SpicyIP

SEPTEMBER 29, 2021

Zolgensma and the Inadequacies of the Compulsory Licensing Regime. Compulsory Licensing: Chinks in the Armor. The TRIPS Agreement has incorporated certain fail-safes in the form of Compulsory Licenses for when patents are seen to be acting contrary to public need. Natco Pharma Ltd, 2014 SCC OnLine Bom 963.

Licensing 92

Licensing Government Invention Patent 92

IP and Legal Filings

JUNE 21, 2021

In the United States, the first financial exchange focusing on the IP asset was established in 2014. The main aim was to facilitate the non-exclusive licensing and trading of IP assets. This shows how important is the licensing aspect of the company which deals in the IP field. Giving a larger ground for licensing.

Due Diligence 93

Due Diligence IP Contracts Licensing 93

TorrentFreak

MAY 17, 2022

It is unlikely that these features will appear on a licensed mainstream service but that doesn’t stop subscribers from desiring them. for a ‘lifetime’ license. Aside from living up to the significant functional claims in its marketing, the big questions revolve around legality.

Copying 145

Copying Social Media Licensing Technology 145

TorrentFreak

DECEMBER 24, 2023

This WeCast product was marketed towards the hotel market at some point but regardless of location or content, functionality doesn’t change. Copyrighted content being distributed without a license appears to be the root of the allegations facing Lime Fiber.

Social Media 120

Social Media Marketing Marketing Copyright 120

Copyright Lately

NOVEMBER 8, 2022

The principle that characters which evolve over time don’t enter the public domain all at once was established by the 2014 opinion in Klinger v. The wall clock on the right was the subject of a 2014 copyright lawsuit filed by Harold Lloyd Entertainment alleging infringement of the iconic clock scene from “Safety Last” (1923).

Public Domain 145

Public Domain Derivative Work Copyright Social Media 145

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

Intellectual Property Law Blog

APRIL 5, 2021

For instance, members of a patent pool may agree to pool and license their patent rights to a third party in exchange for fees or royalties. In another scenario, members of a patent pool may agree to pool and cross-license their patent rights to one another. License on Transfer (LOT) Network.

Patent 100

Patent Licensing Intellectual Property Technology 100

The IPKat

AUGUST 8, 2022

doubled on average every five years between the early 1990s to 2014 [see here page 61, figure 10.1]. Competition and market functioning 3. Licensing of SEPs 6. A patent that protects technology which is essential to implementing a standard is known as a standard essential patent (SEP). The number of declared?SEPs?doubled

Government 93

Government Publishing Patent Reporting 93

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. In letters sent to around 20 companies, TTVK warned that without proper licensing, these services were illegal and must be shut down.

Copyright Infringement 120

Copyright Infringement Copyright Fair Use Licensing 120

IIPRD

MARCH 21, 2024

Introduction Competition law and intellectual property rights (IPR) are like two different sides of the same coin, as they both work to ensure vibrancy in the market and promote consumer welfare. Yet, despite having a common point, they sometimes contradict each other’s jurisdiction. CCI, 2016, and Monsanto v.

Intellectual Property 98

Intellectual Property Law Licensing Intellectual Property Law 98

TorrentFreak

NOVEMBER 30, 2022

By recording the latest movies directly from the silver screen using concealed devices, ‘cammers’ fuel the illicit piracy market that thrives during the first few days of a film’s initial release. TGx is an open platform with an active and lively community, a relative rarity in today’s streaming-dominated market.

Cinema 145

Cinema Intellectual Property Copying Government 145

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

SpicyIP

JANUARY 26, 2025

He argued that he had obtained proper business licenses and trademark registrations and that there were significant differences in their product logos. While they had some business activities in India between 2008-2016, the Court held that these were limited transactions that did not demonstrate significant market presence.

Trademark 59

Trademark Art Registration Business 59

The IPKat

OCTOBER 30, 2023

Case Background: "Heat not burn" Philip Morris (PM) and BAT both market so-called "heat-not-burn" devices as alternatives to conventional cigarettes. Limited [2020] EWCA Civ 1292, AP Racing Ltd v Alcon Components Ltd [2014] EWCA Civ 40 ). In these electronic devices, cartridges of tobacco are heated ("not burned"). Smoke Free World. "

Invention 113

Invention Patent Application Patent Drafting Patent 113

Technology & Marketing Law Blog

JULY 25, 2022

1962 (2014), the U.S. 2014) (collecting cases). 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.

