IP Watchdog

JANUARY 29, 2024

On Thursday, final judgments were issued in a pair of copyright infringement cases that arose from a now infamous 2014/2015 project New Portraits, where appropriations artist Richard Prince displayed Instagram photos and user comments as a purported commentary on social media and art.

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Likelihood of Confusion

OCTOBER 8, 2024

Originally posted 2015-05-13 15:51:00. Google case that keyword advertising can be trademark use giving rise […] The post Wherefore art thou trademark use? Google case that keyword advertising can be trademark use giving rise […] The post Wherefore art thou trademark use?

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IPilogue

NOVEMBER 15, 2021

On June 24, 2015, Ms. More recently, Kolker published an addendum to his article , concluding with: “At any moment, we all can retreat into our own echo chambers and decide on our versions of the truth—which can turn any of us into bad art friends.” . .

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JD Supra Law

DECEMBER 21, 2023

When Dynamic Drinkware was decided in 2015, commentators debated whether differences in the language of the American Invents Act (AIA) version of 35 USC § 102 would shield AIA patents from its restrictions.

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The IPKat

DECEMBER 31, 2021

Legal Background: Grace Periods According to Article 54 EPC , the state of the art for determining novelty constitutes everything that was made available to the public before the priority date of the patent application, regardless of whether the applicant/inventor was responsible for the publication. 102(b)(1)(A) ). 102(b)(1)(B) ).

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IP Law 360

NOVEMBER 15, 2023

Patent and Trademark Office Director Kathi Vidal designated new precedent Wednesday that post-America Invents Act patents don't have to worry about a Federal Circuit ruling regarding the relationship between priority applications and follow-up applications in prior art analysis.

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The IPKat

NOVEMBER 30, 2022

New definitions for “design” and “product” (Art. 2 Draft Directive, Art. Visibility is, however, required in the application for registration: design protection is conferred only for those features of appearance of a registered design that are shown visibly in the application for registration (art. 15 Draft Directive, art.

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Clancco

FEBRUARY 9, 2022

2015 – ongoing), C-Print. I had a lovely conversation with fellow lawyer and artist, Stephanie Drawdy, on the NFT craze, pets, art law, and the origins of The Art & Law Program. Ahh…Youth! Sergio Munoz Sarmiento. © and TM Sergio Muñoz Sarmiento. All rights reserved. You may listen to the Podcast here.

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Patently-O

JULY 22, 2024

Prior to 2015, over 35% of patents were examined by assistant examiners. See, Shine Sean Tu, Patenting Fast and Slow: Examiner and Applicant Use of Prior Art , 38 CARDOZO ARTS & ENT. 391 (2020); and Shine Sean Tu, Patenting Fast and Slow: Examiner Rejections and Applicant Traversals to Non-Prior Art Rejections , 2021 MICH.

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Patent Prosecution Patent Art Patent Application 115

Intellectual Property Law Blog

JUNE 5, 2023

In particular, this case establishes: (1) which party bears the burden of proof regarding whether a “skilled and diligent searcher” could have reasonably been expected to discover prior art such that failure to include it in an IPR petition estops the petitioner from raising it in other civil actions under 35 U.S.C. §

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Plagiarism Today

MAY 23, 2022

In July 2015, we looked at the case of The Dollop , which was accused of plagiarizing from the website Damn Interesting for its podcasts. Authors are posting to TikTok and YouTube, musicians are dabbling in visual arts, and everyone is picking up the pen to fill their social media accounts. A Repeating Problem.

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SpicyIP

AUGUST 29, 2024

Recently the MHC remanded a matter back to the Controller for re-consideration on whether the cited prior art would render the invention obvious in light of the explanation in the specification. 2621/CHENP/2015) related to brake system components in heavy duty vehicles for which FER ( pdf ) was issued on 04.07.2019.

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Invention Patent Application Art Patent 114

Kluwer Copyright Blog

NOVEMBER 4, 2021

This change was to bring art. The Copyright Directive does not offer its own definition of an ISSP, referring instead to the one provided by Directive 2015/1535 : it is a service normally provided for remuneration, at a distance, by electronic means, and at the individual request of the recipient of the service. However, art.

