The IPKat

MARCH 14, 2024

The IPKat has received and is pleased to host the following guest contribution by Nkem Itanyi (University of Nigeria) on a recent dispute over copyright ownership of the movie, Shanty Town which premiered on Netflix in January 2023 and discussions over a sequel to the movie. GMC denied the assertions as false.

Copyright 75

Copyright Cease and Desist Ownership Registration 75

Plagiarism Today

AUGUST 2, 2022

However, those familiar with copyright law, immediately began to point out flaws in the plan. Spice DAO has announced that it is implementing a three-stage “redemption phase” that will see it attempt to pay back its members as much as possible and, likely, attempt to sell the book in the fourth quarter of 2023. Copyright Office.

Copyright 243

Copyright Non-Fungible Tokens Technology Plagiarism 243

Technology & Marketing Law Blog

DECEMBER 27, 2023

Grande Communications Networks, LLC, 2023 WL 1422808 (W.D. Jan 31, 2023). Another troubling ruling for an Internet access provider trying to shake a contributory copyright claim based on user-caused copyright infringement. Our strong presumption flows from copyright law’s asymmetric recoveries. March 29, 2023).

IP 73

IP Advertising Advertising Copyright 73

Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). 11 and 13 EUCFR , 19 UDHR , 27.1 UDHR, and 15.1

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Copyright Art Copyright Law Licensing 121

Patently-O

SEPTEMBER 1, 2023

by Dennis Crouch Generative Artificial intelligence (GenAI) systems like MidJourney and ChatGPT that can generate creative works have brought a wave of new questions and complexities to copyright law. On the heels of a recent court decision denying registrability of AI created work, the U.S.

Copyright 120

Copyright Copying Derivative Work Licensing 120

Technology & Marketing Law Blog

JANUARY 25, 2023

After he was released from jail, he got copyright registrations for the photos and sued (pro se) the media entities for copyright infringement, 1202 violations, and more. We know that he doesn’t have any copyright in the photos just because he appears in them (that would be an Innocence of Muslims redux ).

Copyright 124

Copyright Fair Use Licensing Ownership 124

LexBlog IP

SEPTEMBER 14, 2023

Despite receiving this accolade and Allen’s arguments that he contributed significant creative elements to the AI-generated Work, his attempts to copyright the work have been unsuccessful. Allen originally filed for copyright registration on September 21, 2022, but did not disclose that he had used an AI system to create the work.

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Art Copyright Registration Fair Use 52

LexBlog IP

DECEMBER 26, 2023

The legal world is buzzing about AI and its use for all kinds of things, including generating logos, text, and other things people would normally want to register for copyright or trademark protection. used in those generated logos retain the ownership to that original art and do not give you a license to use it exclusively.

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Designs Design Trademark Copyright 52

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 Court of Genoa held that the architect was the author of the work and that RAI had infringed her copyright.

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Art Copyright Artwork Editing 127

Patently-O

JANUARY 24, 2023

Thaler’s petition for writ of certiorari to the US Supreme Court would have been due last week, but Thaler was able to obtain an extension with the petition now being due March 19, 2023. Part of the justification for delay is that Dr. Thaler and his attorneys have a parallel copyright case pending. Jan 10, 2023).

Invention 125

Invention Intellectual Property Registration Copyright 125

Patently-O

AUGUST 18, 2023

18, 2023). A federal court has dealt a blow to the prospect of granting copyright protections to works created entirely by artificial intelligence systems. In their recent decision, Judge Howell ruled that because AI systems lack human authorship, their output is ineligible for copyright. Copyright Office.

Copyright 76

Copyright Public Domain Copyright Law Ownership 76

43(B)log

DECEMBER 6, 2023

3d -, 2023 WL 3602813, No. 15, 2023) Williams, a professional artist, was commissioned to paint an abstract mural on the wall of a building located in Des Moines, Iowa. Williams registered his copyright and sued, alleging infringement, violation of VARA, and §1202 violations. Hy-Vee, Inc., 4:22-cv-00025-RGE-HCA (S.D.

Ownership 67

Ownership Contracts Copyright Registration 67

Intellectual Property Law Blog

MAY 2, 2023

On April 21, 2023, the Secretary of Homeland Security, Alejandro N. Additionally, on January 23, 2023, the National Institute of Standards and Technology (“NIST”) released the first version of its “ Artificial Intelligence Risk Management Framework ” (“AI RMF 1.0”). Copyright Office and the U.S. Both the U.S.

