Copyright Lately

OCTOBER 20, 2024

At trial, American focused primarily on its trademark infringement and unfair competition claims, arguing that Skiplagged misled consumers by making itself appear like an authorized agent of the airline, in part by using American’s logo in ways that could cause confusion. Here, the jury sided with the airline, awarding $4.7

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Copyright Fair Use Social Media Business 86

IP Law 360

MARCH 14, 2024

fairly used the phrase "red gold" to describe the color of its products after a California jeweler with a 2003 trademark registration battled the Swiss watchmaker over its use of the phrase. A split Second Circuit panel on Thursday affirmed a Connecticut federal judge's decision that Breitling USA Inc.

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Fair Use Registration Trademark 52

LexBlog IP

MAY 3, 2022

The WIN Passage is subject to a separate copyright registration and he offers licenses for its use. The school district invoked the fair use defense and moved to dismiss the claim for failure to state a claim. One of the passages in the book that is well known is entitled the WIN Passage.

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Fair Use Social Media Copyright Marketing 52

Technology & Marketing Law Blog

OCTOBER 17, 2022

” They mostly are a licensing organization, and their registrations are in a wide range of classes: “from articles of clothing and snacks to ‘orthopaedic foot cushions’ and ‘[p]atient safety restraints.'” The trademark registrations discourage that outcome. That’s messed up. How messed up?

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Trademark Fair Use Registration Licensing 124

Technology & Marketing Law Blog

NOVEMBER 21, 2021

This summer, the Copyright Review Board issued an interesting decision about the registrability of emojis. Though it won’t be the final word on the topic, the decision gives us more insights into the Copyright Office’s thinking on the matter. The examiner denied the registrations. copyright law.

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Copyright Registration Fair Use Designs 126

43(B)log

APRIL 26, 2023

IDT created an ad for its products using two images of Montana post drivers for which Creager later obtained a copyright registration. The nature of the work didn’t disfavor fair use, since they were not particularly “creative or artistic” but were made to sell post drivers. The ads used the entire images.

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Kashishipr

MAY 25, 2021

However, there are a few additional benefits that are attached to the registration. The process of seeking registration can be cumbersome and tedious. However, after the first registration is obtained, for every addition made in the form of a new video or a fresh write-up, supplementary registration may be required.

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Intellectual Property Blogging Fair Use Registration 98

LexBlog IP

MARCH 15, 2024

Plaintiff has been suing various wristwatch companies over the use of the term RED GOLD. Breitling argued that the term was generic (as it was barred from arguing that the term was descriptive, due to the registration’s incontestable status). From the decision: “Left untouched, pure gold is yellow.

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Fair Use Social Media Trademark Advertising 52

The IP Law Blog

SEPTEMBER 14, 2023

Allen originally filed for copyright registration on September 21, 2022, but did not disclose that he had used an AI system to create the work. Allen did not agree to the request and continued to request copyright registration of the entire work. Therefore, Allen asserts the final work is eligible for copyright registration.

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Art Copyright Registration Fair Use 120

Technology & Marketing Law Blog

MARCH 11, 2022

Nevertheless, the registration is worthless because Newman qualifies for fair use. The court notes that a motion to dismiss “generally provides an unaccommodating vehicle for adjudicating fair use” because it’s an affirmative defense and often fact-dependent. ” Nature of Use.

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Fair Use Copying Copyright Publishing 130

IP Watchdog

DECEMBER 10, 2021

This week in Other Barks & Bites: a recent GAO report makes several recommendations designed to improve the Department of Defense’s lack of expertise in IP valuation and licensing; The U.S.

Social Media 59

Social Media Fair Use Patent Application IP 59

Technology & Marketing Law Blog

SEPTEMBER 20, 2021

has trademark registrations in a popular dictionary word, “Emoji.” . ” Last month, in one of them, I filed a declaration stating that “Emojico appears to be running a trademark trolling operation.” ” My declaration lays out how I reached my conclusion. To summarize the declaration, I believe Emoji Co.

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Trademark Fair Use Settlement Blogging 145

Olartemoure Blog

NOVEMBER 29, 2023

Provides Stronger Defense: Registration helps defend your creations better in case of disputes. Copyright Protection: Protect your original works like photos, videos, and posts, so you can freely distribute and exploit them, but others will need your permission or a license to use it, unless “fair use” applies.

