of their IP rights in the game. For its part, WOTC claims that it retains common law interest in these marks, on the basis that it has continued to use the marks since at least 2012.

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Trademark Trademark Law Intellectual Property Law Publishing 101

Kluwer Copyright Blog

APRIL 22, 2024

Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. That is, in an NFT there can be an underlying copy of a work of art –typically an image, photograph, piece of music, video or certain audiovisual content– that may be subject to copyright. And why is that?

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Copyright Artwork Moral Rights Non-Fungible Tokens 125

IP and Legal Filings

JULY 21, 2022

Among the other solutions, the most easy and feasible way to come out of the problem of unavailability and unaffordability was to start copying the books, study materials, and video lectures with the help of different mechanisms. Lack of good libraries even within an institution is the most common problem seen across our country.

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Copyright Licensing Higher Education Copying 98

IP and Legal Filings

SEPTEMBER 8, 2021

According to a report by Markets and Markets, the cryptocurrency market is expected to grow from USD 1.6 In a broad sense, blockchain technology can be defined as an open ledger of information that is used to keep a digital record of the transactions that occur in the crypto market. billion in 2021 to USD 2.2

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Intellectual Property Non-Fungible Tokens Copyfraud Contracts 94

Patently-O

AUGUST 23, 2021

Copying of the design by a third party. On appeal, the Federal Circuit rejected these considerations — finding a lack of nexus between the scope of the claims and the commercial success, praise, and copying. However, nexus can be presumed when the patent is commensurate in scope with the product being sold/praised/copied.

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Design Patent Design Designs Patent 90

IIPRD

OCTOBER 7, 2024

Introduction In the quickly developing scenery of the recent business the startups stand as the indications of modernization which brings the new concepts and fresh products or the amenities to the market. Moreover, the IPR eases the market development and establishes a solid brand identity. Copyright and Trademarks, Copyright, I.

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Intellectual Property Government Invention Branding 98

TorrentFreak

FEBRUARY 15, 2024

Given the ongoing shift in the TV market away from terrestrial and satellite delivery in favor of IP-based services, cloud recording services are no longer the big deal they once were. TVkaista said that since its service was similar to a VCR or a DVR, that would be legal under Finnish law since private copying is permitted for personal use.

Copyright Infringement 120

Copyright Infringement Copyright Fair Use Licensing 120

Velocity of Content

OCTOBER 4, 2022

Unfortunately, much of what has been written about OA from the funder perspective looks at the journal market as comprised exclusively of two binary revenue inputs: APCs and institutional (academic) subscriptions. That some open licensing will be required can be inferred by the requirement to deposit a machine-readable copy.

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Journalism Publishing Licensing Copying 98

IP and Legal Filings

JANUARY 22, 2023

Sen-Raleigh Cycle Factory, Asansol (West Bengal), first produced bicycle products in Siliguri, India, in the late 1920s and early 1930s, and they were marketed under the name “SEN-RALEIGH.” The plaint includes information on the registrations for the aforementioned mark, which are also registered trademarks in India.

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Trademark Registering Trademarks Social Media Business 98

IP and Legal Filings

JANUARY 23, 2023

In today’s digital world, a lot of data and information have been shared online and are susceptible to corruption and copying. Following the 2012 revision to the copyrights Act, it was made clear that Internet activities were also covered by the copyright law.

Non-Fungible Tokens 98

Non-Fungible Tokens Copyright Intellectual Property Ownership 98

TorrentFreak

FEBRUARY 15, 2022

When sales are replaced by pirated copies, authors earn a lot less. With around 90% of the search market, Google is regularly criticized by rightsholders for allowing infringing content to appear in its search results. “Book authors earn their incomes from legitimate sales of their books, as a percentage of each sale.

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Social Media Publishing Copyright Law Copyright 107

The IPKat

FEBRUARY 20, 2024

The Court referred to a 2012 decision of the Spanish Supreme Court in the Google case ( Sentencia no. The Court referred to a 2012 decision of the Spanish Supreme Court in the Google case ( Sentencia no.

Moral Rights 78

Moral Rights Artwork Fair Use Copyright 78

IPilogue

MAY 3, 2022

In 1395804 Ontario Limited (Blacklock’s Reporter) v Canadian Vintners Association (CVA) , a small claims court in Ontario was tasked with deciding whether forwarding an email and receiving a forwarded email, including copy and pasted material constitutes Copyright infringement. Technological Protection Measures and the Copyright Act.

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Government Copyright Copyright Infringement Intellectual Property 96

Patently-O

DECEMBER 11, 2023

In our view, the FTC plays a vital role in keeping markets open and honest, and we have long been admirers of the intelligence and energy that the agency brings to that task. so-called “non-expressive” use in which copying is undertaken not to distribute the copied material directly or indirectly but rather for some other purpose.

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Copyright Fair Use Copyright Law Copyright Infringement 96

The TTABlog

JULY 6, 2021

The beverages are imported and sold in the United States, and Coca-Cola plans to market THUMS UP and LIMCA beverages more widely in this country. Moreover Meenaxi adopted the same tagline, "Taste the Thunder," that Coca-Cola used in India to market the THUMS UP beverage. Marcon , 102 USPQ2d 1434, 1442 (TTAB 2012).