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Government Business Licensing Copyright 237

The TTABlog

DECEMBER 20, 2023

As you may recall, Pamela Chestek, sometimes known as the IP Ownership Maven ( blog ), applied to register the mark CHESTEK LEGAL on behalf of her law firm, for "legal services." The USPTO refused registration, citing violation of Trademark Rules 2.189 and 2.32(a)(2) Text Copyright John L. Welch 2023.

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Ownership Blogging Registration IP 64

LexBlog IP

OCTOBER 3, 2023

The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of copyright is human authorship. But unanswered questions abound. Perlmutter, et.

Copyright 52

Copyright Copyright Law Artistic Work Ownership 52

IP and Legal Filings

AUGUST 14, 2023

The theory of Territoriality states that since disputes relating to the registration and validity of intellectual property rights are typically considered to fall under the exclusive jurisdiction of the State in which such registration was applied for, the choice of law should favour that State. Copyright is a more complicated problem.

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

LexBlog IP

AUGUST 31, 2023

This decision raises many issues regarding copyright ownership that will require further court involvement and/or policy reform. This decision raises many issues regarding copyright ownership that will require further court involvement and/or policy reform. ” Thereafter, Thaler filed a complaint in the D.C.

Artwork 52

Artwork Copyright Editing Ownership 52

The TTABlog

JULY 5, 2023

The Board rendered a split decision in this opposition to registration of the mark EVOGUE for a wide variety of consumer electronic devices and accessories, tossing out Opposer Advance Magazine's Section 2(d) claim but partly upholding its dilution claim, based on the registered mark VOGUE for, inter alia , magazines and mobile phone software.

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Registration Trademark Ownership Advertising 52

Kluwer Copyright Blog

SEPTEMBER 6, 2023

Introduction Part 1 analysed an Italian case related to the copyright protection of a “floral fractal” generated via machine-learning (see RAI vs Biancheri ). He sought to register the work for a copyright in the US, listing the computer system as the author and explaining that the copyright should transfer to him as the owner of the machine.

Art 64

Art Copyright Registration Artwork 64

The IPKat

JANUARY 15, 2023

Events 19 January 2023: “Vintage Brands and the New Bad Faith Conundrum” Fide Foundation and TIPSA (Transatlantic Intellectual Property Academy) will hold the 24 Global Digital Encounters on 19 January 2023. More information and registration are available here and here. 26 January 2023: “Who owns your ink?

Intellectual Property 64

Intellectual Property Intellectual Property Law IP Journalism 64

The TTABlog

FEBRUARY 13, 2023

90330813 (February 8, 2023) [not precedential] (Opinion by Judge Robert H. Applicant insisted that "the meaning of 'soul food' in connection with grocery stores is different than it is for actual cuisine, in that the first impression refers to [Black] culture and ownership." Text Copyright John L. Welch 2023.

Marketing 67

Marketing Marketing Ownership Registration 67

The TTABlog

SEPTEMBER 11, 2023

91239678 and 91244601 (September 8, 2023) [not precedential] (Opinion by Judge Frances S. The Board did, however, find that applicant's ownership of a registration for a virtually identical mark for magazines weighed heavily in favor of applicant as to its word-and-design application. Text Copyright John L. Welch 2023.

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Music Designs Design Registration 73

SpicyIP

OCTOBER 9, 2023

People of India might not just be another simple copyright infringement case, argue Nivrati, Swaraj and Praharsh in their post. Read on to know their thoughts on the controversy, questions around ownership of the work and copyrightability of business model and more! Read Gaurangi’s post on the NGT’s order.

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Social Media IP Government Copyright 59

BYU Copyright Blog

JULY 25, 2023

On July 10, 2023, James Messerschmidt (“Messerschmidt”), a photographer from Queens, New York, brought legal action against Zen City Academy (the “Academy”) in a Federal District Court in Texas. The case brings claims for copyright infringements under Title 17 of the U.S.

Intellectual Property 52

Intellectual Property Ownership Copyright Copyright Infringement 52

IP and Legal Filings

MAY 10, 2024

Its gained momentum with the advent of importance in R&D and patent registration. Indian Copyright Act, 1957 – sections 30 to 32 provide for licensing. Assignment of License is transfer of ownership. Where licensing is temporary, assignment is a transfer of IP rights like ownership over the invention.

