Technology & Marketing Law Blog

FEBRUARY 12, 2024

In 2013, Philpot uploaded the photo to Wikimedia Commons, which is governed by the standard Creative Commons license requiring attribution. “IJR copied a significant percentage of the Photo in its article, and it only cropped out the negative space while keeping the Photo’s expressive features, or the ‘heart’ of the work.”

Fair Use 91

Fair Use Licensing Copyright Marketing 91

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. However, Target’s allegedly infringing works apparently were designed no later than December 2017. Work #6: posted to Facebook in 2013 and got 23 likes and 3 comments. Target Corp.

Copyright 99

Copyright Artwork Designs Design 99

IIPRD

JUNE 29, 2022

The monogram was designed to help them brand their firm and prevent copycats from trespassing on their turf. Fashion and luxury goods manufacturing requires a great deal of imagination, from the designs of the garments to the patterns, shapes, logos, symbols, and names associated with them. IP PROTECTION LOUI VUITTON PRODUCTS HAVE.

Intellectual Property 98

Intellectual Property Branding Brands Branding 98

The IPKat

MAY 12, 2023

They develop, market and sell statistical process control (SPC) software and gauge management software. The defendant - Mr Aughton - had been developing software for over 50 years and was employed by PQ from 1989 as a software developer and was appointed a director in 2013. Background The claimants - PQ for short - are based in the US.

Copyright Infringement 65

Copyright Infringement Copyright Confidentiality Copying 65

Patently-O

AUGUST 3, 2023

The lawsuit centers around two key components of Moderna’s mRNA platform that it claims Pfizer copied – the use of modified nucleosides like 1-methylpseudouridine and the encoding of a full-length coronavirus spike protein. We might see a different strategy if a non-profit or consumer-focused group had filed.

Patent 97

Patent Patent Infringement Copying Technology 97

43(B)log

DECEMBER 18, 2023

The engineer of record must indicate on construction drawings the specific structural connectors that will be used on a given project, whether a custom connector designed by the engineer to join and transfer the load between members or a pre-engineered connector.

False Advertising 64

False Advertising Advertising Advertising Copyright 64

Copyright Lately

MAY 22, 2023

Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. More typically, two works aren’t market substitutes, which means that determining whether a secondary use is justified is more difficult.

Fair Use 92

Fair Use Licensing Copying Artwork 92

The TTABlog

APRIL 5, 2022

Turning to the 10th DuPont factor, which concerns the market imterface between applicant and registrant, the Board reviewed a 2013 agreement between the parties' predecessors [a copy of which is appended to the opinion]. The details are what "lend substance and probative value to a consent agreement."

Registration 40

Registration Copying Designs Design 40

The IPKat

DECEMBER 17, 2021

It had to be decided how the marks would be perceived by the average consumer, in the relevant market, who is reasonably well-informed and observant, taking account of the type of goods and how they are marketed. On this basis, the Court held that the defendant’s goods in (Kenyan) market would likely diminish the plaintiff’s goodwill.

Trademark 96

Trademark IP Registering Trademarks Branding 96

SpicyIP

FEBRUARY 13, 2023

Regardless, it sent a cease and desist to the defendants in 2022 who have a shop in Jaipur with a similar name and have registered the word mark in 2013. The Defendant on the other hand relied on the exception of the lack of novelty of the Plaintiff’s design and argued that there are many designs similar to the Plaintiff’s design.

Designs 52

Designs Design Trademark Cease and Desist 52

Kluwer Copyright Blog

MAY 11, 2023

The most modern instalment of this long history comes in the form of another kind ‘copy’, less richly decorated, yet more relevant and politically sensitive for a country that has established a long-term foreign investment “partnership” with the tech and communication industry: the transposition of Directive 2019/790 into Irish law.

Copying 101

Copying Copyright Law Copyright Social Media 101

43(B)log

AUGUST 5, 2021

Standard debate assumes semi omniscience of designer neutrally concerned with social welfare. Bespoke systems are often underutilized by their own designers and outmoded. Examples: Vessel Hull Design Protection Act. What if rules are largely written by the regulated parties? Was more heavily used 1999-2003.

IP 45

IP Invention Designs Design 45

Selvam & Selvam Blog

APRIL 1, 2022

The mark “Respule” owned by Cipla Ltd has been in use since 2013 and Cipla had been selling medicines that treat respiratory ailments under the names Budecort Respules and Duolin Respules. Attempted to imitate the trade dress thereby causing confusion in the market and resulting in an act of passing off. Observations of the Court.

Intellectual Property 40

Intellectual Property IP Copyright Infringement Artistic Work 40

43(B)log

FEBRUARY 21, 2024

WCT’s app was first released in 2014 for the iPhone and Pebble watch as a metric-tracking cycling app that was designed to “track speed, distance, altitude, and grade.” WCT’s Bike+ mark started as an ITU application on November 23, 2013 for “Downloadable mobile applications for recording and managing cycling activities.”

Marketing 59

Marketing Marketing Trademark Branding 59

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

The authors also look to lawmakers at the federal and state levels, who considered a variety of legislative proposals relating to biologics and biosimilars designed to improve patient access, encourage commercialization, and reduce costs. Companies are already taking advantage of these new designations. Biosimilar Regulatory Updates.

