International Trademark Registration: Nine Lessons Learned from Harry and Meghan

14 04 2020
IP Watchdog
Nouvelle Gonzalo & Nyja Brown & Eleanor LeBeau & Brittany George
April 13, 2020
One of a company’s most valuable assets is its trademark – its name, logo, color or slogan. A trademark or service mark establishes your company as the source of certain products (trademark) or services (service mark). This helps establish your company brand so consumers can easily recognize it. As we consider international trademark registration, there are some important lessons we can learn from the Duke and Duchess of Sussex, who tried to register a SUSSEX ROYAL trademark.
The content in this post was found at https://www.ipwatchdog.com/2020/04/13/international-trademark-registration-nine-lessons-learned-harry-meghan/id=120530/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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French regulator says Google must pay news sites to send them traffic

10 04 2020

ars technica
TIMOTHY B. LEE
4/9/2020

France’s competition authority says that Google must go back to the bargaining table to negotiate a rate that the search giant will pay to link to articles on French news sites. So far, Google has flatly refused to pay fees to link to news articles, despite a new EU copyright directive designed to force Google to do so.

France was the first country to transpose the EU’s order into national law. Google read the French law as allowing unlicensed use of the headline of a story, but not more than that. So in September, Google removed the “snippet” that often appears below headlines from its French news search results, as well as thumbnail images.

“We don’t accept payment from anyone to be included in search results,” Google wrote in a September blog post. “We sell ads, not search results, and every ad on Google is clearly marked. That’s also why we don’t pay publishers when people click on their links in a search result.”

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The content in this post was found at https://arstechnica.com/tech-policy/2020/04/french-regulator-says-google-must-pay-news-sites-to-send-them-traffic/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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Federal Court Rules Trade Secret Damages Can Extend beyond the U.S. border

23 03 2020

LexBlog
Thomas Hubert & Jacob Pritt
March 18, 2020

In a high-profile trade secret case, a federal court in Chicago ruled that the federal Defend Trade Secrets Act (DTSA) extends beyond the U.S. and covers actions and damages that occur in other countries.

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The content in this post was found at https://www.lexblog.com/2020/03/18/federal-court-rules-trade-secret-damages-can-extend-beyond-the-u-s-border/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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Google takes hard line, refuses to pay French news sites despite new law

30 09 2019
Timothy B. Lee
ars technica
Sept. 25, 2019
Google won’t pay anything to French news organizations for the privilege of linking to their articles, the search giant announced on Wednesday.

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The content in this post was found at https://arstechnica.com/tech-policy/2019/09/despite-new-law-google-refuses-to-pay-to-link-to-french-news-sites/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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WIPO Now Gets Into The Extrajudicial, Zero Due Process, Censorship Act Over Sites It Declares ‘Infringing’

22 07 2019

Mike Masnick
Tech Dirt
July 17, 2019

Every few years this kind of thing pops up. Some ignorant organization or policymaker thinks “oh, hey, the easy way to ‘solve’ piracy is just to create a giant blacklist.” This sounds like a simple solution… if you have no idea how any of this works. Remember, advertising giant GroupM tried just such an approach a decade ago, working with Universal Music to put together a list of “pirate sites” for which it would block all advertising. Of course, who ended up on that list? A bunch of hip hop news sites and blogs. And even the personal site of one of Universal Music’s own stars was suddenly deemed an “infringing site.”

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https://www.techdirt.com/articles/20190712/00090542575/wipo-now-gets-into-extrajudicial-zero-due-process-censorship-act-over-sites-it-declares-infringing.shtml

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Three Cyberspace Courts now online and open for business

9 07 2019

Zhen Feng, Suyu Yuan & Helen Xia
LexBlog
October 16, 2018

On 9 August and 28 September 2018, the new Cyberspace Courts in Beijing and Guangzhou were officially opened. These new specialised courts, along with their equivalent one that was formed in Hangzhou in August 2017, are meant to tackle the quickly swelling stream of internet-related court procedures in China. The establishment of these specialised courts is an encouraging step for the Chinese internet sector as well as for IP owners: it promises a more flexible procedure, less bureaucracy in obtaining evidence and higher quality judgments, handed down by specialist judges.

