IP Tech Blog

JUNE 13, 2023

Reasoning that the form of a copyright registration does not really matter, the Ninth Circuit recently affirmed a district court’s ruling that real estate photography provider VHT was entitled to statutory damages for 2,700 photos infringed by Zillow even though VHT had registered all of the works at issue as part of a single database.

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Registration Copyright Publishing Marketing 104

Technology & Marketing Law Blog

JULY 4, 2022

Let’s take a closer look at Pyrotechnics’ registration. ” Indeed, the court says “the Deposit Copy reads like a manual, instructing a user how to generate digital messages—and convert those digital messages to analog signals—that Pyrotechnics’s control panel and field module can send and understand.”

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Copyright Copying Registration Marketing 145

Plagiarism Today

OCTOBER 4, 2022

However, the important thing to know is that there was no doubt that Take-Two did copy the tattoos in question and there was no question of Alexander’s ownership of them. Alexander had sought $2 for every copy of WWE 2K sold, an amount that would have equaled roughly $20 million. Instead, she only won actual damages totaling $3,750.

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Copyright Fair Use Licensing Copyright Infringement 246

IP Watchdog

JULY 28, 2022

In a recently filed suit involving the popular videogame Fortnite, the Central District of California faces an important question regarding copyright law: does a copyright in a registered choreographic work extend protection to a smaller portion of the work when that portion is copied by a third party and implemented as a dance move in a video game?

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Copyright Copying Copyright Law Registration 138

Technology & Marketing Law Blog

DECEMBER 15, 2021

To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. The registrant counternoticed each time.

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Registration Fair Use Copyright Designs 132

Technology & Marketing Law Blog

JANUARY 9, 2022

Individual emoji symbols can obtain copyright registrations… sometimes. When the symbols “include something in addition to common tropes and shapes,” and even then, the registrations should only preclude verbatim copying. When exactly? I wrote an expert opinion characterizing Emoji Co.

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Law Registration Settlement Litigation 145

Copyright Lately

OCTOBER 20, 2024

A good example comes from a case I litigated years ago on behalf of Costco. The Bottom Line During the course of the litigation, Skiplagged stopped using American’s flight symbol logo on its website. In the meantime, below is a copy of the jury’s verdict form to peruse on your next flight.

Copyright 83

Copyright Fair Use Social Media Business 83

IP Tech Blog

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.

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Intellectual Property Due Diligence Ownership IP 113

The IP Law Blog

SEPTEMBER 1, 2022

Bieber’s use of Rhode in connection with skin care products is likely to create consumer confusion, despite the fact that their federal trademark registration does not include skin care products. In response to the emergency filing, the Court held a conference the same day and accepted a copy of the documentary from Mrs. Bieber for review.

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Branding Branding Brands Trademark 98

IP Intelligence

AUGUST 15, 2023

The ability to separate out AI-generated content from the human content poses challenges at both the registration stage and the enforcement stage, with a set of related but distinct issues. But when copyright is enforced in litigation, the inability of the copyright owner to identify the protectable elements of the registered work is fatal.

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Registration Copyright Copying Editing 52

Technology & Marketing Law Blog

OCTOBER 23, 2021

The family can proceed with the full set of claims only by litigating in two venues, which doubles the litigation costs for both sides and creates a risk of inconsistent judgments. Peloton successfully argued that the dad agreed to the TOS. Otherwise, the parties are in a Mexican standoff.

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Contracts Registration Litigation Copying 136

Technology & Marketing Law Blog

OCTOBER 26, 2021

In the DMCA, Congress enabled copyright owners to obtain pre-litigation discovery of alleged infringers (17 USC 512(h)). The proposal, manuscript, and 2 photos were previously unpublished and not registered; the other 20 photos were covered by a copyright registration. The bloggers did not submit counternotices. ” Nature of work.

Privacy 124

Privacy Fair Use Blogging Copyright 124

Technology & Marketing Law Blog

MARCH 6, 2022

” With respect to whether Babybus’ baby character infringed Moonbug’s baby, Babybus claimed that the alleged copying related to generic features found in nature. . Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v.

