Kluwer Copyright Blog

JUNE 16, 2021

Gutierrez held that Arty had contractually given up ownership of the rights over remix composition, and therefore had no grounds to sue. The Remixer Declaration provides that Arty does not have any ownership or financial interest in the “underlying musical composition” embodied in the Remix Master. Background and decision.

Music 98

Music Copyright Law Copyright Law 98

Intepat

SEPTEMBER 15, 2023

This burgeoning genre is not only pushing the boundaries of artistic expression but also challenging the established norms of copyright ownership. This blog post embarks on a comprehensive journey to unravel the complex issue of copyright ownership in AI-generated art. Copyright laws are designed to safeguard the rights of creators.

Art 105

Art Copyright Ownership Artwork 105

The IP Law Blog

SEPTEMBER 14, 2023

Allen originally filed for copyright registration on September 21, 2022, but did not disclose that he had used an AI system to create the work. Allen did not agree to the request and continued to request copyright registration of the entire work. Allen requested a second reconsideration on July 12, 2023, based on a number of arguments.

Art 120

Art Copyright Registration Fair Use 120

The TTABlog

FEBRUARY 7, 2024

The Board dismissed an opposition to registration of SPLIT DECISION for "Entertainment services in the nature of live visual and audio performances, namely, musical rock band," finding that Opposer Billy Stott failed to carry his burden to prove that Applicant Split Decision Music, LLC was not the owner of the mark. Wonderbread 5.

Ownership 53

Ownership Editing Music Service Mark 53

LexBlog IP

APRIL 24, 2023

” the Office’s recent registrability decision regarding the graphic novel created by Kris Kashtanova creates nearly insurmountable, unnecessary hurdles to all kinds of AI authorship. Combine that “mastermind/dominant” author doctrine with the run of cases discussing ownership of software outputs (i.e.,

Ownership 64

Ownership Copyright Registration Public Domain 64

SpicyIP

SEPTEMBER 16, 2024

Interestingly, T-Series enjoys joint ownership of the franchise “Aashiqui” with Vishesh Films. The viability of title registrations with societies and guilds has also been a major aspect of discussion for film title registrations. Lyca Productions v. The issue was resolved amicably, leading Kapoor to alter the film’s name.

Registration 105

Registration Television Trademark Trademark Law 105

The TTABlog

JUNE 14, 2021

Claiming common law rights in the mark TRAVELSMART for mobile apps related to travel, Petitioner AWP sought cancellation of a registration for the mark CHUBB TRAVEL SMART for similar mobile apps. A petitioner may petition to cancel a registration if such cancellation is within the zone of interests protected by the statute, 15 U.S.C.

Registration 52

Registration Ownership Advertising Advertising 52

43(B)log

AUGUST 19, 2021

CasperLabs was founded in October 2018 under that name. It filed an application to register CASPER as a trademark in connection with blockchain technology; the registration issued in November 2020. Thus, to prevail, Zamfir would need to rebut the presumptions created by the registration, and he didn’t.

Registration 56

Registration Social Media Trademark Registering Trademarks 56

43(B)log

JANUARY 18, 2022

WRB has an incontestable registration for “Hammer-Schlagen” and a registration for the trade dress of its stump, cross-peen hammer, and nails: specifically, “a three-dimensional configuration. DAMM has a registration for “Minneschlagen.” WRB’s word mark registration states that “the English translation of ‘hammer-schlagen’.

Registration 45

Registration Ownership Social Media Marketing 45

The TTABlog

SEPTEMBER 27, 2021

Applicant claimed ownership of the word-plus-design mark shown immediately below, for "clothing, namely, shirts, t-shirts, shorts, sweatshirts, pullovers, pants, jackets, coats, belts, socks, headwear and footwear." See , e.g., In re USA Warriors Ice Hockey Program, Inc. ,

Registration 40

Registration Ownership Design Designs 40

The IPKat

FEBRUARY 17, 2022

Registration was sought as a work-for-hire to the owner of the Creativity Machine. Secondly, the doctrine is about ownership, not existence of a valid copyright. The application stated that the Work had been autonomously created by a computer algorithm running on a machine.

Copyright 145

Copyright Artistic Work Copyright Law Contracts 145

CopyrightsWorld

APRIL 29, 2022

On November 3rd, 2018, Thaler filed a copyright application for A Recent Entrance to Paradise, designating himself as the claimant and the work’s author as “Creativity Machine,” saying that the copyright should be transferred from the AI to him due to his “ownership of the machine.” says the author.

