Patently-O

JANUARY 4, 2024

Additionally, the court determined that this usage did not economically substitute the original use of the briefs in providing legal advice, nor did it impair any potential market for licensing these briefs, thereby reaffirming the defendants’ motion for summary judgment and dismissing the complaint with prejudice.

Plagiarism 124

Plagiarism Fair Use Copying Copyright Infringement 124

IP and Legal Filings

JULY 15, 2024

According to a UN Report, most drugs currently in the market in Europe, North America, and Japan, have been made in public funded research institutions, which further licence these drugs to the industries for its commercial exploitation. Basic research that led to major drug discoveries for diseases like tuberculosis.

Patent 97

Patent Invention Licensing Journalism 97

TorrentFreak

AUGUST 31, 2023

IIPA aims to improve copyright protection and enforcement in overseas markets with high levels of piracy. The IIPA’s submission begins by painting a picture of creativity and productivity in the United States versus an “entrenchment of infringing services” in foreign markets.

Marketing 120

Marketing Marketing Government Registration 120

TorrentFreak

DECEMBER 12, 2022

Due to Hollywood legal action, PrimeWire was among the first 30 sites to be blocked in the UK back in 2013 , but that was just the beginning. When the MPAA reported the site to the USTR in 2013 , it was hoped PrimeWire would fold but, despite additional reports over subsequent years, it carried on regardless.

Reporting 139

Reporting Copyright Intellectual Property Advertising 139

LexBlog IP

FEBRUARY 28, 2022

A few years later, in 1984, Goldsmith’s agency, which had retained the rights to those images, licensed one of them to Vanity Fair for use in an article called “Purple Fame.” 9] In reaching that determination, the court relied chiefly on the Second Circuit’s 2013 decision in Cariou v. He did just that.

Fair Use 97

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.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

LexBlog IP

APRIL 15, 2022

When Christie’s Auction House first entered the secondary art market of mainland China in 2005, it licensed its brand to a local auction house and received a total of RMB 97,000,000 (roughly $12,100,000) for its inaugural sale. [1] A relaxed regulatory environment helps explain the enormous growth of the Chinese art market.

Art 52

Art Marketing Marketing Artwork 52

SpicyIP

APRIL 15, 2022

I have also covered the litigative attempts of PPL to continue to issue licenses by getting rights assigned in its favour and cleverly using the first proviso to Section 33(1). It has continually been relying on suspect assignment agreements in its favour and using the proviso of Section 33(1) of the Act, to issue licenses.

Registration 105

Registration Licensing Copyright Litigation 105

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

SpicyIP

JUNE 10, 2022

Since 2013, he has been an honorary fellow of the Centre for Economy, Development, and Law. And any extra measure to mitigate the crisis is only through compulsory license that too with added administrative baggage (See para 3 & 5 of the text). The views expressed in the article are personal. Sreenath Namboodiri.

Licensing 133

Licensing Government Intellectual Property Law 133

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

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. licenses for specific uses). 7(1) and art. 17(7) CDSM Directive.

Copyright 126

Copyright Art Licensing Contracts 126

IPilogue

AUGUST 3, 2021

Though mass-marketed in a $2 million promotional campaign , Earthbound failed replicate its Japanese success in North America. Nintendo owns the game’s brand and composed its music, but licensed the first two Earthbound series soundtracks to Sony for album releases in Japan in 1989 and 1994. History of Earthbound.

Copyright 111

Copyright Music Licensing Copying 111

Technology & Marketing Law Blog

MARCH 28, 2023

But when the case returned to the district court after the initial ruling on the temporary restraining order, hiQ’s antitrust arguments were dismissed for failure to properly identify the relevant market in which LinkedIn has a monopoly. The court dismissed the market division argument on the grounds that it was time barred.

Blogging 126

Blogging Cease and Desist Contracts Marketing 126

TorrentFreak

DECEMBER 2, 2021

PrimeWire’s domains are blocked by court order in the United Kingdom , Ireland , Norway , Denmark and Portugal , and the site has been repeatedly branded a ‘notorious market’ by the MPA. Back in 2013 we published an interview with a person who at the time supplied movie and TV shows to sites including PrimeWire.

