IP Watchdog

NOVEMBER 22, 2024

In this article, we delve into the complexities surrounding injunctive relief in patent cases that are sure to impact Xockets’ chances of obtaining an injunction in a post?eBay As is often the case in patent cases, Xockets seeks an injunction in addition to monetary damages. eBay world.

Patent Infringement 111

Patent Infringement Patent Law Litigation 111

TorrentFreak

DECEMBER 5, 2024

The suspects used a well-known website operated by an individual to publish articles and provide download links, generating advertising revenue through click-through rates.” The articles on those sites were reportedly viewed 553,551 times.

Intellectual Property 109

Intellectual Property Publishing Reporting Copyright 109

The IPKat

MARCH 24, 2025

However, neither the EUIPO Examiner, nor the BoA , nor the EU General Court allowed the registration of the sign below as an EU trade mark due to lack of inherent distinctiveness under Article 7(1)(b) EUTMR. It is also no news that invoking Article 7(3) EUTMR successfully is highly difficult. Background Amazonen-Werke H.

Marketing 78

Marketing Marketing Registration Branding 78

TorrentFreak

NOVEMBER 25, 2024

The order, issued under Article L.333-10 Cloudflare and Cisco further argued that the legal justification for these blockades, Article L. In May, the Paris Judicial Court ordered Google, Cloudflare, and Cisco to block access to several pirate websites by poisoning their DNS.

Copying 142

Copying Publishing Law Copyright 142

The IPKat

JANUARY 15, 2025

The decision provides important guidance on how the morality exclusion under Article 53(a) EPC should be interpreted in the context of biotechnological inventions involving human-animal chimeras. Kat-pig Final Thoughts In T 1553/22 , the Board of Appeal provided an outline for assessing chimeric stem cell inventions under Article 53(a) EPC.

Invention 102

Invention Patent Application Patent Patent Law 102

SpicyIP

NOVEMBER 7, 2024

The exception covered under Article 3 permits text and data mining (“TDM”) for a wide range of purposes including “scientific research”. Additionally, the Court referred to Article 5(5) of the InfoSoc Directive which enshrines a three-step test to enable exceptions such as TDM to copyright. Ruling in favour of LAION e.V.,

Copyright Law 105

Copyright Law Copyright Law Copyright Infringement 105

TorrentFreak

DECEMBER 8, 2024

In Greece right now there are hundreds of news articles (unrelated to the events of last week) reporting on a “landmark” and/or “historic” decision by a local court to send a pirate IPTV subscriber to prison for five months. ” These talking points are well-worn industry standards across the world.

Reporting 117

Reporting Television Privacy Designs 117

JD Supra Law

NOVEMBER 27, 2024

In this article from the New York Law Journal, Baker Botts’ co-head of the AI practice group Rich Harper breaks down how traditional trade secret laws could apply to rapidly advancing AI tech. While trade secret law may not get as much attention as copyright battles, it’s going to be a major player in the future of AI.

Litigation 112

Litigation Journalism Publishing Law 112

IP Watchdog

DECEMBER 23, 2024

This article provides highlights of legislative activities undertaken in 2024 in this regard. Congress resolved to expand civil liability for e-commerce platforms offering counterfeit goods, create a task force within the Criminal Division of the Department of Justice, and prohibit any executive agency, including the U.S.

Trademark 97

Trademark Intellectual Property Business Patent 97

IP Watchdog

JANUARY 26, 2025

In its 2021 decision, the CAFC found in part that Intel satisfied Article III standing requirements for appealing from the PTAB but remanded the case on a number of issues.

Patent 105

Patent Intellectual Property Litigation IP 105

TorrentFreak

DECEMBER 12, 2024

The Top 14 order The recent orders were issued by the Paris Judicial Court under Article L.333-10 On appeal, DNS providers will likely argue that Article L.333-10 The third is centered around the French professional rugby union league; Top 14. This also lists Quad9 and Vercara as the main defendants, but this time alongside Google.

Privacy 125

Privacy Law Music Copyright Law 125

Technology & Marketing Law Blog

NOVEMBER 16, 2024

The article included multiple photos of Sewell, including the photo in question , and the Post apparently liked the image so much that they used a portion of the photo as the background for the newspaper cover that day (see screenshot at right). McDermott kept the copyright to those photo and granted NY Post a license. Not willful.