Intellectual Property 101

Intellectual Property Technology Licensing Invention 101

The TTABlog

APRIL 29, 2024

This includes the name of the opposer, which is identified on the ESTTA filing form directly following the statement: “Notice is hereby given that the following party opposes registration of the indicated application.” Therefore, it is available as a ground for opposition, but judgment is contingent on issuance of a registration on that U.S.

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Registration Ownership Trademark Law 46

Technology & Marketing Law Blog

AUGUST 2, 2023

Do creators who use generative AI maintain copyright in their creations? Copyright Office took a stance against generative-AI works, cancelling a copyright claim by author Kris Kashtanova for comic book images made with the aid of Midjourney. 2023, Generative AI Works Found Ineligible for Copyright Under the U.S.

Artwork 96

Artwork Blogging Art Copyright 96

43(B)log

AUGUST 4, 2023

Biofire isn’t submitting for registration in NJ to avoid triggering law. Mark Schultz, Video on Demand Services: New Frontiers in Regulation of Cultural Policy, Industrial Policy & Copyright Streaming took off, and regulation was close behind, motivated by concerns about culture. Canada, Bill C-11 passed.

Copyright 52

Copyright Fair Use Marketing Marketing 52

The TTABlog

MAY 28, 2024

2023-1383 (Fed. The causation requirement was satisfied because "[t]he allegedly unlawful registrations of Appellees’ marks cause a diminishment of value in Appellant’s Hobbs Winery ownership interest." registrations are cancelled, not marks - ed. ]. Text Copyright John L. Luca McDermott Catena Trust v.

Registering Trademarks 56

Registering Trademarks Registration Trademark Ownership 56

TorrentFreak

AUGUST 1, 2023

Dated July 31, 2023, and approved by President Putin himself, Federal Law No. That’s just a prelude to further restrictions coming into force in the weeks before Christmas 2023. On top, regular hosting providers will be subjected to state registration and new obligations along similar lines to those imposed on VPN providers.

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Government Registration Privacy Business 98

SpicyIP

JANUARY 29, 2024

Here is another round of SpicyIP flashbacks by Lokesh, where he looks into Rahul Cherian’s legacy regarding Copyright Disability Exceptions, National Pharmaceutical Policies and Drug Pricing, and the complicated relationship between Taxation and IP. SpicyIP Tidbit: Bombay High Court Issues Dynamic Injunction to Protect National Interests!

Music 59

Music Intellectual Property Copyright IP 59

Intepat

MAY 17, 2024

Copyrightability of Prompts Prompt engineering is recognized as essential for harnessing the full potential of generative AI technologies, as it optimizes the interaction between humans and AI systems. For a prompt to be protected under copyright law, it must meet the criteria of originality and fixation.

Ownership 52

Ownership Contracts Confidentiality Copyright 52

The TTABlog

OCTOBER 10, 2023

In an exhaustive and exhausting decision, the Board sustained an opposition to registration of the mark HME in the stylized from shown below, for various types of pipes and other building products, finding confusion likely with opposer's mark KME for overlapping goods. KME Germany GmbH v. Zhejiang Hailiang Co.,

Marketing 67

Marketing Marketing Ownership Registration 67

Technology & Marketing Law Blog

APRIL 29, 2023

Of the efficacious four, three were based exclusively on trademark rights, not copyright. The court says those aren’t DMCA takedown notices by definition, because they didn’t assert any copyright interests; so they are outside 512(f)’s scope. Because the other 21 didn’t have any effect, the court ignores those.

Fair Use 98

Fair Use Cease and Desist Copyright Trademark 98

TorrentFreak

JULY 13, 2023

To ensure that these records are indeed correct, we conducted a domain lookup directly at the Tonga Network Information Center (Tonic), the domain registration authority in control of the.to Those records confirm the details above and also provide a domain ‘edited’ time of 07:14 on July 13, 2023.

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Branding Brands Branding Registration 84

43(B)log

JULY 3, 2023

16-6576 (KM) (MAH), 2023 WL 4200169, -- F. 27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. The order was temporarily stayed pending full authentication of the Colombian registrations.

False Advertising 57

False Advertising Advertising Advertising Registration 57

SpicyIP

FEBRUARY 12, 2024

These are some highlights from the recently released report from E&Y titled ‘ The Rise of Music Publishing in India ’ based on figures by the Indian Performing Right Society (IPRS) (the copyright society concerned with music publishing). speech in the Parliament while introducing the Copyright (Amendment) Bill 2012. 2020-2021 12.36

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