Advertising 139

Advertising Advertising Copying Copyright Infringement 139

Kluwer Copyright Blog

MAY 11, 2023

The relevant act, seeking to bring Ireland in line with the Directive, is the Statutory Instrument 567/2021 ‘European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021’ (hereinafter ‘ the Regulations’ ). The Irish legislative transposition finally became law on 19 November 2021.

Copying 105

Copying Copyright Law Copyright Social Media 105

Technology & Marketing Law Blog

JULY 25, 2022

In 2013 and 2015, it granted exclusive licenses to stream those works to Starz, a premium subscription channel. The time periods for each license were separate, and some licenses were renewed multiple times, resulting in more than 1,000 separate license periods. 204(a) ).

Blogging 98

Blogging Copyright Licensing Copyright Infringement 98

Copyright Lately

MAY 22, 2023

In a 7-2 decision , the Court ruled that the commercial licensing of Andy Warhol’s “Orange Prince” to Condé Nast to illustrate a story about the late musician shared “substantially the same purpose” as the original Lynn Goldsmith photo from which Warhol’s silkscreen was derived, and therefore weighed against fair use. Goldsmith.

Fair Use 96

Fair Use Licensing Copying Artwork 96

The IPKat

SEPTEMBER 12, 2022

These measures included export controls and compulsory licenses (e.g., many countries prepared their legislation for compulsory licenses). The study found that patenting was the most important for the mRNA platform, but most of the patents for the mRNA vaccines were filed a significant number of years before Covid in around 2013.

IP 91

IP Reporting Contracts Licensing 91

The IPKat

SEPTEMBER 26, 2022

trade marks since 2013. trade marks in its tea business since 2013 and has gained significant market recognition. The court ruled Guangzhou Luoqi’s lawsuit to be malicious as it knowingly franchised activities exploiting Hunan Chayue’s high market popularity. Image of Confucius: by the creative commons licenses.

IP 88

IP Marketing Marketing Business 88

LexBlog IP

APRIL 3, 2023

This is an important decision to review in understanding licensing and litigation of international SEP portfolios. This decision indicates that a FRAND commitment is not a one-way street, but imposes obligations on both the SEP owner and someone seeking to license the SEP. those who stall licensing negotiations).

Licensing 52

Licensing Technology Intellectual Property Patent 52

SpicyIP

JANUARY 2, 2022

This judgment concerned the classification of payments under end-user license agreements (EULA). In this judgment, the Delhi High Court delved into the interpretation of section 8 of the Arbitration and Conciliation Act, 1996 with respect to disputes involving trademark licensing agreements. CIT [Supreme Court].

IP 143

IP Intellectual Property Copyright Trademark 143

The IPKat

OCTOBER 7, 2021

Merpel wonders where we are headed on the FRAND licensing level debate, and who is in the driver's seat? SEP Litigation Demonstrates Licensing Component Suppliers Would Increase Efficiency Some SEP owners have argued against licensing component suppliers under the pretext that it is more efficient to license end users.

Licensing 59

Licensing Litigation Technology Patent 59

Technology & Marketing Law Blog

JUNE 10, 2024

The plaintiff, Good, registered an Uber account in 2013. Plus, a reminder Good created his Uber account in 2013, and I’m curious what he learned about the terms then or in his years of usage thereafter? * “It is not at all clear why the court considers a notice that has little or no effect on most users to be reasonable.”

Contracts 98

Contracts Marketing Marketing Blogging 98

The IPKat

DECEMBER 13, 2023

Recital 54 links the introduction of Article 15 to the need to facilitate press publishers when licensing the use of press publications to providers of ‘new online services’. In 2013, Germany introduced legislation (Sections 87f, 87g and 87h of the German Copyright Act) vesting press publishers with a waivable right over their news content.

