Patently-O

DECEMBER 7, 2023

by Dennis Crouch In patent law, product copying can serve as indirect evidence of non-obviousness. A pending petition before the Supreme Court asks a similar question in the trademark realm – to what extent does copying of a product serve as evidence of secondary meaning of the product associated trade dress.

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TorrentFreak

FEBRUARY 22, 2024

The Internet Archive is widely known for its Wayback Machine, which preserves copies of the web for future generations. “Defendants have created a massive online storefront providing digital copies of thousands of these protected sound recordings to anyone to stream or download for free. .

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Copying Licensing Fair Use Cease and Desist 101

IP Law 360

JULY 25, 2024

Martin Shkreli pushed back on a crypto project's bid to force him to hand over copies of the one-of-a-kind Wu-Tang Clan album he once owned, saying his original purchase agreement of the album entitled him to make the copies and the album's current crypto owner hasn't shown how Shkreli's duplicates irreparably harm the value of the original.

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IP Law 360

JUNE 20, 2024

Theravance Biopharma and Mylan Specialty have sued a Chinese drugmaker, alleging it copied Yupelri, one of its chronic obstructive pulmonary disease drugs, and infringed several patents in the process.

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TorrentFreak

MAY 17, 2022

Long before the advent of legitimate online video streaming services, torrent sites and similar platforms allowed users to download and keep copies of movies and TV shows. Is it permissible to download and keep copies of movies and TV shows if you’ve paid for a legal subscription? Copyright Law and DRM.

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IP Law 360

JANUARY 16, 2024

didn't engage in copyright infringement of UIRC-GSA Holding's bond offering documents, stating that UIRC's paperwork was not eligible for protection because the government contractor copied it from a housing association. The Seventh Circuit has upheld an Illinois federal court's finding that financial services company William Blair & Co.

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Copying Copyright Copyright Infringement Government 81

Technology & Marketing Law Blog

JULY 23, 2024

Rebecca Tushnet and I are pleased to announce the seventh edition of our casebook, Advertising & Marketing Law: Cases & Materials. Paperback buyers can get a free PDF file by emailing me a copy of their receipt showing which edition they bought. You can see my old syllabi and exams on my Advertising Law course page.

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IP Law 360

MAY 28, 2024

A Philadelphia-area fashion designer has accused luxury clothing brand Louis Vuitton and its related corporate entities of allegedly copying her designs for women's apparel and fabrics.

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IP Law 360

JULY 11, 2024

senators introduced legislation dubbed the COPIED Act on Thursday to fight the growth of AI-generated "deepfakes," proposing a framework that would give journalists and artists control over their work via a watermarking process and allow them to sue those who use their work without permission. A bipartisan group of U.S.

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TorrentFreak

AUGUST 5, 2024

Every day, millions of people break the law; by posting copyrighted images, music, and videos on social media, for example. In addition, it was apparent that the copy had been sourced from pirate streaming site, Obaflix. For most of these people, copyright is merely an afterthought, not a real concern.

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Kluwer Copyright Blog

JULY 29, 2024

Photo by ThisisEngineering on Unsplash In November 2024, the CJEU cast light on the right to fair compensation under the private copying exception harmonised by Article 5(2)(b) InfoSoc Directive and the thorny issue of whether broadcasters are entitled to it. This post considers this judgment.

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The IPKat

MARCH 4, 2024

This time, Katfriend Spyridon Sipetas (Stockholm University) tells the story of a collaboration – the one between Jacquemus and Nike – that has been already plagued with accusations of copying. Here’s what Spyridon writes: Jacquemus x Nike Swoosh Bag: ‘Just Copy It’ or re-appropriation of Nike’s own trade mark?

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Kluwer Copyright Blog

SEPTEMBER 19, 2023

In Case C-426/21 , the CJEU looked into the complicated relationship between copyright law and online television services. The focus of the case is twofold: the scope of application of the private copy exception, on the one hand, and that of the right of communication to the public, on the other.

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The IPKat

SEPTEMBER 26, 2021

Kat cloud Does the private copying exception and, with it, the fair compensation requirement under Article 5(2)(b) of the InfoSoc Directive apply to reproductions carried out by using cloud-based recording services? In Austro-Mechana , the question is once again one of private copying in the cloud.

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IP Law 360

DECEMBER 1, 2023

Department of Defense contractor made unauthorized copies of the company's software and the DOD tried to cover up that copying. A Court of Federal Claims judge has awarded a software developer $12.7 million for copyright infringement after finding that a U.S.

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IP Law 360

APRIL 25, 2023

British pop star Ed Sheeran took the witness stand in Manhattan federal court Tuesday for the first day of a copyright trial over his ballad "Thinking Out Loud," denying that he copied Marvin Gaye's "Let's Get It On" and testily sparring with opposing counsel.

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IP and Legal Filings

JULY 29, 2024

Another lesser-known problem of the authors of the schools providing educational services through the Internet is the question of the control of the distribution of copies of copyrighted works. Moreover, these kinds of works, in most cases, have inadequate rights protection based on the existing laws of copyright.

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IP Law 360

MARCH 29, 2024

A Winston & Strawn LLP attorney on Friday told a Manhattan federal judge that the firm is angling to settle a copyright infringement suit that accuses its attorneys of copying a motion-to-dismiss filing by a boutique intellectual property firm "nearly verbatim," saying it isn't worth the cost to all involved.