Blogging 98

Blogging Copyright Licensing Copyright Infringement 98

Patently-O

MAY 9, 2024

Nealy was incarcerated from 1989 to 2008 and again from 2012 to 2015 , and consequently was unaware that Butler had licensed their music without proper authorization. It was not until after his release in 2015 that Nealy discovered these unauthorized licenses, a revelation that came too late according to a straight three-year bar.

Copyright 89

Copyright Music Due Diligence Licensing 89

IP and Legal Filings

FEBRUARY 9, 2023

It also directs to impose such limitations and exceptions over copyrighted work in a particular format which cannot be obtained commercially by any person in the market. Though the compulsory license under this section also needs to mention means, format, period, and no of copies issued including the royalty. 3d 87 (2d Cir.

Copyright 98

Copyright Contracts Copying Licensing 98

Technology & Marketing Law Blog

JUNE 20, 2023

Specifically, when a derivative work is created pursuant to a statutory exception, then the derivative work is prepared “lawfully,” even though the artist who created the derivative did not get a license or other permission from the owner of the copyright in the underlying work. Goldsmith herself had been entirely unaware of the licensed use.)

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

The TTABlog

JULY 6, 2021

The Board found that Meenaxi deliberately caused consumers to believe that its products were licensed or produced by the same source as the products sold in India. 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. The Coca-Cola Company v.

Registration 98

Registration Marketing Marketing Branding 98

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 57

Licensing Litigation Technology Patent 57

43(B)log

MARCH 18, 2022

Fresh Bourbon allegedly falsely advertises that Fresh Bourbon is the “first black-owned bourbon distillery in Kentucky,” and makes other related false claims, which is allegedly false because it’s not a distillery, which requires both federal (TTB) and Kentucky (KABC) licenses. Fresh Bourbon counterclaimed for Lanham Act false advertising.

False Advertising 69

False Advertising Advertising Advertising Marketing 69

Patently-O

JANUARY 4, 2024

2014), a district court judge addressed the issue of copyright infringement in the context of legal briefs. a Minnesota federal court also concluded the law firm’s use of scientific journal articles in the patent prosecution process was fair based on the transformative nature of the use and lack of market harm. 3d 396 (S.D.N.Y.

Plagiarism 124

Plagiarism Fair Use Copying Copyright Infringement 124

SpicyIP

MARCH 2, 2025

On the other hand, the respondent claimed prior use since 2014, delay in objection by the applicant, and fair market competition, relying on trademark registry approval. The plaintiff had been marketing under a “ZED BLACK” trademark since 1992 and subsequently launched “ZED BLACK 3 IN 1” in 1998.

Trademark 59

Trademark Branding Branding Brands 59

IP and Legal Filings

FEBRUARY 2, 2022

The plaintiff is a California-based company that has millions of subscribers on YouTube and other Social Media handles, which is significant to understand the popularity of its various trademarks and copyrights with licenses for various sorts of merchandise. Similar is suggested in the case of Coach, Inc. Celco Customs Servs.

IP 105

IP Social Media Trademark Copyright Infringement 105

SpicyIP

MARCH 15, 2024

This post does not, in any manner, get into the arena of willingness or unwillingness of defendants to enter into a licensing agreement. The negotiations between ID and defendants commenced in October 2014 (para 10). I pose questions (rather than offer comments) with regard to the Court’s approach on bank guarantees.

Patent Infringement 59

Patent Infringement Settlement Patent Licensing 59

IP and Legal Filings

DECEMBER 13, 2024

As such a proprietary right is granted by way of registration of a trademark, whereby the owner of the mark or other parties granted a license to use the brand has the exclusive right to use it for the purpose of making money. General Mills Marketing Inc., General Mills Marketing Inc., 2014 SCC OnLine Del 1953. [8]

Trademark 98

Trademark Branding Branding Brands 98

Technology & Marketing Law Blog

JUNE 12, 2024

In 2014, California enacted AB2365 , sometimes called the “Yelp law,” codified at Cal. You might consider some of the TOS provisions catching the attention of the litigation team (such as non-disparagement clauses, coupled or independent of a trademark license) and consider rewriting or scrubbing those terms from your TOS.

