The IPKat

FEBRUARY 13, 2025

Here's what Claudio and Federico have to say: Two Kats, hungry to hear the outcome of the two CJEU referrals, via the Public Domain Image Archive "In a long-awaited decision issued on 19 December 2024, the Court of Justice of the European Union ("CJEU") ruled on two joint cases ( C-119/22 and C-149/22 ).

Invention 64

Invention Public Domain Art Marketing 64

LexBlog IP

JANUARY 31, 2024

Because copyright protection has a set term, copyrights in certain works necessarily expire each year and enter the public domain. Once a work has entered the public domain, it no longer retains copyright protection and cannot stop use of the work by others based on its prior copyright rights.

Public Domain 52

Public Domain Trademark Copyright False Advertising 52

Plagiarism Today

MAY 11, 2022

However, an element of the bill would make it retroactive for all companies with a market cap of $150 billion, an amount Disney exceeds. This would put all of Disney’s work from roughly 1995 (or 1967) forward into the public domain. 2: Riot Games sues Mobile Legends: Bang Bang for Plagiarism—Again.

Plagiarism 246

Plagiarism Public Domain Copyright Law Copyright 246

Copyright Lately

FEBRUARY 17, 2025

Instead, they focus on whether Westlaw’s headnotes were copyrightable, whether Rosss training-stage copying involved protectable expression, and whether its use displaced a real or potential market for Thomson Reuters’ original workssome of the same issues that will be decided in cases involving generative AI.

Fair Use 69

Fair Use Copying Public Domain Copyright 69

Technology & Marketing Law Blog

APRIL 7, 2025

Joplin’s song is in the public domain now. Binello appeared first on Technology & Marketing Law Blog. This case involves the Maple Leaf Rag song, composed by Scott Joplin. Even if you aren’t a ragtime aficionado, you may have heard this tune.

Copyright 86

Copyright Copyright Infringement Copying Public Domain 86

Copyright Lately

MAY 13, 2022

That’s why the 1925 novel “The Great Gatsby” didn’t enter the public domain until 2021. But Hawley’s bill has nothing to do with forcing that 1928 short film into the public domain. It wasn’t a Disney work. Neither is 1948’s The Babe Ruth Story.

Reporting 128

Reporting Copyright Public Domain Marketing 128

Intepat

DECEMBER 18, 2024

Fair Use and Public Domain in Podcasting Fair use is a nuanced legal principle that allows limited use of copyrighted material for purposes such as commentary, criticism, or education, with courts evaluating factors like purpose, nature, amount, and market impact. For instance, in Campbell v. Acuff-Rose Music, Inc.

Licensing 52

Licensing Copyright Public Domain Music 52

Kluwer Copyright Blog

JANUARY 9, 2025

Our societys welfare will probably be better served by leaving AIGW in the public domain. And so we have a market failure. There are empirical questions about how widespread that market failure really is (i.e. how many welfare-enhancing works would fail to be created under a free market?), I am doubtful.

Copyright 64

Copyright Technology Public Domain Marketing 64

The IPKat

OCTOBER 4, 2021

The lower court considered that, while the mark was not technically necessary (which would have led to the invalidity of the trade mark regardless of acquired distinctiveness), the trade mark was part of the public domain and Nestlé failed to prove that the trademark had acquired distinctiveness. Generic license.

Public Domain 145

Public Domain Marketing Marketing Licensing 145

The IPKat

MARCH 7, 2022

This latest referral follows hot on the heels of the referral from the Finish Market Court on the correct interpretation of Article 3(c) of the SPC Regulation, also with respect to combination products ( IPKat ). The Irish referral relates to both Article 3(a) and Article 3(c). INEGY is approved as a cholesterol lowering agent.

Art 119

Art Public Domain Invention Marketing 119

Intepat

APRIL 4, 2022

It is time to think if our ideas are patentable if we share them in the public domain. Distributing marketing and sales materials such as pamphlets, brochures, etc, 2. This can also occur as a consequence of sharing your ideas in the public domain. The post Can We Patent An Idea That Made To Public?

Public Domain 97

Public Domain Social Media Patent Invention 97

Technology & Marketing Law Blog

APRIL 23, 2024

Materials from my talk: The paper The video The image repository (all in the public domain per prevailing copyright law !) The post Why Generative AI is Doomed appeared first on Technology & Marketing Law Blog. In each case, it was clear that the technology would have revolutionary but uncertain impacts on society.

