IP and Legal Filings

DECEMBER 16, 2024

It reviews the growing importance of the protection of non-traditional trademarks within the fashion world in assessing how firms use trade dress to create and maintain an identity that may thrive within market competition. Recent court decisions such as Christian Louboutin v. Yves Saint Laurent [1] and Herms v.

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Kluwer Copyright Blog

SEPTEMBER 19, 2023

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. On the one side, it ruled out the inclusion of a specific type of copying systems in the scope of the private copy exception.

Copyright Law 131

Copyright Law Copying Copyright Law 131

TorrentFreak

DECEMBER 15, 2023

On the flip side, it also presents several threats. Tthese copyright concerns will be discussed next month at a meeting of WIPO’s Advisory Committee on Enforcement, where several stakeholders will present their thoughts. At the same time, it also presents new challenges. But that’s just the tip of the iceberg.

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Technology & Marketing Law Blog

MARCH 11, 2022

In response, Newman, the community moderator, copied all of the community’s posts and uploaded them to Dreamwidth–an action we used to call “mirroring” in the old days. “Newman did not create the original allegedly defamatory posts on LiveJournal…Newman copied the allegedly defamatory posts from LiveJournal to Dreamwidth verbatim.

Fair Use 130

Fair Use Copying Copyright Publishing 130

TorrentFreak

NOVEMBER 16, 2021

The company demanded damages under copyright law claiming that the team “willfully and maliciously” copied, adapted and distributed its source code and other content without permission. This leads to the question of whether the alleged conduct of the defendants affected the market for those games and if so, in what way.

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Fair Use Copying Copyright Copyright Law 145

SpicyIP

OCTOBER 27, 2024

The Court held that the defendants had copied the plaintiff’s mark and passed off their products as those of the plaintiff. The plaintiff claimed that the defendant was not a subscriber to the plaintiff’s subscription agreement/license for receiving news content and copied its content verbatim, despite a cease-and-desist notice.

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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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Copyright Fair Use Copying Marketing 133

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 Infringement Advertising Advertising Copyright 144

Traverse Legal Blog

MARCH 26, 2025

Understanding the Compliance Trifecta: Amazon Guidelines, FDA Rules, and FTC Marketing Regulations Publishing in the health space doesnt just demand compelling contentit requires navigating a complex and overlapping web of rules. FTC marketing guidelines are available to help. Each has its own mandate.

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Brands Branding Branding Marketing 52

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.

Copying 130

Copying Publishing IP Reporting 130

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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Copyright Social Media Copying Blogging 144

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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Copying Technology Copyright Reporting 127

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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Plagiarism Fair Use Copying Copyright Infringement 124

TorrentFreak

JUNE 2, 2022

In the meantime, unofficial ‘scanlation’ groups stepped in to meet demand with their scanned and translated copies, leaving official suppliers to play catch-up and pirate sites to reap the benefits. As a result, companies including Tokyo-based publisher Shueisha and US-based publisher VIZ Media now have a big piracy problem.

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Publishing Copying Copyright Infringement Copyright 145

IP and Legal Filings

JANUARY 2, 2025

The emergence of social networking sites has presented new difficulties for the government in defending the owners’ copyrights. Both individuals and organisations may now share, communicate, and market their goods or themselves.

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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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Copyright Artwork Copying Social Media 98

Copyright Lately

DECEMBER 29, 2024

In a January 2024 report and recommendation later adopted by the court , the magistrate judge found that the repost infringed the plaintiff’s display right simply because it shows a copy of the photo on Chicken Joes social media account. The fallout goes far beyond the music industry. “Yes your honor.

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Copyright Social Media Cease and Desist Fair Use 116

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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Copyright Social Media Government Copyright Infringement 145

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.

Copyright Infringement 145

Copyright Infringement Fair Use Copyright Journalism 145

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.

Copyright Infringement 145

Copyright Infringement Copyright Music Settlement 145

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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Copyright Marketing Marketing Copyright Law 98

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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Fair Use Journalism Licensing Marketing 143

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

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).

Reporting 116

Reporting Copyright Copyright Infringement Marketing 116

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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IP Licensing Fair Use Moral Rights 129

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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Reporting Marketing Marketing Television 142

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.

Copying 125

Copying Technology Designs Design 125

Copyright Lately

OCTOBER 20, 2024

American asserted that Skiplagged infringed its trademarked and copyrighted flight symbol when presenting search results. Skiplagged’s defense also highlighted its website’s disclaimers, which warned users that hidden city ticketing “may upset the airline” and marketed itself as exposing fares airlines “don’t want you to see.”

Copyright 83

Copyright Fair Use Social Media Business 83

IPilogue

DECEMBER 9, 2022

The court opined that the dispute to copying does not arise as the defendants had admitted to copying the tattoo. 2016) it stated that the burden is on the Defendant to prove the copying was authorised. Citing Muhammad-Ali v. Final Call, Inc., 3d 755, 761 (7th Cir. Would Alexander Have Won this Case in Canada?

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Fair Use Copying Licensing Copyright 111

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 140

Reporting Government Marketing Marketing 140

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.

Copyright 116

Copyright Fair Use Licensing Blogging 116

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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Kluwer Copyright Blog

JANUARY 9, 2025

In a recent chapter, Ryan Abbott and Elizabeth Rothman present the utilitarian argument for granting copyright in AI-generated works (hereafter AIGW). Creating the first copy of an original work is often a costly endeavour. And so we have a market failure. In response, this post outlines my scepticism. I am doubtful.

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Copyright Technology Public Domain Marketing 64

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 145

Copying IP Copyright Copyright Infringement 145

Kluwer Copyright Blog

FEBRUARY 28, 2024

Over the course of a decade, Google copied large volumes of books and made them available online, both through excerpts, known as “snippets”, and as entire publications. As in the present context, the initial concern of copyright holders was that their consent had not been acquired by Google prior to scanning their works.

Fair Use 138

Fair Use Copyright Moral Rights Copyright Law 138

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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