Law 75

Law Contracts Litigation Business 75

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

Patently-O

SEPTEMBER 13, 2021

The decision is significant as it is the first by the Fifth Circuit to address the licensing of standards-essential patents and the meaning of “fair, reasonable and nondiscriminatory” (FRAND) licensing terms, adding to the growing body of jurisprudence already issued by the Third, Ninth and Federal Circuits in this area. Background.

Licensing 56

Licensing Contracts Patent Law Law 56

Technology & Marketing Law Blog

AUGUST 30, 2021

The ruling overturns a “seismic” district court ruling from 2014 that I wrote about in a previous blog post , one that “threaten[ed] to undo a 75-year-old consensus that state law does not provide a public performance right for sound recordings.” Flo & Eddie, Inc. Sirius XM Radio, Inc. , 17-55844 (9th Cir. One year later, on Sept.

Blogging 98

Blogging Copyright Settlement Ownership 98

Technology & Marketing Law Blog

MAY 15, 2024

1962 (2014). 2014) (collecting cases). to license works from the Music Specialist catalog. Use of that song was in turn licensed to several popular television shows, including “So You Think You Can Dance.” Metro-Goldwyn-Mayer, Inc. , 663, 134 S. See Psihoyos v. John Wiley & Sons, Inc. , 3d 120, 124 n.3

Music 105

Music Blogging Copyright Ownership 105

The IPKat

AUGUST 2, 2023

FRAND – Licensing Terms InterDigital selected 20 of its previous licences as comparables – the InterDigital 20. The Judge held that the patent licence agreements (‘PLA’) relied upon by InterDigital were not relevant comparables: the scale of the licensed business in each case was dramatically smaller than that of Lenovo.

Marketing 40

Marketing Marketing Licensing Patent 40

Copyright Lately

AUGUST 2, 2022

Multiple times throughout June and July 2022, Netflix informed Barlow & Bear’s lawyers that their July 26 performance wasn’t authorized and would give rise to claims for willful copyright and trademark infringement unless they negotiated a license—which Netflix was willing to do. 1962, 1976 (2014). Petrella v.

Music 109

Music Derivative Work Fair Use Cease and Desist 109

Technology & Marketing Law Blog

MARCH 10, 2022

1459 (2014); Zoe Argento, Whose Social Network Account? Tito & Tita appeared first on Technology & Marketing Law Blog. Moore, Find Out Who Your Friends Are: A Framework for Determining Whether Employees’ Social Media Followers Follow Them to A New Job, 39 CAMPBELL L. 493 (2017); Courtney J. TELECOMM. & & TECH.

Social Media 98

Social Media Contracts Ownership Business 98

The IP Law Blog

AUGUST 25, 2022

In 2014, Lang Van sued VNG for copyright infringement. and noted that it had signed license contracts with various U.S. market” by VNG. VNG is Vietnamese corporation that created the Zing MP3 website that makes copyrighted music available for download. In 2011-2012, VNG released Zing MP3 apps with Apple and Google.

Copyright Infringement 98

Copyright Infringement Copyright Contracts Music 98

LexBlog IP

AUGUST 2, 2023

The amount that the infringer would have paid to the trademark owner, if he had entered into a license agreement with the rights owner, whereby the use of the trademark is authorized, considering the commercial value of the trademark and the remuneration provided for in other licenses entered into by the trademark owner with third parties.

Trademark 52

Trademark Licensing Government Litigation 52

Technology & Marketing Law Blog

AUGUST 1, 2023

On the other hand, professional photographers have to make a living by licensing their photos to publishers (and other intermediaries) who are willing to pay them to reproduce and display those photos. Instagram, of course, was licensed to publicly display the post under its own terms and conditions, so there is no direct infringement.

Blogging 98

Blogging Copying Social Media Copyright 98