Public Domain 105

Public Domain Technology Copyright Law Blogging 105

JIPL Online

MARCH 15, 2021

2] While most Sherlock Holmes stories are now in the public domain, the estate alleged that some works and character elements regarding Sherlock Holmes are still protected by copyright. [3] 5] Netflix and the estate quickly settled. [6]. 5] Netflix and the estate quickly settled. [6]. 9] Both parties reached an amicable settlement. [10]

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

Kashishipr

APRIL 20, 2022

The North American Free Trade Agreement defines a trade secret as “Information having commercial value, which is not in the public domain, and for which reasonable steps have been taken to maintain its secrecy.”

Intellectual Property 119

Intellectual Property Confidentiality Public Domain Business 119

Intepat

APRIL 2, 2022

It gives the inventor or patent owner exclusive rights and prevents others from manufacturing, selling, or marketing the invention. Patents give you the much-needed competitive edge in the market. Firstly, it prevents other organizations from copying the invention, thereby lowering the risk of competitors in the market.

Invention 105

Invention Inventor Patent Intellectual Property 105

Velocity of Content

FEBRUARY 26, 2025

A large portion of the decision concerns the question of whether the defendant copied material that is copyrightable, given that Wests copied headnotes and Key Number System are factual and based on the unarguably public domain caselaw. Copyright lawyers know the most important factor is factor 4, market harm.

Fair Use 52

Fair Use Copying Licensing Copyright 52

Kashishipr

DECEMBER 28, 2021

FTO is a pretty simple and straightforward concept, which implies that at a given point in time, no Intellectual Property (IP) from any third party is infringed upon a given product or service in a given market or geography. Without any doubt, stepping into patent litigation can be uncertain, full of risks, and expensive.

IP 105

IP Patent Invention Licensing 105

Kluwer Copyright Blog

DECEMBER 5, 2022

As a result, AR may be attractive not only to potential users of the cultural heritage-related services, but also for market operators with commercial interests. However, as mentioned, AR can also be developed by third parties, and in particular by market operators that have no initial connection with bodies managing cultural heritage.

Copyright 105

Copyright Public Domain Art Moral Rights 105

TorrentFreak

AUGUST 7, 2022

At the other end of the market, cutting costs to maximize slender advertising revenues appears to be more important than a glossy user experience. In addition to channel sources and analytics accounts, advertising affiliates are shared across multiple domains. Court Filing Targets Streaming Sites. Other Sites in the Same DMCA Subpoena.

Public Domain 144

Public Domain Advertising Advertising Copying 144

IP and Legal Filings

MARCH 19, 2025

Rahul Dhawan, her lawyer, argued that the disputed clip was part of Nayanthara’s ‘Personal Liberty’ as it was shot on her device and was already circulating in the public domain. 5] The idea is affected by the market value of the original work and its usage.

Copyright Law 59

Copyright Law Copyright Law Fair Use 59

TorrentFreak

DECEMBER 1, 2023

New Lawsuit, New Determination Filed at a Washington court early August 2023, a new complaint alleging copyright infringement, breaches of the DMCA, and civil RICO violations, among others, targeted up to 50 developers, marketers, customer support staff, and sellers of Destiny 2 cheating software offered by Ring-1.

Public Domain 127

Public Domain Copyright Infringement Privacy Reporting 127

SpicyIP

APRIL 29, 2023

Image accessed from here While there are many factors which result in the success of business organizations, their ability to use sensitive procedures and advanced technology, thereby protecting their confidential information, can be another crucial aspect of remaining competitive in the market.

Confidentiality 129

Confidentiality Contracts Public Domain Marketing 129

The IPKat

JULY 22, 2021

The title of this book clearly sets out its premise: trademark protection has encroached into what used to be solely copyright’s domain, resulting in an undesirable over-protection of works which impoverishes the public domain and restricts others’ creative endeavours.

Trademark 59

Trademark Public Domain Copyright Cease and Desist 59

IP and Legal Filings

SEPTEMBER 8, 2021

According to a report by Markets and Markets, the cryptocurrency market is expected to grow from USD 1.6 In a broad sense, blockchain technology can be defined as an open ledger of information that is used to keep a digital record of the transactions that occur in the crypto market. billion in 2021 to USD 2.2

Intellectual Property 94

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 94

Patently-O

AUGUST 10, 2021

The article’s thesis: [Sometimes] patents create incentives to bring a product to market in a way that is relatively harmful to consumers, and the existence of a patent (and the associated rents) discourages the patentee from taking steps to improve the product so as to prevent the adverse health outcomes.