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IP Content Creation Intellectual Property Fair Use 105

Plagiarism Today

OCTOBER 26, 2021

The name Beetlejuice, for example, has multiple registered trademarks related to it including registration number 4863369, which covers the use in “Clothing for men, women and children…”. Trademark isn’t interested in the copying of the mark, but whether the use of the mark causes confusion in the marketplace.

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Trademark Copyright Cease and Desist Copying 279

JD Supra Law

AUGUST 9, 2022

???????What additional value does a copyright registration confer on a run-of-the-mill neighborhood social media post? Not a lot, it appears. Earlier this year, the First Circuit affirmed the dismissal of a lawsuit brought by one neighbor against another. By: Dorsey & Whitney LLP

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Social Media Fair Use Copyright Registration 52

SpicyIP

FEBRUARY 3, 2025

Is training of GenAI models fair use? They sought to amend the plaint under Order VI Rule 17 of CPC to incorporate subsequent events, including three new trademark registrations, updated sales turnover, and an interim order from related proceedings. Will Section 52(1)((iii) come in for OpenAI’s rescue?

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Copyright Trademark Litigation Copyright Infringement 95

IP Law 360

JANUARY 3, 2022

Supreme Court fight involving fast-fashion giant H&M over when copyright registrations should be invalidated due to errors and a fair use battle over Andy Warhol's Prince portraits are just some of the major copyright cases to look out for this year. Here are the cases you need to watch in 2022.

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Copyright Fair Use Registration 75

Kluwer Copyright Blog

FEBRUARY 2, 2023

.” (For a comment, see here ) The DABUS team (the Artificial Inventor Project ) starting testing copyright law back in 2018, seeking to register with the US Copyright Office (USCO) A Recent Entrance to Paradise , an image created by DABUS. Registration was refused in August 2019, in line with previous US case law and guidance.

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Copyright Art Registration Fair Use 145

Erik K Pelton

DECEMBER 20, 2022

And the number of active trademark registrations in the USPTO database is larger than ever. Additionally, since late December 2021, when new procedures went into effect, the USPTO has received around 100 expungement petitions and about 100 re-examination petitions to get rid of registrations for marks that are allegedly not in use.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

43(B)log

MARCH 10, 2025

Windmar has registrations with various elements including: the silhouette of the suns corona; the words WINDMAR or WINDMAR HOME; a combination of the colors orange, blue, black, and grey; and a stylized image of a windmill replacing the I in WINDMAR. It did not plausibly serve as a source-indicator for Solar Now.

Advertising 52

Advertising Advertising Social Media Fair Use 52

Technology & Marketing Law Blog

OCTOBER 26, 2021

The proposal, manuscript, and 2 photos were previously unpublished and not registered; the other 20 photos were covered by a copyright registration. The bloggers countered with fair use. The court doesn’t see it: Nature of use. The bloggers did not submit counternotices. ” Nature of work. Market effect.

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Privacy Fair Use Blogging Copyright 124

IP and Legal Filings

JUNE 26, 2023

i] Cases and registrations indicate that registrability or successful enforcement of rights can happen only if such marks have acquired distinctiveness through use or where numerals are used as a fanciful device or when the numeral is used in a descriptive sense and not as a trademark.

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Trademark Fair Use Registration Branding 96

Technology & Marketing Law Blog

OCTOBER 5, 2023

Emojico has trademark registrations in the word “emoji” for a ridiculously broad range of product categories–from (I’m not making this up) ship hulls to penis enlargers–and it then licenses the word to product manufacturers and defendants ensnared in its enforcement net. ” That’s true.

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Trademark Fair Use Trademark Law Branding 133

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 7, 2022

In recent years, she has played a key role in litigation surrounding the “Fearless Girl” statue, which was famously unveiled in New York City in 2017, as well as trademark litigation on behalf of travel metasearch engine Kayak. .

Intellectual Property 86

Intellectual Property Fair Use Litigation Trademark 86

Technology & Marketing Law Blog

JANUARY 25, 2023

After he was released from jail, he got copyright registrations for the photos and sued (pro se) the media entities for copyright infringement, 1202 violations, and more. Perhaps they have a fair use defense that would negate their need to request permission, but who knows? he’s not the sole or joint owner).

