Not only Russian copyright, broadcast and digital law
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The Copyright Act defines audiovisual works as “works that consist of a series of related images which are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied.”
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January 22, 2018, Adrian Falkner filed civil action, seeking relief for (1) copyright infringement and (2) falsification, removal, and alteration of copyright management information in violation of the Digital Millennium Copyright Act. Defendant moved for summary judgment.
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Irrespective of establishment of liability, EU law ensures that rights holders have the possibility to apply for an injunction against intermediaries whose services are used by third parties to infringe their Intellectual property rights (IPR).
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Lanard makes and sells the “Lanard Chalk Pencil,” which is a toy chalk holder designed to look like a pencil. Lanard owns Design Patent, which contains five figures showing a pencil-shaped chalk holder from different angles. Lanard also owns copyright Reg. for a work entitled “Pencil/Chalk Holder.”
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OSPs seeking protection under the safe harbors in sections 512(b), (c), or (d), must, in addition to the section 512(i) requirements, maintain a compliant notice-and-takedown process by responding expeditiously to remove or disable access to material claimed to be infringing upon receipt of proper notice from a copyright owner or the owner’s authorized agent.
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Photographic Illustrators Corp. (“PIC”) provides commercial photography services – primarily photos of consumer goods – through its principal photographer, Paul Picone. Osram Sylvania, Inc. (“Sylvania”) is one of the world’s leading manufacturers of lightbulbs. PIC owns valid copyrights to thousands of photographs of Sylvania lightbulbs. Sylvania uses the photos in marketing and selling its products, as do Sylvania’s dealers and distributors.
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Airs Aromatics, a purported owner of an ANGEL DREAMS trademark, filed a lawsuit against Victoria’s Secret alleging breach of contract claims and requesting cancellation of Victoria’s Secret’s registered DREAM ANGELS trademark.
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First, the Office recommends that Congress clarify the distinction between “actual knowledge” and “red flag knowledge.” Court decisions interpreting the red flag knowledge provision have often required a level of specificity regarding the types of information from which infringing activity is present as to blur the line between actual and red flag knowledge and conflate the existence of either knowledge type with receipt of a takedown notice from a rightsholder.
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The question at issue here is whether a term that takes the form “generic.com” is generic in the ordinary course. In the Breyer’s view, appending “.com” to a generic term ordinarily yields no meaning beyond that of its constituent parts. Because the term “Booking.com” is just such an ordinary “generic.com” term it is not eligible for trademark registration.
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