IP Tech Blog

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

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Kluwer Copyright Blog

NOVEMBER 17, 2021

Part 1 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 is available here , and parts 3 and 4 will be published on the blog over the coming days. . Nevertheless, the BGH applied the CJEU principles on posting links to copyright infringing content.

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LexBlog IP

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

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Patently-O

AUGUST 31, 2021

In addition, SAS argues that the formatting of the reports is also copyrighted. There apparently is no claim of copying of any lines of software, but instead it is copying of the functionality and use of the particular coding language. Pamela Samuelson, A Fresh Look at Tests for Nonliteral Copyright Infringement , 107 Nw.

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Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

IPilogue

OCTOBER 28, 2021

In general, any clothing, including costumes, is not protected by copyright laws. In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. In Pyrrha Design Inc.

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TorrentFreak

FEBRUARY 11, 2024

The last time developer Christopher Boomer appeared on our radar was back in July 2022 when he attempted to unmask thousands of alleged copyright infringers using the DMCA subpoena process. The same gameplay mechanics also appear in Get Muscles Simulator but the complaint alleges that copying goes well beyond that.

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IPilogue

NOVEMBER 15, 2021

Larson first commenced legal action at the start of 2019 following a number of attempts by Ms. Dorland’s copyright infringement claims were allowed, while her claim for intentional infliction of emotional distress was denied.? In order to prove copyright infringement , Ms. 19-cv-10203-IT), Ms. In T-Peg Inc.

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Art Copyright Infringement Copyright Copying 105

SpicyIP

DECEMBER 29, 2023

The Beijing Internet Court recently decided an interesting copyright infringement lawsuit concerning AI generated images ( GW law translated version here ). Original work by a human The court held that the image qualifies as an original work of human intellectual achievement under applicable Chinese copyright law. Liu case.

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Copyright Copyright Infringement Copyright Law Copying 59

The IPKat

MARCH 10, 2022

The IPKat's favourite Le Pliage When you have a handbag design bestseller with over 54 million copies sold around the world since its creation in 1993, the question concerning the IP rights vesting in it is not just an academic one. The case concerned Longchamp’s Le Pliage “cult” bag.

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Kluwer Copyright Blog

OCTOBER 3, 2023

The defendants’ wholesale collection and use of copyrighted material, with no option for copyright owners to opt out, would exceed the legal interpretation of “fair use” (see VHT vs Zillow Group , 918 F.3d 2019); Worldwide Church of God vs Phila. 2000) (“ copying an entire work militates against a finding of fair use. ”).

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SpicyIP

OCTOBER 27, 2023

Challenges Under IP Law Dark patterns are deceptive or manipulative design elements or techniques used in user interfaces to trick users into taking actions they may not want to take. Misuse of copyrighted content: It also includes misuse of copyrighted material, such as using images or content without permission to mislead users.

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TorrentFreak

DECEMBER 8, 2022

As one side pays millions to produce or license movies and TV shows, the other only has to worry about when they’re available to copy, so that subscriptions can be sold to the public. Investigation Began in 2019. As far as a confession went, the man said he designed the IPTV service’s website and answered a few emails.

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Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. Defendant had not obtained the Deposit Design from the Copyright Office. OK, I guess, but this is a reminder of how hard it is to win 512(f).

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Registration Fair Use Copyright Designs 113

LexBlog IP

SEPTEMBER 24, 2021

.” This is exactly what happened to Jaguar Land Rover in its claim against Land Wind (Jiangling Motors) in China for copying of Jaguar Land Rover’s car design. After their patent battle from 2014 to [2019], the design patents of Jaguar Land Rover and Land Wind for their off-road vehicles were invalidated by each other.

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TorrentFreak

OCTOBER 10, 2022

As a result, copyright holders have yet another battle on their hands. Since at least 2019 , Italian authorities have targeted Telegram channels linked to illicit IPTV services and movie and TV show piracy , but protection of literary works is becoming increasingly common. Italy’s War on Telegram Piracy.

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Kluwer Copyright Blog

FEBRUARY 2, 2023

These include (and may be limited to) Hong Kong ( section 11(3), Copyright Ordinance ), India (section 2(d)(vi), Copyright Act, 1957 ), Ireland ( Art. Registration was refused in August 2019, in line with previous US case law and guidance. We were not aware that the image may have been created by AI” 2.

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The IPKat

DECEMBER 16, 2021

Today, we begin with developments in the copyright field. CPL Industries Limited , dismissed an appeal from the High Court in a copyright infringement, trademark infringement and passing-off suit between two pharmaceutical companies. In January , the Court of Appeal in Nigeria in Morison Industries Plc V.

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Copyright IP Ownership Copyright Infringement 89

IIPRD

NOVEMBER 14, 2023

Musical Arts, designs, pictures, software, material, and many other sorts of Intellectual Property can be transferred using an e-commerce platform in the digital age. There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. 2019 (77) PTC 1 (Del). [4] 4] Alexander S.

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Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Claims under copyright law. Right of remuneration (Sections 32 et seqq.

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Contracts Copyright Law Cease and Desist 98

43(B)log

DECEMBER 18, 2023

The engineer of record must indicate on construction drawings the specific structural connectors that will be used on a given project, whether a custom connector designed by the engineer to join and transfer the load between members or a pre-engineered connector. California UCL: same. But it doesn’t matter.

