Technology & Marketing Law Blog

JANUARY 21, 2024

My SAD Scheme paper provided some data indicating that 88% of SAD Scheme cases involved trademarks, with only 6% each in copyright and patents. There are no allegations suggesting the claims against each separate Defendant arise out of the same transaction or occurrence; rather, they allege separate acts of copyright infringement.

Copyright 78

Copyright Design Patent Trademark Designs 78

43(B)log

APRIL 29, 2024

2024 WL 1772833, No. 23, 2024) Skipping the copyright and trade secrets part of the case. (In In brief: Meishe argued that Tiktok copied its code via an employee who departed. Beijing Meishe Network Technology Co. Tiktok Inc., 23-cv-06012-SI (N.D.

False Advertising 57

False Advertising Intellectual Property Copyright Notice Advertising 57

The IPKat

DECEMBER 1, 2023

As always, readers can vote for books in five categories: Patents, Copyright (including related rights and performers’ rights), Trade Marks (including Geographical Indications), Designs and Intellectual Property (any book that covers more than one type of IP).

Social Media 117

Social Media Intellectual Property Intellectual Property Law Related Rights 117

The IP Law Blog

MARCH 14, 2024

In 2023, several authors, including the comedian Sarah Silverman, filed putative class action lawsuits alleging various copyright infringement claims. The OpenAI defendants moved to dismiss all causes of action alleged by the author plaintiffs with the exception of the first cause of action for direct copyright infringement. (It

Derivative Work 112

Derivative Work Copying Copyright Infringement Copyright 112

The IPKat

DECEMBER 28, 2023

Votes must be made via email before 15th January 2024 as per the instructions below. Readers are reminded that they can vote for their favourite intellectual property law books of 2023 in the annual IPKat Book of the Year Awards!

Social Media 56

Social Media Intellectual Property Intellectual Property Law Related Rights 56

Kluwer Copyright Blog

OCTOBER 30, 2023

Copyright infringement – Copyright subsists in the Lidl logo and this was copied by Tesco in creating their Clubcard Price(s) signs. On copyright subsistence, the judge held that the Mark with Text is an artistic work, failing within the sub-category of “graphic works”. Tesco denied copyright subsisted in either.

Copyright 58

Copyright Copying Branding Brands 58

Copyright Lately

JANUARY 23, 2024

A federal jury is set to decide whether celebrity tattoo artist Kat Von D infringed photographer Jeff Sedlik’s copyright in a Miles Davis portrait by tattooing the image onto her client’s body. A first-of-its-kind copyright infringement trial is scheduled to begin today in Los Angeles. The Good, the Bad and the.

Social Media 139

Social Media Fair Use Copyright Infringement Copying 139

SpicyIP

MAY 13, 2024

Case Summaries The Indian Hotels Company Limited vs Shivgyan Developers Private Limited on 3 May, 2024 (Delhi High Court) The plaintiff, registered proprietor of marks ‘Vivanta’ and ‘Vivanta by Taj’, filed a suit against the use of the defendant’s unregistered mark ‘Vivanta’. The post will surely be of interest to TM prosecution attorneys.

Copyright Infringement 59

Copyright Infringement Copyright Copyright Notice Trademark 59

TorrentFreak

JUNE 14, 2024

We own the exclusive copyright to Irdeto.com and its related assets,” the notice begins. Responding to GitHub’s request to identify the original copyrighted work that had allegedly been infringed, Irdeto pointed towards its own website. Registered on January, 28, 2024, Irdeto.fr seems like an image of openness.

Copyright 89

Copyright Privacy Reporting Copying 89

The IPKat

MARCH 12, 2024

This edited collection addresses the relationship between sustainability and the different IP “ecosystems”, including patents, trade marks, copyright, and unfair competition law. The book can be purchased here with a special discount until 7 April 2024.

Graphic Design 56

Graphic Design Editing Designs Design 56

SpicyIP

JANUARY 1, 2024

The Assistant Controller of Patents and Designs – A Reasoned Judgement or Inherently Contradictory? The Court found that while some themes in the film were similar to those in the script, such themes or ideas cannot be protected by copyright and that the standard of ‘substantial copying’ had not been established in the present case.

Intellectual Property 105

Intellectual Property IP Licensing Copyright 105

Plagiarism Today

JANUARY 5, 2022

Winnie-the-Pooh is likely the most culturally relevant character to enter the public domain since 2019, when works started entering the public domain again in the United States due to the Sonny Bono Copyright Term Extension Act. What this means is that the Milne’s original Winnie-the-Pooh book is now free of copyright.

