LexBlog IP

FEBRUARY 15, 2023

If a secret is stolen, or the ownership or its proper apportionment are disputed, or if a third party is trying to copy software containing AI algorithms, the right holders must not shy away from taking proper enforcement measures. But rights holders must be prepared.

Intellectual Property 52

Intellectual Property Due Diligence Ownership IP 52

IP and Legal Filings

JULY 13, 2022

Indian courts, for the longest time, followed the doctrine of “sweat of brow”, upholding the belief that a work requires only due diligence and effort, rather than originality and creativity in order to be granted copyright protection. What is the Indian take on originality v. creativity?

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Copyright Artistic Work Designs Design 95

Technology & Marketing Law Blog

JULY 25, 2022

In so holding, the Ninth Circuit created (or widened) a circuit split with the Second Circuit, which previously held that even under the discovery rule, damages for copyright infringement are limited to “a three-year lookback period from the time a suit is filed.” Scholastic, Inc. , 3d 39, 52 (2d Cir. Petrella , 572 U.S. 3d 39 (2d Cir.

Blogging 98

Blogging Copyright Licensing Copyright Infringement 98

Technology & Marketing Law Blog

MAY 15, 2024

If the Supreme Court upholds the discovery rule for copyright cases, or simply declines to address it, the decision will leave copyright defendants exposed to very large awards for years of infringing conduct (as they have been everywhere but the Second Circuit). By Guest Blogger Tyler Ochoa Last week, the U.S. 3d 39 (2d Cir.

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Music Blogging Copyright Ownership 105

LexBlog IP

FEBRUARY 11, 2024

Copying was tedious. Copying took effort. Copyright infringement silently screams from the sidelines, while buzzwords like “fair use” and “transformative use” enter the conversation, doing a delicate dance between legality and technology. Are you safeguarding your innovations with due diligence?

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Copyright Due Diligence Content Creation Copyright Law 52

IP Intelligence

JUNE 3, 2024

Warner) to license certain works from the Music Specialist catalog, including “Jam the Box,” which was interpolated into Flo Rida’s hit song “In the Ayer,” which went on to sell millions of copies. Nealy sought damages for alleged copyright infringement dating back to 2008 – 10 years before he filed suit. 1] The U.S.

Music 52

Music Copyright Copyright Infringement Due Diligence 52

Kluwer Copyright Blog

JULY 14, 2023

National policymakers should work towards eliminating the differences between digitized copies of 2D objects versus 3D artworks (which could be copyrightable, such as photographic paper or canvas that has a spatial extent), in order to avoid limiting access and use of public domain works. Proposal 8.

Database Right 52

Database Right Licensing Public Domain Artwork 52

IIPRD

JANUARY 24, 2023

On the same hand, Fintech companies must stay clear of any copyrights belonging to third parties like source codes or software elements because doing so could result in copyright infringement lawsuits. Digital locks can be used by FinTech businesses to offer an extra layer of security to copies of their works.

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IP Invention Intellectual Property Due Diligence 52

LexBlog IP

APRIL 19, 2023

Examples of copyright-protected materials commonly used on Amazon listings include aspects of the products listed, images (e.g., The key for Amazon sellers to avoid copyright infringement issues is to utilize only original content with all aspects of their products. pictures or descriptions) for use on their own materials.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

43(B)log

AUGUST 4, 2023

Piggyback on VC due diligence, valuation. At the same time, the risk of copying essentially went away. So now, we have lots of protection for implementation where we don’t need it and no protection for interfaces where new entrants can easily be copied. Big difference is the direction of copying.

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IP Copying Due Diligence Registration 40

SpicyIP

MAY 6, 2024

vs Prerna Rajpal Trading As The Amaris Flagship Store on 29 April, 2024 (Delhi High Court) The dispute is over copying substantial elements like placement, pattern, color combination of plaintiff’s Serpenti Ocean Treasure Necklace by the defendant’s Shield-It Necklace. Bulgari S.P.A Kutch’s Ajrakh gets GI tag.

Trademark 59

Trademark Invention Licensing Patent 59

IP Whiteboard

JUNE 7, 2021

You then upload a copy of the digital work that you want to represent in NFT-form to the NFT marketplace, pay a transaction fee and click ‘create’. It’s hard to identify and verify the true owner of content when an identical copy of that content can be created with a few clicks of a mouse. What are the benefits of NFTs?

Non-Fungible Tokens 40

Non-Fungible Tokens IP Cease and Desist Ownership 40

Kluwer Copyright Blog

NOVEMBER 24, 2021

The defendant in that case had offered adapters for sale which enabled Nintendo games, that had been produced by third parties in circumvention of copy protection measures and downloaded from the internet, to be used on the Nintendo games console. Claims under copyright law.

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Contracts Copyright Law Cease and Desist 98

Kluwer Copyright Blog

FEBRUARY 24, 2023

The Störerhaftung is the basis, in particular, for claims to compel access providers or other intermediaries to bring an end to copyright infringements. In Störerhaftung des Registrars , the BGH ruled for the first time on the responsibility of a domain registrar to bring an end to a copyright infringement.

Law 52

Law Copyright Due Diligence Copyright Infringement 52

IIPRD

NOVEMBER 14, 2023

There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. Challenges in IPR Regulation in e-commerce As per a survey, around 38% online buyers experienced counterfeit products and 1/3 rd people have gotten copied products. In the case of Tiffany v. 26, 2023, 11:00 AM), [link].

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

TorrentFreak

OCTOBER 1, 2022

From terminating allegedly infringing users and implementing copyright filters, to due diligence, website blocking, and running a search engine, tech companies can find themselves being held responsible when third parties upset the business models of other third parties. Rightsholders like this arrangement. .

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Music Due Diligence Copyright Social Media 141

IIPRD

FEBRUARY 8, 2024

Copyright laws, for instance, vary from jurisdiction to jurisdiction. What constitutes copyright infringement in one country may not be in another. 1] , t he cloud service provider was not made liable even after abetting the infringement. “The Thus, in Tiffany(NJ) Inc. eBay Inc. [1]

Intellectual Property 52

Intellectual Property IP Government Technology 52

Kluwer Copyright Blog

JUNE 19, 2023

The ‘ Dune’ scenario is a well-known ‘tale of crypto folly’ featuring NFT purchasers who failed to exercise appropriate due diligence in determining what rights are granted when procuring an NFT. For instance, CrypToadz is a prominent CC0 NFT project wherein the artwork related to the NFT is in the public domain.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Copyright Lately

APRIL 17, 2023

Minden’s complaints often tout that the company “works diligently to detect online infringements of its works” and that it engages technology companies to “crawl the internet” in search of unauthorized copies of Minden’s photos. Complex Media posted Minden’s photo over 10 years ago.

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Copyright Litigation Licensing Due Diligence 69

IP and Legal Filings

DECEMBER 6, 2024

Phonogram makers also have to deal with the problem of others copying their musical note and vocal sound signs and symbols. Since audiovisual works disseminate their copies over such new mediums as cable and satellite television, this case unveiled the growing need to safeguard the same. JUDICIAL RECOGNITION Fairmount Hotels Pvt.

Copyright 52

Copyright Intellectual Property Social Media Television 52