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False Advertising Advertising Advertising Copyright 62

SpicyIP

MARCH 25, 2024

Kunal Makkar & Anr on 14 March 2024, Delhi High Court Image from here The petition concerned alleged violations of a previous judgment where respondents undertook not to imitate, copy, manufacture, or sell shoes imitative of the petitioner’s designs. Christian Louboutin Sas & Anr v.s & Ors v. Entertainment Inc. &

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SpicyIP

MARCH 11, 2024

Calm Water Therapeutics Llc vs The Assistant Controller Of Patents And Designs on 28 February, 2024 (Delhi High Court) The appeal challenged the rejection of a patent application for a “Bi-Functional Co-Polymer” by the Assistant Controller of Patents. Third, the evidence of the plaintiff’s use of the mark from 1989 are fabricated.

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IP and Legal Filings

APRIL 24, 2023

The Designs Act, 2000 (“the Act”), is a complete code in itself and protection under it is totally statutory in nature. It protects the visual design of objects that are not purely utilitarian. Designs are registered in different classes as per the Locarno Agreement. These classes are mainly function oriented.

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Designs Design Registration Law 75

The IPKat

FEBRUARY 23, 2023

Ltd [2022] EWHC 1895 (Ch) (July 2022) In our last volume , we reported on Samsung being held directly liable as a platform for copied watch faces for Samsung smartwatches. There was no upfront requirement for such an address for International Registrations designating the UK. A form of order hearing took place a few months later.

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Kluwer Copyright Blog

JANUARY 16, 2024

LLaMA is a large language model in the form of an AI software program designed to emit convincingly naturalistic text outputs in response to user prompts. Rather than being programmed in the traditional way, a large language model is “trained” by copying massive amounts of text and extracting information from it.

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LexBlog IP

DECEMBER 3, 2021

For example, YouTube has a fairly robust free copyright infringement monitoring program called Content ID. [5] And, where feasible, brand owners may want to consider hiring a person(s) whose sole purpose is to employ these tools to scour the internet for infringements. [6]. 6] Design Basics, LLC v. 13, 2021). [2]

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IP and Legal Filings

JANUARY 22, 2024

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.

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Copyright Lately

DECEMBER 24, 2023

When Netflix refused to pay up, Cramer sued for copyright infringement. The plaintiff in question was rapper Denise Jones, aka Necey X, who claimed that Cardi B, Megan Thee Stallion and Atlantic Records “copied and pasted the lyrics” from her original song Grab Em by the P * to use in the hit songs WAP and Thot S**t.

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Copyright Copyright Infringement Music Fair Use 104

Technology & Marketing Law Blog

MAY 2, 2022

In 2019, the Ninth Circuit upheld the district court’s injunction ruling in favor of hiQ. They may look to state hacking laws, trespass to chattel claims, or other causes of action “such as copyright infringement, misappropriation, unjust enrichment, conversion, breach of contract, or breach of privacy.”. __.

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Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

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Copyright Copyright Law Fair Use Law 136

SpicyIP

MAY 20, 2024

Shamnad Basheer 1976-2019; taken at NUJS, Kolkata circa 2009. SpicyIP Tidbit: Delhi High Court grants an Ex-parte Ad interim Injunction to Designer Gaurav Gupta On DHC’s recent interim injunction to designer Gaurav Gupta, Surabhi highlights the problem with the Court’s one glove fits all approach in this tidbit.

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Kluwer Copyright Blog

NOVEMBER 4, 2021

On 21 st October 2021, Facebook announced that it has reached an agreement with APIG , an association of French press publishers, committing itself to the payment of licensing fees pursuant to the press publishers’ right introduced by the 2019 Copyright Directive. Why has Facebook made the deal?

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TorrentFreak

DECEMBER 20, 2022

These lawsuits target people whose Internet connections were allegedly used to download and share copyright-infringing content via BitTorrent. “Strike 3’s computer system: ‘VXN’ that was used to collect the PCAP’s in 2019, was not tested by Strike 3’s until 2022. federal courts. Rare Files-Sharing Trial.

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Technology & Marketing Law Blog

MARCH 29, 2023

Now here he claims this infringed his copyright, when in fact this is merely a retaliatory claim due to my filing a DMCA claim based on his appropriation of my design and copyright computer code expressions on multiple occasions without written or verbal permission. Copyright Office on July 29, 2017.

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Copyright Lately

JULY 19, 2021

The Copyright Termination Notice. In a letter dated February 5, 2019, Yoakam’s lawyer transmitted two notices of termination to Warner—one for Yoakam’s sound recordings and the other for his music videos. Apparently Yoakam’s lawyer had originally planned on serving the termination notice on January 31, 2019. The Mistake.

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Kluwer Copyright Blog

MARCH 21, 2023

The Directive does this through a mandatory exception for copyright infringement that allows cultural heritage institutions and educational institutions to reproduce and make available orphan works from their collections to the public. The digitisingmorgan.org project is a great example of this.

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LexBlog IP

JULY 21, 2021

Juliet Dee, Sweet baby Jesus, the band who must not be named, and friends U can’t trust: Disparaging, immoral and scandalous trademarks in the United States and the European Union, 53 First Amendment Studies 91, 93 (2019)]. Dee (2019) at 119. copyright law. ” (at page 9 and 13). ” Id. ” Id. ” Id.

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