The IPKat

NOVEMBER 9, 2021

Kat friend Jan Jacobi reports on recent cases on this challenging issue involving efforts by Birkenstock to register such a mark. Picture on the right is by Hans, and is licensed under a Creative Commons CC0 1.0 Universal Public Domain Dedication license. With apologies to Hamlet--when is a mark a pattern mark?

Public Domain 84

Public Domain Licensing Intellectual Property Designs 84

SpicyIP

JULY 17, 2023

Looking at the Data from the IPO Annual Reports Patent filings and grants are at an all-time high in India. Looking for an answer, Swaraj, Praharsh, and Anshuman explore the data from the Indian Patent Office’s annual reports in their post. But who are the parties filing these patent applications?

Personality Rights 77

Personality Rights Copyright Patent Copyright Infringement 77

Technology & Marketing Law Blog

MAY 13, 2024

And that, in turn, further restricts what should be in the public domain and gives companies power to create property rights where none are otherwise granted in the law. seeks only damages based on the reactions of advertisers (third parties) to CCDH’s speech in the Toxic Twitter report, which CCDH created after the scraping.

Blogging 97

Blogging Contracts Cease and Desist Social Media 97

Copyright Lately

AUGUST 25, 2023

An article in the Hollywood Reporter earlier this week suggested that there’s finally been some movement between the parties with respect to generative AI, as studios recognize that copyright protection in AI-generated scripts is only possible for those works if they’re revised by human writers. Previously registered material.

Derivative Work 81

Derivative Work Registration Copyright Public Domain 81

Technology & Marketing Law Blog

DECEMBER 15, 2021

To settle that dispute, the parties worked out an “exclusive” license: the second-comer could sell the design on Amazon, and the registrant could keep selling it on eBay. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. assertions. Signal 23 Television v.

Registration 113

Registration Fair Use Copyright Designs 113

Kluwer Copyright Blog

MAY 16, 2023

The mapping produced a wealth of data and findings, which are systematized in a dataset available on the user-friendly website www.copyrightflexibilities.eu , and analyzed in a report downloadable from Zenodo , SSRN or ResearchGate , entitled “Copyright Flexibilities: Mapping and Comparative Assessment of EU and National Sources”.

Reporting 52

Reporting Copyright Public Domain Editing 52

Technology & Marketing Law Blog

JULY 18, 2023

To a degree, it also mirrors the difficult question concerning the platforms’ impact (and maybe that of the Internet itself) on the news and the organizations that report it. In other words, what level of contractual control over public domain information is acceptable. For example, specific statutes can tackle it.

Blogging 93

Blogging Contracts Copyright Law Copyright 93

Velocity of Content

AUGUST 13, 2024

In a 2016 report, Marci Goldberg of K-12 Market Advisors reported that “teachers spend an average of five hours per week creating materials and seven hours per week searching for materials.” Exceptions include materials in the public domain such as documents and materials the U.S. I am not alone. million dollars.

Copyright 52

Copyright Public Domain Fair Use Licensing 52

Velocity of Content

DECEMBER 6, 2023

Significant amounts of content are available through licenses, including open licenses such as CC BY and CC BY-NC. Significant amounts of content are also available through the public domain. To what extent are copyrighted works licensed from copyright owners for use as training materials? ROSS Intelligence Inc.,

Copyright 98

Copyright Fair Use Licensing Copying 98

The IPKat

OCTOBER 4, 2021

Former Guest Kat Peter Ling, together with his associate, Joana Gurtner , report on the recent Swiss Supreme Court decision on the Nespresso Capsule 3D mark. Quoting the CJEU, the Federal Supreme Court explained that trade mark law is an essential aspect of, and must contribute to, a competitively functioning free market.

Public Domain 145

Public Domain Marketing Marketing Licensing 145

SpicyIP

SEPTEMBER 5, 2022

As reported , Moderna earned revenue of around USD 10 billion for its vaccine, and Pfizer earned around USD 22 billion, in just a year. Moderna’s patent infringement lawsuit is a revenue seeking activity since Moderna wants fair compensation but does not want to remove Comirnaty from the market. and Alnylam Pharmaceuticals Inc.

Litigation 130

Litigation Patent Technology Ownership 130

Kluwer Copyright Blog

MAY 17, 2023

The mapping of national legal sources of copyright flexibilities and their comparative analysis provided a detailed overview of the state of the art of copyright flexibilities in all the 27 Member States, organized in 27 national reports which illustrated national provisions using the same taxonomy applied to EU sources. Public domain.