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IP Watchdog

DECEMBER 6, 2023

10, 2023), a key issue in inter partes reviews: how to establish a reference patent as prior art based on the filing date of an earlier-filed application, such as a provisional. 2015), do not apply for post-America Invents Act (AIA) patents. Rapidpulse, Inc., IPR2021-01466, Paper 34 (Mar. Nat’l Graphics, Inc., 3d 1375 (Fed.

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Art Patent Invention Designs 52

IPilogue

OCTOBER 7, 2022

In its October 2015 policy proposition , CARFAC also highlighted the reality that many artists living in isolated northern communities live in impoverished conditions, while their work dramatically appreciates in value. Inuit Art Foundation’s website. Not all Canadian galleries oppose ARRs.

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Kluwer Copyright Blog

JUNE 27, 2023

In addition to significantly changing the Portuguese Copyright Code , the Decree-Law also affects Law 26/2015 on collective management organizations and Decree-Law 122/2000 on databases, and creates a new dispute resolution mechanism called “specialized institutionalized arbitration and mediation in matters of copyright and related rights”.

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Art Contracts Publishing Licensing 105

The IPKat

SEPTEMBER 26, 2024

Press publishers’ right (Arts. 216/2) Art. These norms are challenged by the claimants who essentially submit that: the negotiation procedure under Arts. Unwaivable remuneration right for authors and performers for uses by OCSSPs (Art. 228/4) In its transposition of Art. 216/1 (case no. 216/2 (cases nos.

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JIPEL Copyright Blog

MARCH 23, 2022

Over the course of this winter, the art world has seen several significant developments in legal cases concerning the restitution of art looted by the Nazis during World War II. There have also been several significant recent developments for the restitution of Nazi-looted art within the United States.

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LexBlog IP

AUGUST 27, 2021

Important, in this appeal, was the subsidiary conclusion that one of the references – Anselm Bradford & Paul Haine, HTML5 Mastery: Semantics, Standards, and Styling (hereinafter “Bradford”) – qualified as prior art. The priority date of the VidStream patent is May 9, 2012. at 7-8 (quoting Anacor Pharm., ” Id.

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JD Supra Law

NOVEMBER 16, 2023

2015), that under pre-AIA 35 U.S.C. § RapidPulse, Inc., IPR2021-01466, Paper 34 (March 10, 2023) precedential as to section II.E.3. In that section, the Board found that the holding in Dynamic Drinkware, LLC v. Nat’l Graphics, Inc., 3d 1375, 1378 (Fed. By: Kilpatrick

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Art Patent Designs Design 61

Patently-O

NOVEMBER 28, 2023

RapidPulse decision in that provides important guidance on the use of a provisional patent application’s filing date for 102(a)(2) prior art under the America Invents Act. Notably, in order to be prior art under 102(a)(2), the application must first either (a) issue as a US patent (under 35 U.S.C. Penumbra, Inc. RapidPulse, Inc.

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The IPKat

NOVEMBER 20, 2023

Background On 14 July 2015, 44IP Limited (’44IP’), which manages the IP rights of Sir Lewis Carl Davidson Hamilton MBE, filed EU trade mark application no. The application of this principle required Lewis Hamilton to be famous in the entire EU at the filing date of the contested application, i.e. on 14 July 2015.

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Patently-O

JULY 22, 2021

Chemours is a 2015 spin-off from Du Pont. Daikin petitioned for inter partes review, and the PTAB agreed that the claims were invalid as obvious based upon a single prior art reference, U.S. Kaulbach prior art patent. The dissent argued that the opinion gives too much power to the teaching-away doctrine. Chemours Company v.

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Invention Art Marketing Marketing 126

SpicyIP

JULY 14, 2022

It appears that pleadings – notice of opposition, patentee’s reply/evidence and opponents’ response/evidence, were completed largely within prescribed timelines, around March 2015. Despite this, the patentee continued to file further evidence (of two more experts) up to the end of August 2015.

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Patent Law Invention Art 122

JD Supra Law

FEBRUARY 2, 2024

2015) that for a pre-AIA 35 U.S.C. § 102(e) prior-art reference to be entitled to a provisional application’s priority date, the provisional application must: describe the subject matter relied upon as prior art, and provide written description support for at least one claim in the prior art reference. 3d 1375, 1378 (Fed.

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Art Patent 63

The IPKat

MARCH 25, 2024

If you knew how to complete this phrase in 2015, you are part of the few percent of consumers who heard of the city of Compton and knew about its connection with hip-hop and rap music. Background On 8 September 2015, BIW Invest AG (‘BIW’) applied for registration of EU trade mark no. 7(1)(b) and (c) EUTMR ).

