SpicyIP

NOVEMBER 11, 2024

Taming the ‘LAION’: Lessons for Harmonising AI and Copyright Law Unpacking the Hamburg Regional Court’s landmark ruling in Robert Kneschke v. Tanishka Goswami explores how text data mining can qualify as an exception to copyright infringement. Read her analysis on the evolving intersection of copyright law and AI!

Personality Rights 104

Personality Rights Trademark Social Media Patent Law 104

IP and Legal Filings

JUNE 12, 2023

Parody is often taken as a defence in trademark infringement suits. and will it amount to trademark infringement? This issue was addressed in TATA case by in which the primary issue before the court regarded a violation under the Trademark Act. Tata filed a petition for defamation and trademark infringement, and sought damages.

Copyright Law 105

Copyright Law Copyright Law Copyright Infringement 105

IPilogue

JANUARY 28, 2022

After spending the past two summers working for an IP boutique firm involved primarily in patent and trademark matters, I relished the opportunity to learn about copyright law outside of the classroom. The grind of law school can sometimes overwhelm, and students can often lose sight of other perspectives.

Copyright Law 111

Copyright Law Copyright Law IP 111

Kluwer Copyright Blog

OCTOBER 3, 2022

Welcome to the third trimester of the 2022 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. Photo by Markus Spiske on Unsplash. You can read the previous round-ups here. European Commission, European Media Freedom Act.

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Copyright Law Copyright Law Music 119

The Illusion of More

JULY 25, 2023

Citing the class action lawsuits Andersen and Tremblay, I predicted that if the courts do not find that ML unavoidably violates the reproduction right (§106(1)), copyright law may not offer much relief […] The post AI Machine Learning: Remedies Other Than Copyright Law? appeared first on The Illusion of More.

Copyright Law 98

Copyright Law Law Copyright Art 98

IP and Legal Filings

APRIL 19, 2022

Although Section 81 of the IT Act specifies that the prohibitions of Section 79 do not preclude anyone from exercising any rights allowed under the Copyright Act 1957, intermediaries are exempted from accountability for copyright infringement. As a result, the IT Act’s obligations have precedence over all other laws.

Copyright Law 97

Copyright Law Copyright Law Copyright Infringement 97

Kluwer Copyright Blog

SEPTEMBER 1, 2021

Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). Three interesting cases on derivative works, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g.

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Derivative Work Copyright Law Copyright Law 111

IP Watchdog

OCTOBER 25, 2021

Patent and Trademark Office hosts an event exploring the intersection of copyright law and artificial intelligence, while the Hudson Institute takes a look at studies by the USPTO and the U.S. Copyright Office on state sovereign immunity from IP infringement suits. Elsewhere, the U.S.

Copyright Law 105

Copyright Law IP Copyright Law 105

Velocity of Content

OCTOBER 20, 2021

ET), the US Copyright Office, and the US Patent and Trademark Office are co-hosting a three-part discussion on “ Copyright Law and Machine Learning for AI: Where Are We Now and Where Are We Going?” behind much of the social-media-industrial complex that shapes so much of our modern digital environment.

Copyright Law 105

Copyright Law Copyright Social Media Law 105

IP Watchdog

MARCH 17, 2023

Patent and Trademark Office updates Patent Term Extension listings to add Food and Drug Administration and Department of Agriculture information following collaboration initiatives; the U.S.

Copyright Law 105

Copyright Law Copyright Law Trademark 105

Kluwer Copyright Blog

JUNE 16, 2021

US copyright law does not protect remasters, as they lack originality. In this case the US Court of Appeals held that digitally remastered sound recordings could not be protected by federal copyright law. More from our authors: Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty.

Music 98

Music Copyright Law Copyright Law 98

TorrentFreak

FEBRUARY 16, 2024

Lawsuits filed in the United States targeting pirate sites usually focus on breaches of copyright law, typically direct and secondary infringement, or violations of the DMCA, depending on individual circumstances.

Copyright 133

Copyright Trademark Copyright Infringement Registration 133

SpicyIP

FEBRUARY 3, 2025

Can ‘Machine Unlearning’ ensure compliance with copyright laws? SpicyIP Tidbit: The Evergreen Conundrum: DHC Grants Interim Injunction to Evergreen Sweet House in a Trademark Dispute In a recent trademark dispute between Evergreen Sweet House v. Kirloskar Brothers Ltd.

