IP and Legal Filings

DECEMBER 23, 2024

This principle means that as long as the copy of the copyrighted content is within its fair use, it is classified as an exception and meets legal standards. 1] This article aims to prove how the alleged copying fits within Fair Use by assessing these four factors to render OpenAIs challenge devoid of merit.

Fair Use 52

Fair Use Derivative Work Journalism Copyright Infringement 52

The IPKat

AUGUST 8, 2022

But, for those who are yet to pick up a copy, here is what is in store: The EU legislature adopted Directive 2019/790 on Copyright in the Digital Single Market (DSM) in 2019. It was against this background that the proposal for a Directive on copyright in the Digital Single Market was made in 2016.

Marketing 81

Marketing Marketing Copyright Intellectual Property 81

TorrentFreak

FEBRUARY 28, 2023

From March 2016 through November 2019, Carrasquillo and his co-defendants opened fraudulent accounts with TV providers Charter Communications, Comcast, DirecTV, Frontier Corporation, and Verizon Fios. A wire fraud scheme against the victim cable companies from March 2016 through November 23, 2019, in violation of 18 U.S.C.

Government 143

Government Copyright Infringement Television Copying 143

LexBlog IP

JUNE 26, 2023

. (“JSC”) against Trendily Furniture, LLC, Trendily Home Collection, and Raul Malhotra (collectively, “Trendily”) finding Trendily liable for trade dress infringement for willfully copying, manufacturing, and selling identical JSC furniture pieces. Trade dress is not intrinsically protectable. Trendily appealed.

Copying 52

Copying Social Media Designs Design 52

TorrentFreak

MARCH 15, 2022

A few years ago, Advanced TV Network (ATN) was a dominant player in the Swedish IPTV market. However, that all changed in 2016, when local police raided its Malmo office. — A copy of the order, issued by the Swedish Court of Appeal, is available here (Swedish pdf). Prison Sentences for IPTV Operators.

Copyright 145

Copyright Copyright Infringement Marketing Marketing 145

TorrentFreak

JANUARY 11, 2023

Between August 2016 and July 2021, Bernardini used his insider knowledge as a rights coordinator to execute an audacious plan that would see him obtain more than a thousand pre-release manuscripts of novels and other unreleased books. According to a federal indictment unsealed early 2022, that was certainly not the case.

Publishing 135

Publishing Copying Marketing Marketing 135

TorrentFreak

JANUARY 6, 2022

The indictment, unsealed Wednesday in Manhattan federal court, alleges that beginning in August 2016, Bernardini – who was based in London and worked in publishing for Simon & Schuster – began impersonating agents, editors and other individuals in the industry to obtain pre-release literary manuscripts from his targets.

Publishing 142

Publishing Intellectual Property Designs Design 142

TorrentFreak

JUNE 4, 2024

Driven by views, likes, and in some cases, a reasonable level of fame, around 2016 emboldened YouTubers threw caution to the wind with their ‘content acquisition’ tutorials. For good measure, they also marketed them as such. Where there had once been a nod-and-a-wink, many ventured into the full-blown piracy tutorial arena.

Copying 127

Copying Technology Copyright Reporting 127

TorrentFreak

MAY 30, 2023

Operating from 2016 until 2018, the Flawless IPTV service copied subscription TV broadcasts from official (and unofficial) sources and then restreamed that content to tens of thousands of customers, at a dramatically cut down price. For many UK football fans, Flawless granted access to the sport they love, at a price they could afford.

Social Media 145

Social Media Marketing Marketing Licensing 145

TorrentFreak

AUGUST 18, 2021

In 2016, the company got involved by filing a proactive lawsuit against music rights group BMG, asking the court to declare that it is not responsible for pirating customers. — A copy of the movie companies’ complaint against RCN Telecom Services, filed at the US District Court for the District of New Jersey, is available here (pdf).

Copyright Infringement 143

Copyright Infringement Music Copyright Copying 143

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 #2: This work was published in 2016 in a video that “had over 100,000 views within the first 7-10 days and currently has about 125,000 views.” –Cooley v. Target Corp.