Public Domain 353

Public Domain Art Publishing Plagiarism 353

SpicyIP

MARCH 11, 2024

Case Summaries Therelek Machines Private Limited vs Therelek Engineers Private Limited on 28 February, 2024 (Karnataka High Court) The petitioner challenged the rejection of its interim application under Section 124 of the Trade Marks Act, seeking a stay in a suit for trademark infringement.

Trademark 59

Trademark Registration Copyright Patent 59

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.

Copying 77

Copying Artwork Designs Design 77

The TTABlog

MAY 29, 2024

97359799 (May 22, 2024) [not precedential] (Opinion by Judge Wendy B. Applicant made a number of additional arguments in an attempt to overcome the Office's evidfence, pointing to third-party references to A S LIVE FOREVER as a brand and to purported copying by infringers. Text Copyright John L. Welch 2024.

Service Mark 113

Service Mark Branding Brands Branding 113

SpicyIP

MARCH 25, 2024

In light of the recent Patent (Amendment) Rules, 2024, we are pleased to bring this post by Prashant Reddy T., M/S Asm Traders & Ors on 18 March 2024 (Delhi High Court ) The case centers on trademark infringement and passing off allegations brought by the Plaintiffs against the Defendants. Baxalta Incorporated v.

Trademark 52

Trademark Patent Copyright Confidentiality 52

The TTABlog

JANUARY 19, 2024

97069982 (January 16, 2024) [not precedential] (Opinion by Judge David K. Loops stated that its sales were mostly to institutional or correctional facilities, since the floss loops are “designed to prevent alternate use as a ligature and sold mostly to prison systems.” Text Copyright John L. Welch 2024.

Registration 64

Registration Copying Designs Design 64

LexBlog IP

FEBRUARY 15, 2024

This week saw yet another California federal court dismiss copyright and related claims arising out of the training and output of a generative AI model in Tremblay v. 2] OpenAI moved to dismiss all claims against it, save the claim for direct copyright infringement, and the court largely sided with OpenAI.

Copyright Infringement 52

Copyright Infringement Derivative Work Copyright Copyright Notice 52

Kluwer Copyright Blog

MARCH 19, 2024

Indeed, in a world where “ nothing is lost, nothing is created, everything is transformed “, it is a rather daunting exercise for any court to draw the line between inspiration and imitation in copyrighted works, let alone in copyrighted art works.

Art 55

Art Plagiarism Artwork Graphic Design 55

Kluwer Copyright Blog

MARCH 19, 2024

Indeed, in a world where “ nothing is lost, nothing is created, everything is transformed “, it is a rather daunting exercise for any court to draw the line between inspiration and imitation in copyrighted works, let alone in copyrighted art works.

Art 52

Art Plagiarism Artwork Graphic Design 52

LexBlog IP

MARCH 14, 2024

In 2023, several authors, including the comedian Sarah Silverman, filed putative class action lawsuits alleging various copyright infringement claims. The OpenAI defendants moved to dismiss all causes of action alleged by the author plaintiffs with the exception of the first cause of action for direct copyright infringement. (It

Derivative Work 52

Derivative Work Copying Copyright Infringement Copyright 52

IPilogue

JANUARY 17, 2022

Photo from Cooper Hewitt , Smithsonian Design Museum, 1926. January 1 st marks the expiration of most jurisdictions’ copyright terms. The previously copyrighted works enter the public domain, free to use and copy. Canada currently maintains a shorter copyright term than the U.S, In contrast, copyright in the U.S.

Public Domain 106

Public Domain Intellectual Property Copyright Social Media 106

TorrentFreak

MARCH 4, 2024

LibGen Hoping for a better outcome, textbook publishers Cengage, Bedford, Macmillan Learning, McGraw Hill, and Pearson Education filed a similar copyright infringement lawsuit against LibGen last year. According to the plaintiffs, LibGen is responsible for “staggering” levels of copyright infringement.

Publishing 99

Publishing Social Media Copyright Infringement Copyright 99

The TTABlog

JANUARY 8, 2024

The TTAB has re-designated as precedential its September 2022 opinion in this cancellation proceeding. 92064830 (September 6, 2022) [re-designated as precedential, January 4, 2024] (Opinion by Judge Frances S. He sold copies of comic books featuring the character and displayed the comic books at a comic convention.

Registration 70

Registration Trademark Social Media Designs 70

TorrentFreak

MARCH 11, 2024

. “The understanding is that there would be an overlap in responsibilities with the National Telecommunications Agency (ANATEL),” ANCINE explained, adding that it would be combating copyright violations of Brazilian works on digital platforms instead.