Copyright 98

Copyright Artwork Public Domain Art 98

CopyrightsWorld

APRIL 29, 2022

On November 3rd, 2018, Thaler filed a copyright application for A Recent Entrance to Paradise, designating himself as the claimant and the work’s author as “Creativity Machine,” saying that the copyright should be transferred from the AI to him due to his “ownership of the machine.” says the author.

Copyright 98

Copyright Artwork Public Domain Copyright Law 98

Technology & Marketing Law Blog

MAY 15, 2024

In 2018, following his second prison stint, Nealy sued Warner Chappell for copyright infringement. at 1-2] At its heart, therefore, this case is a dispute about copyright ownership. Use of that song was in turn licensed to several popular television shows, including “So You Think You Can Dance.” 17 U.S.C. § 2021 WL 2905410, at *11-*12.

Music 105

Music Blogging Copyright Ownership 105

The IPKat

NOVEMBER 21, 2023

The Mark eventually registered in 2003 (the Registration). Just Maradona not attracting any attention at Napoli In 2021, following Maradona's untimely passing the previous year, Sattvica SA, an Argentinean company established by the footballer's former IP lawyer, applied for the Registration to be transferred to it (the Application).

Registration 67

Registration Ownership Intellectual Property Contracts 67

The TTABlog

DECEMBER 21, 2021

The NAKED condom case returned to the TTAB after a CAFC reversal [ TTABlogged here ] and the Supreme Court's denial of the registrant's petition for writ of certiorari (September 2021). According to Section 2(d), Australian was required to show ownership of a mark "previously used in the United States. Naked TM, LLC , Cancellation No.

Registration 53

Registration Contracts Advertising Advertising 53

TorrentFreak

JULY 13, 2023

After the US Ambassador to Vietnam got involved in 2018, calling on government officials to launch criminal prosecutions , several persistent sites suddenly shut down. Tonic says that maintaining that type of database would reveal registrant information, something that many of its customers consider “invasive of their privacy.”

Branding 98

Branding Brands Branding Registration 98

Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? It confirms both ownership of valid copyrights and copying by the defendants of original constituent elements of the works.

Blogging 111

Blogging Social Media Television Fair Use 111

SpicyIP

JANUARY 31, 2024

For instance, paragraph 19 of the order mentions the defendants’ claim of joint ownership of a pre-partition restaurant in Peshawar, Pakistan. ” Similarly, while the order mentions “joint ownership” of the restaurant, suggesting a shared creatorship over the dishes, media reporting (e.g.,

Inventor 64

Inventor Ownership Reporting Registration 64

The TTABlog

JULY 29, 2021

In a case decided under the TTAB's ACR regime, the Board granted a petition for cancellation of Nema Foods' twenty-year old registration for the mark SEYIDOGLU (in standard form) for various food items, finding that the mark falsely suggests a connection with Petitioner, a major manufacturer of food products, including Turkish desserts and jams.

Registration 40

Registration Cease and Desist Ownership Advertising 40

The TTABlog

JULY 5, 2023

The Board rendered a split decision in this opposition to registration of the mark EVOGUE for a wide variety of consumer electronic devices and accessories, tossing out Opposer Advance Magazine's Section 2(d) claim but partly upholding its dilution claim, based on the registered mark VOGUE for, inter alia , magazines and mobile phone software.

Registration 40

Registration Trademark Ownership Advertising 40

LexBlog IP

JANUARY 11, 2023

The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Registration of a mask work with the Copyright Office provides certain legal benefits, including the ability to bring a lawsuit for infringement of the mask work. Registration of a Mask Work.

Registration 40

Registration Design Designs Copying 40

SpicyIP

AUGUST 3, 2023

Moreover, the GI registration of Basmati has been a big issue in itself for which the Agricultural and Processed Food Products Export Development Authority (APEDA) was empowered to register it. India signed these treaties in 2018 , but the Copyright Amendment 2012 had already made several changes in the Act to make it treaty compliant.

Registration 98

Registration IP Copyright Blogging 98

IP and Legal Filings

SEPTEMBER 30, 2022

NFTs are an attempt to enforce decentralization, ownership tracking, and value storage, while also making the lawful owner’s claim to the original work visible in the event of duplication. It aims to act as valid proof of ownership and grants the creator “digital bragging rights” through traceable proof of ownership.

Non-Fungible Tokens 52

Non-Fungible Tokens Ownership Contracts Copyright 52

43(B)log

OCTOBER 31, 2022

In 2018, CasperLabs asked Zamfir to collaborate on developing a new blockchain. Zamfir has the burden of rebutting the presumption of ownership conferred by CasperLabs’ registered mark, but that burden can be met by showing that the registrant had not established valid ownership rights in the mark at the time of registration.

