Plagiarism Today

OCTOBER 26, 2021

Costumes are considered “useful articles” and, similar to most of the fashion industry , does not qualify for any kind of copyright protection. . First, design elements that are “physically or conceptually separate” from the article can be protected. This isn’t to say there’s been no litigation in this area. Copyright Office.

Copyright 252

Copyright Trademark Cease and Desist Copying 252

Intellectual Property Law Blog

SEPTEMBER 20, 2021

In the attached article , we examine some of the differences between these types of marketplaces and business models, highlight some of the varying license terms of these marketplaces and discuss why IP owners who license their IP for NFTs often are best served by developing their own licenses to be used in connection with sale of their NFTs.

Licensing 187

Licensing IP Art Business 187

Plagiarism Today

APRIL 5, 2022

When it comes to copyright, the photography space has been especially fraught with litigation and legal threats over the past decade plus. In short, the goal of the service is not to threaten users with litigation, but to bring them on as legitimate customers and provide education about best practices. Bottom Line.

Copyright Infringement 305

Copyright Infringement Copyright Licensing Litigation 305

IP Watchdog

FEBRUARY 2, 2023

The inventor of a novel jump rope system (the Revolution Rope), Molly Metz, argued in a reply brief to the U.S. Supreme Court filed on behalf of her company, Jump Rope Systems, LLC, on Tuesday that her case against Rogue Fitness is justiciable and the company has standing despite the cancellation of her patent claims by the U.S.

Inventor 126

Inventor Technology Patent Trademark 126

Plagiarism Today

AUGUST 11, 2021

Not only does fashion enjoy very limited copyright protection in the United States, but Stein is a Chinese company, making any litigation even more difficult. In the United States, fashion is considered a useful article that, by itself, cannot be protected by copyright. The Good, The Bad and the Ugly of Fast Fashion. Bottom Line.

Plagiarism 264

Plagiarism Designs Design Copying 264

Plagiarism Today

MAY 18, 2022

However, for every site that offers free stock photography, there are dozens of articles saying why you shouldn’t use them. These articles come from a variety of sources including publishing blogs , sites that help those that run churches and even sites that help photographers enforce their images. Reasons to Calm Down (Some).

Licensing 311

Licensing Copying Public Domain Copyright 311

IP Watchdog

JUNE 19, 2023

While litigators and patent portfolio managers are immediately feeling the impact in Europe, surprisingly, they should also expect an impact on information disclosure statement (IDS) strategy for U.S. application and should be addressed in an IDS, and how this information can be used for monetization and litigation.

Patent Application 122

Patent Application Patent Litigation Patent Prosecution 122

Plagiarism Today

AUGUST 26, 2021

Note: I am not a musicologist and will offer no commentary on the plagiarism allegations themselves, instead, this article intends to focus on the legal and cultural environment that has set up these disputes.). The answer is likely a bit more complicated than that. Blurred Lines, Legal and Otherwise.

Plagiarism 246

Plagiarism Music Publishing Litigation 246

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 69

Litigation Journalism Publishing Law 69

IP Watchdog

FEBRUARY 8, 2024

On February 6, the U.S. Court of Appeals for the Fourth Circuit issued an opinion in Philpot v. Independent Journal Review reversing a ruling that an online reproduction of a photograph of singer-songwriter Ted Nugent constituted fair use.

Fair Use 105

Fair Use Journalism Registration Copyright 105

Intellectual Property Law Blog

SEPTEMBER 13, 2023

Five of the top issues to understand and consider are addressed in this article. A wave of litigations and enforcement actions has swelled. Many other issues can arise. Boards should get educated on these issues and ensure appropriate policies and corporate governance are implemented to manage the business and legal risks.

Government 147

Government Business Litigation Reporting 147

Intellectual Property Law Blog

DECEMBER 15, 2023

Cloudbreak Therapeutics, LLC addresses whether an IPR petitioner can assert Article III standing on appeal based on potential infringement liability and potential preclusive effects on its patents. Issues Does Allgenesis have standing under Article III to seek review of the PTAB’s decision? Allgenesis Biotherapeutics Inc.

