Press "Enter" to skip to content

Dekuzu Posts

Willfulness of infringement as precondition to award

Published 24th May 2020

A plaintiff in a trademark infringement suit is not required to show that a defendant willfully infringed the plaintiff’s trademark as a precondition to a profits award

The Lanham Act provision governing remedies for trademark violations, makes a showing of willfulness a precondition to a profits award in a suit under §1125(c) for trademark dilution, but §1125(a) has never required such a showing. Reading words into a statute should be avoided, especially when they are included elsewhere in the very same statute.

Continue readingWillfulness of infringement as precondition to award

Comments closed

Considered novels in Russian antipiracy law

Published 20th May 2020

In the times of COVID-19 pandemic the internet in Russia plays huge role. Many people staying at home due to so called self-isolation having internet as the means to make their work, to communicate and make many other important things including self-entertainment. Certainly the consumption of movies, music and other entertaining content has significantly risen and also significant part of such consumed content was illegal.

Continue readingConsidered novels in Russian antipiracy law

Comments closed

A copyright owner, who permits a licensee to grant sublicenses, cannot bring an infringement suit against a sublicensee

Published 30th April 2020

Stephanie Sinclair, a professional photographer, has brought copyright infringement lawsuit against Mashable and its parent company Ziff Davis, alleging infringement of copyright when Mashable posted one of her copyrighted photographs on its website. She maintains publicly- searchable website to showcase her photographs to potential customers and also maintains an account on Instagram. She has posted one of her photograph to her Instagram account viewable by anyone.

Continue readingA copyright owner, who permits a licensee to grant sublicenses, cannot bring an infringement suit against a sublicensee

Comments closed

The copyright in tattoo is over when the last becomes the part of likeness?

Published 29th April 2020

Solid Oak has brought copyright infringement lawsuit against 2K Games and Take-Two. Take-Two is a major developer, publisher, and marketer of interactive entertainment and video games that develops and publishes products through its wholly-owned subsidiaries, 2K and Rockstar Games. Defendants annually release an updated basketball simulation video game that depicts basketball with realistic renderings of different NBA teams, including lifelike depictions of NBA players and their tattoos.

Continue readingThe copyright in tattoo is over when the last becomes the part of likeness?

Comments closed

SWD IA on the EU copyright modernization – impacts of baseline and first option for fair remuneration of authors and performers

Published 26th March 2020

Baseline

The problem of information asymmetry is not likely to be resolved by market developments, including self-regulation, or MS legislation. Problems for creators as regards lack of information on the exploitation and revenues generated by their works will continue in a number of MS and the cross-border aspects of the problem will not be addressed.

Continue readingSWD IA on the EU copyright modernization – impacts of baseline and first option for fair remuneration of authors and performers

Comments closed

Third edition of USA copyright office compendium – compilations and derivative choreographic works

Published 26th March 2020

Derivative choreographic works

A derivative choreographic work is a work that is based on or derived from one or more preexisting works, regardless of whether the preexisting work is a choreographic work, a pantomime, or any other type of work listed in Section 102(a) of the Copyright Act. Typically, derivative choreography is a new version of a preexisting choreographic work or an entirely new work that combines preexisting choreography with a substantial amount of new material.

Continue readingThird edition of USA copyright office compendium – compilations and derivative choreographic works

Comments closed