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The content in this post was found at https://www.lexblog.com/2018/10/16/three-cyberspace-courts-now-online-and-open-for-business/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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What’s in the sweeping copyright bill just passed by the European Parliament

24 09 2018

Ars Technica

Timothy Lee

9-12-18

The European Parliament has approved a package of dramatic changes to copyright law that will have big implications for the future of the Internet.

“We’re enormously disappointed that MEPs [Members of European Parliament] failed to listen to the concerns of their constituents and the wider Internet,” said Danny O’Brien, an analyst at the Electronic Frontier Foundation.

The legislation makes online platforms like Google and Facebook directly liable for content uploaded by their users and mandates greater “cooperation” with copyright holders to police the uploading of infringing works. It also gives news publishers a new, special right to restrict how their stories are featured by news aggregators such as Google News. And it creates a new right for sports teams that could limit the ability of fans to share images and videos online.

Ars Technica

TIMOTHY B. LEE –

9/12/2018

The European Parliament has approved a package of dramatic changes to copyright law that will have big implications for the future of the Internet.

“We’re enormously disappointed that MEPs [Members of European Parliament] failed to listen to the concerns of their constituents and the wider Internet,” said Danny O’Brien, an analyst at the Electronic Frontier Foundation.

The legislation makes online platforms like Google and Facebook directly liable for content uploaded by their users and mandates greater “cooperation” with copyright holders to police the uploading of infringing works. It also gives news publishers a new, special right to restrict how their stories are featured by news aggregators such as Google News. And it creates a new right for sports teams that could limit the ability of fans to share images and videos online.

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The content in this post was found at https://arstechnica.com/tech-policy/2018/09/european-parliament-approves-copyright-bill-slammed-by-digital-rights-groups/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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Guest Post: Hip-Hop Is Dead: Understanding the Issues Regarding Digital Sampling in the U.S. and Germany and the Potential Demise of an “American” Genre

23 09 2018

JetLaw

Guest post by Mark Edward Blankenship Jr.

Sept. 19, 2018

In creating the album “Hip-Hop Is Dead”, Nasir Jones, better known by his stage name Nas, postulated that hip-hop artists can help rebuild America by having more control in their music in response to a dying culture and a decline in innovation and political outreach. Yet, in subsequent interviews leading up to the album’s release, the title’s meaning began to shift and change as he responded differently at various junctures, eventually concluding in 2016 that “hip-hop is in a “better” place than it was a decade prior. Yet during that same year, the United States would end up facing a circuit split regarding the legality of digital sampling, which is still currently up for debate.

Back in 2005, the Sixth Circuit in Bridgeport Music, Inc. v. Dimension Films applied a per se infringement standard for sound recordings and digital sampling which many scholars criticized as being the death of hip-hop.  . . .

The de minimis defense is neither a novel nor recondite concept of copyright law, especially outside of the United States. In Kraftwerk v. Pelham (also known as Metall auf Metall), Germany’s Federal Constitutional Court [hereinafter BverfG] applied a similar standard for sound recordings two days before VMG Salsoul. . . .

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Google’s servers housed by a third-party ISP qualify as a regular and established place of business to establish proper venue in the Eastern District of Texas

17 08 2018
Lex Blog
AUGUST 15, 2018
In our continued post-TC Heartland coverage, Judge Gilstrap in the Eastern District of Texas recently held that venue was proper because Google exercises exclusive control over physical servers implicated by the litigation, as well as the physical space within which the server is located and maintained. The court emphasized that the place where the server is located occupies a physical space, which is more than merely a virtual space or electronic communications from one person…

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CJEU rules the reposting of a photograph on the internet freely accessible on another website requires reauthorisation of the author

17 08 2018

Lex Blog

AUGUST 16, 2018

[ed notes: EU rules and actions; international]

The CJEU has ruled that an unauthorised reposting of a photograph on a website, which is already publicly accessible without restriction on another website, can infringe the copyright rights of a photographer (Renckhoff, C-161/17). It is of little importance if, as in the present case, the copyright holder does not limit the ways in which the photograph may be used by internet users.

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