Intellectual Property Law Blog

OCTOBER 3, 2023

On August 18, 2023, the US District Court for the District of Columbia affirmed the U.S. Copyright Office’s denial of a copyright application for a work created using generative AI due to lack of human authorship ( Thaler v. Where AI alone creates a work, this point seems clear.

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Intellectual Property Law Blog

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. 2023) (slip op., 2023) (slip op.,

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Fair Use Trademark Cease and Desist Designs 130

IP and Legal Filings

MAY 24, 2024

Introduction On February 8, 2023, the jury returned its verdict in the infamous case Hermès vs Rothschild [1] , a significant precedent that has received acclamation and flak alike. 24, 2023) [link] Zachary Small, Hermès Wins MetaBirkins Lawsuit: Jurors Not Convinced NFTs Are Art, THE NEW YORK TIMES (Feb. 8, 2023) [link] [4] Jeremy S.

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JD Supra Law

JUNE 13, 2023

On June 8, 2023, the Supreme Court of the United States issued a unanimous decision in the case of Jack Daniel’s Properties, Inc. VIP Products LLC, No. 22-148, 599 U.S. VIP Products LLC, No. 22-148, 599 U.S. By: Goodell, DeVries, Leech & Dann, LLP

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Kluwer Copyright Blog

DECEMBER 7, 2023

Image by Kalpesh Ajugia from Pixabay00 THJ Systems Limited & Anor v Daniel Sheridan & Anor [2023] EWCA Civ 1354 concerned many issues but the one of most interesting was the correct legal test to consider whether a copyright work is original. Both sides appealed to the Court of Appeal. in which copyright subsists; b.

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Copyright Artistic Work Copyright Infringement Business 80

IIPRD

APRIL 3, 2024

It is here that the distinction between ‘design’ in the Designs Act and ‘artistic work’ in the Copyright Act becomes relevant. This is evidenced as an artistic work enjoys protection throughout the life of the author plus sixty years; whereas a design only enjoys protection for 10 years from registration.

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SpicyIP

SEPTEMBER 9, 2023

On September 5, 2023, as explained here , the US Copyright Office (USCO) issued an interesting decision in a copyright registration matter that involved AI-generated work. Previously, in the Thaler case , the US Copyright Office had refused to register an AI-generated work since the application named the AI-system as the author.

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LexBlog IP

JANUARY 19, 2023

In the lower court, the Second Circuit reversed the decision of the District Court and held that the Warhol work was not transformative because it maintained the “essential elements of its source material” and was not “fundamentally different and new.” Next, we have Abitron Austria GmbH v. Hetronic International.

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The IPKat

JUNE 18, 2023

Postgraduate Diploma/MA in UK, EU, and US Copyright Law Online Course Informa plc and King’s College London have partnered to offer a distance-learning course on UK, EU & US Copyright Law starting 27 September 2023. It deals with a wide range of rights (e.g.,

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Kluwer Copyright Blog

OCTOBER 17, 2023

Image from DALL-E 3 Introduction Generative AI is disrupting the creative process(es) of intellectual works on an unparalleled scale. More and more AI systems offer services that push users’ production capacity for new literary and artistic works beyond unforeseen barriers. ChatGPT , Smodin ), to perform music (i.e.,

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TorrentFreak

JUNE 2, 2024

The service, which isn’t named by the Ministry, reportedly had more than 14,000 subscribers who paid between 10 and 19 euros per month, resulting in “damage to the rights of the authors, producers and distributors of these artistic works.” and advised its customers the company had ceased trading with immediate effect.

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Kluwer Copyright Blog

JULY 24, 2024

Turning to outputs, courts and regulators have already been asked repeatedly (and usually answered no) as to whether genAI models, especially Text-To-Image (T2I) models, can be recognised as the creators of literary or artistic works worthy of some sort of copyright protection. You can find the full report here.

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IP and Legal Filings

MARCH 28, 2024

Introduction The year 2023 was a high for Indian cinema- with the love of the country for the big screen soaring high with box office numbers. 1] The Copyright Act protects certain types of works, which are included in Section 13. 27, 2023) [link] [2] Krishika Lulla v. 20, 2023) [link] [10] Arbaaz Khan Production (P) Ltd.

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The IPKat

APRIL 25, 2024

Does UK copyright law protection extend to computer-generated works which are not original? Ordinarily, for a literary, dramatic, musical or artistic work to be protected under the CDPA it must be original. Traditionally, the English Courts applied a test of ‘sufficient skill, labour or effort’ to determine originality.

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IP Tech Blog

JULY 12, 2023

The USCO rejected Kashtanova’s application to the extent it covered the images of the comic book (as opposed to the text) on the basis that AI-generated portions of the work lack the “human authorship” required to gain copyright protection in the USA.

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SpicyIP

DECEMBER 15, 2023

US Copyright Office issues another ruling on AI-authorship and copyright, reaffirming its decision to reject Ankit Sahni and RAGHAV’s artistic work. Ankit Sahni, an artist and lawyer, commissioned an AI-based tool that generates artistic works, by the name RAGHAV (‘Robust Artificially Intelligent Graphics and Art Visualizer’) in 2020.

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The IPKat

SEPTEMBER 29, 2022

Roberto Pardolesi gave a talk that focused on the antithesis between the two possible visions of copyright, one more inclined to see the works of art as a tradeable good, the other that mainly sees the protection of authorship as the main purpose of copyright.

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Technology & Marketing Law Blog

AUGUST 2, 2023

A new breed of artists is using generative artificial intelligence tools like DALL·E, Midjourney, Firefly, and ChatGPT to create artistic works. Do these creations belong to the artists or the public domain? 2023, Generative AI Works Found Ineligible for Copyright Under the U.S. By guest blogger Prof.

