The IPKat
OCTOBER 21, 2023
This week, the Court of Justice of the European Union (CJEU) issued a preliminary ruling on enforcement of IP rights ( case C-655/21 ). In its request to the CJEU, the referring Bulgarian court had asked whether Bulgarian criminal penalties for trade mark infringement comply with Directive 2004/48/EC and the Charter of Fundamental Rights of the European Union (Charter).
TorrentFreak
OCTOBER 21, 2023
Piracy release group EVO was long considered one of Hollywood’s main targets, publishing thousands of movie and TV show titles including several high-profile releases. The piracy group repeatedly opened “screener season” by releasing leaked copies of upcoming films. These included Oscar contenders , but also several Netflix titles that originated from festival screenings.
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The IPKat
OCTOBER 21, 2023
Copyright infringement cases often provide an opportunity to explore exceptions and limitations to copyright. This time this Kat encountered a recent French case involving incidental inclusion, an optional exception/limitation to copyright under EU copyright law [ IPKat on incidental inclusion here ]. Incidental inclusion of Kats or not Facts Philippe Cuny, a sculptor specialising in mirrors and lighting, created the "Lyre" lamp.
Likelihood of Confusion
OCTOBER 21, 2023
If the federal copyright complaint that you file on behalf of your client includes an assertion that “[the d]efendants… knew or should have known that they were violating [the p]laintiff’s. The post Tell Yes artist: “No. No. Fifty million times no.” appeared first on LIKELIHOOD OF CONFUSION™.
Speaker: Blackberry, OSS Consultants, & Revenera
Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?
The IPKat
OCTOBER 21, 2023
On 18 October 2023 the President of the UPC Local Division The Hague issued an interesting order allowing the switch of the language of the proceeding from Dutch to English. Background of the case An infringement action was brought before the UPC Local Division of The Hague. The applicant chose Dutch as the language of the proceedings. The defendant filed an application referring to R. 322 and to R 323 RoP asking to change the language of the proceeding from Dutch into English.
Patently-O
OCTOBER 21, 2023
by Dennis Crouch Conventional wisdom in copyright law has been to presumptively treat all online content as protected by copyright. This approach has made sense because of the low originality standard for copyright protection. The result then has been that users would focus on whether they have a license; whether the intended use is a “fair use;” and (perhaps) whether the copyright holder is likely to discover the infringement and attempt to enforce their rights.
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