The IPKat

JUNE 27, 2022

On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, cybersquatting and other cause of actions before the Central District of California. The original BAYC #1422, for example, can be seen here and the corresponding RR BAYC #1422 here.

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

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).

Registration 130

Registration Design Designs Copying 130

Kluwer Copyright Blog

OCTOBER 5, 2022

On 9 September 2022, Creative Commons issued their new FAQs on NFTs. The ownership of an NFT is recorded in the blockchain, and can be transferred by the owner, allowing NFTs to be sold and traded ”. Crucially, the ownership of an NFT does not equate to ownership of an underlying asset. Photo by Markus Winkler.

Licensing 107

Licensing Technology Public Domain Non-Fungible Tokens 107

TorrentFreak

NOVEMBER 23, 2022

As laid out in David Graves’ declaration, the website DaftSex.com links to 1,734 pirated copies of CP Productions videos. A second website, Pornwild.com, began offering CP Productions’ videos around May 2022, again without permission. Two other domains, daftsex.tv and daftsex.porn, redirect to DaftSex.com.

Copying 141

Copying Registration Intellectual Property Ownership 141

IP and Legal Filings

JANUARY 23, 2023

In today’s digital world, a lot of data and information have been shared online and are susceptible to corruption and copying. Due to the recurrent copyright difficulties, which have a significant impact on an individual’s business interest, it is imperative to preserve the ownership rights of digital works.

Non-Fungible Tokens 97

Non-Fungible Tokens Copyright Intellectual Property Ownership 97

TorrentFreak

DECEMBER 22, 2022

Shortly after the court issued its order, Verisign received an email from an MG Premium imposter trying to seize ownership of the contested domain names. “On November 10, 2022, just days after this Court entered the Order of Final Judgment and Permanent Injunction, a fraudulent letter was sent to Verisign, Inc.

Ownership 144

Ownership Copyright Copyright Infringement Copying 144

Technology & Marketing Law Blog

MARCH 6, 2022

” With respect to whether Babybus’ baby character infringed Moonbug’s baby, Babybus claimed that the alleged copying related to generic features found in nature. . 2022 WL 580788 (N.D. Babybus (Fujian) Network Technology Co. Prior Posts on Section 512(f). * A 512(f) Plaintiff Wins at Trial! Alper Automotive v.

Fair Use 111

Fair Use Cease and Desist Copying Copyright Infringement 111

TorrentFreak

JULY 9, 2023

During 2022, copyright holders were paid around $1.5 Through a third-party partner with access to the Content ID system, the pair generated over $24 million in revenue from YouTube by falsely claiming ownership. During the most recent reporting period, rightsholders chose to monetize over 90% of all Content ID claims. In 2020, the U.S.

Copyright 144

Copyright Public Domain Reporting Ownership 144

Kluwer Copyright Blog

APRIL 5, 2022

Welcome to the first trimester of the 2022 round up of EU copyright law! On 24 March 2022, the CJEU issued its judgment in the Austro-Mechana case which tackles the private copying exception and the compensation for the reproduction and storage of copyright material in the cloud. Photo by Markus Spiske on Unsplash.

Copyright Law 58

Copyright Law Copyright Law Music 58

The IPKat

FEBRUARY 3, 2023

While at this stage the particulars of Getty’s claim are unavailable, their press release states that Stability AI “unlawfully copied and processed millions of images protected by copyright and the associated metadata owned or represented by Getty Images”. temporary copy which is; 2. transient or incidental; 3.

Litigation 143

Litigation Copying Copyright Design 143

TorrentFreak

MAY 13, 2024

This alleged behavior wasn’t well hidden either, as defendants allegedly promoted their abuse scheme on YouTube in a video blatantly titled: “2022 SEO 3 minutes to take top 1 google by Fake DMCA complaints”. — A copy of Google’s request for a default judgment, filed as a California federal court, is available here (pdf).

Contracts 124

Contracts Copying Copyright Ownership 124

The IPKat

MARCH 5, 2024

Jane Wessel's book , Owning Performance | Performing Ownership: Literary Property and the Eighteenth-Century British Stage , is a distinguished contribution to this scholarly pantheon. One needs to look no further than Mark Rose, Authors and Owners , or Adrian Johns, The Nature of the Book. Read, learn, and enjoy.

