Erik K Pelton

SEPTEMBER 27, 2021

I recently co-wrote and article with Olivia Muller about the never ending threat of trademark scams. In the article we detail the scams and how they operate and what they look like, we discuss what is being done about them, and we propose some additional measures that could help defeat them. Published in Landslide , Vol.

Publishing 200

Publishing Trademark Business 200

IP Watchdog

APRIL 9, 2024

District Court for the Central District of California ruled on Friday that Shosh Yonay and Yuval Yonay, the widow and son of Ehud Yonay, who authored a 1983 magazine article that inspired the renowned film, Top Gun, were not entitled to damages for copyright infringement related to the 2022 sequel to the film.

Copyright Infringement 117

Copyright Infringement Publishing Copyright Litigation 117

IP Watchdog

APRIL 9, 2024

District Court for the Central District of California ruled on Friday that Shosh Yonay and Yuval Yonay, the widow and son, respectively, of Ehud Yonay, who authored a 1983 magazine article that inspired the renowned film, Top Gun, were not entitled to damages for copyright infringement related to the 2022 sequel to the film.

Copyright Infringement 98

Copyright Infringement Publishing Copyright Litigation 98

The IPKat

APRIL 26, 2022

Thirdly, according to Article 17 of the Directive, the liability of online content-sharing service providers for ensuring that certain content is unavailable can be incurred only on condition that the rightholders concerned provide them with the relevant and necessary information with regard to that content.

Intellectual Property 145

Intellectual Property Law Related Rights Copyright 145

TorrentFreak

JUNE 28, 2023

Sharing Pirated eBooks & Paywalled Articles Asgaard announced its closure in mid-December 2020 but that didn’t stop at least one of the site’s staff spending Christmas in prison. Around 85 of the articles were obtained from a paywalled service operated by Danish tabloid Ekstra Bladet. But that wasn’t all.

Reporting 128

Reporting Advertising Advertising Copying 128

JD Supra Law

JUNE 26, 2024

District Court for the Western District of Texas that dismissed a patent infringement claim for lack of constitutional standing under Article III. Court of Appeals for the Federal Circuit reversed a ruling from the U.S.

Patent 63

Patent Patent Infringement 63

TorrentFreak

JANUARY 5, 2024

On January 1, 2024, TorrentFreak published a review of the wrongful DMCA notices filed against us in 2023, either directly via email or at Google demanding deindexing of our articles. Both articles reported positive news related to Plex, based on information released to the media by Plex itself.

Publishing 93

Publishing Copyright Infringement Reporting Copyright 93

Technology & Marketing Law Blog

MARCH 14, 2023

This case involves an article that allegedly defamed Dr. Janet Monge. Dr. Deborah Thomas, a Penn professor, forwarded the article to an email list run by the American Black Anthropologists. It’s also unclear if Dr. Thomas’ email linked to the article or included its full text. Thomas successfully invoked Section 230.

Blogging 119

Blogging Marketing Marketing Technology 119

TorrentFreak

AUGUST 22, 2021

At TorrentFreak, we have written hundreds of articles about dubious takedown notices. That includes TorrentFreak, as one of our news articles was reported as well. The news article in question covers legal developments in the lawsuit against Blu-Ray ripping software DVDFab, which dates back five years ago.

Music 144

Music Copyright Copying Publishing 144

The IPKat

APRIL 22, 2024

Background Article 157(4)(l) of the EU Trade Mark Regulation (EUTMR) provides that one of the functions of the Executive Director is to refer questions on points of law to the Grand Board in order to ensure the uniform application of the EUTMR.

Registration 64

Registration Journalism Intellectual Property Editing 64

43(B)log

JANUARY 25, 2024

Despite the tiers of regulation in the DSA, and very much in its copyright-specific companion Article 17, it’s evident that the broad contours of the new rules were written with insufficient attention to variation. It uses size-based tiers to delineate the different levels of obligation imposed on various services.

Copyright 76

Copyright 76

The IPKat

APRIL 26, 2022

Like the AG, it held that Article 17 is a new liability regime (“ nouveau régime de responsabilité ”: para 20), whose various parts form a unicum whole. As such, it would not be possible to annul Article 17 in part: it should be either annulled as whole or not at all.

Technology 141

Technology Law Copyright Copyright Infringement 141

IP Watchdog

MAY 2, 2024

In so doing, the Federal Circuit found that Article III standing was not extinguished by the plaintiff’s default on a patent security agreement that granted a secured third party the right to assign the patents at issue in the appeal. Zebra Technologies Corp.