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Copyright Fair Use Licensing Ownership 124

Technology & Marketing Law Blog

MAY 30, 2022

Finally, it points out Viacom is the owner of three valid trademark registrations for the KRUSTY KRAB mark and 400 copyright registrations covering “creative aspects of the SpongeBob SquarePants franchise,” including episodes from the animated television series, movies, drawings, and stylebooks featuring artwork from the franchise.

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Blogging Social Media Television Fair Use 111

SpicyIP

AUGUST 22, 2022

The bulk of the judgement focussed on the non-commercial social-commentary aspect of the game to carve out an exception for such use, which may result in future courts holding non-commercial use as a necessary condition. The Indian counterpart of fair use in trademark law is embodied in Section 30 of the Trade Marks Act, 1999.

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Trademark Fair Use Registering Trademarks Non-Fungible Tokens 129

Velocity of Content

MARCH 16, 2023

I speculated that this was an attempt to avoid a messy fair use dispute. As I also mentioned, Microsoft’s lawyers seem to think that fair use excuses copying for AI purposes everywhere, so I would expect Microsoft to try that defense here, given its lack of other arguments. is being used as code.

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Litigation Fair Use Copying Derivative Work 98

The IPKat

SEPTEMBER 27, 2023

The USCO will use this information to analyse the current state of the law, identify unresolved issues and to advise the Congress. Midjourney The Work On 21 September 2022, Mr Jason Allen applied for copyright registration before the USCO naming himself as the author.

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Copyright Registration Artwork Fair Use 98

SpicyIP

JANUARY 13, 2025

Do robust defences such as freedom of speech, right to livelihood, public interest, and fair use offer absolute protection against infringements? The plaintiff had acquired numerous registrations in India for the MARRIOTT and MARRIOTT formative marks. Other Posts Navigating Personality Rights Does Fame Have a Trade-Off?

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Personality Rights Trademark Registration Artwork 52

SpicyIP

FEBRUARY 17, 2025

The defendant had applied for registration of the ASTELLAZ PHARMACEUTICALS mark to which the plaintiff filed an opposition. The plaintiff also alleged use of a similar domain name by the defendant and listing its product on various e-commerce websites. The plaintiff is the owner of the registered mark ASTELLAS. Oracle America, Inc.,

Trademark 58

Trademark Copyright Registration Personality Rights 58

Kluwer Copyright Blog

MAY 9, 2023

The biggest copyright law question in the EU and US is probably whether using in-copyright works to train generative AI models is copyright infringement or falls under the transient and temporary copying and TDM exceptions (in the EU) or fair use (in the US). In the aftermath of cases like Authors Guild v.

Copyright 138

Copyright Copyright Law Fair Use Law 138

TorrentFreak

JULY 14, 2024

This Will Require Some Untangling In its complaint, LifeWise claims to be the copyright owner of the curriculum, which provides it with control over the use of this copyrighted work and the right to file a copyright complaint. is the author, not LifeWise, Inc., the plaintiff in this case. on September 7, 2022.

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Copyright Licensing Fair Use Derivative Work 127

Kluwer Copyright Blog

FEBRUARY 20, 2023

.” So what is the current legal situation regarding the use of publicly available copyrighted works for the purpose of training ML systems? In Europe, the legal framework is much clearer (which probably explains why all of the current lawsuits have been filed outside the EU). New forms of collective action? The future of copyright?

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Copyright Fair Use Publishing Law 111

The IP Law Blog

JUNE 15, 2023

In 2019, the Ninth Circuit agreed with the lower Court that Zillow was “not liable for direct, secondary, or contributory infringement;” however, it had concluded that “Zillow’s addition of searchable functionality on the Digs home design webpages was not fair use.” VHT did apply for registration prior to filing the lawsuit.)

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Copyright Registration Licensing Derivative Work 98

IP Intelligence

APRIL 18, 2023

Presumably afraid that a decision one way or the other would move financial markets and have unforeseen consequences, the Court assumed the declaring code was protected by copyright and decided the case on fair use. A fair use of declaring code might not be a fair use of implementing code.

Copyright 98

Copyright Fair Use Copying Public Domain 98

Intellectual Property Law Blog

OCTOBER 3, 2023

Another argument rejected was based on Allen’s suggestion that “fair use” relates to the determination of whether a work is copyrightable. The Office retorted that fair use is a legal doctrine that permits the unauthorized use of copyright-protected works in certain circumstances, but it does not address copyrightability.

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Copyright Copyright Law Artistic Work Artwork 147