Ownership 57

Ownership Intellectual Property Law Publishing Copying 57

The IPKat

JUNE 13, 2022

The case was brought by Lavinia Deborah Osbourne (founder of Women in Blockchain Talks) against Ozone Networks (trading as OpenSea) in January 2022, after two NFT artworks that she had purchased from the Boss Beauties collection were taken from her digital wallet without her consent.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

TorrentFreak

MAY 13, 2023

” In its 2022 ‘Engaging With Music’ report, IFPI estimates that almost a third of people say they have used illegal or unlicensed methods to download and listen to music. But does wordplay stop people from ripping billions of tracks from YouTube and copying them to their machines?

Music 145

Music Branding Brands Branding 145

IPilogue

OCTOBER 1, 2022

On May 31, 2022, Judge Dale S. 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. Fischer found triable issues on substantial similarity and fair use. Background. For example, in Alexander v.

Copyright Infringement 129

Copyright Infringement Fair Use Art Copyright 129

IPilogue

AUGUST 16, 2022

On April 5 th 2022, the Federal Court released its decision for August Image LLC v AirG Inc , a copyright infringement action concerning images of singer-actress, Jennifer Lopez. 2022 FC 470: [link]. 2022 FC 470: [link]. Federal Court Dismisses Copyright Claim Due to Plaintiff’s Failure to Establish Ownership: [link].

Copyright Infringement 104

Copyright Infringement Copyright Registration Social Media 104

IP Tech Blog

JANUARY 4, 2023

Ownership and Enforcement. Ownership and scope of protection against infringers are among the key challenges to copyright protection of NFTs. Ownership and scope of protection against infringers are among the key challenges to copyright protection of NFTs. Copyright Ownership. Trademark Ownership and Infringement.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

43(B)log

MARCH 31, 2023

“Upon Darger’s death, the Lerners took control of his works under the allegedly false pretense that he had gifted the physical copies of his works and their associated copyrights to them.” In 2022, a distant relative was appointed as administrator of the Estate, which then sued.

Ownership 45

Ownership Art Copyright Registering Trademarks 45

Technology & Marketing Law Blog

MAY 30, 2022

While common law trademark rights can and often do support federal infringement claims, an infringement plaintiff must show ownership of a valid mark as a threshold requirement for the cause of action. It confirms both ownership of valid copyrights and copying by the defendants of original constituent elements of the works.

Blogging 111

Blogging Social Media Television Fair Use 111

Kluwer Copyright Blog

DECEMBER 8, 2022

In August 2022, the European Commission’s Directorate-General for Research and Innovation published a study on EU copyright and related rights and access to and reuse of scientific publications, including open access. Such rules could grant copyright ownership in scientific publications to the scientific author or to universities.

Copyright 105

Copyright Ownership Journalism Publishing 105

TorrentFreak

OCTOBER 4, 2022

Alleged Infringement of ‘Copyrighted Images’ In March 2022, Richard Byrne of freetech4teachers.com uncovered a scam in which website operators were informed by supposed law firm Arthur Davidson Legal that they’d infringed copyright in an image and a lawsuit could follow. Ghosts From the Past. A Few Coincidences to Clear Up.

Social Media 145

Social Media Copyright Infringement Copyright Copying 145

SpicyIP

SEPTEMBER 30, 2024

Reportedly, these compositions were shared in 2022 with Raj Ranjodh through audio-video calls and messages, intended for a collaborative project that ultimately did not materialize. What lies Ahead: Anticipating the Court’s Proceedings The first step to prove copyright infringement is to establish copyright ownership.

Copyright 85

Copyright Copyright Infringement Music Ownership 85

The IPKat

JANUARY 23, 2022

In a decision dated January 14, 2022, the EUIPO Opposition Division found that there was no likelihood of confusion between the conflicting marks and that Louis Vuitton had also failed to prove the reputation of its opposing marks. MARQUES has provided further insight and commentary on this announcement. Is overblocking real? Crabtree v.

Blogging 83

Blogging IP Copyright Reporting 83

Kluwer Copyright Blog

SEPTEMBER 28, 2022

© Simon Geiregat 2022. In relation to objects subject to ownership, like tangible items, such an entitlement to revindicate ( rei vindicatio ) is commonly guaranteed as one of the prerogatives of the owner. By contrast, digital data are, as such, not undisputedly considered to be subjectable to ownership rights.

IP 93

IP Contracts Social Media Copying 93

Kluwer Copyright Blog

DECEMBER 5, 2022

When the said sensor recognizes it is in front of the Ara Pacis, it gives the order to copy the colored reproductions of some parts of the Ara Pacis, stored in a cloud-based database, and display them on the screen of the goggles. Thus, ownership of such rights is crucial for exploitation purposes. 2022, 618ff. by Edward J.

