LexBlog IP

FEBRUARY 15, 2022

On February 05, 2022, the World Intellectual Property Organization (WIPO) announced that China had joined the Hague International Design System (the Hague System) that allows registering up to 100 designs in 94 countries through one international application. [1] 1] See [link]. [2] 2] See , [link]. 1] See [link]. [2]

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Designs Design Patent Prosecution Intellectual Property 40

Technology & Marketing Law Blog

MAY 17, 2024

If the issue lies in loopholes within the ToS, the solution seems straightforward: draft tighter contracts and perhaps incorporate a browsewrap on your platforms to catch those who don’t hold accounts. X’s breach of contract cases against CCDH for violating its ToS by scraping also didn’t fare well. In 2022, in ML Genius v.

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Blogging Contracts Fair Use Copyright Law 127

U.S. Department of Commerce

OCTOBER 13, 2022

Congratulations to the 2022 Energy & Environmental Stewardship Award winners! October 13, 2022. Thu, 10/13/2022 - 08:05. Please join us in congratulating the following recipients of the 2022 Department of Commerce Energy and Environmental Stewardship Awards: CATEGORY: Energy and Water Conservation Project. ASowah@doc.gov.

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Contracts Government Designs Design 52

JD Supra Law

JUNE 1, 2022

It is designed to increase return on investment for all stakeholders looking at the entire patent life cycle in a global portfolio. In this issue: - Split Panel Weighs General Skepticism Differently in Obviousness Inquiry - Blending Butane Brings Contract Law to 35 U.S.C. §

Contracts 52

Contracts Designs Design Law 52

The IPKat

APRIL 5, 2023

Andrew Lykiardopoulous KC and Henry Edwards of 8 New Square presented the patent case highlights of 2022 in the form of a delayed Christmas menu, ranging from Neo crackers to Optis turkey with secret sauce. There were 17 Patents Court judgments in 2022, eight of which were written by Meade J.

Reporting 70

Reporting Patent Patent Infringement Technology 70

The IPKat

FEBRUARY 12, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams , PhD researcher in the fields of copyright and dispute system design at the University of Antwerp, regarding Nigeria's Copyright Act 2022 (which came into effect in 2023) and its constitutional reference to copyright as movable property.

Copyright 60

Copyright Moral Rights Government Public Domain 60

BYU Copyright Blog

JANUARY 18, 2022

On January 3, 2022, Michael James Otto ("Otto") filed suit against Minnesota Independent School District No. 273 (the "District"), claiming that the District violated the longstanding copyright permissions agreement that governed the District's use of a hornet logo designed by Otto (the "Logo").

Copyright Infringement 95

Copyright Infringement Copyright Contracts Government 95

Kluwer Copyright Blog

APRIL 13, 2023

In this edition, we report on an AG Opinion that came out late in 2022 and update you on what has happened in the first trimester of 2023 in EU copyright law. On 15 December 2022, AG Szpunar delivered his opinion which sought to clarify the exception’s application to the rights of reproduction and communication to the public respectively.

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Copyright Law Law Copyright Copying 72

Technology & Marketing Law Blog

AUGUST 12, 2023

” Despite the contract, the defendants allegedly posted negative remarks about Hah’s work online. ” Despite the contract, the defendants allegedly posted negative remarks about Hah’s work online. Hah’s filings focused on breach of contract, so his other claims weren’t properly alleged.

Contracts 70

Contracts Licensing Business Blogging 70

Kluwer Copyright Blog

MARCH 18, 2024

Part II will focus on copyright contract law and claims under copyright law. IV. Copyright contract law (Sections 31 et seqq. This aspect of copyright contract law has so far not been harmonised by EU law. Section 31(5) UrhG contains an author-friendly interpretation rule for the granting of rights by authors.

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Law Copyright Law Copyright Contracts 61

Olartemoure Blog

MAY 13, 2022

On 5 May 2022, The People’s Republic of China (PCR) deposited a declaration of extension of the territorial application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) to Hong Kong, Special Administrative Region. . The territorial application will take effect on 1 December 2022.

Non-Fungible Tokens 52

Non-Fungible Tokens Intellectual Property Moral Rights Contracts 52

43(B)log

FEBRUARY 18, 2022

Goodman: Startup Law clinic: incorporation, TM, contract formation. Designed to make students feel that they have access to attorneys, separate from university. Contract w/MIT: obligated to help every student who comes to us. Income thresholds, using Patent Office’s standards for small enough to serve. That can be a struggle.

