The IPKat

DECEMBER 14, 2023

This Africa IP Highlights 2023 is the result of collaboration between myself and several IP practitioners and researchers across Africa: Clarisse Mideva ; Rita Chindah ; and Jessie Mgonga. Interested readers can find the Africa IP Highlights 2022, here. Today, we begin with developments in the copyright field.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. pending or issued registrations) and those that are not. Intellectual property is a company asset, just like inventory.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

The IPKat

FEBRUARY 3, 2023

As the well-known Sanremo Music Festival is approaching with the 2023 edition, the Italian Supreme Court recently issued decision No. 1107/2023 involving RAI - Radiotelevisione Italiana. The Supreme Court recalled the conditions of protectability of an artwork in a case involving a work created using software.

Art 99

Art Copyright Artwork Editing 99

Erik K Pelton

DECEMBER 20, 2022

And the number of active trademark registrations in the USPTO database is larger than ever. Additionally, since late December 2021, when new procedures went into effect, the USPTO has received around 100 expungement petitions and about 100 re-examination petitions to get rid of registrations for marks that are allegedly not in use.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

The IP Law Blog

SEPTEMBER 14, 2023

Allen won first place at the Colorado State Fair (the “Competition”) for the two-dimensional artwork entitled Théâtre D’opéra Spatial (the “Work”), which he produced with the aid of Artificial Intelligence (“AI”). Allen did not agree to the request and continued to request copyright registration of the entire work. Last year, Jason M.

Art 120

Art Copyright Registration Fair Use 120

The IPKat

SEPTEMBER 27, 2023

The deadline to respond is 18 October 2023. The USCO underlined again the importance of the “ human authorship ” requirement and stated that applicants must bear the duty to disclose the inclusion of AI-generated content in a work submitted for registration and to provide a brief explanation of the human author’s contribution to the work.

Copyright 98

Copyright Registration Artwork Fair Use 98

JD Supra Law

DECEMBER 20, 2023

While we wait for further guidance on the registrability of the art output by generative artificial intelligence (AI) models, the U.S. 11, 2023, the Copyright Office's Review Board rejected an artist's attempt to register his "2-D artwork" – now the fourth…. By: Holland & Knight LLP

Artwork 68

Artwork Law Art Registration 68

LexBlog IP

DECEMBER 21, 2023

On December 11, 2023, the Copyright Review Board affirmed the Copyright Office’s decision to reject Ankit Sahni’s application to register the AI-generated work depicted above. In effect, Sanhi was attempting to register the artwork as a derivative of his photograph. 16, 2023) (quoting U.S. The answer is ‘yes.’”)

Artwork 52

Artwork Derivative Work Copyright Editing 52

SpicyIP

SEPTEMBER 11, 2023

AI and Copyright: More Developments – Human Prompts are Not ‘Direct Instructions’ After the Thaler case, the US Copyright Office passed another interesting order on AI-generated works, this time refusing the registration due to the work’s failure to meet the de-minimis threshold. Shatrughan Kumar AKA Khesari Lal Yadav and Ors.

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Registration Trademark Copyright IP 105

IP Tech Blog

JANUARY 22, 2024

Copyright Office’s AI Initiative launched in early 2023. Among other things, the Initiative’s portal compiles registration decisions for AI-generated materials. Particularly instructive is a December 11, 2023 decision by the Copyright Review Board affirming the denial of registration to an AI-generated artwork.

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Registration Art Copyright Editing 62

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. Unlike the Thaler case, artist Jason Allen had applied for copyright registration of an AI-generated work ( Théâtre D’opéra Spatial ) naming himself as the author.

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Copyright Registration Artistic Work Artwork 116

The IPKat

APRIL 19, 2023

If a new user re-registers a name whose registration is expired, a new token is created. However, and beyond the fact that the registration is expired, any name maintains in the blockchain its own history. McCoy’s registration on the Namecoin blockchain expired In January 2015.

Non-Fungible Tokens 121

Non-Fungible Tokens Artwork Contracts Art 121

Intellectual Property Law Blog

OCTOBER 3, 2023

On August 18, 2023, the US District Court for the District of Columbia affirmed the U.S. In 2019, Stephen Thaler submitted a copyright application for his visual artwork, “A Recent Entrance to Paradise,” which stated that an AI computer algorithm, the “Creativity Machine,” created the artistic piece. Perlmutter, et.