Copyright 102

Copyright Public Domain Art Moral Rights 102

Technology & Marketing Law Blog

MARCH 15, 2022

Chen , 2022 WL 742429 (N.D. March 11, 2022). Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. Case citation : The Sunny Factory, LLC v. Prior Posts on Section 512(f). Another 512(f) Claim Fails–Moonbug v. Babybus. *

Copyright 134

Copyright Fair Use Cease and Desist Litigation 134

The IPKat

MAY 5, 2023

At the Federal High Court Ann Njemanze filed an application for trade mark registration of DOMITILA sometime in 2022 and was issued with a notice of ‘acknowledgement’ and ‘acceptance’ of application. not confer trade mark or copyright ownership of the work on such actor. Negotiation fails. Enter trade mark wahala issues.

Registration 121

Registration Ownership Copyright Trademark 121

TorrentFreak

DECEMBER 4, 2023

In July 2022, Tellidua filed an application for CMS to be struck off the register of companies and on October 25, 2022, official records in the UK reported that the company had been dissolved. For their part, the defendants view the situation quite differently. ” The lawsuit filed last week suggests consensus was elusive.

Settlement 121

Settlement Reporting Intellectual Property Contracts 121

Technology & Marketing Law Blog

MAY 15, 2024

2022), the Ninth Circuit agreed with my view (and cited my amicus brief), expressly rejecting a three-year limit on recovery of damages in cases in which the discovery rule applies. One Music Specialist work (“Jam the Box”) was interpolated into Flo Rida’s hit song “In the Ayer,” which sold millions of copies and reached No.

Music 105

Music Blogging Copyright Ownership 105

IPilogue

OCTOBER 31, 2022

However, it can take a lot of resources to add watermarks to each copy of a file or printed product and then detect them once more. The removal of perfectly lawful content can also be a problem if someone makes erroneous or abusive claims of ownership over it.

Technology 110

Technology IP Intellectual Property Copyright 110

Kluwer Copyright Blog

NOVEMBER 16, 2023

In a judgement of 1 September 2022 , the ECtHR scrutinized the text of exceptions in national copyright legislation and unanimously considered that the Azerbaijani judiciary failed to provide sufficient reasons to apply either statutory exceptions or the exhaustion doctrine to the unconsented online publication.

Copyright 89

Copyright Copying Copyright Law Publishing 89

Olartemoure Blog

SEPTEMBER 27, 2022

The virtual universe Decentraland hosted in March 2022, the first Metaverse Fashion Week which was a success, as it featured more than 70 brands, artists and designers. As a result, the brands are becoming more vulnerable of being copied and exploited by others. All industries are starting to grasp this and are getting involved in it.

Branding 98

Branding Brands Branding Non-Fungible Tokens 98

Technology & Marketing Law Blog

AUGUST 18, 2022

2022 WL 3418643 (11th Cir. Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. 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.

Fair Use 122

Fair Use Cease and Desist Copyright Blogging 122

Technology & Marketing Law Blog

MARCH 29, 2023

Michael Flores, representing himself, filed a claim for misrepresentation under Section 512(f) on June 28, 2022, twelve days after the CCB began. Flores sent a DMCA 512(g) counter-notice on June 27, 2022, and filed with the CCB the next day. The respondent did not opt out and the opt out period ended on October 24, 2022.

Blogging 105

Blogging Fair Use Copyright Copyright Notice 105

43(B)log

JANUARY 17, 2023

2022 WL 18278580, No. 22, 2022) Interesting Dastar case thrown up by Westlaw. As part of preliminary discussions with Vubiquity about a distribution agreement for iTunes, LW provided master copies of all 60 episodes, but no agreement was ever reached. Copyright ownership information is CMI. Livn Worldwide Ltd.

False Advertising 59

False Advertising Ownership Copyright Copying 59

The IPKat

JANUARY 13, 2022

By using asymmetric cryptography it is secured that only the owner can transfer the access rights and that the access rights cannot be copied.) The advantage of using standardized tokens with a sufficiently distributed blockchain is the possibility to digitally display ownership of IP in a secure, transparent and immutable manner.

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

Trading Secrets

JANUARY 5, 2023

Seyfarth’s Trade Secrets, Computer Fraud & Non-Competes practice group is pleased to provide the 2022-2023 edition of our 50 State Desktop Reference, which surveys the most-asked questions related to restrictive covenants and trade secrets in all 50 states, plus the District of Columbia. Request a copy here.

Intellectual Property 98

Intellectual Property Business Publishing Editing 98