Technology & Marketing Law Blog

AUGUST 30, 2021

Court of Appeals for the Ninth Circuit held that California Civil Code section 980(a)(2) , which grants “exclusive ownership” of a sound recording fixed before February 15, 1972, to its “author,” provides only an exclusive right of reproduction and distribution, and does not provide an exclusive right of public performance. 3d 14 (2d Cir.

Blogging 98

Blogging Copyright Settlement Ownership 98

Indiana Intellectual Property Law

DECEMBER 5, 2022

Elkhart, Indiana – Phoenix USA RV, Inc. , (“Phoenix USA”) founded in 1996 designs, builds, markets, and sells custom motor homes to customers through authorized retailers across the United States. In 2017, Phoenix USA sold to the current owners Chuck and Tina Cooper.

Ownership 52

Ownership Design Designs Marketing 52

SpicyIP

JULY 28, 2023

The move is seen as one of the series of significant changes that have been brought about in Twitter after Elon Musk taking ownership of the organization and tried to make it a diverse platform. Public perception which is a relevant factor is possible with Twitter due to its current foothold in the market. Especially in the U.S.,

Trademark 96

Trademark Marketing Marketing Branding 96

Technology & Marketing Law Blog

AUGUST 8, 2021

” Market Effect. Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. .” Amount Taken. Spoiler: Not Well). * Another Section 512(f) Case Fails–ISE v.

Fair Use 135

Fair Use Television Cease and Desist Copyright 135

Technology & Marketing Law Blog

MARCH 15, 2022

Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. Chen appeared first on Technology & Marketing Law Blog. Longarzo. * Another 512(f) Case Fails–Handshoe v.

Copyright 134

Copyright Fair Use Cease and Desist Litigation 134

Technology & Marketing Law Blog

MARCH 10, 2022

In a footnote, the court acknowledges the law is “evolving” with respect to employer ownership of social media accounts: The law on the ownership of a social media pages created by employees for employers is evolving rapidly and varies between jurisdictions. 493 (2017); Courtney J. See generally, Christopher A. DLB-21-401 (D.

Social Media 98

Social Media Contracts Ownership Business 98

Technology & Marketing Law Blog

MARCH 6, 2022

Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. Babybus appeared first on Technology & Marketing Law Blog. Longarzo. * Another 512(f) Case Fails–Handshoe v.

Fair Use 111

Fair Use Cease and Desist Copying Copyright Infringement 111

Patently-O

FEBRUARY 22, 2023

33] And let’s not forget the elephant in the room, the USPTO, which, as the issuer of patents, has the right to ask for ownership information and the recordation of secured interests throughout the administrative process, particularly as it comes to the broad fee-setting and fee-paying authority it has over the patents it issues and reviews.

Litigation 126

Litigation Reporting Settlement Government 126

Technology & Marketing Law Blog

AUGUST 18, 2022

Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. Day to Day Imports appeared first on Technology & Marketing Law Blog. MGA Entertainment.

Fair Use 122

Fair Use Cease and Desist Copyright Blogging 122

CopyrightsWorld

APRIL 19, 2021

Creators a few years ago, needed to invest in websites and marketing in order to host their creations and attract eyeballs. Some info on NFTs: NFTs’ actual ownership is blockchain-managed. billion just on the nine top platforms in 2017. Your product, your customers and your strategy. just some weeks ago.

Non-Fungible Tokens 98

Non-Fungible Tokens Ownership Business Art 98

Technology & Marketing Law Blog

APRIL 29, 2023

Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. Benjamin * How Have Section 512(f) Cases Fared Since 2017? Universal * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. MGA Entertainment The post Surprise!

Fair Use 105

Fair Use Cease and Desist Copyright Trademark 105

IP and Legal Filings

NOVEMBER 30, 2022

By integrating 16 nations’ markets, the Regional Comprehensive Economic Partnership (RCEP) aspires to make it simpler for each nation’s goods and services to be available throughout the region. By 2050, the predicted $0.5 One of ASEAN’s most liberal and open economies is Cambodia.

