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Intellectual Property News and Analysis – Intellepedia

American Broadcasting vs. Aereo – Landmark Copyright Infringement case

This Image depicts the Logo of Aereo Company. This Image is relevant as the article deals with the case of American Broadasting and Aereo company. Click on this Image for more Information.

This post was first published on Jun 27, 2014

On June 25th, 2014, the prolonged legal battle between Aereo, Inc. (Defendant) and the American Broadcasting Companies Inc. (Plaintiffs) – ABC, CBS, NBC and Fox, came to a screeching end. The US Supreme Court decided against the legitimacy of Aereo’s service on the grounds of Copyright Infringement. This is a landmark judgment in the Copyrights world since, if decided otherwise, there could have been a drastic impact on the market of television broadcasters.

Aereo Inc. was founded in 2012 with its Head Office in New York City. They offered a service that would allow their subscribers to view broadcast television at a menial $10-$12 a month. A subscriber could watch the broadcast on a cell phone or a computer and even record for viewing later.

Aereo provided each subscriber with a small antenna and a server tuned the antenna to the show that the subscriber desired to watch. A transcoder translated signals that the antenna received into data that could be transmitted over the internet. Although the streaming would run a few seconds behind the over-the-air-broadcast, it essentially served the purpose of a television broadcaster.

Nature of Business and IP

Intellectual Property

This post was first published on 6th August, 2013.   In the last column, addressing the relevance of IP to business, I pointed out that assessing the value of IP to a business requires a multi-factorial approach. Among others, the nature of business forms one of the fundamental factors for the said analysis. Businesses are of different types, and so are forms of Intellectual Property. Therefore, integrating the two, not surprisingly, requires the right mix and match to maximize value. For an SME, with limited financial resources, the appropriate mix and match assumes very high importance. By now, it is well understood that...

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Simple Steps to Plug IP Drainout

Intellectual Property

This post was first published on 6th August, 2013.   Start-ups and SMEs are often focused on building business and staying afloat in the competitive market that more often than not they miss out on taking simple measures that can go a long way in protecting their IP that forms the crux of their business, from people who deal with it every day. Signing of appropriate employment agreements is one among many such simple steps in safeguarding IP and is extremely important for an organisation. Besides streamlining the human resource management related aspects of the organisation employment agreements provide ownership over employees’ creations...

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Swiss Supreme Court Finally Approves Registration of the Sign “APPLE”, Xiaomi Introduces Mimoji Similar to that of Apple’s Memoji, Federal Court Holds Amazon Liable for Defective Third-Party Goods, and more.

Copyright and Entertainment Laws News

Xclusive-Lee Responds to Gigi Hadid’s Fair Use Defence; Swiss Supreme Court Finally Approves Registration of the Sign “APPLE”; Xiaomi Introduces Mimoji Similar to that of Apple’s Memoji; Federal Court Holds Amazon Liable for Defective Third-Party Goods; Apple Music has Crossed 60 Million Subscribers; A&M Studio and OneLoop Collaborate to Expand Digital Music Distribution; Court Rules in Favor of Andy Warhol in a Copyright Infringement Lawsuit; Top Chinese E-Commerce Platform Shein Shuts Down Partially, and more. COPYRIGHT QUOTE "You may be in the photograph, but that does not give you the right to use it without permission of the photographer." – Dr. Kalyan C....

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An Effective Method Towards the Protection of IP

The image depicts a hand holding a cut out piece of paper containing the Pirate Bay logo.

This post was first published on 5th July, 2012.   John Doe orders are generally issued against someone whose identity is unknown. This is usually served to online service providers and Internet Service Providers (ISPs) to obtain the identity of the author of an anonymous post. In the current instance John Doe orders were obtained by 'Reliance Big Entertainment Pvt' to block websites containing file sharing links, such as 'Pirate Bay' and 'Vimeo'. Recently, the producers of the Tamil films “3” and  “Dammu” had obtained similar orders. However, in these cases the court had granted interim injunction not just against the links which...

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Biodiversity law requirement of NBA Approval for Indian herbal companies

National Biodiversity Authority

The Earth’s biological resources are vital to humanity’s economic and social development, as well as for the maintenance of ecosystem health. Countries have long recognized that species, ecosystems, and biological diversity are of tremendous value to present and future generations. At the same time, the threat to species and ecosystems has never been greater. Species extinction caused by human activities continues at an alarming rate. For these reasons, countries have adopted a range of international treaties to protect species, habitats, and biological diversity itself.[1] India is one of the 17-mega biodiversity countries of the world. With only 2.4% of the...

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Swarovski’s Shining Trademark Win, Walmart Accused for Trademark Infringement, DPIIT Issues GI Logo, Tagline Usage Guidelines and Other News

Weekly Trademark News - BananaIP Counsels

  Indian Trademark Statistics for July (First Week), Cardi B’s Trademark Denied Registration, Teletubbies Arrive on ASOS, Hershey’s and Emoji Secure a Sweet Deal, Swarovski’s Shining Trademark Win, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK "Unlike other forms of IP, trademarks are there to stay, to stay and provide business/competitive value as long as your business lasts." – Dr. Kalyan C. Kankanala, BananaIP Counsels. INDIAN TRADEMARK STATISTICS Last week, the Indian Trademark Office have had a mixed pace. The total number of applications disposed through show cause hearings has increased by four percent (4%). Similarly, the...

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From Dress Pin to Safety Pin

This image depicts a Safety-Pin. This image is relevant as the post is about the evolution from Dress pin to Safety Pin. Click on this image for more information

  This post was first published on 2nd September, 2014.   Inventive step / Non-Obviousness is one of the most important patentability criteria in almost all patent jurisdictions. Non-obviousness is the term used by the USPTO and is codified in 35 USC § 103. The requirement is that the claimed invention being patented should not be obvious, meaning that a "person having ordinary skill in the art" should not be able to easily guess or put two or more things together to arrive at the invention seeking a patent  grant. Now, let’s discuss the Inventive step / Non-Obviousness criteria with an interesting example relating to the Dress Pin invention...

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Intellectual Property, Open Source and Intelligent Automobiles

Open Source Software (OSS)

  License: Creative Commons — Attribution-No Derivatives 4.0. Open Source Software (OSS) is today an integral part of every software development project, and there are open source projects for almost every utility and functionality. Software relating to Artificial Intelligence (AI) is not an exception, and there are several AI linked open source initiatives targeting the automotive sector. From autonomous vehicles to telematics, there are many open source projects addressing different aspects of mobility. Some examples of specific AI projects for the automotive industry include Apollo Project, Udacity, StreetDrone and Autoware for autonomous automobiles; and Automotive Grade Linux, Eclipse Open Mobility, and Asset...

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European Patent Office launches – Strategic Plan 2023, Interesting Inventions and more patent news

The featured image reads Weekly News Updates: Patent News. The logo of intellepedia also forms part of the featured image. To read more click here.

“Patent News Bulletin: Quote of the Week, Indian Patent Statistics, First Examination Report (FER) Statistics, Indian Industrial Design Statistics, NLUJA, Assam invites applications for IPR Chair Professor; European Patent Office launches - Strategic Plan 2023; Coordination Meeting for IGO’s to be hosted by WIPO in July and more” presented to you by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. QUOTE OF THE WEEK  “Patent risks in Open Source usage are real, and Companies must implement mitigation measures before they prove to be too late or too expensive” – Dr. Kalyan C. Kankanala, BananaIP Counsels  INDIAN PATENT STATISTICS A total...

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