Fair Use 111

Fair Use Cease and Desist Copying Copyright Infringement 111

Technology & Marketing Law Blog

MARCH 15, 2022

Fuxi, the putative copyright owner, has a registration for an image of printed sage leaves (the left image): The alleged infringer, the Sunny Factory, sells the candles on the right on Amazon. So extending the litigation privilege to DMCA takedown notices seems like an overreach. Defamation. ” This is clearly wrong.

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Copyright Cease and Desist Fair Use Litigation 134

IPilogue

OCTOBER 18, 2022

After a test copy of New Genesis was leaked online, WOTC took issue with development company TSR LLC’s use of their IP rights in the game. The context surrounding the litigation shows that protecting business interests is not trademark law’s sole function. . We will be following the outcome of this dispute as litigation continues.

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Trademark Trademark Law Intellectual Property Law Publishing 101

IP Watchdog

NOVEMBER 20, 2023

In our view, a straightforward interpretation of the Act allows access to the special remedies in cases that involve knock-off products, as well as cases where an identical logo or word mark is used on the same type of product that is in the plaintiff’s trademark registration, even if the defendant’s products and/or their packaging do not resemble (..)

Copying 52

Copying Registration Trademark Intellectual Property 52

LexBlog IP

JUNE 13, 2023

Reasoning that the form of a copyright registration does not really matter, the Ninth Circuit recently affirmed a district court’s ruling that real estate photography provider VHT was entitled to statutory damages for 2,700 photos infringed by Zillow even though VHT had registered all of the works at issue as part of a single database.

Registration 52

Registration Copyright Publishing Copying 52

LexBlog IP

JANUARY 11, 2023

The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Registration of a mask work with the Copyright Office provides certain legal benefits, including the ability to bring a lawsuit for infringement of the mask work. Registration of a Mask Work.

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Registration Designs Design Copying 40

azrights

OCTOBER 27, 2021

They copy business models, and any aspect of a business’ successful branding, be it, by introducing new features, copying its positioning, or even using similar names or brand identifiers. Some will copy blatantly, others are more savvy so will copy what they calculate they can get away with. Take Coca Cola as an Example.

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Branding Branding Brands Copying 52

Technology & Marketing Law Blog

AUGUST 31, 2021

Factor three : The entirety of the work was copied. Philpot is a serial litigant. IJR raised issues with Philpot’s registration (that it contained both published and unpublished photographs). The court says there are factual disputes as to validity of the registration. The second factor weighs slightly against fair use.

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Fair Use Journalism Licensing Marketing 143

LexBlog IP

DECEMBER 8, 2021

On October 12, 2021, the China National Intellectual Property Administration (CNIPA) announced that from January 1, 2022, the CNIPA will issue only electronic copies of trademark registration certificates regardless of whether applications were filed as standard paper filings or as e-filings. 453) — can be accessed here.

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Registration Trademark Intellectual Property Copying 40

Kluwer Copyright Blog

SEPTEMBER 13, 2023

Proponents argued that the CCB would offer rightsholders a low-cost, efficient alternative to litigation in federal courts (which can easily cost over $100,000 to litigate), allowing small creators to more effectively defend their rights. Deal (another known and aggressive serial copyright litigant).

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Copyright Litigation Copying Journalism 83

Technology & Marketing Law Blog

JUNE 8, 2024

” That prompted this litigation. ” But the trademark registration was over 5 years old, so it had become “incontestable.” Still, there should be many circumstances where descriptive fair use permits the defendant to use the term “Texas tamale” in the ad copy. ” Uh oh.

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Trademark Advertising Advertising False Advertising 129

SpicyIP

SEPTEMBER 11, 2023

Tejaswini writes on this order by the Division Bench and its subsequent acknowledgment by the court, highlighting how this order can correct the practice of granting unfair ex parte ad-interim interim injunctions in Trademark litigation disputes. Dr. Reddy’s Labs Ltd. Promoshirt SM SA v. Armassuisse and Anr. Apollo Hospitals Enterprise Ltd.

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Registration Trademark Copyright IP 105

43(B)log

MARCH 1, 2022

Amount/substantiality: Accepting his allegation that the passage was the heart of the work, the court saw no need to separately address his argument that the separate registration meant that the school district copied the “whole” work. If that were all, copying the WIN Passage would be qualitatively significant. NXIVM Corp.

