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In 2022 and looking ahead to 2023, there is one story that is dominating the narrative of both copyright and plagiarism matters: Artificial Intelligence. 2022 was a breakout year for artificial intelligence in creative fields, and 2023 will likely be one too. However, that is not true this year. Copyright and AI. Plagiarism and AI.
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. The goal there is to attempt to capitalize on the release of Dune: Part 2. Copyright Office.
The Board issued 34 precedential opinions in calendar 2023, a total slightly lower than in recent years. 31: De Minimis Sales of Amplifiers Over Six-Year Period Leads to Cancellation of "CS" Registration for Abandonment Failure-to-Function: Precedential No. Welch 2023. link here ). Good luck with that.]
The TTABlogger has once again chosen the ten (10) TTAB (Tee-Tee-Ā-Bee) decisions that he considers to be the most important and/or interesting from the previous calendar year (2023). In re Seminole Tribe of Florida , 2023 U.S.P.Q.2d 2d 631 (TTAB 2023) [precedential] (Opinion by Judge Melanye K. 2023 U.S.P.Q.2d
Petitioner Phat Scooters moved for partial summary judgment on its claim that the registration is void ab initio because the application was not filed by the rightful owner of the mark. 92078878 (April 21, 2023) [precedential]. Welch 2023. Phat Scooters, Inc. Fatbear Scooters, LLC, Isaac Ashkenazie and Isaac D.
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”). Patents On February 14, 2023, the U.S. Both the U.S.
As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We have also included a list of other notable IP developments of 2023. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. A special thanks to Mr. G.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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?
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.)
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.
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.
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.”
as an author where it otherwise meets authorship criteria, with any copyright ownership vesting in the AI’s owner.” 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 ).
Kevin Bercimuelle-Chamot joined the IPKat as an InternKat at the start of 2023 and then continued as a GuestKat. The registration form is available here. The registration deadline is one day before each webinar. We have enjoyed her posts across all areas of IP and look forward to receiving more guest contributions in the future.
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?
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.
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.
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