Currently viewing the tag: "intellectual property"

The Lisbon Agreement for the Protection of Appellations of Origin and their International Registration was established in 1958 with the purpose of providing international protection for appellations of origin.  The Agreement sets up an international register and ensures that registered appellations receive the same protection in all member countries as they do in [...]

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Taylor Swift removed her entire music catalogue from Spotify.  A few months later, Jay-Z bought a Swedish music streaming service for $56 million. If streaming services and record companies didn’t rush to the war room, it wasn’t for lack of notice. Clearly change was coming.

On Monday, Jay-Z announced the launch of Tidal, [...]

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In the past few years, the United States Patent and Trademark Office (USPTO) has received numerous trademark applications for phrases created from political and social movements. Currently, the USPTO is considering two trademark applications for “Je Suis Charlie,” a phrase created in response to the terrorist attack on the French satirical newspaper, Charlie Hebdo, in [...]

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Universal, free access to the law is a prerequisite to open participation in government. Without an opportunity to access the law, citizens have no way to comprehend the rules that bind them. However, the relatively unknown practice of incorporation by reference (IBR) allows private organizations to charge for access to [...]

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Is Streaming Speech?

On March 3, 2015 By Chastity Bobo

Pandora had long thought it could use pre-1972 recordings free of charge, but the rock band The Turtles are trying to prove them wrong. Last week, Judge Philip S. Gutierrez denied Pandora’s motion to dismiss.  This is not the first time the signers from the Turtles, suing as Flo & Eddie, Inc., have been successful against [...]

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China’s anti-trust investigation of the American chip maker Qualcomm came to an end when the chip giant agreed to pay a record fine of about $975 million last Monday. According to the decision issued by China’s National Development and Reform Commission, the royalties Qualcomm collected from Chinese smartphone manufactures were “unfair” and “excessively [...]

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Who Rightfully Owns the Village People’s YMCA?

On February 23, 2015 By Victoria Roessler

The Village People are back in the spotlight, but not in costume this time. A trial has recently begun to determine the rightful songwriter behind twenty-four of the Village People’s biggest hits, including “YMCA” and “Macho Man.” In May 2012, Victor Willis, the original Village People singer-songwriter (or for those of your familiar with [...]

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Copyright law and popular music can sometimes appear to be strange bedfellows. The Founders were not likely to have intended this tension, given the fact that “promot[ing] the . . . useful Arts,” is followed by a phrase that limits the exclusive right to use, only “securing [it] for limited Times to Authors and Inventors.” [...]

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What to Expect After Teva v. Sandoz?

On February 18, 2015 By Emily Gabranski

Less than a month ago, the Supreme Court reversed the Federal Circuit’s en banc decision in Teva v. Sandoz, holding that the Court of Appeals must apply a “clear error” standard of review to all factual findings made in patent claim construction. The proper standard of review has been hotly debated for sometime, [...]

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After a series of cases holding software patents invalid in the wake of Alice v. CLS, the Federal Circuit, in DDR Holdings v. Hotels.com, encountered a set of software patents that it held to meet subject matter eligibility requirements. The patents in question were directed toward both systems and methods of generating composite [...]

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