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 138

Fair Use Copyright Moral Rights Copyright Law 138

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 139

Advertising Advertising Copying Copyright Infringement 139

IP and Legal Filings

FEBRUARY 9, 2023

Marrakesh Treaty Marrakesh Treaty was adopted on June 27, 2013, to facilitate access to published works for people who are Blind Persons, Visually Impaired Persons, or Print Disabled (hereinafter beneficiary) who refrains from indulging in any printed form of copyrighted work. [iii]

Copyright 98

Copyright Contracts Copying Licensing 98

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 109

Designs Design Marketing Marketing 109

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.

Copyright 81

Copyright Copying Publishing Cinema 81

Velocity of Content

DECEMBER 4, 2024

Professor Paul Goldstein, for example, has argued that, in light of the enumeration, the statutory text is intended primarily to protect certain licensing markets. 785, 851 (2013) (“By copying a master’s work, the ‘pupil’ might at least get a glimpse of the great author’s mind, which would seem like a normatively desirable process.

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

43(B)log

FEBRUARY 21, 2024

He posted about the app on social media but didn’t encourage others to do so; he didn’t have a written business or marketing plan before launch, and he did not create investor presentations, solicit investors, or raise capital. All of Peloton’s marketing materials that mention the term ‘Bike+’ are also branded with the [Peloton] mark.”

Marketing 59

Marketing Marketing Trademark Registration 59

IPilogue

AUGUST 3, 2021

Though mass-marketed in a $2 million promotional campaign , Earthbound failed replicate its Japanese success in North America. Copies of the game along with a gamer’s guide packaged in special extra-large cardboard boxes sat unsold on shelves for months. History of Earthbound.

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Copyright Music Licensing Copying 111

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 105

Fair Use Licensing Copyright Marketing 105

LexBlog IP

FEBRUARY 28, 2022

9] In reaching that determination, the court relied chiefly on the Second Circuit’s 2013 decision in Cariou v. That factor asks “whether, if the challenged use becomes widespread, it will adversely affect the potential market for the copyrighted work.” [20] 1] Andy Warhol Foundation for the Visual Arts v. 3d 312, 316 (S.D.N.Y.

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Fair Use Derivative Work Art Licensing 97

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. 29, 2013), [link]. [ii]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

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. Work #6: posted to Facebook in 2013 and got 23 likes and 3 comments. appeared first on Technology & Marketing Law Blog. Work #4: posted in 2012 to Instagram and got 92 likes and 11 comments.

Copyright 105

Copyright Artwork Designs Design 105

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 103

Copyright Copying Copyright Infringement Licensing 103

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.

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Fair Use Licensing Copying Artwork 96

SpicyIP

OCTOBER 9, 2024

This system recognises that innovation often builds upon previous work, which can arise from natural advancements or market feedback. This approach was influenced by the outcomes of two case laws: Georgia Kaolin and Welwyn Electrical Laboratories Ltd [If any reader has copies of the actual text of these judgements, please feel free to share.]

Patent 104

Patent Invention Reporting Inventor 104

IP and Legal Filings

SEPTEMBER 12, 2024

Apple had accused Samsung of copying the features of the iPhone, like the rounded-rectangle shape, home button, and the grid icon layout. The judgment made budget retailers realize the price they must pay for imitating established brands and stressed the virtue of originality in design, even within the lower end of the market. [3]

Branding 98

Branding Branding Brands Trademark 98

Technology & Marketing Law Blog

DECEMBER 13, 2023

Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. Copyright law forbids duplication, public performance, and so on, unless the person wishing to copy or perform the work gets permission; silence means a ban on copying. A copyright is a right against the world.

Blogging 98

Blogging Copyright Contracts Cease and Desist 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 69

Copyright Infringement Copyright Confidentiality Copying 69

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. United States Patent Nos. 10,898,574, 10,702,600, and 10,933,127.

Patent 97

Patent Patent Infringement Copying Technology 97

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

Technology & Marketing Law Blog

AUGUST 30, 2021

This litigation was a residual action (commenced in 2013) that concerned public performances that occurred before the Classics Protection and Access Act was enacted. 1, 2013, they filed a class-action lawsuit in Los Angeles Superior Court under California Civil Code section 980(a)(2). One year later, on Sept.

Blogging 98

Blogging Copyright Settlement Ownership 98

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Industria became aware of Latinfood’s Zenú and Ranchera products sometime between October 2013 and September 2014. Prior import plans in 2010-11 were paused.

False Advertising 59

False Advertising Advertising Advertising Registration 59

The TTABlog

MAY 16, 2023

Comptime claimed substantially exclusive use since 2013, but in light of the highly descriptive nature of the mark, the Board exercised its discretion to deem that evidence insufficient. There was no evidence of intentional copying or of unsolicited media coverage.

