IP Law 360

JUNE 2, 2023

The Eighth Circuit has backed a lower court's decision to toss a contract breach suit against medical device manufacturer LivaNova over the development of a heart valve therapy, arguing that the device maker was not obligated to keep the project going after LivaNova took ownership of the project in a 2017 acquisition.

Contracts 75

Contracts Ownership 75

Intellectual Property Law Blog

JANUARY 11, 2023

During litigation, the unredacted version may be used as evidence to support the ownership of the redacted portions in the registered mask work. It is recommended for the applicant to keep an unredacted version of the design along with the redacted version used for registration. Inspection of a Registered Mask Work.

Registration 189

Registration Designs Design Copying 189

SpicyIP

AUGUST 9, 2021

In this post, I will be analysing the recommendations pertaining to the amendment of patent laws in order to facilitate inventorship and ownership by AI. Recommendations vis-à-vis Inventorship and Ownership. Granting AI inventorship and ownership, is not as simple as amending a few provisions in the patent law.

Inventor 122

Inventor Invention IP Ownership 122

Trading Secrets

JUNE 22, 2022

This exception allows a buyer to enforce non-compete agreements against a seller if the seller is an “owner of a business entity selling or otherwise disposing of all of his or her ownership interests in the business entity.”. In Blue Mountain Enterprises, LLC v. Owen , 74 Cal. Silvermark).

Ownership 98

Ownership Business Contracts Law 98

IPilogue

OCTOBER 1, 2022

In March 2017 , Kat Von D inked a tattoo of Sedlik’s Davis photograph on the arm of lighting technician Blake Farmer (“Farmer”) for free. On March 18, 2017, Kat Von D posted an image on her personal Instagram of herself using the Davis image as a reference while inking the tattoo. On May 31, 2022, Judge Dale S. Background.

Copyright Infringement 129

Copyright Infringement Fair Use Art Copyright 129

TorrentFreak

SEPTEMBER 6, 2022

In 2017, the European Commission started exploring options to use blockchain technology to combat online piracy and counterfeiting. The EU sees them as unique “digital twins” of a physical product that signifies proof of legitimacy and ownership. The European Union recognized this potential several years ago.

Intellectual Property 145

Intellectual Property IP Branding Brands 145

TorrentFreak

AUGUST 26, 2022

Many digital file formats allow creators to embed additional data to provide details of ownership or any other relevant information. Between 2013 and 2017, Elias took photographs of hotels and licensed their owning companies to use them in promotional activities. One is of particular interest. Photographer’s CMI Erased.

Moral Rights 144

Moral Rights Copyright Public Domain Copyright Infringement 144

TorrentFreak

FEBRUARY 25, 2022

In September 2017 the International Association of Scientific, Technical, and Medical Publishers (STM) wrote to ResearchGate on behalf of 140 publishers. “This ruling has potentially far-reaching implications for the plaintiffs’ ability to assert their copyright ownership in the future,” the platform notes.

Publishing 141

Publishing Copyright Reporting Ownership 141

IP and Legal Filings

AUGUST 12, 2022

11/2017-18 on Foreign Investment. 11/2017-18 On Foreign Investment first appeared on IPLF. In order to execute the rules set forth, this Master Direction specifies the procedures that Authorized Persons must follow when conducting foreign exchange operations with their clients or constituents. PROHIBITED SECTOR AND PERSONS.

Government 52

Government Ownership Business Reporting 52

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

TorrentFreak

AUGUST 22, 2023

Set to launch in January 2017, every file transfer on the platform would be linked to a bitcoin transaction, taking “decentralization, anonymity & encryption to the next level. With the launch suddenly and inexplicably back on, January 20, 2017, spectacularly failed to deliver. In an effort to raise capital, Megaupload 2.0

Reporting 98

Reporting Technology Ownership Law 98

SpicyIP

JUNE 30, 2023

Shemaroo entered into assignment deeds with the producers and owners of the suit films between 2004-2016, acquiring sole, exclusive and absolute ownership of all the vested copyrights. The Plaintiff’s excuse of documents being voluminous was rejected and assertion of copyright ownership for 9 of the suit films was rejected.

Cease and Desist 98

Cease and Desist Ownership Copyright Publishing 98

The TTABlog

AUGUST 18, 2022

In deciding the issue of ownership, the Board was guided by Lyons v. An application filed by one who is not the owner of the mark is a "void application." of Veterinary Sports Med. & Rehab. 3d 1023, 123 USPQ2d 1024, 1028 (Fed.

Ownership 45

Ownership Registration Service Mark Contracts 45

Technology & Marketing Law Blog

SEPTEMBER 15, 2024

Despite UMG’s lack of ownership in the beat, UMG’s “content protection specialist” found the song Oi! It’s not like UMG had some colorable reason to think it owned the beat; its takedown notice was the direct and foreseeable consequence of its own incomplete tracking of its asset ownership and licensing status.

Fair Use 105

Fair Use Cease and Desist Ownership Licensing 105

IP and Legal Filings

JANUARY 19, 2023

Introduction Prior to 2017, China was the largest cryptocurrency market in the world, with 80% of Bitcoin transactions, the most popular digital currency, taking place in yuan 1. With “blockchain” in their name, almost 5,000 companies have been formally registered, up from 500 in 2017.

Government 94

Government Marketing Marketing Business 94

TorrentFreak

APRIL 17, 2023

These examples represent just a handful of domains from a collection that has exploded since the 2017 launch of the Alliance for Creativity and Entertainment. Domain Shows No Sign of MPA/ACE Ownership Domains under full MPA/ACE control usually have a particular signature.