IP 60

IP Contracts Business Privacy 60

Fish & Richardson Trademark & Copyright Thoughts

APRIL 5, 2022

The ITC monthly wrap-up for March 2022 focuses on two Federal Circuit decisions that help explore two of the major differences between patent litigation in the International Trade Commission (ITC) and federal district court: (1) the form of relief (injunctive relief; not monetary damages), and (2) the domestic industry requirement per 19 U.S.C.

Contracts 52

Contracts Litigation Patent Designs 52

The IPKat

JANUARY 13, 2022

Tokenization of IP In a nutshell, "tokenization" means using a smart contract (i.e., The process of creating a digital asset with a smart contract is called "minting". The result is that the smart contract allows you to represent any IP, e.g., trademarks, designs, patents or copyrights, with a token. a MIT license ).

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

Technology & Marketing Law Blog

JANUARY 28, 2022

This is the screen design at issue: This is the Maine Supreme Court’s first foray into online contract formation. The court does not like the “done” approach: to a reasonably prudent user, clicking “DONE” would not indicate assent to a contract or, in fact, anything beyond having completed the registration process.

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Contracts Registration Designs Design 98

The TTABlog

NOVEMBER 21, 2022

91246728 (November 16, 2022) [not precedential] (Opinion by Judge Christopher Larkin). The Board noted that the parties ignored conflict-of-laws principles, and so it "deemed their arguments as manifesting their assent that we may interpret the 2015 Contract as if it were governed by United States contract law principles."

Contracts 52

Contracts Designs Design Registration 52

Herbert Smith Freehills

DECEMBER 8, 2022

On 1 June 2022 new competition rules for vertical agreements came into force in the EU and UK, the first time the two have diverged in recent years and a move requiring businesses operating in the territories to comply with both regimes. Last update: Friday, 9 December, 2022 - 00:15. Read more. . CMA increased focus on greenwashing.

Social Media 52

Social Media Branding Brands Branding 52

TorrentFreak

JUNE 27, 2024

In March 2022, YouTube began receiving DMCA takedown notices which claimed that content referenced in the notices infringed the rights of videogame developer Bungie. In June 2022, Bungie filed an amended complaint that named YouTuber/gamer ‘Lord Nazo’, real name Nicholas Minor, as the person responsible.

Intellectual Property 77

Intellectual Property Copyright Copyright Infringement Contracts 77

IIPRD

JANUARY 29, 2023

The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. 5] The content creator reached out to the artist for a commissioned artwork which is a unique character design. 4] Andrew L. 6] Stuart D.

IP 52

IP Artwork Contracts Intellectual Property 52

Velocity of Content

DECEMBER 2, 2022

More than 250 employees in editorial, sales, publicity, design, legal, and marketing departments at HarperCollins have been on strike since November 10, notes Andrew Albanese , Publishers Weekly senior writer.

Contracts 52

Contracts Publishing Reporting Designs 52

Plagiarism Today

JANUARY 5, 2023

As we discussed earlier this week , artificial intelligence was by far the biggest and most important plagiarism story of 2022 and likely will be in 2023. That has been further compounded by the release of ChatGPT in November 2022. Can detect essay mill and other forms of contract cheating. The issue is simple. Advantages: .

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Plagiarism Editing Technology Contracts 233

Kluwer Copyright Blog

MARCH 14, 2024

This article summarises the most important BGH copyright decisions in 2022 as well as selected lower-court case law. Part II will focus on copyright contract law and claims under copyright law. Part II of this post will focus on copyright contract law and claims under copyright law. This article is divided into two parts.

Law 61

Law Music Copyright Art 61

Technology & Marketing Law Blog

DECEMBER 7, 2022

” Prager, which makes misleading videos that appear designed to radicalize kids to the MAGA agenda, sued YouTube over its demonetization decisions, claiming that YouTube had engaged in biased content moderation. Prager tried a variety of contract-based workarounds to Section 230.

Contracts 137

Contracts Publishing Law Government 137

Herbert Smith Freehills

DECEMBER 8, 2022

On 1 June 2022 new competition rules for vertical agreements came into force in the EU and UK, the first time the two have diverged in recent years and a move requiring businesses operating in the territories to comply with both regimes. Read more. . Treatment of most favoured nation clauses – Stricter approach and more clarity needed.

Social Media 52

Social Media Branding Brands Branding 52

Patently-O

FEBRUARY 10, 2022

Design Patent No. D450,839 looks like a set of clown feet (image below), but, in actuality it covers “the ornamental design for a handle for introducer sheath” and is used as part of a medical catheter kit. Junker designed the handle with “large, rounded Mickey-Mouse-shaped ears” to make it easier to handle.

