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.

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Copyright Design Patent Trademark Designs 78

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 Sedlik v.

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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.

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Copyright Infringement Copyright Copyright Notice Trademark 59

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

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Derivative Work Copying Copyright Infringement Copyright 112

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.

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Intellectual Property IP Licensing Copyright 105

Corsearch

MARCH 13, 2023

The copyright for one of the first depictions of Mickey Mouse will expire in 2024. Copyright © Walt Disney Animation Studios Interestingly, Mickey started as a character known as “Oswald the Lucky Rabbit”. Looking at the clip of Oswald below, you can clearly see elements of the character in Mickey’s modern design.

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Public Domain Trademark Copyright Registering Trademarks 52

The IPKat

MARCH 4, 2024

by Spyridon Sipetas Le sac Swoosh - Instagram (@Jacquemus) On February 26, Jacquemus and Nike revealed their latest collaborative piece, ‘Le sac Swoosh’ (or ‘The Swoosh bag’), teasing their upcoming Spring/Summer 2024 collection, in the context of their partnership, dating back to 2022.

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Copying Branding Brands Branding 102

The IPKat

MAY 20, 2024

Comments are due by 29 June 2024. Copyright and Designs Kevin Bercimuelle-Chamot discussed the recent judgment of the Tribunal judiciaire of Lyon. Details here. This Kat reported on the progress of the WIPO Diplomatic Conference on Genetic Resources and Associated Traditional Knowledge, which runs from 13 to 24 May.

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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. 12, 2024) (Dkt.

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Copyright Infringement Derivative Work Copyright Copyright Notice 52

Kluwer Copyright Blog

OCTOBER 30, 2023

Trade mark infringement – Lidl’s trade mark for the Lidl logo was infringed by Tesco’s Clubcard Price(s) signs, which took unfair advantage of Lidl’s reputation for low prices and damaged the distinctive character of Lidl’s logo. These are currently expected to be heard by September / October of 2024.

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Copyright Copying Branding Brands 58

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.

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Publishing Social Media Copyright Infringement Copyright 99

SpicyIP

MARCH 25, 2024

In light of the recent Patent (Amendment) Rules, 2024, we are pleased to bring this post by Prashant Reddy T., Hardik Mukeshbhai Pansheriya and Ors, Mathews shares his thoughts on safeguards intermediaries can employ to preclude trademark infringements. The case is set to be re-notified on July 12, 2024, for further proceedings.

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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.

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The IPKat

JULY 21, 2023

Metaverse Kat The EC’s strategy is centred around four pillars: Empowering people and reinforcing skills – the EC is seeking to develop guidance for the general public by Q1 2024; Business: supporting a European Web 4.0 If doing so constitutes copyright infringement, the full destruction of the infringing NFTs may be difficult.

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Moral Rights Copyright Infringement Designs Design 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.

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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.

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Art Plagiarism Artwork Graphic Design 52

Kluwer Copyright Blog

JUNE 2, 2024

Photo by Jonathan Kemper on Unsplash On 7 May 2024, Open AI published its approach to data and AI (ADAI). In its second paragraph the statement makes strong allusions to copyright law – the term ‘copyright’ is used only once throughout the entire text.

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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

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Derivative Work Copying Copyright Infringement Copyright 52

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.

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Cinema Reporting Copyright Government 83

IPilogue

JANUARY 21, 2022

billion USD by 2024. It is accepted that the copyright (or the “exclusive legal right to produce, reproduce, publish or perform”) to the source code, maps, sound effects, and characters of a game is held by the game publisher. For example, can players enforce some kind of copyright or performer’s right in their gameplay?

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Publishing Intellectual Property IP Licensing 110

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. Around January 24, 2024, Boomer submitted a DMCA takedown notice to Roblox with the aim of removing Get Muscles Simulator from the platform.

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Copying Artwork Designs Design 77

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. The e-platforms themselves might need to copyright their interface and service if the same is endangered [7]. 26, 2023, 11:00 AM), [link]. 5] Kirsty Phillips et al.,

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Intellectual Property Due Diligence Journalism IP 59

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.