Marketing 162

Marketing Marketing Settlement Patent 162

Plagiarism Today

OCTOBER 4, 2022

This case clearly illustrates how, with copyright, two different cases with nearly identical facts can have wildly different outcomes depending on the court and the litigators involved. Songwriting and Litigation. There’s not much doubt that there is more litigation around songwriting.

Copyright 261

Copyright Music Litigation Plagiarism 261

IP Watchdog

OCTOBER 4, 2024

This week in Other Barks & Bites: Author files class action lawsuit against Meta for copyright infringement; Industry leaders urge Advisory Committee on Civil Rules to clarify third-party litigation; YouTube pulls popular music videos from platform amidst copyright dispute.

Copyright Infringement 105

Copyright Infringement Litigation Copyright Music 105

The IPKat

DECEMBER 5, 2024

Over to John : "In joined orders ORD_598488/2023 and ORD_598489/2023 , the UPC Court of Appeal (CoA) has held that national litigation commenced prior to the transitional period did not block withdrawal of an opt-out, overturning the first-instance ruling of the Helsinki Local Division. These facts are shown in the diagram below (from here ).

Litigation 62

Litigation Patent Art 62

TorrentFreak

OCTOBER 25, 2022

Emailed Boing Boing Article. Copying isn’t the issue here; it’s the topic of the article that’s important. The article covers a Rightscorp call center script that was surfaced during an earlier lawsuit. The Boing Boing Article. The email contains a copy of a blog post published by Boing Boing.

Music 145

Music Copying Business Blogging 145

Plagiarism Today

AUGUST 3, 2023

Bell is the author of Winning Isn't Normal, but he's made a name as a regular litigant. Author Keith F. Now, he's coming to the CCB. The post ‘Winning Isn’t Normal’ Author Files First Cases with the CCB appeared first on Plagiarism Today.

Plagiarism 193

Plagiarism Litigation Copyright Law Law 193

Olartemoure Blog

FEBRUARY 21, 2024

Article 5 of Law 2213 of 2022 establishes that the special powers of attorney required to carry out any type of legal action may be conferred by data message, without requiring a handwritten or digital signature. Therefore, it is not required to provide proof of the sending of a power of attorney by data message for it to be valid.

Intellectual Property 102

Intellectual Property Litigation Law 102

The IPKat

FEBRUARY 3, 2023

It is evident that the eventual scope of Section 29A owed to the possibilities and constraints under Article 5(3)(a) of the InfoSoc Directive. The rationale of EU intervention in relation to unlicensed TDM is explained in the preamble to the DSM Directive. Broadening the UK E&L?

Government 141

Government Related Rights Copyright Law 141

The IPKat

JANUARY 17, 2024

In this sense, a somewhat similar – though dated (by that meaning: pre- Infopaq [IPKat here and here ] ) – case litigated both in France and the UK cannot but come to mind: Hyperion Records v Sawkins [IPKat here ] , concerning copyright protection of a ‘reconstructed’ baroque music score. See here , here , here , here.

Derivative Work 137

Derivative Work Editing Copyright Music 137

The IPKat

JULY 9, 2023

But can third-party freedom of expression be safeguarded through the way in which the infringement test, notably the test for trade marks with a reputation and the notion of "due cause" (Article 9(2)(c) EUTMR ; Article 10(6) and (2)(c) EUTMD ), is construed?

Law 128

Law Intellectual Property Copyright Law Litigation 128

Patently-O

JULY 9, 2024

In our new draft article, Fixing Double Patenting , we argue that this outcry is unwarranted. Our article provides comprehensive new evidence on the surprising extent of double patenting, particularly for important categories of patents. Portions of this post are adapted from our article, which is available on SSRN.

Patent 119

Patent Invention Inventor Litigation 119

IP Watchdog

OCTOBER 15, 2024

The highly publicized ruling came after almost a decade of litigation between the parties over VIP’s “Bad Spaniels” parody dog toy designed to mimic a bottle of Jack Daniel’s. The litigation that has unfolded in the past year foretells the downstream implications of the Supreme Court ruling, particularly for trademark dilution law.

Trademark 124

Trademark Litigation IP Designs 124

IP Watchdog

JULY 30, 2024

Strong intellectual property rights are a cornerstone of the modern American economy. When inventors and creators know that their work will be protected, they are more likely to invest time, money, and resources into developing new ideas and technologies.