Copyright 102

Copyright Settlement Licensing Litigation 102

JD Supra Law

APRIL 9, 2025

This article explores the implications, highlighting the need for proactive inventorship inquiries to navigate the complexities of AI-driven innovation. Artificial intelligence is revolutionizing life science R&D (particularly in the realm of drug discovery) and challenging the traditional "human inventorship" requirement for U.S.

Invention 73

Invention Patent 73

TorrentFreak

OCTOBER 31, 2024

.’ It’s alleged that without obtaining permission from rightsholders, the men – who appear to work for the same company – ‘extracted’ the text and other distinuishing features from the movies, added relevant images, then displayed the resulting articles on a website.

Fair Use 133

Fair Use Social Media Copyright Copyright Infringement 133

The IPKat

MARCH 31, 2025

It protects only the appearance of a product (Article 3(a) CDR) and does not confer rights over characteristics of the appearance of a product which are exclusively imposed by its technical function (Article 8(1) CDR). These considerations will not be explored further here.

Designs 64

Designs Design Patent Law Law 64

JD Supra Law

APRIL 16, 2025

Given the continued challenges in policing the burgeoning ENDS marketplace, as previously discussed in Part I of this article, in mid-2024 FDA and DOJ announced the establishment of a federal multi-agency task force to combat the illegal distribution and sale of e-cigarettes.

Intellectual Property 71

Intellectual Property 71

The IPKat

NOVEMBER 26, 2024

In 2016, the EUIPO Examination Division issued a total provisional refusal, citing descriptiveness and a lack of distinctive character under Articles 7(1)(b) and (c), in conjunction with Article 7(2), of the EU Trade Mark Regulation (EUTMR).

Registration 118

Registration Advertising Advertising Television 118

Kluwer Copyright Blog

MARCH 19, 2025

There is variant terminology: lawful acquirer of a computer program or a person having a right to use a computer program ( Directive 2009/24 ), lawful user of a database ( Directive 96/9 ), lawful use (Article 5.1 of the Infosoc Directive ).

Copyright Law 98

Copyright Law Law Copyright Copying 98

Erik K Pelton

JANUARY 7, 2025

Class 3: cosmetics and cleaning preparations Class 5: pharmaceutical products Class 9: electrical and scientific apparatus (includes both software (downloadable or physical software on a disc or drive) and hardware) Class 12: vehicles Class 14: jewelry Class 15: musical instruments Class 16: paper goods and printed matter (includes anything that’s (..)

Social Media 130

Social Media Editing Music Advertising 130

JD Supra Law

MARCH 31, 2025

Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. This is the March 2025 edition of Anchovy News. In this issue we cover: Domain name industry news.KR Continued domain growth for 2024.BE

Editing 68

Editing 68

Kluwer Copyright Blog

MARCH 11, 2025

Furthermore, for the first time, European copyright law grants a positive status to works belonging to the public domain by prohibiting the regaining of any exclusivity therein, at least for works of visual art, in Article 14 CDSM. This post is based on the article: T.

Copyright Law 105

Copyright Law Public Domain Copyright Law 105

IP and Legal Filings

MARCH 5, 2025

This means, even though news items cannot be allowed copyright protection as per Article 1(8) of the Berne Convention, fake news which has an element of originality (as they depict an event that did not take place), can merit copyright protection.”

Personality Rights 84

Personality Rights Privacy Journalism Copyright 84

The TTABlog

APRIL 16, 2025

A]lthough Article III standing is not necessarily a requirement to appear before an administrative agency, once a party seeks review in a federal court, the constitutional requirement that it have standing kicks in. * * * Mr. Messier, as the party seeking appellate review, has the burden to show he has Article III standing.

Intellectual Property 49

Intellectual Property Licensing Design Designs 49

The IPKat

JANUARY 28, 2025

Beyond this high-level guidance from Article 2 of the Protocol, the UPC faces the challenge of developing its own approach to assessing infringement by equivalence. Whilst Article 2 of the Protocol to Article 69 EPC requires equivalents to be considered, it provides no guidance on how to assess them.

Invention 90

Invention Art Patent Designs 90

TorrentFreak

JANUARY 19, 2025

The fact that the tip-off for this article came from a major representative of a prominent copyright holder group, shows how dire the situation is. If the past year has shown anything, it’s that a lack of nuance, transparency, and openness to feedback, can end up being counterproductive.

