Kluwer Copyright Blog

OCTOBER 28, 2021

De minimis analysis involves the substantiality of the copying, not the use to which the infringing work is put; by definition, wholesale copying of a protected work cannot be de minimis copying. Wilmott Storage Services, LLC, September 9, 2021, Wardlaw, K.). Case date: 09 September 2021. Case number: No.

Copyright 52

Copyright Intellectual Property Law Copying Copyright Infringement 52

IP and Legal Filings

JANUARY 16, 2023

These innovations are which attract more and more buyers, which is guarantee their huge profits thus, they tried to use legal means available to protect their innovations, and ultimately, they came up with the idea to make it their exclusive property under Intellectual Property Law. Image Sources : IP Blog Dot PL].

Intellectual Property 87

Intellectual Property Intellectual Property Law Blogging Designs 87

Intellectual Property Law Blog

JANUARY 11, 2023

The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. The deposit can be either a physical copy of the mask work or a digital copy in a format specified by the Office. It is authorized by the federal Semiconductor Chip Protection Act of 1984 (SCPA).

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Registration Designs Design Copying 189

Kluwer Copyright Blog

FEBRUARY 11, 2022

” Google LLC’s copying of approximately 11,000 lines of code from the Java SE application programming interface to create the Android mobile operating system was a fair use of that material as a matter of law and did not support copyright infringement by the code’s owner, Oracle America, Inc., April 5, 2021).

Copyright 52

Copyright Intellectual Property Law Fair Use Intellectual Property 52

Erik K Pelton

JANUARY 12, 2022

The USPTO recently announced, via notice in the Federal Register , that it intends to issue electronic trademark registration certificates, and only will print physical certificates upon request and with a small fee ($25 per copy). 71249, 71250 (December 15, 2021). 71249, 71250 (December 15, 2021). 238 at page 71249.

Registration 162

Registration Trademark Intellectual Property Intellectual Property Law 162

Intellectual Property Law Blog

JANUARY 11, 2023

The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. The deposit can be either a physical copy of the mask work or a digital copy in a format specified by the Office. It is authorized by the federal Semiconductor Chip Protection Act of 1984 (SCPA).

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Registration Designs Design Copying 130

Intellectual Property Law Blog

OCTOBER 17, 2023

The parties stipulated to the dismissal of this case in 2021. On April 14, 2021, Pure Hemp moved for an award of attorney fees pursuant to 35 U.S.C. § Pure Hemp asserted that (1) UCANN’s prosecution counsel had allegedly committed inequitable conduct by copying text from a piece of prior art, U.S. 285, 28 U.S.C.

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Art Litigation Copying Patent 147

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] Goldsmith, No.

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Fair Use Licensing Cease and Desist Derivative Work 130

Kluwer Copyright Blog

APRIL 13, 2023

CJEU judgments and AG Opinions Ocilion, AG Opinion, C-426/21 This is yet another preliminary reference on the private copying exception in Article 5(2)(b) InfoSoc Directive coming from the Austrian courts. For the a comment on the most recent Court judgment on private copying and the cloud (Case C-433/20), also coming from Austria, see here.

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Copyright Law Law Copyright Copying 71

Intellectual Property Law Blog

FEBRUARY 13, 2024

For Baird, the Federal Circuit pointed out that the claimed 40 °F to 60 °F range was found to be a “different invention” from the disclosed 32 °F to 176 °F range because the claim had been copied from a different patent in order to initiate an interference proceeding. 2d 974 (C.C.P.A. 1965), and Indivior UK Ltd. 4th 1323 (Fed.

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Art Invention Copying Designs 130

IPilogue

OCTOBER 18, 2022

After a test copy of New Genesis was leaked online, WOTC took issue with development company TSR LLC’s use of their IP rights in the game. This is an interesting example of how intellectual property law can be utilized to smother the proliferation of harmful views.

Trademark 101

Trademark Trademark Law Intellectual Property Law Publishing 101

IIPRD

JUNE 26, 2024

The Information Technology rules 2021 applies to social media and OTT platforms where there are regulations on social media platforms to remove copied content within 36 hours of being notified. Image Sources: Shutterstock] In addition to the aforementioned, a major issue lies in our intellectual property laws.

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Intellectual Property Social Media Intellectual Property Law IP 52

The IPKat

OCTOBER 31, 2021

The two-day online event will take place on 5 and 6 November 2021, from 1:00pm to 5:30pm, CET. 2021 Annual Sir Hugh Laddie Lecture The 2021 edition of the Annual Sir Hugh Laddie Lecture will be held on 3 November 2021 at 7:15pm (CET) and this year it will be delivered by Professor Barton Beebe (NYU).