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SpicyIP

DECEMBER 4, 2023

Controller Of Patents on 24 November, 2023 (Delhi High Court) An appeal was filed against the impugned order rejecting a divisional application for lack of plurality of invention. Case Summaries Nripendra Kashyap Esco vs Asstt. Heineken Asia Pacific Pte. and sought permanent injunction against the use of the same. Sporta Technologies Pvt.

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SpicyIP

NOVEMBER 19, 2023

Filo Edtech Inc vs Union Of India & Anr on 16 November, 2023 (Delhi High Court) A Single Judge Bench of the Delhi High Court re-notified the matter for further hearing on November 21. The defendant argued that since the plaintiff’s work was exhibited in public its reproduction will fall under the ambit of fair use.

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The IPKat

FEBRUARY 3, 2023

This issue is often discussed in connection to section 9(3) of the Copyright Design and Patents Act (UK) , (CDPA) which provides that in the case of an artistic work which is computer-generated, the author shall be taken to be the person by whom the arrangements necessary for the creation of the work are undertaken.

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SpicyIP

DECEMBER 15, 2023

Image produced by using a generative AI model ‘AI Generated Work’, ‘Computer Generated’ and ‘Work’ in Copyright: Whether AI Generated Work is a ‘Work’? The session was a part of the Round Table discussion conducted by IUCIPRS, CUSAT in the memory of Valasalakutty Ma’am on August 5, 2023.

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Kluwer Copyright Blog

FEBRUARY 8, 2023

AI processes can generate a large number of literary, musical and artistic works in the span of several seconds. In light of the term of protection, if these works are automatically covered by copyright law, then the public domain will inevitably be jeopardised, and for a very long time.

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LexBlog IP

MARCH 9, 2023

They must first determine whether the work is one “of artistic expression” and thus prima facie entitled to protection under the First Amendment. If it is, the Court will then ask whether the use of the trademark bears any artistic relevance to the underlying work. 22-cv-384 (JSR), 2023 U.S. at *20.)

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IIPRD

OCTOBER 7, 2024

The Intellectual Property incorporates the makings of the thoughts such as the discoveries, literary and artistic works, design, symbols, names, and images used in the business. Economic Survey 2023-2024, Union Budget, Ministry of Finance, Department of Economic Affairs Government of India. References.

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LexBlog IP

DECEMBER 22, 2023

The copyright eligibility of computer-generated literature and artistic works is not, contrary to what many may think, a post-millennial question. 16, 2023), [link]. 1] Express Newspapers Plc v Liverpool Daily Post & Echo Plc [1985] 3 All E.R.

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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 Designs 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 Designs 52

IP and Legal Filings

JULY 23, 2024

The artist further emphasized that he had paid for all required payment for the singers’ voice algorithms and had acquired all the required permissions from their family members. The same is a perfect illustration of how artistic works and technology might coexist in the next few years. 20, 2023) [5] Amitabh Bachchan v.

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IP and Legal Filings

MAY 3, 2023

The word “originality” is frequently used in conjunction with the creativity of writers, thinkers, and artists. The Copyright , Designs and Patents Act of 1988 in the United Kingdom specifies in Section (1)(1)(a) that copyright exists in “original literary, dramatic, musical, or artistic works.” 1] [1916] 2 Ch 601. [2]

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LexBlog IP

JUNE 9, 2023

VIP Products LLC , 599 U.S. _ (2023). The United States Court of Appeals for the Ninth Circuit reversed, ruling that Jack Daniel’s infringement claim was subject to the Rogers test because the toy is an “expressive work” and therefore protected under the First Amendment. Jack Daniel’s Properties, Inc.

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LexBlog IP

MARCH 27, 2023

VIP Products LLC, (22-148) (March 22, 2023). The United States Supreme Court held oral arguments in connection with a dispute between Jack Daniel’s and VIP Products LLC (“VIP”) over a humorous dog toy which is intended to mimic the label of a Jack Daniel’s whisky bottle. Jack Daniel’s Properties, Inc. ” Id.

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LexBlog IP

FEBRUARY 26, 2024

However, although haute couture and high-concept fashion may be considered artistic works, Italian courts have rarely found designs of fashion or clothing products worthy of copyright protection. As designers take inspiration from competitors’ collections, so do organizers and stylists from other fashion shows.

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IIPRD

AUGUST 29, 2024

For example, a cinematograph film is created by the combined effort of the producers, directors, actors, composer, etc which eventually creates underlying rights within its musical works, literary works in screenplays, artistic works, and many more. 2023 SCC OnLine Del 3046. [7] & Intell.,

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LexBlog IP

OCTOBER 3, 2023

On August 18, 2023, the US District Court for the District of Columbia affirmed the U.S. Copyright Office’s denial of a copyright application for a work created using generative AI due to lack of human authorship ( Thaler v. ” Where AI alone creates a work, this point seems clear.

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Copyright Copyright Law Artistic Work Artwork 52

LexBlog IP

SEPTEMBER 11, 2023

2] The USCO, maintaining this perspective and upholding the human authorship requirement with respect to GenAI works, refused to register the copyright claim in the Work. The District Court Decision On August 18, 2023, invoking its jurisdiction under the Administrative Procedures Act to review a final agency action, Judge Beryl A.

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SpicyIP

DECEMBER 24, 2023

vs Mr. Anish Jain Trading as M/s Navkar Cosmo on December 20, 2023 (Delhi High Court) The Plaintiff contended that the Defendants had adopted identical packaging of its products, including eyeliner, kajal and mascara, and had only replaced the Plaintiff’s ‘GET BOLD’ mark with ‘NEW BOLD’, keeping the writing style and artwork identical.

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