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Copyright Copyright Infringement Music Fair Use 104

SpicyIP

JANUARY 30, 2024

In a significant order, delivered on 24 January 2024 by the Bombay High Court in Novex Communications Pvt Ltd. For some context: After the Copyright (Amendment) Act, 2012, it was understood that the right to collect royalties can only be assigned to a Copyright Society, under Section 34 (1)(a) (for instance see here ).

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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

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. Leszczynski v. 8-23-cv-01698-MEMF-ADS (C.D.

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False Advertising Advertising Advertising Copyright Infringement 57

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.

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Trademark Advertising Advertising Copyright 45

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

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Trademark Invention Licensing Patent 59

SpicyIP

FEBRUARY 26, 2024

Controller of Patents and Designs made some interesting observations on this issue. on 14 February 2024 (Delhi High Court) The petitioner sought the removal of the respondent’s mark ‘CLOVER,’ registered in Class 9. The MHC in Novozymes v. Legislative Oversight? Read Yogesh’s take on this decision to know more.

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Trademark Copyright Registration Designs 59

SpicyIP

FEBRUARY 5, 2024

Highlights of the Week Comments on the Proposed Patent (2nd Amendment) Rules, 2024 In addition to the typos and ambiguity regarding the timelines, the Draft Patent (2nd Amendment) Rules, 2024, inter alia, suffer from limited scope and require clarity on the qualification of the designated officers. media coverage! Marico Ltd. &

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Trademark Settlement Licensing Copyright Infringement 59

SpicyIP

OCTOBER 23, 2023

held that instituting a subsequent copyright infringement suit will render a suit against the groundless threats of legal proceedings u/s 60 infructous. However, the High Court seemingly missed taking into account a key detail that the relevant copyright infringement suit was disposed of in 2015. 20,00,000 plus GST.

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Designs Design Music IP 52

SpicyIP

DECEMBER 24, 2023

From an in-depth discussion on the terms of copyright and translations in India to the recent UK Supreme Court’s order regarding the patentability of inventions by an AI, we had some engaging posts on this blog this week. To read these, along with a round up of IP developments around the country, and world, read on below.

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Registration Trademark Copyright Registering Trademarks 52

Patently-O

MARCH 18, 2024

Specifically, the judge determined that the port boss slippage problem precluded the original prototype from being viable, and Mackay and Hewson’s design input, like the starburst grooves, helped solve that critical issue. Tube-Mac Indus., Campbell , No. 2022-2170 (Fed. 256 to correct inventorship on an issued patent. 663 (2014).

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SpicyIP

DECEMBER 12, 2022

Delhi High Court however permitted the Defendant to file these documents holding them essential to indicate Defendant’s assertion that the suit design lacks novelty, which it held to be one of the defences available in a patent infringement action. Copyright infringement claims in Kantara Vaha Roopam case dismissed.

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Copyright Infringement Settlement Registration Trademark 105

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Thus clarifying that copyright in the screenplay exists independently of the copyright in the film. HarperCollins Publishers India Pvt. the licensee. Warner Bros.

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IP Copyright Trademark Intellectual Property 124

TorrentFreak

OCTOBER 25, 2022

Warning of potential prosecutions for offenses under the Fraud Act 2006, Copyright Designs and Patents Act 1988, and even the Serious Crimes Act 2007, PIPCU suggests shutting down as an alternative. “The initial term of the contract shall run from the date of award (following this tender process) to 31 March 2024.

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Intellectual Property Advertising Advertising Contracts 115

SpicyIP

JUNE 17, 2024

Case Summaries Glenmark Pharmaceuticals Ltd vs Gleck Pharma Opc Pvt Ltd on 13 June, 2024 (Bombay High Court) The plaintiff approached the Bombay High Court seeking permanent injunction against the defendant’s use of “Xigamet”, which it alleged to be deceptively similar to its “Zitamet” mark. July 1, 2024. Read on to know more.

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