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

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. Jan 10, 2023). Registration Application #1-7100387071). Registration Application #1-7100387071). PERLMUTTER et al, Docket No.

Invention 126

Invention Intellectual Property Registration Ownership 126

The IP Law Blog

SEPTEMBER 14, 2023

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. Allen did not agree to the request and continued to request copyright registration of the entire work. Allen requested a second reconsideration on July 12, 2023, based on a number of arguments.

Art 120

Art Copyright Registration Fair Use 120

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

TorrentFreak

FEBRUARY 16, 2024

Allegations of copyright infringement also featured in a complaint filed at an Arizona court in 2023, which hoped to quickly shut down a popular pirate site. The company’s complaint filed last year targeted the unknown domain registrant of kokoatv.net, kokoa.tv, and vidground.com. filed its complaint. Judge Michael T.

Copyright 135

Copyright Trademark Copyright Infringement Registration 135

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. The position will subsequently be examined in light of Indian law on the blog.

Ownership 52

Ownership Copyright Law Copyright Artwork 52

LexBlog IP

FEBRUARY 16, 2024

trademark registration for your trademark on goods or services for your business. Can your trademark registration be cancelled with the U.S. Can you file anything to strengthen your trademark registration against invalidation? This means that it is less burdensome to prove the invalidity of a trademark registration.

Registration 52

Registration Trademark Ownership Trademark Law 52

The TTABlog

JUNE 30, 2023

Yes] Finding Third-Party Registration Evidence Insufficient to Weaken Cited Mark, TTAB Affirms Section 2(d) Refusal of IMAGINE for Early Childhood instruction TTAB Renders Split Decision in "ELECTRIC LAST MILE SOLUTIONS" Section 2(d) Appeal Precedential No. Welch 2023. Guess What? Goods in Trade: Precedential No.

Ownership 59

Ownership Registration Design Designs 59

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 78

Copyright Cease and Desist Ownership Registration 78

Intellectual Property Law Blog

OCTOBER 3, 2023

On August 18, 2023, the US District Court for the District of Columbia affirmed the U.S. Thaler included several new legal theories to suggest that his contribution to the Creativity Machine, such as his ownership and prompting of the software, would establish a human component of authorship.

Copyright 147

Copyright Copyright Law Artistic Work Artwork 147

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. To be clear, joint copyright ownership of photos like these could be a policy disaster, so I don’t share the judge’s lament on that front). The complaint.

Copyright 124

Copyright Fair Use Licensing Ownership 124

LexBlog IP

JANUARY 25, 2023

The Trademark Trial and Appeal Board (“TTAB”) refused registration of #LAW on the Principal Register finding that #LAW failed to function as a trademark. The application claimed ownership of Pound Law’s prior Supplemental Register registration for #LAW (U.S. In re Pound Law, LLC , No.

Registration 52

Registration Law Trademark Ownership 52

SpicyIP

FEBRUARY 20, 2023

In the context of certain questions that arose in the proceedings, Tanvi then brings up an interesting hypothetical i.e. what if the defendants had challenged the ownership of the copyright early on, instead of the attempt to amend it later on? Case Summaries After Delhi High Court, Bombay High Court interprets Section 124 of Trademarks Act.

Registration 105

Registration Design Designs Trademark 105

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) Welch 2023. Text Copyright John L.

Ownership 69

Ownership Blogging Registration IP 69

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. RAI contested all the claims as groundless. Here below the artwork by Lindelokse. Picture of the cat courtesy by Arianna Antonelli.

Art 99

Art Copyright Artwork Editing 99

Technology & Marketing Law Blog

MAY 15, 2024

The Supreme Court’s opportunity came with the 2023 decision in Nealy v. at 1-2] At its heart, therefore, this case is a dispute about copyright ownership. The plaintiffs responded by moving for partial summary judgment on the issue of ownership, based on the presumption of validity that attaches to timely copyright registrations.

Music 105

Music Blogging Copyright Ownership 105

Kluwer Copyright Blog

OCTOBER 17, 2023

District Court of Columbia of 18 August 2023, No 22-1564, specifying that ‘human authorship is a bedrock requirement of copyright’. On 21 February 2023, the USCO reviewed the registration of the comic book “Zarya of the Dawn” (Registration No. Moreover, the Italian Supreme Court, in decision no.

Copyright 121

Copyright Art Copyright Law Licensing 121

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. Worse for Williams, Hy-Vee made out a prima facia case that the registration was invalid because Williams claimed he owned “all of the rights” in the mural.

Ownership 69

Ownership Contracts Copyright Registration 69

The IPKat

APRIL 19, 2023

Ownership of every name periodically expires and, at that point, anyone may freely claim it on Namecoin by re-registering the expired name. If a new user re-registers a name whose registration is expired, a new token is created. If a new user re-registers a name whose registration is expired, a new token is created.

Non-Fungible Tokens 120

Non-Fungible Tokens Artwork Contracts Art 120

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." Welch 2023. How do you think this came out?

