Patently-O

JANUARY 4, 2024

2024) A recent copyright infringement lawsuit filed by small Boston intellectual property boutique Hsuanyeh Law Group PC (HLG) against international giant Winston & Strawn LLP focuses a dividing line that can highlight when copying the work of another firm is permissible. Winston & Strawn , 23-cv-11193 (S.D.N.Y.

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TorrentFreak

SEPTEMBER 30, 2021

The three models argued that Cloudflare directly infringed their rights by making copies of the copyrighted works on its servers and deliberately marketing its service to pirate sites. This includes the suggestion that Cloudflare marketed its service to pirate sites. No Direct Infringement (for now).

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Copyright Lately

AUGUST 19, 2024

The plaintiffs allege that Ross hired a third-party contractor to unlawfully copy Westlaw content—including its proprietary Key Number System and case headnotes—in order to train Ross’s own AI-driven natural language legal search engine. Sorry, future jurors.)

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Technology & Marketing Law Blog

DECEMBER 27, 2021

The application of this principle to this case is easy: the elements that Defendants allegedly copied from Coscarelli’s cookbooks are primarily lists of ingredients and directions for combining them. Esquared appeared first on Technology & Marketing Law Blog. ” Really?

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Technology & Marketing Law Blog

JUNE 27, 2023

Copying-in-Fact. If a plaintiff can’t show mechanical copying through direct evidence, it can establish copying inferentially by showing that the defendant had access to the copyrighted work and that it’s improbable the works’ similarities were due to the defendant’s independent creation. VINDICATED!!!

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TorrentFreak

FEBRUARY 28, 2024

In all cases, whether on physical cartridges or supplied as digital downloads, Switch games contain security measures designed to prevent copying or being run on unauthorized devices. Nintendo says 100% of the copies available were necessarily pirated copies and every user who obtained a copy did so without paying for the game.

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SpicyIP

JANUARY 27, 2023

Glenmark made out the case that in September 2022 it had received reports of counterfeit Telma and Telma-AM products being sold in Delhi markets. The plaintiff emphasized that the defendant had copied the trade mark, trade dress, and get up of the genuine products.

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TorrentFreak

JUNE 30, 2023

government as markets for piracy and counterfeits were present in the data set,” the article added. The present lawsuit will be closely watched by AI enthusiasts and rightsholders. “At least 27 other sites identified by the U.S. According to several experts, that defense could likely apply to AI training cases.

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TorrentFreak

SEPTEMBER 20, 2021

Whether it’s movies, music, software or other goods, US companies are among the market leaders. US companies also have a clear presence in China which, with more than a billion potential consumers, is a massive market. Legitimate platforms present problems too. These allow pirates to play copies of games on their consoles.

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TorrentFreak

JUNE 4, 2024

For good measure, they also marketed them as such. The Switch Emulators Guide was presented in the context of piracy, something made clear by a note on the main page of the original repo which stated that the tutorial was made, in part, for use on the /r/NewYuzuPiracy subreddit.

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TorrentFreak

OCTOBER 21, 2023

The piracy group repeatedly opened “screener season” by releasing leaked copies of upcoming films. EVO was also the first to release an early Blu-ray copy of ‘Spider-Man: No Way Home’ last year, and a high-quality copy of the blockbuster “Dune” in 2021, ahead of its official U.S.

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TorrentFreak

JULY 29, 2021

There are a few key differences between the music companies’ repeat infringers lawsuits and the present one. should also block all alleged pirate sites that are listed in the USTR’s annual overview of notorious markets. — A copy of the movie companies’ complaint against WOW! YTS Evidence.

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Kluwer Copyright Blog

JULY 27, 2022

Almost 3 years after the adoption of the Digital Single Market ( Directive (EU) 2019/790 ) (CDSM Directive), its transposition by the Member States (MS) has proved to be a significant challenge. Source: European Copyright Society. MS should be vigilant that the public interest and the harmonizing goal sought by Article 5 is duly satisfied.