Patent 101

Patent Public Domain Marketing Marketing 101

TorrentFreak

AUGUST 7, 2023

With no announcements from Sky or the Premier League, and the associated court orders not yet in the public domain, the scope of the Sky order remains unclear. Genip.tv, which is linked to geniptv.com, appeared in the MPA’s submission to the USTR’s Notorious Markets report 2021.

Brands 98

Brands Branding Branding Public Domain 98

TorrentFreak

AUGUST 16, 2024

Nevertheless, factors such as size or strategic position in the piracy market are typically weighed against prudent use of resources and prospects of success. Paying the Price for Zero Security Groups like ACE never reveal exactly what makes one service more likely to face enforcement measures than another.

Settlement 120

Settlement Social Media Public Domain Fair Use 120

SpicyIP

MARCH 15, 2022

Press publishers are dependent on platforms like Google and Facebook for referential traffic on their website making it difficult for them to negotiate with giant platforms especially the ones with the dominant market position. Many academics have stated that IP is not the correct tool to achieve the redistribution of market share.

Publishing 104

Publishing Marketing Marketing Advertising 104

The TTABlog

DECEMBER 13, 2022

Most of the issued patents cited in this brief have expired, meaning that the disclosed features are in the public domain. To conclude that TBL can strip the public's right to copy and benefit from these features today would be antithetical to the pro-competitive objectives of both trademark and patent law.

Design 96

Design Designs Advertising Advertising 96

Patently-O

JANUARY 25, 2022

The district court ordered the defendant to “take all necessary steps to prevent publication” of those applications or resulting patents. The companies here compete in the market for creating specialized finger-LED equipment and accompanying data analysis services. ” (Quoting Ultimax ).

Public Domain 133

Public Domain Patent Application Confidentiality Patent 133

Technology & Marketing Law Blog

JANUARY 25, 2023

Though the court doesn’t have cross words for the media defendants, this apparently is another example where media publishers treated publicly available photographs as public domain photographs. NYP appeared first on Technology & Marketing Law Blog. The complaint. –Shah v.

Copyright 124

Copyright Fair Use Licensing Ownership 124

The IPKat

MARCH 21, 2022

Is it centralized or decentralized; are there anticompetitive effects; is there market concentration? But even before software became a commercial proposition with its own market power (and lush profits), a countermovement arose, what we call open-source software. It is useful to examine this narrative. Generic license.

Marketing 86

Marketing Marketing Public Domain Licensing 86

Kluwer Copyright Blog

AUGUST 12, 2021

Since the ruling was handed down, the Advocate General’s opinion on the Polish request for the partial annulment of article 17 of the Directive on Copyright in the Digital Single Market (CDSM) has also been published. Or, if the work in question has fallen into the public domain prior to the infringing act.

Copyright 105

Copyright Moral Rights Copyright Infringement Marketing 105

Kluwer Copyright Blog

JUNE 1, 2023

The members of the European Copyright Society (ECS ) have recently sent a letter to Mr. Thierry Breton ( Commissioner for Internal Market , European Commission ) outlining their view of what should be the priorities for a f uture agenda in the field of copyright law. The letter is available here and its contents are reproduced below.

Copyright Law 116

Copyright Law Copyright Law Art 116

The IPKat

APRIL 8, 2023

The Authority considers that the alleged abuse of economic dependence could have a significant impact on the protection of market competition and harm consumers. 35/2017); content in the public domain; content covered by an exception. It could test the applicability of Art. 17 (4), a). 5 (3) Barnier Directive; Art. 4 (5) D.Lgs.

Music 130

Music Art Copyright Related Rights 130

The IPKat

APRIL 30, 2024

Anastasiia Kyrylenko, our GuestKat, exploring the case of subsequent overlap between trademark and copyright protection and its implications for the public domain. And in a world brimming with trademarks, what is the ultimate purpose of the public domain? Is the overlap of different IP regimes genuinely problematic?

Reporting 64

Reporting Copyright Public Domain Law 64

SpicyIP

SEPTEMBER 5, 2022

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. Strikingly, the portrait that Moderna paints of itself is not one of a King but of a small, research-driven start-up in need of funding.

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Litigation Patent Technology Ownership 136