Settlement 40

Settlement Licensing Designs Design 40

The IPKat

FEBRUARY 23, 2023

Ltd [2022] EWHC 1895 (Ch) (July 2022) In our last volume , we reported on Samsung being held directly liable as a platform for copied watch faces for Samsung smartwatches. In 2013, Cadbury’s registration for Pantone 2685C was held invalid because its description rendered it void for lack of certainty. It was ambiguous.

Registration 74

Registration Advertising Advertising Law 74

The IPKat

OCTOBER 7, 2021

Indeed, Motorola did not even have access to the infringing source code contained on the Qualcomm chips, which militates against a finding that Motorola deliberately copied SLC’s technology.” They would bring the same unique insights to SEP negotiations as the parties that designed the components that provide standardized functionality.

Licensing 57

Licensing Litigation Technology Patent 57

The IPKat

MARCH 17, 2024

Importantly for this case, VCC produces two types of expensive French red wine involving various up-market grape types. Kreglinger's first vintage of the wine promoted and sold as "New Certan" was the 2011 vintage, released in 2013. For the earliest vintages, the label depicted the de Moor family home on their vineyard in Tasmania.

Designs 106

Designs Design Marketing Marketing 106

Kluwer Copyright Blog

FEBRUARY 28, 2024

Over the course of a decade, Google copied large volumes of books and made them available online, both through excerpts, known as “snippets”, and as entire publications. Instead, Google Books was found to support the marketing of books by giving them increased public exposure. But he eventually reversed his own position.

Fair Use 133

Fair Use Copyright Moral Rights Copyright Law 133

43(B)log

DECEMBER 20, 2022

The 2001 Documentary “sold 50,000 copies in two weeks and revolutionized the Baltimore dirt-bike culture,” inspiring a sequel and plans to make a third film. Defendants' 2013 documentary Both parties’ works are “docu-fiction” set in Baltimore. Nathan, F.Supp.3d 3d -, 2022 WL 4591905, No. 18-CV-5930 (MKB) (E.D.N.Y.

Fair Use 52

Fair Use Trademark Copyright Editing 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. At the same time, market uptake of biosimilars in the United States continued to increase, suggesting that there is room for expansion of biosimilars in the U.S. Market uptake of biosimilars has generally trended upwards in 2020.

Litigation 52

Litigation Settlement Marketing Marketing 52

Trading Secrets

DECEMBER 21, 2021

Academic panels evaluated the effects of non-compete clauses on labor market participants and their efficiency rationales. Most often, restrictive covenants are designed to prevent a departing employee from competing with his/her former employer for clients or business.

Confidentiality 69

Confidentiality Law Contracts Business 69

LexBlog IP

DECEMBER 21, 2021

Academic panels evaluated the effects of non-compete clauses on labor market participants and their efficiency rationales. Most often, restrictive covenants are designed to prevent a departing employee from competing with his/her former employer for clients or business.

Confidentiality 52

Confidentiality Law Contracts Business 52

TorrentFreak

DECEMBER 2, 2021

In pirate streaming, in part due to the way sites tend to copy each other’s branding, obvious long-standing players are less easy to identify. Back in 2013 we published an interview with a person who at the time supplied movie and TV shows to sites including PrimeWire. is taken into account.

Advertising 120

Advertising Advertising Copying Copyright Infringement 120

LexBlog IP

OCTOBER 25, 2023

That is the difference between the court of public opinion in one’s industry and a court of law in a governmental building—”In writing, plagiarismis a straight-up cardinal sin: If you copy, you’re wrong. But in the courts, copyright infringement is an evolving legal concept.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

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.

Copyright 99

Copyright Copying Copyright Infringement Licensing 99

43(B)log

JUNE 24, 2022

RT: I would say lots of courts in © also try to reduce merger to meaning that you can do anything but copy verbatim, which is a narrowing that many courts in TM don’t bother with, though some variants of Rogers v. Every figurative TM will be protected by ©/design, built into the system. Why not have it across all consumer markets?

Trademark Law 75

Trademark Law Law Trademark Registration 75

LexBlog IP

JULY 21, 2021

provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. market for religious publishing and products at $6.8 Yet just like the recipe, the Sequence remains unprotectable as a process the design of which primarily reflects function, not expression. copyright law. ” Id.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Trading Secrets

DECEMBER 29, 2022

Additionally, a recent Third Circuit decision held that copying is not the only method that trade secret plaintiffs can demonstrate actionable “use” under the Defend Trade Secrets Act. Most often, restrictive covenants are designed to prevent a departing employee from competing with his/her former employer for clients or business.

Confidentiality 59

Confidentiality Business Law Contracts 59

LexBlog IP

DECEMBER 29, 2022

Additionally, a recent Third Circuit decision held that copying is not the only method that trade secret plaintiffs can demonstrate actionable “use” under the Defend Trade Secrets Act. Most often, restrictive covenants are designed to prevent a departing employee from competing with his/her former employer for clients or business.

Confidentiality 40

Confidentiality Business Law Contracts 40