Intellectual Property 64

Intellectual Property Intellectual Property Law IP Social Media 64

Garrigues Blog

SEPTEMBER 13, 2021

In this regard, the Barcelona Provincial Appellate Court concluded, as was to be expected, that said libraries do not form part of the computer program and therefore, cannot claim protection under the Intellectual Property Law as software (article 96 et seq. of the Intellectual Property Law.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Plagiarism Law 52

Patently-O

JANUARY 31, 2023

A complete copy of this year’s release is archived at [link]. A copy of the codebook is available at these locations as well. Overall, however, there was a substantial drop in the number of merits decisions: 532 in 2022, as compared with 643 in 2021. Fewer appeals means fewer appellate decisions.

Copying 72

Copying Litigation Intellectual Property Law Patent Infringement 72

IPilogue

OCTOBER 1, 2022

Back on February 7, 2021, award-winning professional photographer Jeffrey B. In comparison, previous copyright infringement cases over tattoo art focus on an existing tattoo being reproduced in another work rather than the copying of a reference image. Sedlik (“Sedlik”) filed a complaint in the U. and High Voltage Tattoo, Inc.

Copyright Infringement 129

Copyright Infringement Fair Use Art Copyright 129

IPilogue

JULY 16, 2021

Eloise Somera is a 3L JD Candidate at Osgoode Hall Law School. . Alessia Monastero is an Associate Lawyer at Bhole IP Law and a Deputy Editor for the IPilogue. . As a result, Elle focuses on ensuring that each of her handbags and pairs of shoes has the “Zvelle touch”, consisting of high-quality materials and impeccable crafting.

Branding 105

Branding Branding Brands Intellectual Property 105

IP and Legal Filings

DECEMBER 25, 2022

This isn’t the case with real-world property, where one is in fact the owner of a physical copy of a book they have purchased. [4] However, if NFTs are primarily controlled by Intellectual property law, then the potential that this technology holds will be lost. 75, (Cambridge University Press, 2021). [2]

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Non-Fungible Tokens Government Law Ownership 93

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. More from our authors: Law of Raw Data. by Christopher Heath. €

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Social Media Publishing Art Copying 142

Indiana Intellectual Property Law

JANUARY 19, 2024

The complaint explains that the heart of the matter lies in Radic’s creation, a photograph titled “ Plaster falling off the ceiling ,” crafted in 2020 and officially registered under copyright law in 2021.

Copyright 52

Copyright Intellectual Property Copyright Law Copying 52

IIPRD

APRIL 2, 2024

For the makers of generic pharmaceuticals, who have historically relied on this same data to secure regulatory clearance for their own copies of the treatments, this poses a serious obstacle. iii] Gerald Mossinghoff and Thomas Bombelles, Intellectual Property Protection and the Pharmaceutical Industry, Oblon (1996), [link] [iv] Islam, M.D.,

Intellectual Property 105

Intellectual Property Branding Branding Brands 105

IP and Legal Filings

OCTOBER 7, 2022

The protection of creators’ rights and their intellectual property is the main goal of intellectual property laws. They need to be accepted by the law. One of many Indian laws that defends creators’ intellectual property rights is the Copyright Act of 1957.

Intellectual Property 52

Intellectual Property Intellectual Property Law Copyright Infringement Copyright 52

Kluwer Copyright Blog

APRIL 5, 2022

Welcome to the first trimester of the 2022 round up of EU copyright law! We started this rubric back in 2021. In this series, we update readers every three months on developments in EU copyright law. End of 2021. International federation for the phonographic industry (IFPI), Global Music Report 2021.

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Copyright Law Copyright Law Music 58

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.

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Blogging Copying Social Media Copyright 98

Indiana Intellectual Property Law

AUGUST 12, 2022

printed and sold copies of Mixed Blessings on January 18, 2020 and February 2021 from its online sales platform. Enigwe alleges that Defendant, Amazon.com, Inc. Therefore, Plaintiff is seeking compensatory damages for Copyright Infringement in violation of 17 U.S.C. § 501 et seq. and Counterfeiting.

Copyright Infringement 52

Copyright Infringement Copyright Settlement Copying 52

TorrentFreak

DECEMBER 4, 2023

In a lawsuit filed at an Illinois district court last week, the companies target attorney Michael Hierl of Illinois, and Hughes Sokol Piers Resnick & Dym, Ltd, a Chicago law firm of which Hierl is a shareholder. For their part, the defendants view the situation quite differently.