Reporting 52

Reporting Copyright Public Domain Copying 52

Technology & Marketing Law Blog

JUNE 20, 2023

Specifically, when a derivative work is created pursuant to a statutory exception, then the derivative work is prepared “lawfully,” even though the artist who created the derivative did not get a license or other permission from the owner of the copyright in the underlying work. Goldsmith herself had been entirely unaware of the licensed use.)

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

SpicyIP

MARCH 15, 2022

This blog examines how press publishers have claimed rights over their content on digital media platforms like Facebook, Google News, which give a preview of two-three lines along with a hyperlink to the press publication. Many academics have stated that IP is not the correct tool to achieve the redistribution of market share.

Publishing 89

Publishing Marketing Marketing Advertising 89

Copyright Lately

APRIL 3, 2023

IA’s Open Library project includes millions of public domain books that users can download and read without restriction. The Effect of the Use On the Potential Market Finally, as with the other three factors, the court found that the fourth factor (the effect on the market) strongly favored the publishers.

Fair Use 72

Fair Use Copying Publishing Copyright 72

Kluwer Copyright Blog

APRIL 25, 2024

Act I When the Committee charged with conducting Canada’s 2019 Copyright Act Review turned its mind to AI, its primary concern was with “help[ing] Canada’s promising future in artificial intelligence become reality” ( Report 2019 ). Only one witness is quoted as having argued that such uses should be licensed by collective societies.

Copyright 64

Copyright Government Copyright Law Reporting 64

Kluwer Copyright Blog

MARCH 8, 2023

Although previously no provisions and/or case law or licensing schemes addressing news aggregation existed in Greece, and despite the fact that the new right granted to press publishers by the EU has attracted severe criticism (see e.g., Reto Hilty, Valentina Moscon et al., 2121/1993 on “Related Rights”, just after Art. 15 of the CDSMD.

Publishing 52

Publishing Art Related Rights Marketing 52

SpicyIP

JANUARY 2, 2022

This judgment concerned the classification of payments under end-user license agreements (EULA). In this judgment, the Delhi High Court delved into the interpretation of section 8 of the Arbitration and Conciliation Act, 1996 with respect to disputes involving trademark licensing agreements. CIT [Supreme Court].

IP 137

IP Intellectual Property Copyright Trademark 137

SpicyIP

JANUARY 9, 2023

The court assessed the contents of circular on “Examination of Patent Applications and Consideration of Report of Examiner by Controller” and clarified that the Controller is not permitted to raise new grounds of objection at the time of the hearing. Revenue to share copy of its report filed earlier.

Trademark 92

Trademark IP Registration Reporting 92

LexBlog IP

JANUARY 16, 2024

In light of criticism following the announcement of the political deal – and renewed warnings that the AI Act risks will hamper innovation in the European market – there may still be room for debate over the final terms of the AI Act before ratification. [13] 4(1) and 4(3).

IP 52

IP Copyright Art Related Rights 52

SpicyIP

MARCH 27, 2023

filed an application to place additional documents on record, before framing the issues, against the defendants, ARG Outlier Media Pvt Ltd, which also included the examination reports of the Registry and the responses by the defendants regarding trademark/taglines that are the subject matter of the suit.

Designs 90

Designs Design Cease and Desist Art 90

43(B)log

FEBRUARY 4, 2023

But socially valuable innovations can be difficult to marketize/commodify. Restrict derivative right to adaptations/forms of representations that change medium, not works in same primary market. Looking at post-1978, 9 th , 2d, and 6 th Cir (Motown) and SCt; copying and use without license. public domain.

Copyright 64

Copyright Editing Settlement Music 64

Kluwer Copyright Blog

NOVEMBER 29, 2022

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. In a report published in September 2022, I undertook research into the national implementations of these two provisions in 11 Member States : Austria, Denmark, Estonia, France, Germany, Hungary, Ireland, Italy, Malta, the Netherlands and Spain.

Reporting 52

Reporting Marketing Marketing Copyright 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Fifth, assuming Trump owns a valid copyright, did he grant an implied license to Woodward to publish transcripts of the interviews and/or the record­ings themselves? The bottom line: even if he gets past the implied license problem, Trump still has to survive several other substantive and procedural hurdles to recovery.

Copyright 121

Copyright Blogging Publishing Fair Use 121