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Registration Advertising Advertising Copying 52

Technology & Marketing Law Blog

JUNE 29, 2022

Warby Parker appeared first on Technology & Marketing Law Blog. Some “highlights” of 1-800 Contacts’ trademark jurisprudence over the years: 1-800 Contacts v. WhenU (2d Cir. A major plaintiff loss against an adware vendor, and who likes adware??? 1-800 Contacts v. Lens.com (10th Cir. 1-800 Contacts (FTC 2018).

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Trademark Advertising Advertising Blogging 111

The TTABlog

JANUARY 24, 2022

Applicant has sold its "Ark" bag since January 2013, with sales increasing sharply in 2017. Its sales figures lacked information regarding market share. The issue, then, was the primary significance of the proposed mark. The Board applied the Converse factors to make it determination.

Designs 52

Designs Design Registration Music 52

43(B)log

DECEMBER 26, 2022

for unlawfully manufacturing, importing, advertising, marketing, selling, and distributing unauthorized, counterfeit versions of its popular CAKE brand of hemp-derived Delta-8 products. Here, however, AKF didn’t allege that Mothership ever marketed, sold, or advertised the “Cake” mark. AKF sued LCF etc. AT&T Mobility, LLC, 710 F.3d

Copyright Infringement 59

Copyright Infringement Brands Branding Branding 59

IIPRD

JUNE 29, 2022

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. Sword strategy: The brand uses its intellectual properties as “weapons,” attacking anyone who tries to copy or infringe on their protected assets in any way.

Intellectual Property 98

Intellectual Property Brands Branding Branding 98

Garrigues Blog

JULY 27, 2021

Together with that of 2013, this growth rate is the lowest yearly increase in filings since 2005. Copies sold : The US heads the ranking, reporting the largest number of copies sold, amounting to 2,629.6 million copies, followed by Japan (677.7 The trade sector accounted for more than 80% of total copies sold in the U.S.

Intellectual Property 52

Intellectual Property Designs Design Trademark 52

43(B)log

DECEMBER 18, 2023

Simpson’s structural connectors are specified on most construction drawings in the US; its market share is over 75%. All Simpson’s connectors, catalogs, marketing literature, and retail display materials, are clearly labeled with the “Simpson Strong-Tie” name. California UCL: same. But it doesn’t matter.

False Advertising 64

False Advertising Advertising Advertising Copyright 64

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 74

Trademark IP Registering Trademarks Brands 74

Patently-O

SEPTEMBER 17, 2023

The touchstone is whether ordinary consumers in the relevant market are likely to be confused about the source of the goods. 2013) (“[The accused infringer] has in fact scrupulously avoided such confusion by choosing a starkly different logo that it prominently displays on its [products] and on all its sales and marketing literature.”).

Design Patent 72

Design Patent Patent Infringement Design Designs 72

LexBlog IP

OCTOBER 26, 2021

And now for round three, the FTC has focused on moneymaking opportunities and earnings claims , with 1,100 recipients receiving letters, including companies involved in multilevel marketing and coaching services, franchises, and large and small gig-app companies. Let’s talk a little bit about what is in the latest round of Notices.

Litigation 52

Litigation Marketing Marketing Copying 52

The IPKat

NOVEMBER 20, 2023

The BoA discussed the items of evidence filed by 44IP: Statistical data of people watching Formula 1 in 2013 did not include data from Bulgaria, Croatia, Estonia, Latvia and Lithuania. They also lacked information on the number of copies sold and their distribution among the general public or the number of online views.

Art 107

Art Branding Brands Branding 107

Kluwer Copyright Blog

MARCH 13, 2024

The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to science and culture ( Geiger, 2013 ), lies in the approximation of the interests of rightholders and users. If such an obligation were not to exist, rightholders could render user’s rights absolutely ineffective.

Copyright 126

Copyright Art Licensing Contracts 126

43(B)log

APRIL 18, 2023

VPX argued that Monster didn’t show irreparable harm because: (1) the harms are purely economic; (2) VPX “abandoned any marketing focus on Super Creatine or creatine” before the jury rendered its verdict; and (3) VPX’s remediation obviates the need for an injunction. Are lost prospective customers and market share purely economic harms?

False Advertising 56

False Advertising Advertising Advertising Social Media 56

Kluwer Copyright Blog

MAY 30, 2022

Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). Image via needpix. Within 60 days from the entry into force of Article 43bis l.aut., To date, the decree has yet to be drafted. The most dangerous aspect, however, is the negotiation scheme.

Publishing 59

Publishing Law Contracts Licensing 59

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].

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Registration Copying Designs Design 40