Business 76

Business Patent Invention Design Patent 76

The IPKat

MARCH 14, 2024

Background The solicitors to Ini Edo and Minini Empire Productions Limited (MEP) stated in their petition to the Nigerian Copyright Commission (NCC) and Trademarks and Patent Design Registry that Chinenye Nworah sought to bypass their right as co-owners of the IPRs to the movie, Shanty Town.

Copyright 75

Copyright Cease and Desist Ownership Registration 75

The IPKat

APRIL 19, 2023

The legal nature of an NFT In each NFT there is a non-fungible token created by the smart contract and an image (e.g., From this point of view, NFTs have been specifically designed as (or at least have become popular because they are apt to be) an ownable property, a digital intangible asset which can be sold, donated, etc.

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Non-Fungible Tokens Artwork Contracts Art 120

The IPKat

AUGUST 16, 2023

There has been a lot of excitement about whether an AI can be formally designated as an inventor. Copyright GuestKat Jonathan Coote explained the recent copyright infringement and breach of contract litigation relating to the popular remixes of Dua Lipa's song 'Levitating'.

Invention 52

Invention Inventor Branding Brands 52

The IPKat

FEBRUARY 13, 2024

26 standard for sequence listings came into force in July 2022 and applies to all new European applications filed after this date, including divisionals. Designation of the inventor (A-III-7) A-III-7 now states that the EPO will check whether the designated inventor is a natural person. 26 format for any new divisionals.

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Invention Art Inventor Designs 67

Patently-O

FEBRUARY 10, 2022

The Broadcom chips and Apple phones are manufactured outside of the United States, although they are largely designed in the US, and the nerve centers of marketing and sales are also in the US. Broadcom Ltd. and Apple Inc., The case involves wireless communication chip logic patented by CalTech. ” Halo Elecs., Marvell Tech.

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Patent Contracts Invention Designs 125

TorrentFreak

JANUARY 1, 2023

In March 2022, videogame giant Bungie decided to make an example of an unknown individual who was believed to have sent 96 fraudulent DMCA takedown notices to YouTube. “[P]laintiff pled six causes of action: fraudulent notice under §512(f) of the DMCA, false designation of origin under 15 U.S.C. Bungie Fights Back.

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Settlement Reporting Copyright Designs 109

The IPKat

MAY 9, 2023

The plaintiff’s suggested design was approved by the defendant as well as by the local authorities of the city where the mosque was to be constructed. In 2008, the parties concluded a contract, which included the following clauses [translation by this Kat]: § 4 Protection of the work and of the author […] 4.3

Copyright 52

Copyright Moral Rights Contracts Art 52

The IPKat

JUNE 26, 2022

The event is designed to encourage interactive discussions among participants through panel debates, with each of them covering 4 or 5 key topics related to each specific sector. There will also be panels on CJEU and General Court case law, judicial approaches to parasitic competition, and international design protection strategies.

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Intellectual Property IP Registration Copyright 114

43(B)log

FEBRUARY 22, 2023

Etienne Toussaint is an Assistant Professor of Law at the University of South Carolina School of Law where he teaches Contracts, Business Associations, Secured Transactions, and related seminar courses. For example, in 2022, he was awarded the Junior Great Teacher Award by the Society of American Law Teachers. Toussaint, Ph.D.,

Law 86

Law Journalism Contracts Publishing 86

The TTABlog

MARCH 2, 2022

In round two of what one person (me) dubbed the "Tinker Bell Fairy Fracas," the CAFC affirmed the Board's decision [ TTABlogged here ] sustaining a Section 2(d) opposition to registration of TEEN TINKER BELL and TEEN TINK & Design for dolls. 2022 USPQ2d XXX (Fed. 2022) [not precedential]. Welch 2022.

Public Domain 72

Public Domain Designs Design Registration 72

The IPKat

NOVEMBER 15, 2022

NFTs are created through smart contracts, pieces of code (a smart contract is a software, in other words) which are deployed on a blockchain through specific transactions (technically speaking, a transaction is a record written on the blockchain’s distributed ledger).

Contracts 80

Contracts Non-Fungible Tokens Technology Advertising 80

The IPKat

JANUARY 30, 2022

Here they are in case you missed them: TRADE MARKS Katfriend Marijus Dingilevskis posted on a recent decision of the Lithuanian Supreme Court, which states that even if a trade mark has been registered in the international register for 40 years, this is no guarantee that a subsequent national designation will be also registered.

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Moral Rights Database Right Designs Design 73