Technology & Marketing Law Blog

APRIL 1, 2023

Maritas, 2023 WL 2726030 (E.D. March 30, 2023) * * * BONUS 1: Edelmania Productions, LLC v. Jordan Service, 2023 WL 424238 (C.D. 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.

Fair Use 104

Fair Use Cease and Desist Contracts Ownership 104

Kluwer Copyright Blog

MAY 30, 2024

However, copyright protection may unexpectedly clash with this sustainable practice, as certain upcycled items could include copyrighted prints, ornaments, or design patterns from the original materials, such as new clothing items made out of old bed sheets, curtains, or tablecloths , or jewellery made from broken porcelain.

Copyright 113

Copyright Copyright Law Business Intellectual Property 113

TorrentFreak

JULY 13, 2023

Pirate site brands, including 123movies, Putlocker, Kisscartoon, 123movieshub, and GoMovies, were suddenly recognized all over the world, despite in many cases having been copied from ‘pirate’ brands already in existence. “Do not worry, all the data will remain the same, the old staff will keep supporting the server.”

Branding 82

Branding Brands Branding Registration 82

The IPKat

APRIL 19, 2023

Ownership of every name periodically expires and, at that point, anyone may freely claim it on Namecoin by re-registering the expired name. Finally, on 17 March 2023, Judge Cott issued his decision, dismissing Free Holdings’s complaint. Judge Cott touched upon the question regarding the legal nature of an NFT. are applicable to it.

Non-Fungible Tokens 120

Non-Fungible Tokens Artwork Contracts Art 120

SpicyIP

NOVEMBER 20, 2023

However, historically, the Act had no provisions to put in place any mechanism of sorts to deal with infringing copies of film being exhibited or distributed. It was only in 2023 that the Parliament enacted the Cinematograph (Amendment) Act, 2023 ( here ) which inserted Sec. 6AA and 6AB to the original Act.

Copyright Infringement 64

Copyright Infringement Copyright Art Copying 64

The IPKat

MAY 12, 2023

The UK proceedings meanwhile were commenced in September 2019 alleging that Mr Aughton copied or otherwise made use of the PQ software ProSPC when he wrote InSPC v1 and v2 (either by use of automatic translation software, or manually, or a combination of the two). If the code is dictated by technical function (i.e.

Copyright Infringement 65

Copyright Infringement Copyright Confidentiality Copying 65

43(B)log

JULY 3, 2023

16-6576 (KM) (MAH), 2023 WL 4200169, -- F. 27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. And the copying here could also lead to an inference of deception. Latinfood U.S.

False Advertising 59

False Advertising Advertising Advertising Registration 59

Copyright Lately

MAY 1, 2023

Within just over a month, a raft of barely-underground Discord servers like AI Hub have popped up to provide users with access to software—and step-by-step instructions—for creating new songs using hundreds of community-made AI models designed to mimic specific artists’ voices. year over year to $2.71

Music 84

Music Copyright Copying Copyright Law 84

Trading Secrets

JANUARY 5, 2023

Thus, non-disclosure, non-solicitation and other covenants designed to protect employers from unfair competition may also be prohibited by the FTC’s proposed rule. Request a copy here. The 60-day comment period provides an important opportunity for stakeholders to voice concerns about the FTC’s proposed rule.

Intellectual Property 98

Intellectual Property Business Publishing Editing 98

Trading Secrets

JANUARY 5, 2023

Thus, non-disclosure, non-solicitation and other covenants designed to protect employers from unfair competition may also be prohibited by the FTC’s proposed rule. Request a copy here. The 60-day comment period provides an important opportunity for stakeholders to voice concerns about the FTC’s proposed rule.

Intellectual Property 98

Intellectual Property Business Publishing Editing 98

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. Zafar Mahfooz Nomani, 2023).

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Technology & Marketing Law Blog

APRIL 29, 2023

April 21, 2023) Prior Posts on Section 512(f) * You’re a Fool if You Think You Can Win a 512(f) Case–Security Police and Fire Professionals v. Day to Day Imports * Satirical Depiction in YouTube Video Gets Rough Treatment in Court * 512(f) Preempts Tortious Interference Claim–Copy Me That v. Never has, never will. Alper Automotive v.

Fair Use 99

Fair Use Cease and Desist Copyright Trademark 99

LexBlog IP

JANUARY 5, 2023

” Thus, non-disclosure, non-solicitation and other covenants designed to protect employers from unfair competition may also be prohibited by the FTC’s proposed rule. Request a copy here. The 60-day comment period provides an important opportunity for stakeholders to voice concerns about the FTC’s proposed rule.

Intellectual Property 52

Intellectual Property Business Publishing Editing 52

The IPKat

APRIL 25, 2024

This post further explores the argument that the outputs of generative AI tools are unprotected in the UK, despite the language in section 9(3) of the Copyright, Designs and Patents Act 1988 UK (CDPA) relating to computer-generated works.

