Originally posted 2015-01-27 14:41:07. Republished by Blog Post PromoterA lot of people, including judges, lawyers and civilians, don’t seem to really understand what statutory damages are all about.  They are not supposed to be a windfall (discussed more here).  But just tell that to the jury that

The latest issue of Music & Copyright has now been published. Here are some of this issue’s highlights. HEADLINE FEATURE: China rising up the rankings in Omdia’s latest global recorded-music forecasts Omdia has updated its forecasts for retail sales of recorded-music. In line with the last coupl

And suddenly everything became a lot more real; last week Meta launched Muse Image alongside Instagram’s ‘reuse + AI’ setting and then shelved the latter feature in a matter of days. Everyday people could have become the subject of AI manipulation, and some supposedly did during this period: once a

Photographer Barbara Karant has filed a copyright lawsuit against the artist Mickalene Thomas. The case shows how much fair use has changed in just a few years. Source

BTS accused of copyright infringement with new song ‘Swim’, Australian government divided on AI issues and weather information service sued for infringement. Source

Originally posted 2008-02-25 00:46:28. Republished by Blog Post PromoterBrett Trout’s BlawgIT comprehensive and informative IP blog, BlawgIT, hosts Blawg Review # 148! The post Brett Trout hosts Blawg Review appeared first on LIKELIHOOD OF CONFUSION™.

The primary objective of fair use is not to confer a private benefit on those who copy the works of others, but to promote the progress of science and useful arts.1 The Copyright Act directs courts to specifically consider “the effect of the use upon the potential market for or value of the copyrigh

Bright Head, LLC v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associates Identified on Schedule A, No. 24 C 13410, Slip Op. (N.D. Ill. Feb. 13, 2026) (Bucklo, J.).Judge Bucklo denied without prejudice Defendant Yuyao Jixing Tool Co., Ltd. (d/b/a Wop

The World Intellectual Property Organization's recent report on SEP valuation methodologies provides a useful overview of comparable licences, bottom-up valuation and top-down approaches. However, in my view, the most important issue in FRAND valuation remains underexplored: the need to disting

A concerning new trend is emerging in Australian patent opposition proceedings, whereby Delegates of the Commissioner are increasingly invoking their discretion to raise grounds of opposition not raised by the parties themselves. While this is well within the power of the Delegates, it can lead to u

Originally posted 2014-11-19 12:24:01. Republished by Blog Post PromoterBut then again, too few to mention. The problem, of course, is someone else mentioning them. Google says it has the solution: When you enable Mail Goggles, it will check that you’re really sure you want to send that late night F

Originally posted 2005-04-25 22:47:00. Republished by Blog Post PromoterRead all about it: Appellate Law & Practice: Blawg Review #3. You just might learn something! The post Pitch for Blawg Review #3 appeared first on LIKELIHOOD OF CONFUSION™.

The FIFA World Cup may have been taking centre stage last week, but the world of IP was just as busy. If football kept you away from the latest IP developments, here is your roundup of last week’s posts on the IPKat:Patents & Regulatory ExclusivityClaire Gregg analysed the estoppel doctrines

The United States Supreme Court has granted certiorari to review the decision in Riseandshine Corporation, dba Rise Brewing v. Pepsico, Inc., in which the Second Circuit Court of Appeals held that RISE, although suggestive, is weak as a matter of law. Other circuits have treated distinctiveness as a

Originally posted 2013-11-03 23:05:05. Republished by Blog Post Promoter City walls including David’s Tower and the Valley of Hinnom, from Jaffa Gate Originally uploaded by Likelihood of Confusion. I was in Israel last week. In Israel there is more capacity for confusion, and for clarity, than anywh

New York Times-led group asks court to sanction OpenAI in US copyright dispute — In litigation originally filed in 2023 alleging the AI developer infringed copyright in news publishers’ works when it trained its Large Language Models, the group of newspapers this week asked the court to impose sanct

For years I was not really interested in the subject of AI consciousness, it was one of those subjects that I equated with unreasonableness at the extremes of the debate, but in which I did not have any strong opinions. This has been changing recently as the capabilities of AI […]

In Part I of this series, posted here, we reported on certain amendments to Trade Mark Law of the People’s Republic of China. In this article, we continue outlining some of the other important amendments.Voluntary cancellations now carry a one-year re-filing barWhere a trade mark is voluntarily canc

On 26 June 2026, the Standing Committee of the National People’s Congress adopted the fifth amendment to the Trade Mark Law of the People’s Republic of China. The revised law, expected to take effect on 1 January 2027, introduces a number of significant changes, including registrable subject matter,

Hachette and other publishers are facing a serious AI problem. Not only do they have to avoid using AI, they have to avoid the appearance of it as well. Source