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Registration Marketing Marketing Branding 98

JIPL Online

APRIL 9, 2021

x] In fact, on the contrary, memes can operate as a source of marketing and a way to garner interest in creative works in a funny, generationally relevant way. xi] There are countless articles and marketing studies directing corporations on how to market via memes to reach the maximum level of engagement. 511, 523 (2012).

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

SpicyIP

MARCH 9, 2025

Case Summaries Abbott Healthcare Private Limited vs Vinsac Pharma on 17 February, 2025 (Delhi High Court) Abbott Healthcare sued two defendants for trademark and copyright infringement, claiming they deceptively copied its well-known LIMCEE Vitamin C tablets by selling LIMEECEE with similar packaging. Karan Johar v. India Pride Advisory Pvt.

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Trademark Patent Copyright Patent Application 59

JIPL Online

APRIL 22, 2021

This Blog aims to examine the Hatch-Waxman Act and one of the most significant incentives behind it, a three-year market exclusivity period for the “new clinical investigations.” iv] If deemed insignificant, the new drug is blocked from entering the market by the existing drug’s three-year market exclusivity. [v] Introduction.

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Intellectual Property Law Intellectual Property Litigation Law 98

Kluwer Copyright Blog

MARCH 21, 2023

‘Laziness by Ramón Casas, provided by the Museu Nacional d’Art de Catalunya, available here’ In August 2020, a review of the Orphan Works Directive (2012/28/EU), or OWD, was initiated by the European Commission. The digitisingmorgan.org project is a great example of this.

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Copyright Marketing Marketing Licensing 105

SpicyIP

MAY 23, 2024

This landmark decision recognizes the rights of the authors, which were long overdue and often neglected, despite being enshrined under the Copyright Act via the 2012 amendment. Cut to almost 4 decades later, in 2012, the copyright laws in India were amended.

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Music Licensing Copyright Moral Rights 59

LexBlog IP

JUNE 28, 2023

Accordingly, the Court held that the holder of the IP right to a computer program cannot object to the resale of a copy thereof where such a copy is accompanied by a licence for unlimited use, whether material or immaterial. The Court made specific reference to certain European Court of Justice decisions in this respect. (3)

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Copying Copyright Law Copyright Editing 52

SpicyIP

MARCH 2, 2025

The Court found that Levi’s owned valid trademark registrations, thus Kumar and Rams manufactured counterfeits that used identical replicas of Levi’s marks without authorization, and copied the entire design elements of Levi’s products. The respondents did not file its reply in the case.

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Trademark Branding Brands Branding 59

Kashishipr

JUNE 9, 2021

Under the Draft Copyright (Amendment) Rules 2019, all methods of broadcasting are intended to be covered under the garb of statutory licenses, including internet and Over-the-Top (OTT) media services such as Netflix, Hotstar, Amazon Prime, Gaana, Saavn, and the newest entrant in the Indian market, Spotify. Conclusion.

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Music Licensing Television Copyright Infringement 98

IP and Legal Filings

JUNE 29, 2024

Certain sections like 2(qq) and 38, define a “performer” and specify whether a person’s personality falls under the definition of a performer, under which a performer’s right may be asserted, hence prohibiting the unapproved marketing of a performer’s work. Ramkumar Jewellers, 2012 (50) PTC 486 (Del). [9] Rajagopal v.

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Personality Rights Fair Use Privacy Intellectual Property Law 98

IIPRD

JUNE 29, 2022

It was awarded the world’s most valuable luxury brand for six consecutive years (2006-2012), topping even Chanel, Gucci, and Dior. Design Rights: By registering their product designs, they can prevent third parties from copying the original and new, aesthetic, or ornamental components of their creations.

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Intellectual Property Brands Branding Branding 98

Patently-O

JULY 17, 2022

Hypo : Copycat would like to copy Competitor’s product. Once a brand drug is no longer patented, the fact that some of the drug’s uses remain patented “will not foreclose marketing a generic drug for other unpatented [uses].” Caraco (2012). So Teva carved out that use and came to market with its “skinny” label.

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43(B)log

NOVEMBER 28, 2022

They weren’t directly asked about the phrase “Super Creatine,” whether participants had prior experiences with or opinions of Bang, or whether they had seen Vital’s advertising in the market. Dr. Chiagouris also opined on two Monster-commissioned surveys conducted by InfoScout, a market research firm.

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Technology & Marketing Law Blog

AUGUST 11, 2023

The next paragraph “encourage[d]” Mr. Sadlock to “review the updated Subscriber Agreement in full and save a copy for your files. ”” In 2012, PayPal added a mandatory arbitration clause that users could opt-out-of. Once effective, it will govern your use and enjoyment of your Disney+ or ESPN+ subscription.” Facebook, Inc.,

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Contracts Law Reporting Blogging 98

43(B)log

AUGUST 4, 2023

The problem is that this system fell apart around 2008-2012 when smartphones came out. At the same time, the risk of copying essentially went away. At the same time, the risk of copying essentially went away. Access to market is now about having enough computers to run the software for all your users.

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IP Copying Due Diligence Registration 40

Technology & Marketing Law Blog

MAY 15, 2024

He served one prison term from 1989 to 2008, and another from 2012 to 2015. One Music Specialist work (“Jam the Box”) was interpolated into Flo Rida’s hit song “In the Ayer,” which sold millions of copies and reached No. Nealy (Guest Blog Post) appeared first on Technology & Marketing Law Blog. 9 on the Billboard chart.

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Music Blogging Copyright Ownership 105