Reporting 124

Reporting IP Copyright Technology 124

TorrentFreak

FEBRUARY 15, 2025

These sites index millions of books and articles, across multiple domain names. In recent weeks, the company has sent more takedown notices to Google than all other senders combined. Most of this takedown activity targets shadow libraries such as Anna’s Archive and Z-Library.

Publishing 114

Publishing Music Reporting Copyright 114

TorrentFreak

DECEMBER 30, 2024

For one, many of the reported domains are mirrors, which show the same pirated books and articles duplicated across different URLs. . ‘Better Than All The Rest’ It’s clear that Link-Busters is more ‘active’ than most competing takedown outfits, but this conclusion deserves some nuance.

Publishing 127

Publishing Reporting Copyright 127

Kluwer Copyright Blog

MARCH 4, 2025

In this sense, it tracks rather closely with the definition of open source of Article 53 (2) of the AI Act, which also requires terms allowing for the access, usage, modification, and distribution of the model . This is consistent with the OSAIDs stringent take it or leave it approach.

Licensing 89

Licensing Government Publishing Reporting 89

TorrentFreak

NOVEMBER 8, 2024

— This weekend we will publish a follow-up article, sharing some thoughts on the series with input from Pirate Bay co-founder Peter Sunde and Piratbyrån co-founder Rasmus Fleischer. Whether this succeeded is up to the viewer, but the series definitely shows the contrasting personalities of Fredrik, Gottfrid, and Peter.

Copying 127

Copying Publishing Technology Copyright 127

Technology & Marketing Law Blog

JANUARY 18, 2025

Instead, XXL relied on a fair use defense, which works: Nature of use: “the video was the subject of the news story and because the article added new information and context about the contents of the video.” The court doesn’t discuss the Hunley case at all.

Copyright 96

Copyright Social Media Licensing Fair Use 96

TorrentFreak

JANUARY 31, 2025

DeepSeek Anna’s Archive This week, hundreds of new articles were published on the latest AI model released by the Chinese company DeepSeek. In countries where the law is more lenient or opaque, this might be an entirely different story. That could create a copyright schism with potentially far-reaching consequences.

Copyright Infringement 124

Copyright Infringement Copyright Copyright Law Fair Use 124

The IPKat

FEBRUARY 17, 2025

It may be that journalists who have contributed to individual articles in the collection have assigned their copyright, but it may be less clear whether the newspaper have the right to licence their personal data (or the personal data of the subjects of, contributors to, or commenters on an article) for AI training purposes.

Law 111

Law Copyright Licensing Copyright Law 111

Intepat

APRIL 7, 2025

TRIPS AGREEMENT AND MEDICAL PROCEDURES The World Trade Organization’s Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, under Article 27(3), grants Member States the discretion to determine whether patents should be allowed for diagnostic, therapeutic, and surgical methods used in the treatment of humans or animals.

Patent 52

Patent Inventor Invention Patent Law 52

The IPKat

JANUARY 22, 2025

Legal Background: Sufficiency of disclosure for second medical use claims Under established EPO practice, the assessment of sufficiency under Article 83 EPC requires that a skilled person be able to reproduce the claimed invention using the teaching of the patent application as filed and common general knowledge.

Patent 105

Patent Invention Publishing Art 105

TorrentFreak

OCTOBER 19, 2024

is a responsible intermediary pursuant to Article 156 of the Italian Copyright Law,” the decision reads. According to the Court, Cloudflare’s inaction makes it harder for rightsholders to identify and block pirate sites. “With respect to those infringements, it appears prima facie that the company Cloudflare inc.

Cease and Desist 117

Cease and Desist Copyright Law Copyright Reporting 117

The IPKat

MARCH 26, 2025

However, the Board of Appeal rejected this effect for being too broad, noting that "a modification introduced solely for the sake of differentiation from the prior art simply means that, at most, the novelty requirement of Article 54 EPC is met" but does not guarantee compliance with Article 56 EPC (r.

Invention 64

Invention Art Publishing Patent 64

IIPRD

JANUARY 22, 2025

In this article, I aim to discuss the nuances of fair use as it relates to AI, especially with respect to its interpretation and application in India and the United States. Finally, the article makes a case for a development that would simultaneously protect intellectual property rights while encouraging innovation through AI.

Fair Use 95

Fair Use Intellectual Property Derivative Work Copyright Law 95