Patent 62

Patent Patent Infringement Technology Licensing 62

Technology & Marketing Law Blog

NOVEMBER 28, 2023

I’m pleased to share the final published version of my article, “ A SAD Scheme of Abusive Intellectual Property Litigation.” ” The article explains how IP rightsowners are twisting the rule of law to obtain ex parte TROs that prompt online marketplaces to freeze the defendants’ cash and accounts.

Publishing 69

Publishing Intellectual Property Litigation IP 69

Technology & Marketing Law Blog

APRIL 11, 2023

I’ve posted a new 5,000 word article, The United States’ Approach to “Platform” Regulation. The post New Article: “The United States’ Approach to ‘Platform’ Regulation” appeared first on Technology & Marketing Law Blog. It highlights three key features of U.S. It also discusses U.S.

Blogging 82

Blogging Government Law Publishing 82

The IPKat

NOVEMBER 9, 2021

Let’s look at the proposed Chapter 6(b) in the memorandum [unofficial translation by myself] and find out how it compares to its EU counterpart: Article 17 of the DSM Directive. Comparing Section 52(o) to Article 17 of the DSM Directive, the Directive appears more peremptory in tone and possibly content.

Government 137

Government Copyright Related Rights Law 137

IP Law 360

JANUARY 25, 2023

s copyright infringement suit accusing a prominent investment manager of unlawfully copying and distributing thousands of news articles from The Wall Street Journal be trimmed, saying the media company cannot claim statutory damages from each individual allegedly infringed article, among other things.

Journalism 74

Journalism Copyright Infringement Copying Copyright 74

IP Law 360

JUNE 10, 2022

A prominent investment manager is accused of illegally copying and distributing thousands of news articles from the Wall Street Journal and Barron's publications owned by Dow Jones & Co., according to a copyright lawsuit filed Friday in Texas federal court.

Journalism 98

Journalism Copying Copyright 98

The IPKat

SEPTEMBER 17, 2023

The IPKat has received and is pleased to host this guest contribution by Lokesh Vyas (upcoming doctoral candidate at Sciences Po, Paris), exploring the potential of Article 17 of the Berne Convention. Here’s what Lokesh writes: Interpreting Article 17 of the Berne Convention: An unexplored emergency provision in international copyright law?

Copyright Law 80

Copyright Law Copyright Law Intellectual Property 80

Velocity of Content

SEPTEMBER 14, 2022

Here are the three primary challenges we hear when companies build a collection of articles (or “corpus”) for their text mining projects, with tips to overcome them.?. Incomplete Information in Article Abstracts. The post Top 3 Challenges When Using Scientific Articles in AI & Machine Learning Projects?

Publishing 98

Publishing Licensing Journalism Business 98

Technology & Marketing Law Blog

AUGUST 31, 2021

One of the practices that has generated a sizeable number of disputes and rulings is the use of photos to illustrate articles. There is no shortage of articles being generated online, and often those content producers simply canvass the web to find a suitable photo. The article contained several of plaintiff’s photographs.

Fair Use 131

Fair Use Journalism Licensing Marketing 131

IP Law 360

DECEMBER 23, 2021

Popular legal industry guest articles this year included commentary on the admissibility of video depositions, an unusual U.S. Supreme Court citation, the perils of lawyer perfectionism, and more.

98

98

Velocity of Content

DECEMBER 15, 2021

I recently had a meeting with a pharmaceutical client who had purchased a digital link to an article. And that process doesn’t often involve digital articles. For many pharmaceutical companies, article reprints represent the primary way of disseminating information to educate physicians about their drug. and internationally.

Copying 98

Copying Journalism Publishing Copyright 98

TorrentFreak

DECEMBER 31, 2021

Every year we write hundreds of articles here at TorrentFreak, and some are more popular than others. On the brink of the new year, we look back at 2021 by going over the twelve most read news items of the last 12 months. All in all, it was quite a controversial year once again.

Fair Use 130

Fair Use Reporting Copyright IP 130

Michael Geist

DECEMBER 15, 2022

Rather than criticizing online news outlets, this time she targeted the Internet platforms, saying the bill would make it “ harder for big digital platforms like Facebook and Google to steal local journalists’ articles and repost them without credit.” . — Lisa Hepfner (@lisahepfner) December 14, 2022.