Intellectual Property 89

Intellectual Property Marketing Marketing IP 89

Kluwer Copyright Blog

JANUARY 31, 2022

Martin Garrix backstage during day three of Web Summit 2017. Merely bearing the financial risks of record production, marketing and distribution is not enough. Photo by Seb Daly/ Web Summit via Sportsfile CC BY 2.0.

Music 108

Music Editing Contracts Intellectual Property Law 108

Technology & Marketing Law Blog

OCTOBER 4, 2022

Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. RIAA appeared first on Technology & Marketing Law Blog. Longarzo. * Another 512(f) Case Fails–Handshoe v.

Cease and Desist 96

Cease and Desist Fair Use Copyright Blogging 96

Technology & Marketing Law Blog

DECEMBER 15, 2021

In making this finding I draw an adverse inference from Defendant’s failure to initiate litigation against Plaintiff…by November 19, 2018, Defendant was using the DMCA Takedown Notices to suppress a market competitor rather than to enforce a legitimate good faith claim of copyright infringement. MGA Entertainment.

Registration 132

Registration Fair Use Copyright Design 132

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. By contrast, digital data are, as such, not undisputedly considered to be subjectable to ownership rights. Why is that?

IP 93

IP Contracts Social Media Copying 93

The IPKat

JULY 12, 2024

According to Vogue , In the tradition of Bottega Veneta’s Kelly green, Valentino’s PP pink and Gucci’s Ancora red [IPKat here ] , Charli xcx has taken complete ownership of a colour that is already an ambient presence in modern life. Nonetheless, providing evidence of acquired distinctiveness in order to fulfil Art.

Social Media 70

Social Media IP Branding Brands 70

Technology & Marketing Law Blog

MARCH 29, 2023

It took eight months, but the ownership question of the photographs has been settled. However, it is not what I expected for the first case to be finally determined: Section 512(f) and an ownership dispute between former business partners. The picture at issue was taken in 2017, and was registered with the U.S.

Blogging 105

Blogging Fair Use Copyright Copyright Notice 105

Technology & Marketing Law Blog

NOVEMBER 30, 2023

Prior Posts on Section 512(f) * 512(f) Once Again Ensnared in an Employment Ownership Dispute–Shande v. Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. Benjamin * How Have Section 512(f) Cases Fared Since 2017? Barrett Financial appeared first on Technology & Marketing Law Blog.

Fair Use 75

Fair Use Cease and Desist Copyright Ownership 75

Kluwer Copyright Blog

MARCH 13, 2024

The purpose of copyright, at its very basic level, finds its normative implementation in the interplay between access to protected works and the protection of the moral and material interest of creators (see Geiger, 2017 ). While Member States can derogate from this right and establish and remunerated exception under art.

Copyright 118

Copyright Art Licensing Contracts 118

Kluwer Copyright Blog

APRIL 5, 2023

Opposing the claimants’ arguments, Ravensburger challenged the cross-border application of Italian law, alleging that the claims conflict with article 14 of Copyright Directive in the Digital Single Market (CDSM) Directive since they attempt to unlawfully impose property assertions on public domain works.

Public Domain 98

Public Domain Copyright Law Artwork 98

LexBlog IP

AUGUST 17, 2021

Given how competitive various industries and markets can be and how much money is often at stake, it’s not surprising to see similar products or innovations arrive concurrently. GM can certainly claim precedence, as their “Super Cruise” went into use in their vehicles in 2017.

Trademark 52

Trademark Ownership Marketing Marketing 52

SpicyIP

FEBRUARY 12, 2024

Read Yogesh’s critique of the judgement in light of DHC’s OpenTV decision and the CRI 2017 Guidelines. Case Summaries Gujarat Cooperative Milk Marketing v. The Respondent operates his business through two incorporated entities and claims ownership of the trademark via the permitted use by the two incorporated entities.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

IP and Legal Filings

OCTOBER 19, 2022

Forms of digital media or virtual artworks are traded among NFT traders in the current NFT market practice, frequently for astronomically high prices. 2560 (2017) and Section 140 of the Civil and Commercial Code of Thailand, which are further expanded upon in other provisions.

