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.

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Litigation Artistic Work Branding Brands 52

IP and Legal Filings

AUGUST 14, 2023

Choice Of Law In Ipr Infringement The nature of the rights is the primary concern in any international dispute that involves intellectual property rights. So, it would be unfair to him as well Third reason for not supporting the universally accepted theory is, in copyright, registration is not mandatory.

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Copyright Infringement Law Copyright Intellectual Property 52

LexBlog IP

JULY 12, 2023

Contrast between UK and US approaches Under English law, specifically the Copyright, Designs and Patents Act 1988 (“ CDPA ”), artistic works created by a computer can benefit from copyright protection (although there is no copyright registration system in the UK).

Copyright 52

Copyright Intellectual Property Artistic Work Government 52

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.,

Copyright 118

Copyright Art Copyright Law Licensing 118

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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Social Media Artistic Work Copyright Technology 52

LexBlog IP

FEBRUARY 26, 2024

The concrete realization of an idea which meets the validity requirements of “creative character” and “artistic value” can be protected under Italian copyright law. The appeal of using copyright as the means to acquire IP protection lies in the fact that it lasts up to 70 years after the creator’s death.

IP 52

IP Designs Design Copying 52

SpicyIP

MARCH 11, 2024

The plaintiff has registered its “Social” trademark and states to have invested considerably in its advertisement from 2001-2023. First, it argued that the plaintiff concealed material information that the registration of its mark was removed for non renewal in 2010 and was renewed only in 2019.

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Trademark Registration Copyright Patent 59

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 Ownership 52

Intepat

MAY 17, 2024

The generated work might be an original creation of the AI, or it could be considered a derivative work depending on the nature of the output and the input data used. Despite this, the Office denied copyright registration for the AI-generated images. In such cases, it amounts to licensing of copyrightable works.

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Ownership Confidentiality Contracts Copyright 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.

Copyright Law 52

Copyright Law Copyright Technology Registration 52

IIPRD

JUNE 8, 2024

Fundamentals concerning this trend’s effects on consumer perceptions, intellectual property rights, and brand integrity are brought up. Consequently, it is high time now that the fashion industry takes a proactive strategy to protect intellectual property rights. of total exports in 2020–2021 [3].

Intellectual Property 52

Intellectual Property Designs Design Branding 52

SpicyIP

FEBRUARY 12, 2024

His passion lies in understanding the intersection of economics and public health with intellectual property rights. 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”. Read on for more!

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Trademark Social Media Registering Trademarks Copyright 80

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.”

Trademark 101

Trademark Blogging Trademark Law Fair Use 101