Contracts 74

Contracts Artistic Work Copyright Copyright Law 74

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”. What is AI image generation software?

Litigation 143

Litigation Copying Copyright Designs 143

43(B)log

MARCH 31, 2023

Lerner, 2023 WL 2664341, No. 28, 2023) Darger “was an artist who died in obscurity but whose work received significant posthumous acclaim.” 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.”

Ownership 59

Ownership Art Copyright Registering Trademarks 59

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We have also included a list of other notable IP developments of 2023. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. A special thanks to Mr. G.

IP 112

IP Copyright Trademark Intellectual Property 112

Technology & Marketing Law Blog

JUNE 17, 2023

According to the complaint, these separate entities are just one big data-sharing family, leveraging their combined resources in non-standard ways such as Microsoft sharing hardware and cloud infrastructure resources in exchange for an ownership interest in OpenAI. 2023 WL 3449131 at *1 (N.D. May 11, 2023). Complaint at 31.

Blogging 129

Blogging Licensing Privacy Copyright Notice 129

IIPRD

FEBRUARY 8, 2024

IP owners can restrict unauthorised access or exposure of sensitive information, such as product designs, by encrypting data at the file level i.e., it is invariably encrypted from prior to reaching the cloud to after leaving it. It is designed as an Infrastructure as a Service (IaaS) platform. link] (Accessed: 29 October 2023).

Intellectual Property 52

Intellectual Property IP Government Technology 52

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 9, 2022

PDF copy available. Indeed, the Max Sound saga discussed above is a prime example of the muddy waters that surround patent ownership and financial interests. Thus, in line with Stanford’s analysis, we designated categories 1, 5, and 12 as NPE, category 9 as Individual, and category 8 as Operating/Practicing. [8]

Patent 52

Patent Litigation Patent Infringement Inventor 52

SpicyIP

NOVEMBER 16, 2023

Hulm Entertainment alleged Fantasy Sports had substantially copied its ‘original trading and stock features’ along with the graphical user interface (GUI) of their fantasy sports mobile application “Exchange22”. However, the current case discusses the protection of GUIs under the Copyright Act.

Copyright 59

Copyright Marketing Marketing Copying 59

Technology & Marketing Law Blog

MARCH 29, 2023

Mitrakos, 22-CCB-0035 , February 15, 2023, and Oppenheimer v. Prutton, 22-CCB-0045 , February 28, 2023. The respondent did not respond then, and the CCB sent a notice on January 11, 2023. Six days later, on June 17, 2023, the Respondent filed a response: In other words, the respondent acquiesced to the complainant’s requests.

Blogging 97

Blogging Fair Use Copyright Copyright Notice 97

Kluwer Copyright Blog

MAY 9, 2023

The biggest copyright law question in the EU and US is probably whether using in-copyright works to train generative AI models is copyright infringement or falls under the transient and temporary copying and TDM exceptions (in the EU) or fair use (in the US).

Copyright 134

Copyright Copyright Law Fair Use Law 134

SpicyIP

FEBRUARY 12, 2024

Other Posts A Case of ‘Smart Copying’: ‘Peace Maker’ Restrained from Imitating ‘Officer’s Choice’ image from here Do you enjoy your whiskey? Plausibility’ and Admissibility of Post-Published Data in India In May 2023, the UK Court of Appeal upheld the invalidity of Bristol-Myers Squibb’s Apaxiban patent for lacking “plausibility”.

Trademark 80

Trademark Social Media Registering Trademarks Copyright 80

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. Note that FDA still has not designated any biosimilar as interchangeable to its reference product. No earlier than July 31, 2023 per settlement. No earlier than November 20, 2023 per settlement. . Introduction.

Litigation 52

Litigation Settlement Marketing Marketing 52

SpicyIP

MAY 20, 2024

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. Read on to know more. What’s in a Name? Read on to know more.

Trademark 45

Trademark Advertising Advertising Copyright 45

SpicyIP

NOVEMBER 21, 2022

while also acknowledging the pending applications for change of ownership. It is worth noting that the above order was passed, despite the Defendant’s plea that it has not received any copy of the Plaint and other documents. Controller General of Patents Designs and Trade Marks launches IPO Grievance Portal.

IP 74

IP Cease and Desist Patent Music 74

IIPRD

JUNE 8, 2024

Abstract In the dynamic realm of the fashion industry, the saying ‘following in someone’s footsteps’ takes on a new dimension, where the replication of designs is not a mere stride but a strategic dance. At this stage, it is pertinent to mention the difference between a knockoff [1] and a counterfeit [2].

Intellectual Property 52

Intellectual Property Designs Design Branding 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Third, is Trump’s claim of ownership barred by 17 U.S.C. A work is fixed in either a “copy” or a “phonorecord.” “Phonorecords” are defined as material objects in which only sounds are fixed, while “copies” are defined as material objects in which any other kind of work is fixed. [ 17 U.S.C. Simon & Schuster, Inc.

Copyright 121

Copyright Blogging Publishing Fair Use 121