Posts tagged with: "intellectual+property"
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18 May 2010, 5:40 pm by legalinformatics
Professor Sulaiman Al-Rafee and Professor Kamel Rouibah, both of the Kuwait University College of Business Administration, have published The Fight Against Digital Piracy: An Experiment, 27 Telematics and Informatics no. 3, pages 283-292 (2010). Click here for the full text of the article. Here is the abstract: With the increased reliance on the Internet, digital piracy is a hot topic that is receiving substantial interest. And while most studies concentrate on understanding piracy in developed… [read post]
13 Sep 2012, 5:00 am by Ruth Carter
Portion of C.C. Chapman’s Twitter feed – September 10, 2012 I saw the following tweet the other day by author C.C. Chapman: “Since my photos are licensed under “non-commercial” is this a legal use of my Chevy Volt photo by Yahoo?” The question was followed by a link to an article on Yahoo Auto about GM’s report regarding whether Chevy Volts are being sold at a loss. The photo accompanying the article is C.C. Chapman’s photo of a Chevy Volt that he published on Flickr with a Creative… [read post]
16 Jan 2014, 4:00 am by Ruth Carter
Cease and Desist by H.L.I.T. from Flickr (Creative Commons License) A few weeks ago we all had a good laugh when Jeff Briton, owner of Exit 6 Pub and Brewery in Cottleville, Missouri got a cease and desist letter from Starbucks when he named one of his craft beers “Frappicino.” Starbucks said this was too similar to their Frappuccino and even took the liberty of contacting the beer review website Untappd to get the Frappicino beer listing removed. Briton responded with a letter and a… [read post]
25 Mar 2013, 8:59 am by Robert Wagner
by: Robert Wagner, intellectual property attorney at Picadio Sneath Miller & Norton, P.C. (Robert Wagner on G+) On March 15, 2013, the Federal Circuit issued an order in Lighting Ballast Control LLC v. Philips Electronics North America Corp, Case No. 2012-1014, -1015, stating that an en banc panel of the Court will consider whether and to what extent it should afford any deference to a district court’s patent claim construction. The Federal Circuit is determining… [read post]
29 Nov 2012, 4:00 am by Ruth Carter
Old Scottsdale Sign by kmaschke from Flickr Whenever I ask my friends where I should take my quasi-foodie parents when they visit, one of the most common answers I get is FnB. This little restaurant in Scottsdale has won a bunch of awards and gotten a lot of good press since it opened three years ago, including a mention in Food & Wine magazine. The owners Charleen Badman and Pavle Milic recently announced that they’re moving FnB to a new location at the beginning of 2013. Shortly after that,… [read post]
8 Aug 2011, 7:25 am by Raymond Nimmer
Trademark law gives the mark owner a right to protect against conduct that is likely to create confusion about sources or sponsorship of a product or service. But trademark law does not give the mark owner control over all use of the image, word, or phrase that constitutes its mark. Volumes of reported cases and billions of dollars of litigation have gone into drawing the distinction and the amounts have increased in the digital information age. There are many doctrines used. Now, apparently, the… [read post]
29 Nov 2012, 4:00 am by Ruth Carter
Old Scottsdale Sign by kmaschke from Flickr Whenever I ask my friends where I should take my quasi-foodie parents when they visit, one of the most common answers I get is FnB. This little restaurant in Scottsdale has won a bunch of awards and gotten a lot of good press since it opened three years ago, including a mention in Food & Wine magazine. The owners Charleen Badman and Pavle Milic recently announced that they’re moving FnB to a new location at the beginning of 2013. Shortly after that,… [read post]
23 Apr 2010, 7:25 pm by Raymond Nimmer
A while ago, I commented about the misreading that courts were doing with respect to fair use, especially with respect to so-called "transformative use." Maybe they heard, but at least they have begun to figure it out. The worm may have begun to turn. "Fair use" is a defense to a claim of copyright infringement. Its origins lay in the notion that there should be some flexibility in enforcement of the rights of a copyright owner to enable limited use of copyright expression (e.g., I quote a… [read post]
29 Nov 2012, 4:00 am by Ruth Carter
Old Scottsdale Sign by kmaschke from Flickr Whenever I ask my friends where I should take my quasi-foodie parents when they visit, one of the most common answers I get is FnB. This little restaurant in Scottsdale has won a bunch of awards and gotten a lot of good press since it opened three years ago, including a mention in Food & Wine magazine. The owners Charleen Badman and Pavle Milic recently announced that they’re moving FnB to a new location at the beginning of 2013. Shortly after… [read post]
18 Oct 2013, 11:55 am by Dan Harris
Back in April last year, I spoke at an Economist Magazine Business Without Borders event on China.  I mostly spoke about intellectual property protections in China, but my introduction dealt with China’s legal system as a whole.  Video of my introduction (but not the whole talk, near as I can tell) is online and was referred to me today.  I watched it and liked what I saw and I had it transcribed, per the below. What I liked is how I try to put China and its legal system in… [read post]