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Fair Use Social Media Licensing Marketing 90

SpicyIP

SEPTEMBER 8, 2023

A trio of recent orders from these cases has raised both eyebrows and hopes of IP litigators for witnessing a shift in the Court’s stance on granting ex parte interim injunctions to be considered not only on procedural grounds but also on substantive grounds.

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Registration Trademark Marketing Marketing 111

Patently-O

JULY 19, 2023

It is common for litigation to assert both. Because the federal trade secrecy right is so new (and no registration is available), it is still unclear whether we’ll see the same result. With trademark law, the federal right has been around since 1870 and today occupies most of the space.

Privacy 98

Privacy Trademark Law Fair Use Trademark 98

IP and Legal Filings

JANUARY 8, 2023

modification, and other forms of copying of the work fall under this category. Contingent liabilities, or funds saved in case of a potential litigation, may result from infringement instances. The Indian Government enacted The Copyright Act of 1957 to protect the rights of artists from getting copied or pirated. The Tips v.

Copyright 98

Copyright Copyright Infringement Music Copying 98

Technology & Marketing Law Blog

AUGUST 18, 2022

The Copyright Office registered this work: The registration makes sense with the landscape backgrounds. 400 in damages after 4 years of litigation won’t put a smile on anyone’s face. This is a messy case with complex facts. Start with my prior blog post. The case involves stickers for automobile climate control dashboards.

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Cease and Desist Fair Use Copyright Blogging 122

Shades of Gray

OCTOBER 12, 2020

Here is a summary of the categories of money damages available in a copyright infringement litigation. If a defendant makes 100,000 unauthorized copies of a single registered book and a jury finds the copies infringing, the plaintiff may only seek a single award of statutory damages.

Copying 52

Copying Litigation Registration Licensing 52

SpicyIP

AUGUST 30, 2024

Gautam Tank (discussed here ) with respect to the exercise of the powers under Section 57(4) when the party had failed to comply with section 124(1)(b) of the TM Act before challenging the validity of this registration when a trademark infringement suit was already pending. MadHC assigned an original petition number to such a counterclaim.

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Trademark Registration Intellectual Property Copying 105

Technology & Marketing Law Blog

AUGUST 30, 2023

The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. The litigants directly compete. It would be accurate to classify this ruling as another trademark owner loss in a competitive keyword advertising case, despite the fact that the trademark appears in the ad copy.

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Advertising Advertising False Advertising Trademark 98

IP Tech Blog

MAY 18, 2023

Because the jury is charged with determining whether the defendant copied original elements of the copyrighted work, Judge Gilstrap held an evidentiary “copyrightability” hearing to “filter” out the non-original, non-copyrightable elements of the plaintiff SAS’s software. Because SAS failed to do so, Judge Gilstrap dismissed SAS’s claim.

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Copyright Public Domain Copying Litigation 57

SpicyIP

JANUARY 23, 2023

The Battle Between Moderna and Pfizer/BioNTech Continues The litigation surrounding mRNA patent thickens in the USA as Pfizer/ BioNTech files defence and counterclaims against the patent infringement allegations made by Moderna. Litigation pertaining to ‘Ismail Building’ trademark settled. Case: Marie Gold Realtors Pvt.

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Designs Design Invention Registration 105

43(B)log

FEBRUARY 17, 2025

screenshot from alleged astroturf website Papaya also alleged that Skillz had engaged in copyright and trademark infringement by copying specific games. The complaint indicated that the article was about this litigation: a judicial proceeding.

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False Advertising Advertising Advertising Trademark 52

Garrigues Blog

OCTOBER 19, 2021

weigh up and anticipate what a litigation case entails in the big picture and in light of your business. Successful products and services are likely to have their trademarks copied. Therefore, before emabarking on any enforcement action, you need to gather as much information as possible on the entity copying your trademark(s).

Trademark 59

Trademark Cease and Desist Registration Litigation 59

LexBlog IP

APRIL 12, 2023

Please email Jim Gatto (with the words “AI Guide” in the subject) for a copy of the Guide and/or if you are interested in the webinar details. A summary of this guidance is here. A date and details for the webinar are being finalized.

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Copyright Registration Music Copyright Law 52