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azrights

OCTOBER 5, 2023

I would love to send you a signed copy of Brand Tuned, the new rules of branding, strategy and intellectual property if you’re UK based and are: EITHER: An Azrights client: OR An agency or freelancer supporting businesses to promote or create their brand. Just complete this form to receive a copy of the book.

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IP Law 360

JANUARY 3, 2024

A Boston boutique law firm has filed a copyright infringement complaint against Winston & Strawn LLP, accusing it and four of its attorneys of copying a motion-to-dismiss filing "nearly verbatim" in a patent dispute where both firms were representing co-defendants.

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Copying Copyright Infringement Patent Copyright 45

Kluwer Copyright Blog

JANUARY 5, 2023

It is a common practice to make copies of deteriorating or far away cultural heritage. As of 2022, it is not even a new idea to use digital methods to copy heritage, considering that the mass digitisation of cultural heritage, especially books, started more than two decades ago. Photo by awsloley via Pixabay.

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Kluwer Copyright Blog

JULY 15, 2021

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy (also known as the blank media tax or levy). In Part I of this set of posts, I describe draft changes to the Polish copyright law on the collection and division of the private copying levy.

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Kluwer Copyright Blog

JULY 16, 2021

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy. The draft law on the rights of professional artists will significantly change how the private copying levy system has been functioning in Poland so far.

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IP Law 360

FEBRUARY 7, 2024

The owner of the Naked Wolfe brand has accused two online footwear retailers of design and copyright infringement, alleging that they "slavishly copied" its chunky boot designs.

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Likelihood of Confusion

JULY 8, 2023

Via fashionista-lawyer-to-the-fashionista-stars Olivera Medenica, it’s time to roll up for the Federal Bar Association‘s 2016 Fashion Law Conference at the Parson’s School of Design! Look, here’s the text I copied. The post Fashion Law at the Federal Bar Association appeared first on LIKELIHOOD OF CONFUSION™.

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IP Law 360

FEBRUARY 23, 2024

A federal magistrate judge in Waco, Texas, says he doesn't think "some copy-and-paste errors" are enough to hook a prolific litigator of patent lawsuits to paying legal fees in a shell company's latest failed campaign against Salesforce.

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TorrentFreak

JANUARY 4, 2022

This is the type of behavior that has attracted copyright infringement lawsuits in the past but in this case, the makers of Genshin XYZ are using copyright law to prevent piracy of their product. Github’s Analysis Results in Takedown. From: TF , for the latest news on copyright battles, piracy and more.

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Copying Copyright Infringement Intellectual Property Copyright 140

JD Supra Law

APRIL 11, 2022

The Court of Justice of the European Union (“CJEU”) has recently ruled that the private copying exception contained in the Information Society Directive (the “Directive”) applies to works stored in space made available to users by cloud computing service providers.

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43(B)log

MAY 19, 2023

Wowwee sells a line of dolls called “My Avastars,” which plaintiffs allege were “copied directly from Roblox’s Classic Avatars.” Looking at the side by side pictures in the complaint, this is a bit hard to swallow, but the evidence of copying/references to Roblox clearly bleed over from the TM side.

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Copying False Advertising Social Media Advertising 94

Plagiarism Today

JANUARY 2, 2024

Law firm sues competitor over copied brief, pirate site closure was exaggerated, and a horror game based on Steamboat Willie is announced. The post 3 Count: Scary Mouse appeared first on Plagiarism Today.

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JD Supra Law

NOVEMBER 1, 2023

Furniture manufacturer admits intentionally copying designs, asks Supreme Court, What does copying really say about trademark status of design? While offering a new design for sale without obtaining a patent often means the design is now in the public domain, copyright and trademark laws could mean otherwise.

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43(B)log

JULY 23, 2024

Eric Goldman and I are pleased to announce the seventh edition of our casebook, Advertising & Marketing Law: Cases & Materials. Paperback buyers can get a free PDF file by emailing me a copy of their receipt showing which edition they bought. You can see his old syllabi and exams on his Advertising Law course page.

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JD Supra Law

FEBRUARY 1, 2024

Addressing a state law-based challenge to the way search results are displayed on copies of websites, the US Court of Appeals for the Ninth Circuit held that copyright preemption precluded a website owner from invoking state law to control how the websites are displayed. Best Carpet Values, Inc. Google LLC, Case No.

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Copyright Law Law Copyright Copying 75

IP and Legal Filings

FEBRUARY 15, 2023

In India particularly, the Copyrights Act, 1957 was enacted to prevent copyright infringement and recently the amendment act of 2012 was introduced to combat the changing needs of copyright law. Case Laws The first case in this regard is UTV Software Communication Limited v. and Ors.

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Michael Geist

OCTOBER 16, 2023

Since the Canadian copyright law reforms in 2012, education and libraries have increased spending on licensing and a non-partisan House of Commons study found no need to create new restriction on education and library copying rights. She joins the Law Bytes podcast to discuss the CFLA statement and copyright law in Canada.

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LexBlog IP

JUNE 26, 2023

. (“JSC”) against Trendily Furniture, LLC, Trendily Home Collection, and Raul Malhotra (collectively, “Trendily”) finding Trendily liable for trade dress infringement for willfully copying, manufacturing, and selling identical JSC furniture pieces.

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The IPKat

OCTOBER 1, 2022

Here’s what Felicia writes: Archival Authenticity or Iconic Copies? It also suggests that copying might have some effect on our understanding of what is and is not iconic. copyright law or European copyright law, most of the designs in the “Ciao, Kim” collection might be hard-pressed to be copyrighted. copyright law.

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