The IPKat

OCTOBER 15, 2023

The design was largely attributable to functional and technical considerations and based on simple variations of previously known designs that are part of the general design repertoire. b) the work in question builds on and constitutes a variation of a previously known design or an ongoing design trend?

Art 70

Art Design Designs Marketing 70

LexBlog IP

MARCH 27, 2023

2,” and generally mimics the black and white design of the label and the square shape of the bottle: Previous decisions in the case have held that the design is a clear parody and therefore does not infringe the Jack Daniel’s trademark and/or trade dress rights. The toy replaces the text “Jack Daniel’s Old No.

Artistic Work 52

Artistic Work Design Designs Trademark 52

Biswajit Sarkar Copyright Blog

JULY 21, 2023

The section 2(c) of the 1957 Copyright Act of India defines ‘artistic work’ as any work that includes engraving, sculpture, painting, or a photograph. So what kind of works, provided they meet the requirement, qualify for copyright protection? In Alexander v. Take Two Interactive Software, Inc.,

Copyright 52

Copyright Artistic Work Copyright Infringement Ownership 52

Biswajit Sarkar Copyright Blog

JULY 21, 2023

The section 2(c) of the 1957 Copyright Act of India defines ‘artistic work’ as any work that includes engraving, sculpture, painting, or a photograph. So what kind of works, provided they meet the requirement, qualify for copyright protection? In Alexander v. Take Two Interactive Software, Inc.,

Artistic Work 52

Artistic Work Ownership Copyright Infringement Copyright 52

Kluwer Copyright Blog

OCTOBER 30, 2023

On copyright subsistence, the judge held that the Mark with Text is an artistic work, failing within the sub-category of “graphic works”. As part of this scheme, in September 2020, Tesco introduced the Clubcard Prices promotion: Tesco Clubcard holders were given discounts at the point of sale on certain products.

Copyright 58

Copyright Copying Design Designs 58

Velocity of Content

NOVEMBER 25, 2024

It is clear that AI is built on a foundation of immense works of authorship, many of which are protected by copyright. 7 When copyrighted works are used, AI systems typically make copies of the works to train and power AI outputs. 1858); Copyright, Designs and Patents Act 1988, c. ↩︎ See Grokster, 545 U.S. 48 § 21 (UK).

Copyright 52

Copyright Derivative Work Intellectual Property Copying 52

Kluwer Copyright Blog

MARCH 11, 2024

Copyright in the UK protects a closed list of works, which never conformed with the EU law’s open-ended approach, suggesting that copyright protection arises in respect of any work falling within the scope of Berne Convention and the InfoSoc directive , which is its “ author’s own intellectual creation ” (as confirmed in Infopaq in 2009).

Copyright Law 58

Copyright Law Law Copyright Intellectual Property Law 58

IP and Legal Filings

SEPTEMBER 12, 2022

The lack of organisation and ambiguity make the protection problematic even if the work is copyrighted. According to section 13 (1)(a) of Copyright Act of 1957 copyright subsists in original literary, dramatic, musical and artistic works. Appropriating such work would be illegal. right to copyright will exist.

Art 52

Art Copyright Artistic Work Public Domain 52

LexBlog IP

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Fair Use 52

Fair Use Cease and Desist Trademark Design 52

LexBlog IP

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Fair Use 52

Fair Use Cease and Desist Trademark Design 52

SpicyIP

MAY 6, 2024

The MHC in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs clarified the role of the ‘person skilled in the art’ (PSITA) in determining non-obviousness. Highlights of the Week Problem Statement Precision: A Key Factor in TSM-Based Non-Obviousness Determination? Microsoft Technology Licensing LLC v.

Trademark 59

Trademark Invention Licensing Patent 59

IP and Legal Filings

MARCH 29, 2022

The Paris Convention for the Protection of Industrial Property in 1883 and the Berne Convention for the Protection of Literary and Artistic Works in 1886 both acknowledged the significance of the intellectual property. The World Intellectual Property Organization administers both accords (WIPO).”. Image Source: gettyimage].

Intellectual Property 52

Intellectual Property Intellectual Property Law Artistic Work IP 52

SpicyIP

MARCH 11, 2024

Calm Water Therapeutics Llc vs The Assistant Controller Of Patents And Designs on 28 February, 2024 (Delhi High Court) The appeal challenged the rejection of a patent application for a “Bi-Functional Co-Polymer” by the Assistant Controller of Patents. Dr Reddy S Laboratories Limited vs Neutec Healthcare Pvt.

Trademark 59

Trademark Registration Copyright Patent 59

IPilogue

JANUARY 17, 2022

Photo from Cooper Hewitt , Smithsonian Design Museum, 1926. While many were observing the new year, intellectual property scholars and the artistic community were celebrating Public Domain Day. where the work was still protected by copyright. or other jurisdictions such as the U.K.

Public Domain 105

Public Domain Intellectual Property Copyright Social Media 105

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

In fact, although most battery patents relate to technical features of a battery, a recent lawsuit related to design patents addresses a specific visual battery pack housing. Up from just 10 cases involving patents related to battery technologies in 2011, 27 in 2020 alone there were 93 such cases in U.S. district courts, the U.S.

Intellectual Property 52

Intellectual Property Technology Journalism IP 52

43(B)log

OCTOBER 4, 2021

slide] Annual number of TTAB decisions under failure to function and related categories: 2000-2020—you can see an increase with a fall in 2020 due to the fact of 2020; 2021 looks to have regained the momentum of failure to function. Question: is a political newsletter really artistic?

IP 94

IP Trademark Advertising Advertising 94

IIPRD

JUNE 8, 2024

Abstract In the dynamic realm of the fashion industry, the saying ‘following in someone’s footsteps’ takes on a new dimension, where the replication of designs is not a mere stride but a strategic dance. Up-and-coming artists can exhibit their work to attract attention and serve as an inspiration to well-known brands.

Intellectual Property 52

Intellectual Property Design Designs Branding 52

Technology & Marketing Law Blog

JUNE 21, 2023

1125(c)(3)(C) by claiming its humorous use of the Jack Daniel’s marks was not pure commercial speech because it poked fun at the company in the Bad Spaniels design. The other issue in Jack Daniel’s was whether VIP could invoke the “noncommercial use of a mark” exemption from dilution liability in 15 U.S.C.

Trademark 105

Trademark Blogging Trademark Law Fair Use 105

IPilogue

SEPTEMBER 23, 2021

15(1) of the Berne Convention on the Protection of Literary and Artistic Works 1971 [ Berne ], which requires the author to prevail if their name appears on the work in the usual manner. The maker of a cinematographic work would be the odd one out in s. 13(1)’s grant of first ownership to the work’s author.

Ownership 92

Ownership Copyright Intellectual Property Design 92

IP and Legal Filings

SEPTEMBER 30, 2022

Artists are using virtual reality and augmented reality to create previously unimagined artworks. These artists’ works are undeniably unique and would be entitled to appropriate IP protection. Nike itself had taken the initiative to work with StockX primarily due to its faith in the verification process of StockX.

Trademark 52

Trademark Ownership Branding Brands 52