Registration 59

Registration Trademark Ownership Marketing 59

IP Tech Blog

NOVEMBER 25, 2022

Specifically, it sold clothing articles and shoes beginning sometime in 2018 and owned a corresponding trademark registration. In 2020, Jiaxing sought federal registration for a trademark covering, among other things, wine pourers and bottle stands. Jiaxing is a Chinese company that has sold products using the Riboli name.

Trademark 57

Trademark Registration Design Designs 57

IP and Legal Filings

JANUARY 19, 2023

The Central Bank of China announced in July 2018 that its prohibition on domestic cryptocurrencies had been quite successful, with barely 1% of crypto-trade activity involving Yuan. The 2017 prohibition did not go as far as to outlaw cryptocurrency ownership or mining, which the 2021 ban ultimately does).

Government 94

Government Marketing Marketing Business 94

More Than Your Mark

NOVEMBER 30, 2018

The position of the United States Patent and Trademark Office (USPTO) on trademarks for cannabis-related goods and services is discussed in my colleague’s blog post, “ Trademark Registration for Cannabis Trademark Owners a Legal Haze.”. Patents have issued with at least one claim containing the word “cannabis” or “cannabinoid.”

Patent 52

Patent Invention Patent Infringement Blogging 52

The TTABlog

NOVEMBER 7, 2022

In seeking cancellation of a registration for the mark KIMBERLEY KAMPERS for campers, Petitioner moved for summary judgment on the grounds of non-ownership and abandonment, but it failed to meet its initial burden to make a prima facie case. Here, Petitioner failed to meet its burden of production on either claim.

Ownership 40

Ownership Registration IP Copyright 40

LexBlog IP

SEPTEMBER 14, 2023

Allen originally filed for copyright registration on September 21, 2022, but did not disclose that he had used an AI system to create the work. Allen did not agree to the request and continued to request copyright registration of the entire work. Allen requested a second reconsideration on July 12, 2023, based on a number of arguments.

Art 52

Art Copyright Registration Fair Use 52

LexBlog IP

NOVEMBER 25, 2022

Specifically, it sold clothing articles and shoes beginning sometime in 2018 and owned a corresponding trademark registration. In 2020, Jiaxing sought federal registration for a trademark covering, among other things, wine pourers and bottle stands. Jiaxing is a Chinese company that has sold products using the Riboli name.

Trademark 52

Trademark Registration Design Designs 52

43(B)log

SEPTEMBER 11, 2023

Because the plaintiff doesn’t own the relevant registration, its §32 claims fail, but the court allows §43(a) claims to proceed, partially reversing the district court’s grant of summary judgment—but read on for more on what that might look like. It first expanded into Austin in 2018. Assignments of registered marks must be in writing.

Advertising 69

Advertising Advertising Marketing Marketing 69

The TTABlog

DECEMBER 5, 2022

The Board sustained an opposition to registration of the mark DANA DESIGN in the form shown below, for backpacks, hiking equipment, tents, and related goods, on the ground that the mark comprises the name of a living individual, Dana Gleason, without his consent and is therefore barred from registration by Section 2(c) of the Trademark Act.

Design 49

Design Designs Registration Ownership 49

Intepat

NOVEMBER 3, 2024

In such cases, ownership may be attributed to the publisher or another designated entity. Uday Prakash (2018) In this landmark case, author Uday Prakash sought to enforce his copyright over works published under a pseudonym. Ajay Kumar Goswami v.

Copyright 52

Copyright Moral Rights Ownership Publishing 52

IP and Legal Filings

OCTOBER 18, 2022

The protection includes ensuring registration ad enforcement within the territories of the country for the interested owners and applicants. As such, breeders can obtain patents, trademarks, and industrial designs that establish their ownership over legally approved new plant varieties. Image Source: Freepic].

Intellectual Property 52

Intellectual Property Registration Intellectual Property Law Law 52

LexBlog IP

MAY 3, 2022

A symbol or design is generally eligible for trademark registration if it can function as a source identifier of goods and services, is not similar to a prior mark or in conflict with other prior rights of a third party, and is not otherwise prohibited by trademark or other laws in China. Unlike the U.S.,

Design 52

Design Designs Trademark Intellectual Property 52

IIPRD

JUNE 13, 2024

IPR is the right for the ownership of the property which is not tangible and is the result of your intellect. Another question regarding AI-generated copyright work in India is, whether AI should be given ownership of the work or not. But in the current scenario, AI is causing greater challenges to the trademark law as well.

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59