2017, Copying, Litigation and Settlement - Intellectual Property Pulse

TIL: “Texas Tamale” Is an Enforceable Trademark–Texas Tamale v. CPUSA2

Technology & Marketing Law Blog

JUNE 8, 2024

” That prompted this litigation. CV H-17-1068, 2017 WL 2957912, at *8 (S.D. July 11, 2017) (holding that “the mere purchase of AdWords alone, without directing a consumer to a potentially confusing web page, is not sufficient for a claim of trademark infringement,” citing Mary Kay, 601 F. ” Uh oh. See Tempur-Pedic N.

Trademark

Trademark Advertising Advertising False Advertising

HIT NETFLIX CONTENT AND THE COPYRIGHT INFRINGEMENT THAT FOLLOWS

JIPL Online

MARCH 15, 2021

Then, the post will predict how Netflix may shift its content practices, defense strategies, and settlement tactics as a result of their past litigation successes in copyright actions. SETTLEMENT CASES. 9] Both parties reached an amicable settlement. [10] 9] Both parties reached an amicable settlement. [10]

Copyright Infringement

Copyright Infringement Copyright Public Domain Derivative Work

5th Cir affirms fair use on a motion to dismiss, fee award to D

43(B)log

MARCH 1, 2022

That’s what Chisholm Trail High School’s softball team and color guard did in 2017, on Twitter, to under 1000 followers, crediting Bell. If that were all, copying the WIN Passage would be qualitatively significant. The fact that he extracted settlements from alleged infringers does not a real market make. NXIVM Corp.

Fair Use

Fair Use Social Media Licensing Marketing

A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

DECEMBER 15, 2021

The Lenz case got a lot of press, but it ended with a confidential settlement. To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. The 512(f) plaintiff wins after 3 years of litigation and a bench trial. As a result, we’ve seen very, very few successful 512(f) enforcements.

Registration

Registration Fair Use Copyright Designs

Movie Studios Sue Grande Communications: Terminate Pirates, Block The Pirate Bay

TorrentFreak

AUGUST 16, 2021

In 2017 the RIAA sued Grande Communications for failing to take meaningful action against customers who allegedly carried out more than a million BitTorrent-based infringements. To support this claim, the movie companies turn to evidence handed to them as part of a settlement deal with the operator of the YTS torrent site.

Copyright Infringement

Copyright Infringement IP Copyright Reporting

Biosimilars 2020 Year in Review

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings. BPCIA Litigation. Antitrust Litigation. No earlier than July 31, 2023 per settlement.

Litigation

Litigation Settlement Marketing Marketing

Attorneys Adam Shartzer and Josh Carrigan Author Law360 Expert Analysis “Patent Fee-Shifting Often Leaves Prevailing Parties Unpaid”

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 9, 2022

This article details the authors’ study of Section 285 attorney fees awards against patentees from 2017 through 2022 and describes two potential reform efforts toward ensuring that prevailing parties receive Section 285 fee awards. PDF copy available. Read the full article at Law360. Study Structure.

Patent

Patent Litigation Patent Infringement Inventor

False advertising-based antitrust claims against Facebook survive motion to dismiss

43(B)log

JANUARY 19, 2022

Though I’ll detail the advertising-based claims below, I will also note that the court did dismiss claims based on Facebook’s “Copy, Acquire, Kill” strategy as untimely. Even after the 2011 FTC settlement, it deceptively tracked users and gave data to third party developers.

False Advertising

False Advertising Advertising Advertising Privacy

What is Blockchain Technology and has it been Patented?

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The first application for a blockchain patent was submitted by the Industrial and Commercial Bank of China with China’s State Intellectual Property Office in November 2017. Most number of patents for blockchains were filed in the year 2017. to various entities dealing with the same.

Technology

Technology Patent IP Invention

What is Blockchain Technology and has it been Patented?

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The first application for a blockchain patent was submitted by the Industrial and Commercial Bank of China with China’s State Intellectual Property Office in November 2017. Most number of patents for blockchains were filed in the year 2017. to various entities dealing with the same.

Technology

Technology Patent IP Invention

What is Blockchain Technology and has it been Patented?

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The first application for a blockchain patent was submitted by the Industrial and Commercial Bank of China with China’s State Intellectual Property Office in November 2017. Most number of patents for blockchains were filed in the year 2017. to various entities dealing with the same.

Technology

Technology Patent IP Invention

Meeting of the Minds: The Price of Recklessness: Disgorgement of Pro?ts in a Post-Romag World

The IP Law Blog

MARCH 2, 2021

This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder. When settlement discussions proved fruitless, Romag sued. Reproduced with permission.

Intellectual Property

Intellectual Property Contracts Trademark Trademark Law

A Seismic Ruling Undone: California’s Sound Recording Copyright Statute Does Not Include Public Performance Rights—Flo & Eddie v. Sirius XM (Guest Blog Post)

Technology & Marketing Law Blog

AUGUST 30, 2021

But much like George Washington’s army, even though Flo & Eddie lost many individual battles, they ultimately won the war, as their quixotic litigation campaign prompted Congress to grant protection to pre-1972 sound recordings equivalent to that provided to newer sound recordings under federal copyright law.