Related Rights 81

Related Rights Publishing Licensing Contracts 81

Intepat

MAY 18, 2023

While one confers rights on inventors to encourage innovation, the other aims to eradicate monopolistic practices and encourages healthy competition in the market. Therefore, the need to obtain information as well as the license to use such technology is innately high, and this is where the concept of FRAND licensing comes in.

Patent 52

Patent Licensing Intellectual Property Technology 52

Kluwer Copyright Blog

FEBRUARY 8, 2024

As a general rule, the publishers of these journals require the author to relinquish their copyright over the work by granting them an assignment of rights or an exclusive license. It is thus very much in line with the spirit of Title IV, arts. of the Directive.

Publishing 132

Publishing Contracts Art Copyright 132

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). An important but relatively neglected flaw is its silence on the features of the licensing mechanism that Member States may and shall adopt for the management of the press publishers’ right.

Publishing 59

Publishing Law Contracts Licensing 59

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. Whiteman , 114 F.2d

Blogging 98

Blogging Copyright Settlement Ownership 98

Patently-O

FEBRUARY 22, 2023

For instance, the International Trade Commission already requires some disclosure of complainants that seek its exclusive jurisdiction over nationwide injunctions, both as to NPE status and to licensing and industry activity to establish the statutory domestic industry requirement. 17] At least, that’s as far as can be pieced together.

Litigation 126

Litigation Reporting Settlement Government 126

43(B)log

DECEMBER 20, 2022

Nathan directed the allegedly infringing 2013 Documentary, which “tells the story of Pug, a thirteen-year-old child who wants to be a ‘12 O’Clock Boy,’ just like [he] has repeatedly watched in [the 2001 and 2003 Documentaries].” Defendants' 2013 documentary Both parties’ works are “docu-fiction” set in Baltimore. Nathan, F.Supp.3d

Fair Use 52

Fair Use Trademark Copyright Editing 52

Michael Geist

APRIL 5, 2022

The dominance of Google and Facebook in the digital ad market raises particular concerns, but that is a competition issue, not a news one and requiring the companies to pay for news based primarily on having developed a more successful digital advertising platform is not a supportable policy. Village Media, a company based out of Sault Ste.

Government 111

Government Advertising Advertising Journalism 111

Indiana Intellectual Property Law

AUGUST 9, 2021

Hammond, Indiana – Monster Energy Company (“Monster”), the Plaintiff, claims to be a nationwide leader in marketing and selling ready-to-drink beverages. Additionally, Monster claims it has been licensing the Claw Icon to gyms for use on gym equipment including heavy bags, boxing gloves, and banners since 2013.

Cease and Desist 52

Cease and Desist Trademark Brands Branding 52

Technology & Marketing Law Blog

OCTOBER 28, 2022

But much of this business model is contingent on being able to sell flights directly through Ryanair’s site to control the market for ancillary services. Booking (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Ryanair has a long history of litigating against OTAs in Europe and the United States.

Blogging 111

Blogging Cease and Desist Business Litigation 111

IP and Legal Filings

FEBRUARY 26, 2024

Today, the prevalence of such activities can be seen in online rummy advertisements on social media and the 2013 IPL match-fixing scandal. In states like Goa and Sikkim, gambling is allowed to varying degrees, with licenses granted for activities like slot machines and casinos.

Law 97

Law Licensing Government Advertising 97

The IPKat

FEBRUARY 16, 2023

It had also been used by certain manufacturers to market a cheese produced nearby the Jura, but not in other regions of France nor in other countries. National proceedings In 2013, the Association of PDO “Morbier” producers filed a lawsuit against SFL, alleging PDO infringement [see an earlier post by The IPKat here ].

Art 81

Art Registration Licensing Marketing 81

LexBlog IP

OCTOBER 4, 2022

” Then, in 2019, FinCEN’s update to its original guidance in fact affirmed its 2013 interpretation and did not establish any new regulatory expectations or requirements. However, even if a California license is not required, the game developer might still need to comply with federal and other states’ licensure requirements.

Non-Fungible Tokens 52

Non-Fungible Tokens Law Publishing Art 52