Copyright 105

Copyright Artwork Designs Design 105

Technology & Marketing Law Blog

JANUARY 9, 2022

As you can see, emoticon references peaked in 2016, and the number has roughly stayed steady since then (but see the footnote above). When the symbols “include something in addition to common tropes and shapes,” and even then, the registrations should only preclude verbatim copying. When exactly?

Law 145

Law Registration Settlement Litigation 145

Technology & Marketing Law Blog

APRIL 26, 2023

At issue are two versions of the TOS from 2016 and 2019. The named plaintiff, Jackson, agreed to the 2016 TOS. The 2016 TOS provided an opt-out for the arbitration provision, but Jackson didn’t exercise it. She agrees the 2016 TOS applies. Amazon appeared first on Technology & Marketing Law Blog.

Contracts 105

Contracts Copying Technology Licensing 105

TorrentFreak

MARCH 25, 2025

Hoping to fill in the gaps, TorrentFreak requested a copy of the court order. The supply of CCCAM servers focused on Sky broadcasts may have laid the groundwork for its entry into the IPTV market towards 2014/2015. Similar claims featured in subsequent submissions to the EC and the USTR’s Notorious Markets Report.

Intellectual Property 57

Intellectual Property Reporting Confidentiality Marketing 57

IPilogue

DECEMBER 9, 2022

The court opined that the dispute to copying does not arise as the defendants had admitted to copying the tattoo. 2016) it stated that the burden is on the Defendant to prove the copying was authorised. Citing Muhammad-Ali v. Final Call, Inc., 3d 755, 761 (7th Cir. Would Alexander Have Won this Case in Canada?

Fair Use 111

Fair Use Copying Licensing Copyright 111

The IP Law Blog

SEPTEMBER 22, 2022

P and P Imports (“P&P”) sells outdoor games under its GoSports brand, and in December 2016, it began selling its “Giant 4 in a Row Game” that was based on the classic tabletop version. It apparently conducted market research and discovered that P&P was one of the most successful sellers on Amazon in this category.

Copying 98

Copying Marketing Marketing Advertising 98

43(B)log

FEBRUARY 21, 2024

Facebook advertising for the 2014 app continued until 2016 or 2019 and remained available for download; even though the Pebble Watch was discontinued in late 2016, WCT’s principal testified that “there remains a loyal following among the Pebble Watch community.” But the app was not updated after 2016 and was removed from WCT’s website.

Marketing 59

Marketing Marketing Trademark Registration 59

SpicyIP

JUNE 26, 2024

Emphasizing the lack of a robust mechanism to ensure access to literary work by persons with disability, the authors highlight how the existing copyright framework comes in conflict with the rights enshrined under the Rights of Persons with Disabilities Act, 2016. Views expressed here are those of the authors’ alone.

Copyright 81

Copyright Copying Publishing Cinema 81

TorrentFreak

APRIL 5, 2024

Swedes and the New Piracy Boogeyman Starting around 2016, give or take depending on region, pirate IPTV services exploded globally. Pressure Increases on Players in the Illicit Market In common with its counterparts in Europe, Sweden had already been paying more attention to those involved in the supply and sale of pirate IPTV subscriptions.

Reporting 125

Reporting Marketing Marketing Copying 125

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.

Intellectual Property 98

Intellectual Property Government Invention Branding 98

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. 44 (2016) (noting that a moral right of attribution on all categories of works is recognized in the copyright laws of Berne Convention member States and that it is a U.S.

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

IPilogue

SEPTEMBER 29, 2021

Goldsmith said she was not aware of Warhol’s work until Tribute magazine featured the image, without crediting her, when Prince passed away in 2016. On the other hand, Warhol’s great commercial success was the choice of the market. A permissible derivative creation, or fair use, requires transformative changes made to the original.

Copyright Infringement 105

Copyright Infringement Copyright Art Fair Use 105

Technology & Marketing Law Blog

FEBRUARY 12, 2024

In 2016, the defendant IJR published an article/listicle titled “15 Signs Your Daddy Was a Conservative.” Philpot sued in 2020 over the 2016 IJR publication, i.e., after the 3 year statute of limitations that no one seems to care about post-Petrella. (In ” Market Effect. Larry Philpot is a repeat copyright plaintiff.