Marketing 72

Marketing Marketing Ownership Registration 72

IP and Legal Filings

MAY 10, 2024

Its gained momentum with the advent of importance in R&D and patent registration. Assignment of License is transfer of ownership. Where licensing is temporary, assignment is a transfer of IP rights like ownership over the invention. 2023, August 11). INTRODUCTION Technology transfer is a way for innovation.

Intellectual Property 105

Intellectual Property Technology Licensing Invention 105

Patently-O

SEPTEMBER 1, 2023

On the heels of a recent court decision denying registrability of AI created work, the U.S. With copyright it is helpful to have some bright lines to streamline the process of registration without substantial case-by-case lawyer input for each copyrighted work, but any hard rule might skip over the nuanced.

Copyright 94

Copyright Copying Derivative Work Licensing 94

43(B)log

APRIL 5, 2024

plaintiff's RAW defendant's Raw Garden Also over a dissent, the panel finds that a court can order trademark applications cancelled, not just registrations. plaintiff's RAW defendant's Raw Garden Also over a dissent, the panel finds that a court can order trademark applications cancelled, not just registrations.

Registration 59

Registration Trademark Registering Trademarks Ownership 59

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.

Government 98

Government Registration Privacy Business 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.

Branding 98

Branding Brands Branding Registration 98

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. Welch 2023. Monster Energy Company v.

Music 78

Music Design Designs Registration 78

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.

Registration 40

Registration Trademark Ownership Advertising 40

IP and Legal Filings

SEPTEMBER 10, 2024

A company/any person who can secure ownership over products and services, benefits not only the domestic income but also increases the recognition in the international market. Registration of everyday words such as “bottle”, “company” etc, is not allowed.

Trademark 93

Trademark Cease and Desist Branding Brands 93

The IPKat

MAY 12, 2024

The wine brand had been around since the nineteenth century but changed ownership a few times. Duca di Salaparuta appealed, arguing that when pre-existing national GI registrations were converted into EU unitary registrations, they were fully subject to the validity requirements of the 2008 Regulation on wines. Article 14.3

Registration 67

Registration Branding Brands Branding 67

The TTABlog

APRIL 1, 2024

In 2023, What Was The Rate of TTAB Affirmance of Section 2(d) Refusals to Register? 1: TTAB Orders Cancellation of CAPTAIN CANNABIS Registration for Comic Books: Petitioner Proved Priority By Use Analogous to Trademark Use Section 2(e)(1) - Mere Descriptiveness: Precedential No. Precedential No. Guess What? Welch 2024.

Design 59

Design Designs Registration Trademark 59

LexBlog IP

DECEMBER 26, 2023

Keep in mind the generators are trained on existing material, including things that are protected by copyright and trademark law and registration and patents. used in those generated logos retain the ownership to that original art and do not give you a license to use it exclusively. Can you use it in the ways you want to?

Design 52

Design Designs Trademark Copyright 52

Intepat

JANUARY 15, 2024

Registration at UKIPO The case in question, originating in 2019, presents a groundbreaking legal dilemma: Can an artificial intelligence (AI) system be acknowledged as an inventor for the purposes of patent ownership? In the definitive judgement issued on 20 December 2023, the appeal lodged by Mr. Thaler was ultimately rejected.

Inventor 94

Inventor Patent Law Invention Law 94

Intepat

NOVEMBER 2, 2023

Pandit He emphasized India’s excellent IP journey, highlighting a 36% increase in IP filings, as well as a significant increase in patents, design registrations, and trademarks. which have raised questions about the ownership and protection of AI-generated content. The following is a summary of key points discussed: Prof. (Dr.)

Intellectual Property 52

Intellectual Property IP Higher Education Technology 52

SpicyIP

FEBRUARY 12, 2024

2022-2023 (till 08.12.2022) 19.90 For the first, one angle is the lack of sufficient clarity among the concerned artists regarding ownership of their rights. This leads to another problem i.e. the complicated process of registration within IPRS. Financial Year Fund Allocated BE/RE (Rs. in crore) Fund released/spent (Rs.

Music 105

Music Publishing Reporting Government 105

Patently-O

AUGUST 18, 2023

18, 2023). In this case, Thaler listed the Creativity Machine as the author and designated the work as created autonomously by the AI, with ownership transferring to himself as the owner and creator of the machine. The Copyright Office denied the registration application on the grounds that copyright law requires human authorship.

Copyright 76

Copyright Public Domain Copyright Law Ownership 76

SpicyIP

DECEMBER 22, 2023

The Delhi High Court, vide Order dated 11 December 2023 , declined to grant the prayer of plaintiff (that uses the word mark “Institute of Directors”) to restrain the defendant from using the mark “Directors’ Institute”. Relief against infringement is available, under Section 28(1), only to the holder of a valid registration in a trade mark.”

Trademark 59

Trademark Technology Registration Ownership 59

IP and Legal Filings

OCTOBER 18, 2024

On July 18, 2023, the plaintiff 2 observed unauthorised use of the Infosys trademark and informed the defendant about it. Infosys Limited obtained many registrations for the mark in various classes, the first being in 1987, and the company has been operating its website, wwww.Infosys.com, since 1992.

Trademark 101

Trademark Cease and Desist Branding Brands 101