Copyright 147

Copyright Copyright Law Artistic Work Artwork 147

Patent Trademark Blog

JULY 13, 2023

In addition to patents and trademarks, copyright registrations can be valuable in protecting certain products. Copyright registrations, therefore, may help to protect the 2-dimensional artwork of a design, the 3-dimensional shape of a product or a combination of both. In re Seminole Tribe of Florida , 2023 U.S.P.Q.2d

Designs 52

Designs Design Copyright Artwork 52

LexBlog IP

APRIL 26, 2023

Copyright Office originally granted copyright registration to a comic book titled “Zarya of the Dawn.” copyright office for registration. Kashtanova had previously applied for and obtained an original copyright registration for the Work, Registration # VAu001480196. PatentNext Takeaway: The U.S.

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Registration Copyright Editing Artwork 52

LexBlog IP

JANUARY 22, 2024

Copyright Office’s AI Initiative launched in early 2023. Among other things, the Initiative’s portal compiles registration decisions for AI-generated materials. Particularly instructive is a December 11, 2023 decision by the Copyright Review Board affirming the denial of registration to an AI-generated artwork.

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Registration Copyright Art Editing 52

BYU Copyright Blog

APRIL 29, 2024

Copyright Office already requires copyright registrants to disclose if content submitted for registration includes unclaimable AI-generated material. A simple statement of disclaimer must be included in the registration application. Authors must specifically disclaim any AI-generated parts during registration. 349 (1884).

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Copyright Registration Artwork Copyright Law 52

LexBlog IP

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. pending or issued registrations) and those that are not. Intellectual property is a company asset, just like inventory.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

Kluwer Copyright Blog

SEPTEMBER 6, 2023

This AI system — the so-called “Creativity Machine” — produced the artwork titled “ A Recent Entrance to Paradise ”. Conversely, if the Register denies an application for registration for lack of copyrightable subject matter, then this means that the work at issue was never copyright protectable. H&M Hennes & Mauritz ).

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Art Copyright Registration Artwork 72

IP and Legal Filings

MARCH 30, 2024

In addition, concerns have been raised regarding the authenticity and possession of the artwork, the involvement of the artist, and the authorship and ownership of its copyright in relation to the integration of artificial intelligence into the artistic process. Two major obstacles can be recognized in this context.

Ownership 52

Ownership Copyright Law Copyright Artwork 52

LexBlog IP

AUGUST 31, 2023

The primary challenge arising from AI-generated artwork pertains to copyright existence and ownership. Case Summary The plaintiff, Stephen Thaler, used the “Creativity Machine,” a generative AI technology, to generate a piece of artwork. However, in the case of AI, determining authorship becomes complex.

Artwork 52

Artwork Copyright Editing Ownership 52

LexBlog IP

AUGUST 1, 2023

courts are addressing lawsuits brought by artists alleging that AI-generated art infringes on copyrights held by the artists for their artwork. Plaintiffs asserted that the defendants’ conduct resulted in, among other things, copyright infringement of the plaintiffs’ artwork. Several U.S.

Copyright 52

Copyright Artwork Copying Copyright Infringement 52

The TTABlog

MAY 10, 2023

90976324 (May 5, 2023) [not precedential] (Opinion by Judge Jonathan Hudis). However, when the evidence is insufficient to show that a proposed mark has been widely used in connection with the goods at issue, it is improper to refuse registration on the ground of failure-to-function. Welch 2023. How do you think this came out?

Artwork 60

Artwork Service Mark Registration Trademark 60

The TTABlog

NOVEMBER 27, 2023

90641690 (November 21, 2023) [precedentia] (Opinion by Judge Jonathan Hudis). A threshold question in evaluating the registrability of a trademark or service mark is whether the proposed mark meets the source indication requirement. 1578, 2023 USPQ2d 677, at *5 (2023) (cleaned up). Welch 2023. Jack Daniel’s Props.,

Service Mark 60

Service Mark Registration Artwork Business 60

The IPKat

JULY 23, 2023

Upcoming Conferences The "CITMA Autumn Conference" will take place on 19 October 2023 at the Library of Birmingham, UK. Registration closes on 6 October 2023. The conference is free, but registration is required, which closes on 25 September 2023. More details, here. Spaces are limited, so register soon.