Settlement 112

Settlement Reporting Intellectual Property Contracts 112

IP and Legal Filings

OCTOBER 28, 2022

10 of 2021, dated May 21, 2021. Intellectual property rights are a key consideration when it comes to NFTs because they contain art, music, videos, pictures, and other creations. Provisions of intellectual property law will be applicable to NFTs. MOCI Regulation No. electronic data deletion.

Non-Fungible Tokens 96

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 96

Indiana Intellectual Property Law

JULY 26, 2022

According to the Complaint, the Defendant, Jason Bartel (“Bartel”), on or about May 2021 put The Works on a free online file sharing and storage site called “4Shared.com.” After sending Digital Millennium Copyright Act (DMCA) takedown notices the Foundation was able to have The Works taken off the site.

Trademark 52

Trademark Copyright Copyright Infringement Registration 52

The IPKat

DECEMBER 2, 2022

Let us briefly examine how these systems work and then consider how intellectual property law relates to them. How it's made Knowing how something works is necessary when discussing law and technology. The model does not contain any copies of works. 2021/41/N/HS5/02726.

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Copyright Related Rights Intellectual Property Law Intellectual Property 145

Kluwer Copyright Blog

MARCH 16, 2022

Running from 29 October 2021 to 7 January 2022, the “ Artificial Intelligence and IP: copyright and patents ” consultation formed the latest round in an ongoing national conversation between the UK Intellectual Property Office ( UKIPO ) and interested stakeholders (see here ). More from our authors: Law of Raw Data.

Licensing 92

Licensing IP Intellectual Property Intellectual Property Law 92

LexBlog IP

SEPTEMBER 15, 2022

June 2021: Roc-A-Fella Records sues its co-founder Damon Dash, alleging that Dash’s attempt to mint Jay-Z’s album “Reasonable Doubt” as an NFT constituted unlawful conversion of the copyright in the album owned by Roc-A-Fella. Hermes Int’l et al. Rothschild , Case No. Roc-A-Fella Records, Inc. Dash , Case No.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

Indiana Intellectual Property Law

AUGUST 23, 2021

According to the Complaint, Berman observed a copy of the Photograph on Auralex Acoustics, Inc. ’s s (“Auralex”) website on July 13, 2021. Berman claims because the Photograph was copied, stored, and displayed without license or permission, Auralex infringed on her copyrights. VA 2-145-705.

Copyright Infringement 52

Copyright Infringement Copyright Copying Licensing 52

Kluwer Copyright Blog

AUGUST 24, 2022

As previously reported , between October 2021 and January 2022 the UK Intellectual Property Office held a public consultation on the intersection between artificial intelligence (AI) and intellectual property laws (more specifically, copyright and patents). Photo by Kevin Ku on Unsplash.

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Government Intellectual Property Licensing Copyright 94

SpicyIP

JULY 22, 2023

February and August 2021 : Responsible AI: Approach Document for India (NITI Aayog) Coming back to NITI Aayog, after the 2018 discussion paper, the organization came up with “ Responsible AI: Approach Document for India (Part 1: Principles for Responsible AI).” IP finds mention under Innovation and Commercialisation.

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IP Intellectual Property Reporting Government 96

Intellectual Property Law Blog

DECEMBER 1, 2021

On October 22, 2021, the United States Court of Federal Claims released an opinion awarding SecurityPoint more than $100 million in damages for the United States’ unauthorized use of SecurityPoint’s U.S. Sheppard Mullin partner Don Pelto and associates Kazim Naqvi, Rebecca Mackin, and Tom Carr were also key members of the trial team.

Patent Infringement 246

Patent Infringement Patent Government Licensing 246

The IPKat

AUGUST 24, 2021

For museums, there are now exceptions for digital displays of collection works on dedicated terminals and, in certain situations, for making preservation and replacement copies. It is a compact and no-nonsense guide to the often complex interrelations between the visual arts and intellectual property law.

Art 98

Art Copyright Editing Publishing 98

Kluwer Copyright Blog

APRIL 19, 2022

Original Beauty Technology Company Limited & others v G4K Fashion Limited & others, [2021] EWHC 3439 (Ch). The evidence showed that the defendants had typically collected images of the claimants’ clothing and then sent these to a factory to be copied. More from our authors: Law of Raw Data. Additional damages.

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Designs Design Settlement Copying 52