Copyright 95

Copyright Trademark Litigation Copyright Infringement 95

JD Supra Law

JULY 18, 2022

Kilpatrick Townsend’s Ted Davis recently spoke at the New York Intellectual Property Association at its “Hot Topics in Trademark and Copyright Law” seminar. Mr. Davis presented on “Combating Misrepresentations in Trademark Prosecution and Maintenance.” Please see full article below for more information.

Trademark 95

Trademark Intellectual Property Copyright Law Copyright 95

Kluwer Copyright Blog

JUNE 30, 2021

More decisions like the ruling in Brown v Netflix will certainly help restore the right balance between the interest of copyright owners and those of documentary makers, by affirming a robust fair use space which allows said filmmakers to use necessary raw material. by Tito Rendas. € by Martin Senftleben. €

Fair Use 105

Fair Use Copyright Law Copyright Law 105

SpicyIP

OCTOBER 14, 2024

Other Posts Hachette Book Group v Internet Archive: Archiving Access to Information or Strengthening Copyright Laws? The plaintiff claimed to have used the trademark “POLO” since 1967. The defendant did not claim ownership of the “Levi’s” trademark and only denied selling such goods.

Trademark 105

Trademark Registering Trademarks IP Copyright 105

Plagiarism Today

APRIL 13, 2022

2: Morocco Pledges to Strengthen Copyright Law Under New Bill. Copyright Office, is primarily tasked with advising creators and helping them manage their rights. Omi in a Hellcat rose to prominence and wealth by operating an illegal IPTV service that allowed subscribers access to copyright infringing material.

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Brands Branding Branding Licensing 245

Kashishipr

AUGUST 4, 2021

The presence of cryptocurrency is constantly growing, and therefore, it needs the law to transform along with it to address its administration and execution. Several courts have had trouble in applying substantive Trademark Law to this field of technology. Can Cryptocurrencies be Protected under the Trademark Law?

Trademark 105

Trademark Trademark Law Intellectual Property Ownership 105

Copyright Lately

OCTOBER 20, 2024

Yes, there was a copyright infringement claim in the mix, based on Skiplagged’s use of American’s “flight symbol” logo. But that was a sideshow to the airline’s more substantial trademark claims and allegations of consumer confusion. Skiplagged’s disclosures about “hidden city” ticketing.

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Copyright Fair Use Social Media Business 91

Trademark and Copyright Law Blog

OCTOBER 17, 2022

Matters relating to copyright, trademark and advertising law give rise to some special ethical considerations. Oaths filed with the Patent and Trademark Office, and who should sign them. Ethical duties are paramount in any legal practice. Even unintentional missteps can be detrimental to the attorney, and their client.

Advertising 75

Advertising Advertising Trademark Copyright 75

Trademark and Copyright Law Blog

JULY 9, 2020

On June 30, amidst the traditional flurry of end-of-term opinions, the Supreme Court issued its decision in the first case to have been argued before it via teleconference, United States Patent and Trademark Office et al. Yes, Booking.com can now obtain a federal trademark registration and can use the ® symbol with its mark.

Trademark 93

Trademark Registration Trademark Law Fair Use 93

IIPRD

JANUARY 7, 2025

AI AND TRADEMARK Trademarks give brand owners exclusive rights by identifying the source of goods or services. The likelihood of trademark infringement rises with the increasing prevalence of AI-generated material. Now, all it takes to replicate the diligent effort of a trademark owner is a few AI commands.

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IP Intellectual Property Invention Inventor 98

IPilogue

FEBRUARY 16, 2023

On November 7, 2018, Pest Control, Banksy’s authentication body, filed an EU trademark claim on behalf of the artist for Laugh Now. Typically, artists protect their artwork using only copyright law. However, artists are required to reveal their identity when claiming copyright infringement. street artist Banksy.

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Trademark Artwork Registration Art 105

Intepat

DECEMBER 18, 2024

In 2024, Indian courts delivered several landmark judgments in the field of intellectual property (IP), addressing challenges that range from traditional trademark disputes to modern issues like copyright in AI training and digital piracy. Trademark Judgments Limits of Trademark Exclusivity : Pidilite Industries Ltd.

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Intellectual Property Trademark Copyright Television 52

Intepat

APRIL 25, 2025

These disputes revolve around issues of copyright infringement, trademark violations, and ownership of digital assets, presenting novel challenges to intellectual property (IP) law. Trademark Violations and Brand Identity Trademark violations have emerged as a significant legal challenge within NFT-based fashion disputes.

