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Hacking Fashion Week: IP Guide to Survival

LexBlog IP

Copycats: unregistered designs, unfair competition and copyright Better register first than be sorry later. In general it is a good idea to register fashion products which have a reasonable expectation of commercial success as designs or, where possible, as shape-trademarks before they appear on the catwalk.

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Supermarket Showdown (Lidl v Tesco) – Lidl’s rights (trade marks and copyright) in the Lidl logo are infringed by Tesco’s “Clubcard Price” signs

Kluwer Copyright Blog

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.

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[Guest post] Generative AI, originality, and the potential role of contract in protecting unoriginal works

The IPKat

This post further explores the argument that the outputs of generative AI tools are unprotected in the UK, despite the language in section 9(3) of the Copyright, Designs and Patents Act 1988 UK (CDPA) relating to computer-generated works. Does UK copyright law protection extend to computer-generated works which are not original?

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AI and copyright: Prompts and intellectual inputs this time from China

SpicyIP

Original work by a human The court held that the image qualifies as an original work of human intellectual achievement under applicable Chinese copyright law. Through various prompts, the plaintiff designed the character, the composition and layout of the image. IPKat questions the mechanical exercise reasoning here.

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SpicyIP Weekly Review (March 4-March 10)

SpicyIP

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.

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Not Funny! Unanimous SCOTUS in Jack Daniel’s v. VIP Holds That Parody Does Not Implicate First Amendment Concerns, But Only Implicates Likelihood of Confusion

LexBlog IP

On June 8, 2023, the Supreme Court unanimously decided the trademark parody case captioned Jack Daniel’s Properties, Inc. S. _ (2023) (hereinafter “Slip Op.”). Respondent VIP Products makes a squeaky, chewable dog toy designed to look like a bottle of Jack Daniel’s whiskey. Though not entirely.

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[Guest post] Litigation commenced against the developers of AI image generation software

The IPKat

While at this stage the particulars of Getty’s claim are unavailable, their press release states that Stability AI “unlawfully copied and processed millions of images protected by copyright and the associated metadata owned or represented by Getty Images”. What is AI image generation software?