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Technology & Marketing Law Blog

AUGUST 31, 2021

” Factor four : The court acknowledges that a market exists for plaintiff’s photos, but the transformative nature of defendant’s use “mutes” the degree of market substitution. The articles present the subjects in exactly the same light as the photographs. Factor three : The entirety of the work was copied.

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Technology & Marketing Law Blog

JANUARY 9, 2022

A plaintiff presented evidence that she claimed was from her iPhone 5 (which can only run up to iOS10), but actual emoji symbol depicted in the evidence was only available on iOS13 or higher. The post 2021 Emoji Law Year-in-Review appeared first on Technology & Marketing Law Blog. Other Top Developments. When exactly?

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SpicyIP

MAY 1, 2023

Essentially, they have argued that copyrighted works should be allowed to be copied for non-expressive uses, such as AI learning to recognise stop signs, self-driving cars or learning how words are sequenced in conversations, but argued that the question of fair use should become tougher when learning is being done to copy expressions.

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SpicyIP

NOVEMBER 18, 2021

I shall first briefly summarise the test to be applied and then assess the facts of the present dispute in light of the standard. Section 52(1)(a) specifically is important for the purpose of the present debate. Additionally, the character of use in the present case is also arguably transformative in nature. Section 52(1)(a).

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TorrentFreak

OCTOBER 16, 2021

This week, beIN Media Group and subsidiary Miramax submitted their recommendations to the Office of the United States Trade Representative for the purposes of the USTR’s 2021 Out-of-Cycle Review of Notorious Markets. One pirate IPTV provider in particular appears to be a major concern. Many Other Pirate IPTV Providers Pose a Threat.

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Technology & Marketing Law Blog

SEPTEMBER 29, 2024

.” Amount Taken “Defendants assert that it was necessary to copy each tattoo in its entirety to depict real life accurately. ” Market Effect This factor weighed in favor of the defense. Damages “Alexander presented no evidence at trial that would support the jury’s damages award.

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SpicyIP

AUGUST 8, 2024

This is what was seen in the recent case of M/s KG Marketing of India v. KG Marketing India, through its proprietor, Mr. Karan Kumar, against Rashi Santosh Soni and Santosh Soni (the defendants) to seek an injunction to prevent the use of the trademark “SURYA”. Rashi Santosh Soni & Anr.

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43(B)log

FEBRUARY 21, 2024

He posted about the app on social media but didn’t encourage others to do so; he didn’t have a written business or marketing plan before launch, and he did not create investor presentations, solicit investors, or raise capital. All of Peloton’s marketing materials that mention the term ‘Bike+’ are also branded with the [Peloton] mark.”

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TorrentFreak

OCTOBER 25, 2021

Six major ISPs – BT, EE, Plusnet, Sky, TalkTalk and Virgin Media – control more than 90% of the fixed line broadband market in the UK. “In my view the Target Websites do authorize infringing acts of copying by users, and indeed positively encourage and facilitate it.

Copying 144

Copying IP Copyright Copyright Infringement 144

TorrentFreak

OCTOBER 13, 2021

In response to a request from the Office of the US Trade Representative (USTR), the Entertainment Software Association (ESA) has submitted a list of so-called ‘Notorious Markets’ to the US government. However, the ESA highlights the importance of the site to the Nintendo Switch piracy market. “As the U.S.

Reporting 137

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TorrentFreak

APRIL 5, 2024

Pressure Increases on Players in the Illicit Market In common with its counterparts in Europe, Sweden had already been paying more attention to those involved in the supply and sale of pirate IPTV subscriptions. “The Patent and Market Court of Appeal assesses that it is already evident from L.K.’s

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SpicyIP

JULY 5, 2021

The present post discusses the (mis?)application The appellant sought a copy of a PhD Thesis titled “Studies on some nitrogen fixing genes of Azotobacter vinelandi” from Jamia Millia Islamia, a central university and public authority for the purposes of RTI Act. detailed progress reports, pre-Phd presentations, Viva voce etc).

