IP and Legal Filings

MAY 3, 2023

Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. The word “originality” is frequently used in conjunction with the creativity of writers, thinkers, and artists. It was written with a distinct style and message.

Copyright 98

Copyright Public Domain Copying Publishing 98

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.

Contracts 78

Contracts Artistic Work Copyright Copyright Law 78

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? s advertisement for hats, copying Sarony’s Oscar Wilde No. By guest blogger Prof. Ehrich Bros.’s

Artwork 98

Artwork Blogging Art Copyright 98

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. Protecting Creative Works: Copyrights safeguard the startup’s original outputs from being copied or used without authorization. References.

Intellectual Property 98

Intellectual Property Government Invention Brands 98

LexBlog IP

FEBRUARY 26, 2024

The limitation with an unregistered design is that it merely confers the right to prevent third parties from using a design only when it occurs as a consequence of the copying the protected design. Unfair competition may protect your fashion items against copying in two scenarios.

IP 52

IP Design Designs Copying 52

Kluwer Copyright Blog

OCTOBER 30, 2023

Photo by Steve Buissinne via Pixabay The UK High Court has held that Lidl’s rights in the Lidl logo were infringed by Tesco’s Clubcard Price(s) signs ( [2023] EWHC 873 (Ch) ). Copyright infringement – Copyright subsists in the Lidl logo and this was copied by Tesco in creating their Clubcard Price(s) signs.

Copyright 64

Copyright Copying Designs Design 64

IP and Legal Filings

AUGUST 14, 2023

Person A makes a copy of the movie on his phone and shares it with his friends. Going back to the same example again, the first point of infringement would be where A illegally copied the film. In this scenario, when infringement has become borderless, should the rule of lex loci protectionis be blanketly applied to all the cases?

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

SpicyIP

FEBRUARY 12, 2024

Other Posts A Case of ‘Smart Copying’: ‘Peace Maker’ Restrained from Imitating ‘Officer’s Choice’ image from here Do you enjoy your whiskey? Plausibility’ and Admissibility of Post-Published Data in India In May 2023, the UK Court of Appeal upheld the invalidity of Bristol-Myers Squibb’s Apaxiban patent for lacking “plausibility”.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

Technology & Marketing Law Blog

JUNE 20, 2023

21-869 (May 18, 2023). For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work. 103(a) (“protection for a work employing preexisting material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully.”).

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

SpicyIP

DECEMBER 29, 2023

It is also worth noting that some negative prompts were copied and pasted by the plaintiff from anonymous user’s shared content in an online forum. As reported , the Review Board of the USCO has refused to register a work created using AI four times as of December 2023. IPKat questions the mechanical exercise reasoning here.

Copyright 59

Copyright Copyright Infringement Copyright Law Copying 59

IIPRD

JUNE 8, 2024

Not only this, this phenomenon also works in a bidirectional manner as these high-end brands copy from the local or thriving brands and new fashion designers who yet not have a holding in the industry. The prevalence of counterfeits and knockoffs can be attributed to the ease with which designs can be copied and shared online.

Intellectual Property 52

Intellectual Property Design Designs Brands 52

IP and Legal Filings

JANUARY 22, 2024

The domain of copyright deals with the literary, musical, dramatic, and artistic works, and cinematograph films. Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings. Zafar Mahfooz Nomani, 2023).

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

LexBlog IP

JUNE 5, 2023

598 U.S. _ (2023) (Citations are to the Slip Opinion (“Slip Op.”)). In a narrower sense, a use may be justified because copying is reasonably necessary to achieve the user’s new purpose.” They provide an economic incentive to create original works, which is the goal of copy­right.”

Fair Use 52

Fair Use Derivative Work Art Licensing 52

LexBlog IP

SEPTEMBER 15, 2022

Thom Tillis and Patrick Leahy they will deliver findings by June 2023. In his motion, Rothschild argued that he used “MetaBirkins” as a title to an artistic work as opposed to a source-identifying trademark.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

SpicyIP

MARCH 11, 2024

The plaintiff has registered its “Social” trademark and states to have invested considerably in its advertisement from 2001-2023. The Court also took note of the defendant’s applications for identical trademark and artistic work, despite the plaintiff’s prior registrations for lack of bona fides.

Trademark 59

Trademark Registration Copyright Patent 59

SpicyIP

MAY 6, 2024

UPL Limited vs The Controller Of Patents Designs And Trademarks on 30 April, 2024 (Calcutta High Court) Image from here The present dispute is an appeal challenging the order of Joint Controller, dated July 31, 2023, refusing patent application of the appellant. Bulgari S.P.A

Trademark 59

Trademark Invention Licensing Patent 59

LexBlog IP

JUNE 20, 2023

On June 8, 2023, the Supreme Court unanimously decided the trademark parody case captioned Jack Daniel’s Properties, Inc. S. _ (2023) (hereinafter “Slip Op.”). meaning] pervasive copying and trading off a brand’s goodwill [that] tends to confuse will get a Lanham Act pass under Rogers.”

Trademark 40

Trademark Designs Design Fair Use 40

LexBlog IP

SEPTEMBER 13, 2023

But the Greek Copyright Office (OPI) in a circular issued in 2017 clearly but obviously erroneously states that the possession of TV or Radio sets creates a presumption of use/communication to the public of works protected by the relevant CMOs.

Music 52

Music Television Copyright Related Rights 52

LexBlog IP

FEBRUARY 1, 2023

” This appeal presents a conflict between Rogers’ right to protect her celebrated name and the right of others to express themselves freely in their own artistic work. Rogers , 875 F.2d 2d at 996] The Rogers court held, at least as to the dancer’s Lanham Act claim, that the defendant was entitled to summary judgment.

Trademark 52

Trademark Intellectual Property Brands Branding 52