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Furthermore, it is debatable whether the creation of NFTs can be considered “fairuse”, since (i) this generates a “new” public and a new “digital” market for artworks that, to date, only existed in the real world and (ii) it deprives de facto copyright holders of a potential source of income.
Background As previously reported by the IPKat last year, VEGAP, a collective management organisation for intellectual property rights in Spain, brought a claim against Punto Na SA, the IP holding company for the well-known clothing brand Mango, seeking compensation in respect of the alleged infringement of copyright in certain artworks.
which will determine the scope of the Lanham Act as applied to trademark infringement that occurs outside the US. The Court has also agreed to hear a patent case this term, and it will rule on a copyright fair-use case brought by the Andy Warhol Foundation for the Visual Arts that was heard this fall. 2012: [link].
This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. Stability AI, three artists filed a claim on the basis that their work was used by the AI to train the algorithm and use them in a transformative manner to create new work. [5]
30,000 Chanel labels, stickers, and authenticity cards bearing unique serial numbers were stolen from its Renato Corti factory in 2012. It can use its system to determine whether the type, color, and characteristics of an alleged product correspond with those of the genuine product Chanel manufactured and sold under that serial number.
While parody isn’t protected in the Constitution, fairuse was codified into U.S. In that case, ComicMix LLC was seeking to release a comic book that mashed up themes from the two elements, only to have the Ninth Circuit Court of Appeals rule against them, saying it was not protected by fairuse. Where Who’s Holiday!
Static Controls in 2012, a Lanham Act false advertising case, the Court gave us two more principles for interpreting section 43: a statutory cause of action extends only to plaintiffs whose interests “fall within the zone of interests protected by the law invoked.” None of those were branding uses. Then, in Lexmark v.
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