Artwork 81

Artwork Copying Contracts Copyright 81

The TTABlog

APRIL 6, 2022

124 USPQ2d 1028, 1033-34 (TTAB 2017). In Moreno , the Board held that, although exclusive licensee Julie Moreno could establish entitlement to a statutory cause of action, she could not prove priority based on use of the mark at issue by her licensor because that would "improperly recognize trademark ownership rights in a licensee."

Ownership 52

Ownership Registration Trademark Contracts 52

Patently-O

MAY 15, 2024

He asserted that such restrictions were a legitimate exercise of property rights, an “an ordinary incident of ownership.” 1523 (2017). patents provide no authority abroad, and therefore, a sale in a foreign market should not affect the patentee’s rights within the United States. Impression Products, Inc.

Patent Law 111

Patent Law Patent Law Invention 111

Kluwer Copyright Blog

JUNE 9, 2022

In interpreting these provisions, the Commission’s Guidance (COM/2021/288 final) states that information is considered “relevant” if it is at least “accurate about the rights ownership of the particular work or subject matter in question”. fingerprinting” and “metadata-based solutions”).

Technology 96

Technology Marketing Marketing Copyright 96

Technology & Marketing Law Blog

MAY 2, 2022

LinkedIn lawsuit started in 2017. The court remains skeptical of LinkedIn’s privacy-based arguments: LinkedIn has no protected property interest in the data contributed by its users, as the users retain ownership over their profiles. LinkedIn appeared first on Technology & Marketing Law Blog. Eric’s Comments.

Cease and Desist 116

Cease and Desist Contracts Privacy Business 116

43(B)log

OCTOBER 31, 2022

He alleged that he used the CBC Casper and Casper names exclusively to promote his work to the public, and that, by 2017, he used the Casper mark in commerce in connection with distributing downloadable Casper CBC software and specifications under open-source licensing agreements in the United States.

Registration 59

Registration Trademark Ownership Marketing 59

The IPKat

MARCH 13, 2022

Further to an appeal, in 2017 the Court of Appeal of Milan partly sided with the artist’s estate, but found that the unauthorized reproduction of the artist’s works in the context of the project and the book would not be unlawful. In 2014, the Milan Court of First Instance dismissed the action in its entirety.

Copyright Law 103

Copyright Law Copyright Law Artwork 103

Garrigues Blog

JULY 6, 2021

When we start any business, one of the first things to choose is the name that will identify you in the market and, if the homework is done, it will be registered as a trademark (see a related post here ). These issues can have a major impact on brand strategy and affect credibility in the market. Let us see it. An unpleasant surprise.

Branding 52

Branding Brands Branding Registration 52

LexBlog IP

FEBRUARY 21, 2022

billion in sales in 2021 alone, the non-fungible token (“NFT”) has recently undergone a dramatic rise in prominence in the cryptoverse, similar to the “crypto summer” of 2017-18 or the “DeFi summer” of 2020. With an astounding $17.7 The cat painting itself does not usually immutably exist on the blockchain.

Ownership 52

Ownership Art Artwork Non-Fungible Tokens 52

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

FEBRUARY 12, 2024

As explained by Ashish Pherwani, Partner, Media and Entertainment, E&Y India, the report aims to capture the state of music publishing in India, its market potential, and (perhaps the first of its kind in India) results of the survey of 500 music creators.

Music 105

Music Publishing Reporting Government 105

IIPRD

JUNE 21, 2021

[i] Since then multitudes of different crypto currencies coming into existence, 10,295 different crypto currencies to be precise according to market cap and this number is still bound to increase. [ii] This move wreaked havoc in the market leading prices to fall due to people selling their holding in India. ii] Coin Market Cap, [link].

IP 40

IP Ownership Intellectual Property Marketing 40

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. In light of the size of the food market, that’s a bit hard to credit. In light of the size of the food market, that’s a bit hard to credit.

False Advertising 59

False Advertising Advertising Advertising Registration 59

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. Most number of patents for blockchains were filed in the year 2017. to various entities dealing with the same.

Technology 52

Technology Patent IP Invention 52