Government 136

Government Journalism Publishing Reporting 136

IP and Legal Filings

AUGUST 27, 2022

Section 171 of title 35 United States Code provides “whoever invents any new, original and ornamental design for an article of manufacture may obtain a patent thereof”. The office primarily considers the designs for computer-generated icons embodied in articles of manufacture as statutorily eligible for attaining a patent.

Design Patent 52

Design Patent Designs Design Technology 52

43(B)log

OCTOBER 4, 2022

Volume 14 of the William & Mary Business Law Review is currently accepting intellectual property law articles for its final issue, set to print in spring 2023. Authors may submit articles via Scholastica or email to wm.blr.articlesubmission@gmail.com , together with their curriculum vitae and cover letter (optional).

Business 82

Business Law Intellectual Property Law Journalism 82

The IPKat

DECEMBER 26, 2023

As readers may be aware, Articles 18-22 of the Directive (EU) 2019/790 (DSM Directive) [IPKat coverage here ] establish protective measures for authors and performers that license or transfer the exclusive economic rights over their works and performances to third parties for the purpose of exploitation.

Contracts 60

Contracts Designs Design Copyright Law 60

LexBlog IP

MARCH 13, 2023

Sneak peek: I've posted an article detailing an abusive IP enforcement scheme I call the "Schedule A Defendant" (SAD) Scheme [link] Warning: you are likely to be furious after reading this paper & seeing how easily trolls are gaming our judicial system — Eric Goldman (he/him) (@ericgoldman) March 8, 2023

IP 59

IP Intellectual Property Trademark 59

The IPKat

APRIL 1, 2024

Article 9(1) provides: " Any panel of the Court of Appeal shall sit in a multinational composition of five judges. 9(2) concerning decisions of the European Patent Office in carrying out the tasks referred to in Article 9 of Regulation (EU) No 1257/2012. However, this approach seems at odds with the principle enshrined in Art.

Art 64

Art Litigation Patent Law 64

43(B)log

OCTOBER 23, 2023

I review an interesting article here.

Copyright 57

Copyright 57

JD Supra Law

SEPTEMBER 28, 2023

Addressing a matter of first impression concerning the scope of prior art relevant to a design patent infringement analysis, the US Court of Appeals for the Federal Circuit concluded that “to qualify as comparison prior art, the prior-art design must be applied to the article of manufacture identified in the claim.” 21-2299; -2338 (Fed.

Design Patent 63

Design Patent Art Designs Design 63

43(B)log

JANUARY 16, 2024

Goldsmith, the Court upheld a ruling that Andy Warhol’s reworkings of Lynn Goldsmith’s photograph of the artist Prince into highly stylized silkscreens and drawings were not transformative, and thus were unfair, at least when images of the artworks were licensed to illustrate articles about Prince. In Jack Daniel’s v.

IP 80

IP Artwork Intellectual Property Licensing 80

Kluwer Copyright Blog

APRIL 26, 2022

In the meantime, this post provides a refresher on the contents of Article 17, followed by a brief highlight of the main takeaways to kick-off the discussion. The regime of Article 17 and the issue at stake. As noted, these obligations relate to preventive/proactive and reactive measures.

Intellectual Property 98

Intellectual Property Law Designs Design 98

JD Supra Law

JUNE 23, 2022

As Top Gun: Maverick passes Doctor Strange 2 to become the highest-grossing movie in the US this year, it’s attracted a copyright infringement claim by the heirs of the writer of the article that inspired the original 1986 Tom Cruise movie. By: AEON Law

Copyright Infringement 98

Copyright Infringement Copyright Patent Law 98

JD Supra Law

JULY 5, 2022

Article 76 of the Fourth Amendment1 to the Chinese Patent Law links regulatory approval of a generic drug and patent protection of the brand-name drug. It establishes a legal framework for resolving drug patent disputes before approval of the generic drug product similar to the Hatch-Waxman Act in the United States.

Branding 98

Branding Brands Branding Patent Law 98

IP Law 360

AUGUST 24, 2022

s copyright infringement suit accusing him of unlawfully copying and distributing thousands of news articles from The Wall Street Journal, arguing that his actions are protected under fair use. A prominent investment manager has asked a Texas federal judge to dismiss Dow Jones & Co.'s

Fair Use 75

Fair Use Journalism Copyright Infringement Copying 75