Litigation 97

Litigation Intellectual Property Inventor Copying 97

IP Watchdog

OCTOBER 15, 2024

There are two distinct procedures available to parties for resolving patent infringement matters in China: an administrative procedure before the IP office and a civil procedure before the courts.

Patent Infringement 104

Patent Infringement Intellectual Property Patent Litigation 104

Plagiarism Today

DECEMBER 12, 2022

The Seuss estate is well-known for being aggressive with litigation. Though we’ve already touched on some in this article, one that definitely needs to be discusses is the myth that Coca-Cola owns Santa Claus. He won that case in September 2017. 4: A Pair of Christmas Copyright Myths. 4: A Pair of Christmas Copyright Myths.

Copyright 281

Copyright Public Domain Music Plagiarism 281

Plagiarism Today

JUNE 28, 2022

We’ve seen mass litigation against news agencies , paparazzi repeateldy sue celebrities over Instagram post and lots of demand letters filed on behalf of photographers. The cost of litigation meant that, in many cases, demand letters had no teeth. This has led us down some difficult paths.

Copyright 245

Copyright Litigation Plagiarism Copyright Infringement 245

IP Watchdog

DECEMBER 13, 2024

ArentFox Schiff LLP is seeking a patent litigation associate with 4-6 years of experience to join our DC or San Francisco offices. Experience with trial, motions, depositions, expert reports, and discovery management is preferred. PTAB experience is preferred.

Litigation 52

Litigation IP Reporting Law 52

Plagiarism Today

OCTOBER 4, 2022

Last week, Moss summarized the history of the case in an article that is well worth reading. Instead, this case was litigated for over four years in regular federal court, at great expense to both sides. There’s surprisingly little copyright litigation in the tattoo space. From Three Defenses to One. Why the Worry?

Copyright 214

Copyright Fair Use Licensing Copyright Infringement 214

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). However we get there, the overall litigation enterprise here makes no economic sense.

Copyright 102

Copyright Settlement Licensing Litigation 102

IP Watchdog

DECEMBER 9, 2024

Government Accountability Office (GAO) published a report reflecting the agencys investigation into third-party funding of patent litigation in the United States. On December 5, the U.S.

Reporting 98

Reporting Litigation Patent Government 98

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

Kluwer Copyright Blog

MAY 9, 2023

In particular, Article 4 CDSM Directive contains a so-called “commercial” TDM exception, which provides an “opt-out” mechanism for rights holders. The analysis below will focus on the EU TDM exceptions, especially Article 4 CDSM Directive. Articles 3 and 4 CDSM Directive then contain two TDM-related mandatory exceptions.

Copyright 136

Copyright Copyright Law Fair Use Law 136

The IPKat

DECEMBER 27, 2023

Second-hand Chanel cosmetics and fragrances were sold in some of those shops, including samples [ IPKat on Chanel recent litigation here and here ]. Relying on a combined reading of the former Article L. The Court here applied the aforementioned article rigorously, narrowing its focus to the case of perfumes and cosmetic products.

Marketing 112

Marketing Marketing Intellectual Property Law 112

Patently-O

MARCH 3, 2024

A 2023 article from a group of China-based AI researchers proposes what they call the “ Tong test ” for assessing AGI. An important note from the article is that AGI is not a simple yes/no threshold but rather is something that should be quantified across a wide range of dimensions.

Designs 137

Designs Design Technology Litigation 137

TorrentFreak

NOVEMBER 1, 2022

Ironically, Yout then amplified that message by seeking out news coverage of this litigation,” the RIAA notes. Nader has frequently retweeted the articles, proclaiming that he had ‘made the news today’ and that Yout was ’emboldened’,” the RIAA adds.

Music 143

Music Social Media Technology Copying 143

IP Watchdog

DECEMBER 6, 2024

This week in Other Barks and Bites: the Government Accountability Office published its report on third-party funding for patent litigation showing mixed responses to proposed disclosure requirements; the Second Circuit affirms a lower ruling that copyright ownership claims to George Clinton sound recordings are time-barred; the U.S.

Litigation 52

Litigation Reporting Ownership Government 52