Cinema 83

Cinema Reporting Copyright Government 83

The IPKat

MARCH 24, 2024

In addition to being works of scientific achievement, many luxury timepieces are artistic wonders with innovative designs, like some of the reportedly 100 000 (!) Brands like Rolex, Patek Philippe and Audemars Piguet hold rich trade mark and design portfolios and enforce their rights vigorously.

IP 67

IP Marketing Marketing Reporting 67

Technology & Marketing Law Blog

FEBRUARY 12, 2024

Larry Philpot is a repeat copyright plaintiff. The court says it’s the product of creative choices, so it’s entitled to “thick” copyright protection. From my view, a photo of a real-time event never should be given “thick” copyright protection. One sign is listening to Ted Nugent. (I

Fair Use 90

Fair Use Licensing Copyright Marketing 90

LexBlog IP

FEBRUARY 29, 2024

January 1, 2024, brought numerous hangovers along with an unprecedented amount of media attention to intellectual property law. Freed from the shackles of copyright, Walt Disney’s iconic rodent was now in the public domain and, therefore, available for everyone to copy. Copyright terms have been on a steady upward march.

Public Domain 52

Public Domain Intellectual Property Copyright Trademark 52

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. 26, 2023, 11:00 AM), [link].

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

Kluwer Copyright Blog

APRIL 17, 2023

Copyright, contract, and the rewards for UGC ’ and is based on the findings of the You Can Play project. This GNU/Creative Commons-esque licence permitted users and third parties to modify, copy, and distribute certain game content from the various worlds of D&D. When does a ‘creative work’ become ‘user generated content’ (UGC)?

Editing 55

Editing Contracts Publishing Copyright 55

Copyright Lately

DECEMBER 24, 2023

Thousands will compete, many are objectively baseless, but only five can be crowned the worst of the worst copyright lawsuits of 2023. We’re nearing the end of December, which means it’s time for Copyright Lately ’s annual worst-of list. When Netflix refused to pay up, Cramer sued for copyright infringement.

Copyright 104

Copyright Copyright Infringement Music Fair Use 104

SpicyIP

NOVEMBER 26, 2023

Considering section 124, the court clarified that in such a case where rectification and an infringement suit are filed against the impugned mark, the rectification petition has to be decided first, before proceeding with the trial of the suit and listed the rectification for hearing on January 9, 2024. Eicore Technologies Pvt.

Trademark 59

Trademark Registration Invention Social Media 59

SpicyIP

MAY 20, 2024

Highlights of the Week Announcing the 2024 Shamnad Basheer Essay Competition on Intellectual Property Law Prof (Dr.) Shamnad Basheer’s 48th birth anniversary today, we are excited to announce the 2024 Shamnad Basheer Essay Competition on IP Law! Drop a comment below to let us know. On the occasion of Prof. Read on to know more.

Trademark 45

Trademark Advertising Advertising Copyright 45

SpicyIP

FEBRUARY 12, 2024

Comments on the Proposed Trademarks (1st Amendment) Rules, 2024 The recently proposed Trademark Rules amendments were open for comments in a period ending today. Image from here A SARAL Analysis of the Proposed Trade Marks (1st Amendment) Rules, 2024 Just Keep it Simple! Well, it appears the courts think most consumers would.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

43(B)log

APRIL 29, 2024

Kitchen Cube LLC, 2024 WL 1829620, No. 17, 2024) Leszczynski invented a measuring cube that combines various measuring volumes into a single cubical structure. He posted the Cube design and 3D print files on Thingiverse.com, the largest site for 3D print objects. Thingiverse cube Kitchen Cube made and sold copies of the Cube.

False Advertising 57

False Advertising Advertising Advertising Copyright Infringement 57

SpicyIP

MAY 6, 2024

The MHC in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs clarified the role of the ‘person skilled in the art’ (PSITA) in determining non-obviousness. Read on for Shivam Kaushik’s take on this judgment. Case Summaries Rich Products Corporation vs The Controller Of Patents & Anr. Bulgari S.P.A

Trademark 59

Trademark Invention Licensing Patent 59

The TTABlog

MARCH 28, 2024

88935220 (March 26, 2024) [not precedential] (Opinion by Judge Wendy B. The Board noted that more than 50 of the pairs include marks that differ by additional wording, design or stylization features that distinguish the marks. Text Copyright John L. Welch 2024. How do you think this appeal came out?

Registration 60

Registration Copying Trademark Branding 60