Blogging

Blogging Copyright Settlement Ownership

What Are The Various Copyright Law Issues With Apps Like Spotify In The Modern Tussle Between Artists And Corporate Giants?

IP and Legal Filings

DECEMBER 17, 2023

ii] This unreported judgement helped bring the grievances on the table for the others to see that copyright law has deficiencies in terms of music sharing and copying along with royalty issues. viii] Spotify, Pandora and other companies also follow the principle of settlement rather than compliance in their regimes. 297 (2017).

Copyright Law

Copyright Law Copyright Music Law

Quick Links from the Past Year, Part 2 (Copyright)

Technology & Marketing Law Blog

JUNE 11, 2022

A photo of the Indianapolis nighttime skyline has generated $825 in license fees & $135k in settlements. After 3+ yrs of litigation, court awards Bell $200 in statutory damages–but actually $0 due to a related settlement. This is a preview of the future of CCB litigation…CAN’T WAIT! in February 2017.

Copyright

Copyright Copying Copyright Infringement Copyright Law

Understanding the CCB’s First Two Final Determinations (Guest Blog Post–Part 3 of 3)

Technology & Marketing Law Blog

MARCH 29, 2023

At an initial conference on January 23, 2023, the parties reached a settlement and asked to dismiss the claim. The picture at issue was taken in 2017, and was registered with the U.S. Copyright Office on July 29, 2017. Prutton admitted to copying and said that his adult daughter had helped him with his website. (A

Blogging

Blogging Fair Use Copyright Copyright Notice

SpicyIP Weekly Review (May 13- May 19)

SpicyIP

MAY 20, 2024

on 10 May, 2024 (Delhi High Court) The defendant filed an application seeking cost of litigation from the plaintiff. The Court ruled that the defendants have tried to slavishly copy the plaintiffs’ trademark by adopting a visually, structurally and phonetically similar trademark. Case Summaries Dolphin Mart Private Limited v.

Trademark

Trademark Advertising Advertising Copyright

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Technology & Marketing Law Blog

JUNE 20, 2023

Similarly, when an artist lawfully creates a derivative work based on a photograph, and copies of that derivative work are reproduced and distributed to the public, ordinarily the owner of copyright in the photograph and the owner of copyright in the derivative work are entitled to royalties. . 36, because remote controls did not exist.)

Fair Use

Fair Use Derivative Work Blogging Licensing

Fish Principals Author Intellectual Property & Technology Law Journal Article, “Strategic IP Considerations of Batteries and Energy Storage Solutions”

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

PDF copy available. With these technical advances comes an increase in legal activity, including intellectual property (“IP”) filings and litigation. 19 Ancillary technologies have likewise seen a spike in patent litigation activity in recent years, including charging technologies and battery control systems (e.g.,

Intellectual Property

Intellectual Property Technology Journalism IP

Spring Cleaning: Decluttering From Recent Intellectual Property Detritus & Dusting Off Old Posts

LexBlog IP

APRIL 20, 2022

See Business Standard article entitled Spring cleaning in the Supreme Court: The new Chief Justice swats frivolous litigation but more measures are needed. It has also been applied to reform efforts by the Chief Justice of India’s Supreme Court. So, with that background, let’s turn to our own cleaning.

Intellectual Property

Intellectual Property Music Copyright Fair Use

Intellectual Property Pulse

TIL: “Texas Tamale” Is an Enforceable Trademark–Texas Tamale v. CPUSA2

HIT NETFLIX CONTENT AND THE COPYRIGHT INFRINGEMENT THAT FOLLOWS

Trending Sources

5th Cir affirms fair use on a motion to dismiss, fee award to D

A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Movie Studios Sue Grande Communications: Terminate Pirates, Block The Pirate Bay

Biosimilars 2020 Year in Review

Attorneys Adam Shartzer and Josh Carrigan Author Law360 Expert Analysis “Patent Fee-Shifting Often Leaves Prevailing Parties Unpaid”

False advertising-based antitrust claims against Facebook survive motion to dismiss

What is Blockchain Technology and has it been Patented?

What is Blockchain Technology and has it been Patented?

What is Blockchain Technology and has it been Patented?

Meeting of the Minds: The Price of Recklessness: Disgorgement of Pro?ts in a Post-Romag World

A Seismic Ruling Undone: California’s Sound Recording Copyright Statute Does Not Include Public Performance Rights—Flo & Eddie v. Sirius XM (Guest Blog Post)

What Are The Various Copyright Law Issues With Apps Like Spotify In The Modern Tussle Between Artists And Corporate Giants?

Quick Links from the Past Year, Part 2 (Copyright)

Understanding the CCB’s First Two Final Determinations (Guest Blog Post–Part 3 of 3)

SpicyIP Weekly Review (May 13- May 19)

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Fish Principals Author Intellectual Property & Technology Law Journal Article, “Strategic IP Considerations of Batteries and Energy Storage Solutions”

Spring Cleaning: Decluttering From Recent Intellectual Property Detritus & Dusting Off Old Posts

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