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Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] litigation finance boom of the past 20 years—as has been widely reported, private equity now undergirds huge swaths of U.S. Guest post by Jonathan Stroud. Patent assertion finance today is a multibillion-dollar business. [2]
(This post has been co-authored with SpicyIP Intern Aditi Agrawal and Bharathwaj Ramakrishnan) Here is our recap of last weeks top IP developments including summary of the posts on taking stock of ANI vs OpenAI copyright litigation (Part I and II), and Machine Unlearning and the ANI vs OpenAI case. Anything we are missing out on?
Software products often have more than one author or developer, and layered copyright ownership. Without thorough due diligence, purchasers may be exposing themselves and their companies to costly litigation, unforeseen limitations on use of the software and, even, unexpected competition. READ THE ARTICLE IN THE LICENSING JOURNAL HERE.
4] Earlier last year, Mr. Rajat had also moved a Public Interest Litigation against the absence of legal mechanism to regulate deepfake technology in India and to mitigate its potential misuse. [5] (operating as INDIA TV), sought a permanent injunction restraining infringement of his personality and publicity rights. [2] 10] Ibid. [11]
This is a case focusing on ownership of social media accounts. See “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ” and “ Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. (See We blogged this case twice before.
The Belgian litigation, initiated in July 2021, concerns a dispute between the musicians of the Belgian National Orchestra (ONB) and the ONB itself. The Royal Decree concerning the related rights of artistic staff of the ONB was finally adopted and published in the Belgian Official Journal on 4th June of 2021.
However, the appellate court seems to invalidate that six-factor test: “Determining he ownership of social-media accounts is indeed a relatively novel exercise, but that novelty does not warrant a new six-factor test.” The next step is to determine whether ownership ever transferred to another party.
In the context of certain questions that arose in the proceedings, Tanvi then brings up an interesting hypothetical i.e. what if the defendants had challenged the ownership of the copyright early on, instead of the attempt to amendment later on. Tanvi is a second-year student pursuing BA LLB at the National University of Juridical Sciences.
Accordingly, the court preliminarily enjoins the Owocs from posting to the accounts until ownership is definitively adjudicated. You can see how social media account ownership issues are intractable when companies embrace “cults of personality” around a charismatic entrepreneur. So the accounts remain in limbo for now.
In today’s world, there has been considerable growth in remote jobs, gig-economy work and artificial intelligence tools which introduce new complexities with the ownership of worker creations. With the increasing prevalence of AI tools and hybrid work models, the traditional understanding of ownership and IP becomes obscure. [2]
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Javier Torre de Silva y López de Letona, The Right to Scrape Data on the Internet: From the US Case hiQLabs, Inc. The first litigations regarding data scraping for training of generative AI systems are starting now.
Proponents argued that the CCB would offer rightsholders a low-cost, efficient alternative to litigation in federal courts (which can easily cost over $100,000 to litigate), allowing small creators to more effectively defend their rights. Deal (another known and aggressive serial copyright litigant).
This would make it socially responsible to introduce technological break-throughs into services for the benefit of society, protecting intellectual property on one hand but allowing different voices that will shape the metaverse on the other, stipulating guidelines on data ownership and requiring consent by users.
This solution will allow authors to publish in the journal of their choice without having to pay an APC, even though this journal’s copyright policy conflicts with their research funder’s OA requirements. University of Edinburgh was the first UK university to implement RRS as a university policy since 2022.
In a footnote, the court acknowledges the law is “evolving” with respect to employer ownership of social media accounts: The law on the ownership of a social media pages created by employees for employers is evolving rapidly and varies between jurisdictions. See generally, Christopher A. TELECOMM. & & TECH. 201 (Spring 2013).
Samridhi is a final-year student at the Campus Law Centre, Faculty of Law, University of Delhi, and a graduate in Journalism from Lady Shri Ram College for Women. The Court has, thus, set a clear precedent for the emerging swathe of litigation in this regard. SpicyIP intern Samridhi discusses this order below.
While the former enable readers to purchase e-books on the payment of a certain cost, digital libraries provide access to an online database of books, journals, images and recordings free of cost. In this backdrop, controlled digital lending (‘CDL’) mechanisms become relevant.
Samridhi is a final-year student at the Campus Law Centre, Faculty of Law, University of Delhi, and a graduate in Journalism from Lady Shri Ram College for Women. SpicyIP intern Samridhi Chugh discusses the key issues in the dispute and breaks down the Court’s verdict.
Pina D’Agostino is the Founder and Director of IP Osgoode, the IP Intensive Program, and the IP Innovation Clinic, the Founder and Editor-in-Chief of the IPilogue, the Deputy Editor of the Intellectual Property Journal, and an Associate Professor at Osgoode Hall Law School. Copyright Ownership of Movies and Films in Canada: Who’s on First?
It has the freest economy in the Middle East and as per reports in Index of Economic Freedom published by The Wall Street Journal ranked Bahrain as the 12 th freest economy in the world. This being an important part makes the brand owner avoid any further litigation. Request of mark ownership transfer and publishing the transfer.
Ownership Registered trademarks are easier to enforce since they typically carry a presumption of ownership. Publication and Opposition Period The sixth step towards trademark registration includes publication of trademark application in the Trademarks Journal for four months, after it has been successfully examined.
The Heirs were under no obligation to auction the Artworks under a cloud of title while the defendants continued to litigate the Heirs’ entitlement to their possession. This neither afforded the Heirs physical possession nor dominion and control over the Artworks and the Heirs were deprived of their rights of ownership.”
Patent and Trademark Office granted ownership of the word “Jesus” to Jesus Jeans, owned by a publicly traded Italian company, BasicNet, giving the company exclusive rights in America to sell clothing bearing the name “Jesus.” ” (at page 9 and 13). .” World Intellect. 75, 79 (2020). patentability standards.
With these technical advances comes an increase in legal activity, including intellectual property (“IP”) filings and litigation. 19 Ancillary technologies have likewise seen a spike in patent litigation activity in recent years, including charging technologies and battery control systems (e.g., district courts, the U.S.
However, that question does not guarantee federal subject matter jurisdiction, as the defendants learned in a decision remanding an ownership dispute removed to federal court back to state court. In particular, Judge Black found that declaratory relief for a correction of ownership under 35 U.S.C. § Litigation Funders Beware!
For background, check out my post on the district court’s ruling here: “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ”. It did not specifically address ownership of social media accounts. Gutman signed an employment agreement with JLM. This was erroneous.
In the extremely detailed decision, the Court has also touched upon rare topics like Right to Repair which we rarely come across in the Indian IP litigation. The Government shared this information in a submission made before the Delhi High Court in a Public Interest Litigation initiated by journalist Rajat Sharma. Under Armour v.
If not, the court may have to address several other interesting, rarely-litigated issues concerning the proper scope of copyright in recorded interviews. Third, is Trump’s claim of ownership barred by 17 U.S.C. After negotiations between them fell apart, both parties sued, each claiming exclusive ownership of the movie footage.
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