30 Jan 2011, 3:20 am by Raymond Nimmer
In 2004, in the Chamberlain case, the Federal Circuit unaccountably grafted a non-statutory element on the access control provisions of the DMCA, requiring that there be some connection to preventing infringement for there to be protection against circumvention of a technology control on access to a copyrighted work. The Ninth Circuit, in the MDY case, expressly rejects Chamberlain, returning the statute to its intended purpose - creating a right to protect controls on access to works in digital… [read post]
8 Nov 2009, 1:03 pm by Raymond Nimmer
One clear message of intellectual property law is that mere possession, or even ownership, of a product or a copy does not vitiate the rights-owner's interest in and right to control use or disposition of the product or copy. First sale doctrine carves out a very limited exception to this. I often talk about first sale (or exhaustion as it is sometimes called) in reference to patent or copyright law. Trademark issues may be even more important, at least online. As with copyright and patent law, the… [read post]
25 Apr 2010, 12:35 pm by Gene Quinn
The blasted desk calendar that promised to remind me of all important holidays almost failed me miserably. How is it possible that a calendar that tells me that January 2 is a bank holiday in the UK, that February 6 is Waitangi Day in New Zealand, that March 13 is Eight Hours Day in Australia, and that July 12 is Battle of the Boyne Day in Northern Ireland, could possibly forget to mention that April 26 is World Intellectual Property Day! After all, World Intellectual Property Day is one of those… [read post]
18 Apr 2010, 1:04 pm by Raymond Nimmer
Online aggregators, site operators and search engines are in a seemingly endless conflict with content providers and rights owners. This extends to trademark law. The confrontation relates to deciding what obligations aggregators (and others) have to police and prevent advertising and sale of counterfeit products or services through their systems. A recent Second Circuit case leaves one pondering the answer where at least some of the advertised products or services from third parties are… [read post]
24 Oct 2009, 8:52 am by Raymond Nimmer
Merely posting a work online does not relinquish all rights. As in other environments, merely placing property in public does not release property rights. The Internet context, however, may indicate that some actions with respect to the work are implicitly permitted. The proper answer to what is permitted with reference to a work posted by its author in any case depends in part on what harm the third party conduct causes for the copyright owner and on the circumstances of the posting. A copyright… [read post]
1 Sep 2009, 4:57 pm by Raymond Nimmer
The Google Book Settlement (GBS) would give Google unprecedented power over hundreds of thousands of copyright owners and control of an asset that may become essential to 1) book publishers, 2) book authors, and 3) any entity that desires to operate a search or archive function regarding published books. The Settlement should not be approved unless it ensures all competitors and others access and fairly protects the copyright owners who were not represented at the "settlement" discussions and whose… [read post]
13 May 2009, 8:26 am
DMCA Section 512 gives copyright owners an efficient means of responding to online infringements and provides a safe harbor protection for online providers. But some courts suggest that "good faith" in sending a take-down notice may require the copyright owner to evaluate whether the online copying is fair use, these decisions undermine the notice and take down system. "Good faith" is an elusive concept. Ordinarily, however, it means being "honest" and not necessarily "careful." It certainly does… [read post]
According to the 2014 International IP Index by the U.S. Chamber of Commerce’s Global Intellectual Property Center (GIPC), Nigeria’s overall percentage score was 9.8 out of 30, placing the country 20th out of the 25 countries assessed. The report, which was released last week and titled “Charting the Course”, maps the IP environment of 25 countries from around the world utilizing 30 indicators. For the first time, the report featured two African countries — Nigeria and… [read post]
29 Aug 2008, 1:43 pm
Some courts mistakenly view transformative use as merely using a work in a way different from that which the copyright owner currently does. The true meaning is that transformative use is a use that transforms portions of the original into an entirely new work that does not simply supersede the original in a market or use to which the original may not yet have been applied. Transformative use, a feature of fair use doctrine since the Supreme Court's decision in Acuff-Rose, never meant "using" a… [read post]
25 Aug 2009, 7:46 am by Raymond Nimmer
Many have asked my opinion of the Google Settlement. I join the broad opposition to the "settlement": This is a bad deal for everyone other than for Google (which will become an entrenched monopoly). It is also bad precedent, taking legislative prerogatives, the property rights of millions of people, and important commercial choices, and placing them in the hands of a few lawyers, a few companies, non-representative organizations, and a judge. This is not a settlement of a judicial dispute, it is… [read post]