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Kluwer Copyright Blog

JUNE 20, 2023

This doctrine has a significant effect on the economic vitality of the NFT industry, especially when it comes to ‘online exhaustion’ and the prospect of a secondary market in digital content. Firstly, in conformity with the CJEU’s 2012 UsedSoft case, the exhaustion doctrine applies to first sales of computer software copies.

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Technology & Marketing Law Blog

AUGUST 30, 2023

Nursing CE Central” is a descriptive mark with “a weak secondary meaning… the plaintiff makes no meaningful showing that the public, or even those in the market in which it competes, readily recognizes its name.” ” Marketing channel. ” Relatedness of goods. The litigants directly compete. Mark similarity.

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TorrentFreak

JANUARY 31, 2024

Each year around the end of January, the Office of the United States Trade Representative ( USTR ) publishes its annual review of so-called ‘notorious markets’ known for their connections to intellectual property crime. “Cuevana’s use of multiple domains has allowed variants of the site to remain operational.

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Technology & Marketing Law Blog

MAY 30, 2022

Judging from the Rusty Krab’s marketing efforts and social media promotion as detailed in Viacom’s complaint, the pop-up was far more focused on providing the backdrop for Instagram-worthy selfies than it was on producing edible food. the pop-up is not a joke nor is it a presentation of ridicule or satire.”.

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Patently-O

AUGUST 17, 2021

Valve submitted a printout of Burns and argues that it was a printed copy of an online review of a Scuf controller from 2010. The Board had refused to compare the two documents since Valve had not presented any testimony that the two were substantially identical. ” Fed. the prior art disclosures of these documents are the same.

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Patently-O

AUGUST 23, 2021

Copying of the design by a third party. On appeal, the Federal Circuit rejected these considerations — finding a lack of nexus between the scope of the claims and the commercial success, praise, and copying. However, nexus can be presumed when the patent is commensurate in scope with the product being sold/praised/copied.

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SpicyIP

JUNE 26, 2024

An interesting side note, one of our former bloggers, Rahul Bajaj, is representing the petitioner in the present case. The Treaty mandates member countries to enforce exceptions or limitations in their respective copyright laws to allow for reproduction and distribution of accessible copies of original works for PwDs.

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Kluwer Copyright Blog

NOVEMBER 16, 2023

Pursuant thereto, the copyright holder is no longer entitled to control the further distribution of a copy of their work after that copy had been put on the market with the rightholder’s consent. The exhaustion doctrine was conceived with physically sold hardcopies in mind. Some commentators have remarked (e.g.,

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TorrentFreak

FEBRUARY 6, 2023

For the past several years, Chinese-manufactured Ubox IPTV boxes have flooded the market in Taiwan. In a report dated October 2022, in a section dedicated to Taiwan, the MPA describes Unblock Tech in detail, noting that its ‘Ubox’ devices present an “enormous piracy and enforcement” challenge. Government.

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Reporting Copyright Law Government Copyright 140

TorrentFreak

AUGUST 8, 2024

A Mountain to Climb The world-famous news publications mentioned above have faced considerable challenges with the transition to digital, including unauthorized digital copies of their products being made available online by pirate sites. That often means that background documentation is available from public sources.

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TorrentFreak

FEBRUARY 15, 2024

Given the ongoing shift in the TV market away from terrestrial and satellite delivery in favor of IP-based services, cloud recording services are no longer the big deal they once were. TVkaista said that since its service was similar to a VCR or a DVR, that would be legal under Finnish law since private copying is permitted for personal use.

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TorrentFreak

DECEMBER 8, 2022

After gaining serious momentum over the past seven years, the pirate IPTV phenomenon is now a major challenge for the entire audiovisual entertainment market. While at times unpredictable, pirate subscriptions are now viewed as a credible market alternative. And when cost enters the equation, there can only be one winner.

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