Kluwer Copyright Blog

MARCH 1, 2023

In the United States, the doctrine of fair use has been held to permit parody in uses ranging from rap music to children’s books. These fair use rights, the courts have said, have their roots in the U.S. Supreme Court, Brief for Petitioner (11 January 2023), page 3, available here. 22-148, U.S.

Fair Use 52

Fair Use Intellectual Property Law Trademark Law Trademark 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

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

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.

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59

LexBlog IP

JUNE 5, 2023

598 U.S. _ (2023) (Citations are to the Slip Opinion (“Slip Op.”)). Warhol and his Foundation’s claim of fair use lost. The case began after Prince died in 2016, when Vanity Fair magazine’s parent company, Condé Nast, published a special commemorative magazine celebrating his life. ” Id.

Fair Use 52

Fair Use Derivative Work Art Licensing 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

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.

Copyright 52

Copyright Copyright Law Artistic Work Artwork 52

IIPRD

APRIL 8, 2024

Accusations of copyright infringement have come up in recent times by creators, however the way generators like stable diffusion function, they transform these images to an extent where they appear to be a new creation, such nature and the application of the fair use doctrine appears to be an alternate legal argument for these apps.

Art 52

Art Artwork Intellectual Property Copyright Law 52

LexBlog IP

SEPTEMBER 15, 2022

Indeed, the directors of the US Patent and Trademark Office and US Copyright Office are in the process of conducting a joint study to untangle the various interests at play, having promised Sens. Thom Tillis and Patrick Leahy they will deliver findings by June 2023.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

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.”). The Court made plain that using a senior user’s trademark as a trademark in a parody does not implicate First Amendment concerns. ” Id.

Trademark 40

Trademark Designs Design Fair Use 40

LexBlog IP

FEBRUARY 1, 2023

VIP Products, on the other hand, argued that their toy was protected under the doctrine of “fair use” as it was being used in a non-trademark sense, and that it was not likely to cause confusion among consumers. Rogers , 875 F.2d ” Id. ” Id. In VIP Products v. Jack Daniels Products , 953 F.3d

Trademark 52

Trademark Intellectual Property Branding Brands 52

Technology & Marketing Law Blog

JUNE 21, 2023

In its June 8, 2023 opinion written by Justice Kagan, a unanimous Court declined to decide whether it is ever appropriate to apply the Rogers test—or any threshold First Amendment filter—in a trademark infringement lawsuit before allowing the case to “proceed to the Lanham Act’s likelihood-of-confusion inquiry.” Redbubble, Inc. ,

Trademark 105

Trademark Blogging Trademark Law Fair Use 105

SpicyIP

OCTOBER 1, 2023

Simply Life India and Others CS(COMM) 652/2023 is full of curiosities for two reasons which I would comment upon in the following paragraphs, after introducing the context. Before bestowal, courts need to think, in appropriate cases, of rights of third parties, fair use covering mime, research/educational advancement, criticism and the like.

Personality Rights 111

Personality Rights Non-Fungible Tokens Copyright Social Media 111