Registration 140

Registration Confidentiality Settlement Reporting 140

TorrentFreak

MARCH 14, 2023

The Court’s timeline of the dispute dates back to February 2017 when singer and claimed songwriter Mohammad Rahi emailed Kamraan Ahmed, a director of music publisher Moviebox Megastores International Limited. He alleges that the defendants falsely claimed ownership of his music and had no right to upload his songs to YouTube.

Music 105

Music Copyright Publishing Intellectual Property 105

TorrentFreak

SEPTEMBER 25, 2024

In 2017, Elsevier won a court case against LibGen and Sci-Hub in a New York federal court, which awarded the publisher $15 million in damages. Court orders have led to LibGen being blocked in several countries, but completely eliminating the threat has been extremely difficult.

Publishing 144

Publishing Copyright Infringement Social Media Copyright 144

Intellectual Property Law Blog

JANUARY 11, 2023

During litigation, the unredacted version may be used as evidence to support the ownership of the redacted portions in the registered mask work. It is recommended for the applicant to keep an unredacted version of the design along with the redacted version used for registration. Here is the number of mask works registered with the U.S.

Registration 130

Registration Designs Design Copying 130

Indiana Intellectual Property Law

DECEMBER 5, 2022

In 2017, Phoenix USA sold to the current owners Chuck and Tina Cooper. Many of the employees became unhappy with the direction of the company under new ownership. They left the company and started Hoosier Custom Cruisers LLC.

Ownership 52

Ownership Designs Design Marketing 52

IP and Legal Filings

JANUARY 24, 2023

When it comes to AI, there are various entities for which a claim for copyright could be made: Programmer: One of the main contention of granting ownership to AI is that it is the programmer who designs, creates, or trains the computer software, without which the AI system would not have been created. 8] Who Owns The Copyright In Ai?

Copyright 98

Copyright Ownership Artistic Work Intellectual Property 98

Technology & Marketing Law Blog

APRIL 1, 2023

Construing these allegations as true and in Service’s favor, Service subjectively believed that he possessed an ownership interest and that he never approved the Comedy Dynamics deal. I’m pretty sure the drafters of 512(f) never contemplated that it would be invoked in disputes over ownership.

Fair Use 111

Fair Use Cease and Desist Contracts Ownership 111

IP and Legal Filings

NOVEMBER 25, 2022

Regarding the material component, SME jobs helped rural residents raise and maintain their income, gave them equal access to, control over, and ownership of assets, and allowed them to access high-quality services for health care, nutrition, and education.

Business 86

Business Government Ownership Designs 86

CopyrightsWorld

APRIL 19, 2021

Some info on NFTs: NFTs’ actual ownership is blockchain-managed. billion just on the nine top platforms in 2017. NFTs are changing the game once again bringing the value of the “authentic”, “original” and “one of a kind” creation to the online world. A single image was sold for 69M and Jack Dorsey sold his first tweet for 2.9M

Non-Fungible Tokens 98

Non-Fungible Tokens Ownership Business Art 98

IIPRD

NOVEMBER 7, 2024

In today’s world, there has been considerable growth in remote jobs, gig-economy work and artificial intelligence tools which introduce new complexities with the ownership of worker creations. With the increasing prevalence of AI tools and hybrid work models, the traditional understanding of ownership and IP becomes obscure. [2]

Intellectual Property 52

Intellectual Property Ownership Journalism Contracts 52

LexBlog IP

NOVEMBER 24, 2021

Under Australian law, if a trademark applicant was not the owner of the mark at the time the application was filed, then the incorrect ownership cannot be cured by an assignment of the mark to the correct owner, and, unfortunately, the application or registration will be vulnerable, including to opposition or cancellation proceedings.

Ownership 52

Ownership Trademark Registration Registering Trademarks 52

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. Spoiler: Not Well). * Another Section 512(f) Case Fails–ISE v. 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

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. But, in India, Rules of 2017 and the Act of 1999 lay down the effective standards of distinctiveness for the registration of a trademark.

Trademark 96

Trademark Marketing Marketing Branding 96

SpicyIP

MAY 23, 2022

Deshraj v State of Rajasthan and Anr, 2017. Without the registration requirement, there is no need of any documentation to even claim ownership, before pointing at someone else for alleged infringement and opening them up to arrest. Sureshkumar S/o Kumaran v the Sub Inspector of Police, 2007. Cognizable and Non-Bailable. State Govt.

Copyright 137

Copyright Ownership Copyright Infringement Law 137

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. Spoiler: Not Well). * Another Section 512(f) Case Fails–ISE v. Longarzo. * Another 512(f) Case Fails–Handshoe v.

Fair Use 111

Fair Use Cease and Desist Copying Copyright Infringement 111

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. Spoiler: Not Well). * Another Section 512(f) Case Fails–ISE v. Longarzo. * Another 512(f) Case Fails–Handshoe v.

Fair Use 122

Fair Use Cease and Desist Copyright Blogging 122

Kluwer Copyright Blog

JANUARY 31, 2022

Martin Garrix backstage during day three of Web Summit 2017. 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

AUGUST 8, 2021

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. Spoiler: Not Well). * Another Section 512(f) Case Fails–ISE v. Longarzo. * Another 512(f) Case Fails–Handshoe v.

Fair Use 135

Fair Use Television Cease and Desist Copyright 135

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

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. Spoiler: Not Well). * Another Section 512(f) Case Fails–ISE v. Longarzo. * Another 512(f) Case Fails–Handshoe v.

Cease and Desist 96

Cease and Desist Fair Use Copyright Blogging 96

CopyrightsWorld

APRIL 29, 2022

On November 3rd, 2018, Thaler filed a copyright application for A Recent Entrance to Paradise, designating himself as the claimant and the work’s author as “Creativity Machine,” saying that the copyright should be transferred from the AI to him due to his “ownership of the machine.”

Copyright 98

Copyright Artwork Public Domain Art 98