Confidentiality 40

Confidentiality Artwork Registration Intellectual Property 40

IP Tech Blog

SEPTEMBER 25, 2023

2023 has been a watershed year for AI with its entry into the broader public consciousness. For those interested, written comments are due by October 18, 2023. AI has been front and center in the legal space as well, as this blog has detailed here and here. Now, the U.S. We will track further developments in this space.

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Copyright Technology Artwork Blogging 62

LexBlog IP

APRIL 23, 2023

Copyright Guidelines for Works Containing AI-Generated Material by Aaron Rice Introduction The United States Copyright Office published comprehensive guidelines addressing the registration process for works containing material generated by Artificial Intelligence (AI). Authorship and Human Contribution A. Identifying AI-Generated Material A.

Copyright 52

Copyright Intellectual Property Derivative Work Editing 52

SpicyIP

DECEMBER 17, 2023

Ankit Sahni’s AI “Co-authored” Artwork Denied Registration by US, Continues to be Registered in India Can AI (co)author art? vs Controller Of Patents on 8 December, 2023 (Delhi High Court) Emerson’s appeals under Section 117A of the Patents Act, 1970, contest the rejection of patent applications (Nos. M/S Loreal S.A

IP 59

IP Trademark Advertising Advertising 59

LexBlog IP

SEPTEMBER 14, 2023

Allen won first place at the Colorado State Fair (the “Competition”) for the two-dimensional artwork entitled Théâtre D’opéra Spatial (the “Work”), which he produced with the aid of Artificial Intelligence (“AI”). Last year, Jason M.

Art 52

Art Copyright Registration Fair Use 52

Patently-O

APRIL 18, 2024

Copyright Office refused registration on the basis that the work lacked the required human authorship. Using this system, he autonomously generated a 2-D artwork titled “A Recent Entrance to Paradise.” ” In August 2023, the district court granted summary judgment in favor of the Copyright Office. .”

Copyright Law 64

Copyright Law Copyright Registration Inventor 64

IIPRD

OCTOBER 7, 2024

Copyright also protects the original work of the inventors, such as the software code, literary work, music, and artwork. Protection without Registration : Different from patent and trademark, trade secrets don’t require to be registered, allowing startups to protect valuable information without disclosing it openly. References.

Intellectual Property 98

Intellectual Property Government Invention Branding 98

SpicyIP

JANUARY 13, 2025

The plaintiff had acquired numerous registrations in India for the MARRIOTT and MARRIOTT formative marks. In 2023, the plaintiff came across a hotel based in Mumbai, India under the trade name HOTEL PRIME MARRIOT with the exact spelling of ‘MARRIOTT’ as used by the plaintiff in its brand. Goenka, founder of the RPG Group.

Personality Rights 52

Personality Rights Trademark Registration Artwork 52

LexBlog IP

SEPTEMBER 25, 2023

2023 has been a watershed year for AI with its entry into the broader public consciousness. For those interested, written comments are due by October 18, 2023. AI has been front and center in the legal space as well, as this blog has detailed here and here. Now, the U.S. We will track further developments in this space.

Copyright 52

Copyright Technology Artwork Fair Use 52

LexBlog IP

MARCH 9, 2023

22-cv-384 (JSR), 2023 U.S. 2, 2023) (citation omitted).) Ownership of trademark rights is not contingent on a registration. In the United States, trademark rights are acquired through exclusive, continuous use, not registration. ” ( Hermès Int’l v. Rothschild , No. LEXIS 17669, at *11 (S.D.N.Y.

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Litigation Artistic Work Brands Branding 52

LexBlog IP

SEPTEMBER 11, 2023

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. The court then states plainly: “The [Copyright] Register did not err in denying the copyright registration application presented by plaintiff. 18, 2023)

Copyright Law 52

Copyright Law Copyright Technology Registration 52

Intepat

MAY 17, 2024

The United States Copyright Office has clarified the requirement for human authorship in generative AI through various decisions that rejected copyright registration for AI-generated works, each varying in human involvement. Despite this, the Office denied copyright registration for the AI-generated images.

Ownership 52

Ownership Contracts Confidentiality Copyright 52

LexBlog IP

OCTOBER 3, 2023

On August 18, 2023, the US District Court for the District of Columbia affirmed the U.S. In 2019, Stephen Thaler submitted a copyright application for his visual artwork, “A Recent Entrance to Paradise,” which stated that an AI computer algorithm, the “Creativity Machine,” created the artistic piece.

Copyright 52

Copyright Copyright Law Artistic Work Artwork 52