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IP Brands Branding Branding 52

The IP Law Blog

JANUARY 19, 2023

It’s always good to start off the year with an overview of trademark and copyright cases to watch. based remote-control maker Hetronic International sued its former European partner Abitron Austria for trademark infringement. Of course, Hetronic disagrees and contends that trademark law under the Lanham Act extends beyond U.S.

Copyright 97

Copyright Trademark Fair Use Contracts 97

Likelihood of Confusion

APRIL 19, 2025

We’ve blogged before and even taken to the airwaves to discuss the political abuse of YouTube’s terms of use, the copyright laws and the trademark laws. Republished by Blog Post PromoterYouTube is at it again, or something.

Blogging 52

Blogging Trademark Law Copyright Law Trademark 52

Plagiarism Today

SEPTEMBER 1, 2022

However, A&E contends that the new series is an infringement of Live PD and, as such, are suing for both copyright and trademark violations. 2: HC Directs Telegram to Disclose Details of Channels Violating Copyright Law. They are seeking punitive damages and injunction barring further work on Live PD.

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Reporting Television Copying Intellectual Property 246

IP Watchdog

MAY 20, 2022

This week in Other Barks & Bites: the European Commission sent notice to several EU member states directing them to codify recent rule changes to EU copyright law; a WIPO report shows that China has a significant lead in global patent application filings for hydrogen fuel cell vehicle technologies; Judge O’Grady is removed from the criminal copyright (..)

Copyright 105

Copyright Trademark Copyright Law Advertising 105

Trademark and Copyright Law Blog

OCTOBER 26, 2023

Those activities are all well and good – and I fully appreciate that “ bobbing for apples ” wasn’t listed because, let’s be honest, that’s really gross – but as we’re the Trademark & Copyright Law blog, allow me to focus on something a bit closer to home: apple trademarks. But let’s talk trademarks.

Brands 72

Brands Branding Branding Trademark 72

Intepat

APRIL 27, 2025

Copyright law serves as the bedrock of Music IP, safeguarding the original artistic expressions embodied in musical compositions and sound recordings. Copyright grants exclusive rights to creators, empowering them to control the reproduction, distribution, performance, and adaptation of their musical works.

Music 52

Music IP Intellectual Property Brands 52

JD Supra Law

MAY 26, 2022

A considerable amount of trademarks may also be protected by Chinese Copyright Law, when they meet the requirements of “work”. And the protection to works is NOT limited by the classification of goods, so claiming prior copyright has its advantages in trademark opposition and invalidation cases.

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Trademark Copyright Copyright Law Registration 71

The IP Law Blog

NOVEMBER 12, 2021

As a result, it is seeking an injunction precluding the baseball team from using the trademark. According to Cleveland Roller Derby, a non-profit entity, despite being valued at over $1 billion, the baseball team is trying to bulldoze the roller derby team’s superior trademark rights to the Guardians name.

Trademark 98

Trademark Social Media IP Intellectual Property 98

IPilogue

JULY 22, 2021

On June 8 th , the Federal Court of Australia ruled that AGL Energy, Australia’s largest electricity generator, failed to establish its trademark and copyright infringement claim against Greenpeace , an international environmental activist organization. In trademark law, a trademark owner can invoke s.

Law 105

Law Copyright Law Trademark Copyright 105

The IPKat

NOVEMBER 7, 2023

Despite the relatively limited legislative harmonization, over the past several years the copyright laws of individual EU Member States have nevertheless become more and more harmonized, also thanks to the pivotal role played by the Court of Justice of the European Union (which I examine here ).

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Copyright Copyright Law Intellectual Property Marketing 130

Intepat

OCTOBER 23, 2024

This article delves into the intricate relationship between copyright and moral rights, highlighting their significance in protecting creators’ integrity, especially in the digital age. Copyright law primarily focuses on the economic rights of creators, granting them exclusive control over the use and distribution of their works.

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Moral Rights Copyright Intellectual Property Copyright Law 52

Intepat

DECEMBER 30, 2024

Both trademark and copyright law offer avenues for such protection, which inevitably results in an overlap between the two legal frameworks. This discussion will explore the interplay between trademark and copyright laws in safeguarding product packaging.

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Trademark Copyright Artistic Work Copyright Law 52