Fair Use 105

Fair Use Licensing Copyright Marketing 105

Kluwer Copyright Blog

NOVEMBER 4, 2021

This limitation was not a part of the original proposal tabled in 2016, making its way to the final text of the Directive through European Commission and Parliament compromises. Whenever a part of a press publication going beyond a “very short extract” is copied, the new right kicks in. This change was to bring art.

Social Media 142

Social Media Publishing Art Copying 142

IPilogue

JULY 19, 2021

This decision protects individuals from being misled by effective marketing. In this case, the defendant’s fiction novel substantially copied the plaintiff’s work of historical non-fiction. The defendant admitted to at least fifty instances of deliberately copying the language used and historical characters and significant events.

Copyright 111

Copyright Copying Law Publishing 111

IP and Legal Filings

OCTOBER 28, 2022

As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. 11 of 2008, dated April 21, 2008, regarding Electronic Information and Transactions, as amended by Law No 19 of 2016, dated November 25, 2016.• Image source: iStock].

Non-Fungible Tokens 98

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

Technology & Marketing Law Blog

DECEMBER 11, 2023

2016), aff’d , 674 F. 2016)) traded on the goodwill of Louis Vuitton; it is what made them attractive products. As the new threshold test for application of Rogers , courts can’t simply assume trademark use based on the close copying of the plaintiff’s goods. at 156 (citation omitted)”). Nope, the Supreme Court didn’t say that.

Blogging 130

Blogging Trademark Branding Brands 130

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

Intellectual Property 94

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 94

SpicyIP

JULY 5, 2021

The appellant sought a copy of a PhD Thesis titled “Studies on some nitrogen fixing genes of Azotobacter vinelandi” from Jamia Millia Islamia, a central university and public authority for the purposes of RTI Act. Degrees), Regulations, 2016 and the UGC Act, 1956 which have mandatory application on the Universities. Background.

Patent Application 131

Patent Application Invention Confidentiality Copyright Law 131

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.

Copyright 111

Copyright Music Licensing Copying 111

TorrentFreak

JANUARY 2, 2024

The company first launched a proactive lawsuit against music rights group BMG in 2016, which ended in a settlement. In its complaint, SMV mentions that it has invested significant financial resources, time, and effort in marketing its movies. Ideally, those investments should be recouped through sales but online piracy gets in the way.

Copyright Infringement 120

Copyright Infringement Copyright Litigation Settlement 120

Intellectual Property Law Blog

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

Patently-O

APRIL 17, 2024

In 2016, Dawgs added new asserted counterclaims against Crocs, including a claim for false advertising under the Lanham Act. Therefore, Dastar ‘s unaccredited copying did not constitute a false designation of origin actionable under § 43(a) of the Lanham Act. Crocs largely prevailed in those actions.

False Advertising 115

False Advertising Advertising Advertising Patent 115

Kluwer Copyright Blog

SEPTEMBER 28, 2022

The recent signing of the Digital Markets Act and the ongoing negotiations on the proposal for a Data Act present excellent opportunities to expand on the novel phenomenon. Starting from those technical definitions, the notion of portability made its way into the 2016 General Data Protection Regulation (GDPR).

IP 94

IP Contracts Social Media Copying 94

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

Blogging 98

Blogging Copying Social Media Copyright 98

Velocity of Content

OCTOBER 21, 2021

The RRO in English-speaking Canada had sought to enforce a Copyright Board tariff against the University for its unauthorized distribution of copies of copyrighted materials to students, and the University had defended primarily on the basis of “fair dealing.” Access Copyright.

Licensing 105

Licensing Copyright Intellectual Property Reporting 105

TorrentFreak

SEPTEMBER 25, 2023

In Mangamura’s case, a site founded in 2016 targeting the Japanese market became extraordinarily successful in a very short space of time. Actions taken against specific pirate platforms are shaped by policy, resources, and other practicalities, meaning that less significant sites may face no immediate threat.

Publishing 127

Publishing Copyright Reporting Copying 127