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Intellectual Property Law Blog

OCTOBER 6, 2023

Alice/Mayo Step 1 To determine if a claim is directed to a patent-ineligible concept, such as an abstract idea, “the focus of the claimed advance over the prior art [is evaluated] to determine if the claim’s character as a whole is directed to excluded subject matter.” PersonalWeb Techs. Google LLC , 8 F.4 4 th 1310, 1315 (Fed.

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Invention Art Patent Technology 147

JD Supra Law

FEBRUARY 21, 2024

IPR2021-01466, Paper 34 (March 10, 2023) (designated: November 15, 2023) (regarding prior art status under AIA § 102) The Director designated as precedential a final written decision holding that, for AIA patents, an analysis under Dynamic Drinkware v. 2015) is not required for determining whether a reference patent is prior art.

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Art Design Designs Patent 63

The IPKat

JANUARY 30, 2024

The protection of works of applied art by intellectual property is a divisive issue. Works of applied art can indeed be protected by copyright as long [ as explicitly mentioned by article L 112-2 10° of the CPI ] they are sufficiently original. This position calls for several comments.

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Designs Design Art Intellectual Property 75

Kluwer Copyright Blog

FEBRUARY 8, 2024

Laws aiming to remedy these issues have thus been adopted in Spain in 2011 and 2022 , Italy and Germany in 2013, Austria in 2015, France in 2016, the Netherlands and Belgium in 2018. It is thus very much in line with the spirit of Title IV, arts. A new para 2 to art. In order for the mechanism to be applicable, art.

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TorrentFreak

AUGUST 11, 2023

With regard to the DNS access blocks, no current violation of Art 3 Para 3 VO (EU) 2015/2120 was found and the procedure was discontinued in this respect.

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IP Publishing Reporting Music 98

Velocity of Content

DECEMBER 4, 2024

. ↩︎ The US Copyright Act provides an illustrative list of works that constitute a derivative work: translations, musical arrangements, dramatizations, fictionalizations, motion-picture versions, sound recordings, art reproductions, abridgments, and condensations. obligation under Art. 17 U.S.C. § ↩︎ See id. ↩︎ See Jane C.

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Derivative Work Copyright Moral Rights Copyright Law 52

Kluwer Copyright Blog

JUNE 1, 2023

sub c Satellite Directive 1993; Art. 3 Portability Regulation 2017; Art. 3 Directive 2019/789; Art. sub c Satellite Directive 1993; Art. 3 Portability Regulation 2017; Art. 3 Directive 2019/789; Art. Towards a modern, more European copyright framework, 9 December 2015, COM(2015) 626 final, nr.

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Copyright Law Copyright Law Art 116

Patently-O

AUGUST 14, 2022

The recapture rule has ordinarily been used to prohibit later recapture of scope that had been eliminated in an attempt to avoid a prior art rejection. Likewise, the MPEP finds impermissible recapture only when the original surrender relied on by the patent applicant to overcome the prior art. See also, Robert A. Guidant Corp.,

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Art Patent Application Patent Editing 78

SpicyIP

JANUARY 26, 2025

on 15 January, 2025 (Delhi High Court) Image from here In this case, Roppen Transportation Services Private Limited, operating under the well-known trademark RAPIDO since 2015, filed rectification petitions against Nipun Gupta, who had registered the identical mark RAPIDO in Classes 12, 25, 39, and 42 on a proposed to be used basis in 2020.

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SpicyIP

JANUARY 5, 2025

Arul Scarias two questions in his art i cle in The Hindu. Brief Facts In 2015, Naanum Rowdy Dhaan (Translation: I am also Rowdy), produced by Wunderbar Films, emerged as a significant project for Nayanthara and director Vignesh Shivan. Later, we will look at the controversy from the lens of Prof. vs Yashraj Films Pvt.

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Copyright Copyright Infringement Reporting IP 64

Olartemoure Blog

DECEMBER 21, 2023

The rotating feature ensures that every side of the tree gets its moment in the spotlight, offering a unique twist to the art of tree decoration. 03, 2015 A revolutionary approach to sustainable gift wrapping. This innovative patent introduces a fabric designed for eco-friendly and reusable gift presentation.

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