Guarantee of Confusion: When AI Scrapes the News
The Illusion of More
FEBRUARY 13, 2025
That title riffs on the term of art in trademark law known as likelihood of confusion.
Book review: Research Handbook on Trademark Law Reform
The IPKat
JULY 20, 2021
And the cover art somehow succeeds at being both bewildering and generic. We soon learn that "Trademark Law Reform" refers to aspirations to tackle contemporary problems in trade mark law worldwide, whether by means of legislative overhaul or not, put to paper by some of the world's leading experts.
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Trending Sources
[Guest post] ‘Ghiblification’ and the Moral Wrongs of U.S. Copyright Law
The IPKat
APRIL 6, 2025
Copyright Law by Angela Chung Do everything by hand, even when using the computer. Hayao Miyazaki Recent discourse on Studio Ghibli AI art generation through OpenAI tools has included speculations that Hayao Miyazaki (the mastermind behind the studio's famous films) would find the use of AI in this manner objectionable to the core of his art.
Impact of AI on Global IP Systems
IIPRD
JANUARY 7, 2025
If an individual knowledgeable in the relevant art would find the invention obvious, that individual would meet the criterion for determining non-obviousness. Determining the invention’s pertinent field of application and the extent of the prior art is another important topic. 10] 2.2.
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Never Too Late: If you missed the IPKat last week!
The IPKat
DECEMBER 29, 2024
Book Review dreaming of a purr-fect new year full of IP Jocelyn Bosse reviewed the book Research Handbook on the History of Trademark Law , edited by Lionel Bently (University of Cambridge) and Robert G. Trade marks Marcel Pemsel reviewed a recent decision of the General Court concerning Art. Bone (University of Texas).
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Navigating Intellectual Property Rights in Artificial Intelligence: Challenges and Opportunities
IP and Legal Filings
JANUARY 27, 2025
For instance, if an AI produces art or designs most similar to other copyrighted art or designs, Equivalence by an AI leads to infringement. Indirect Infringement Risks: Although the AI itself may not recreate protected works, outputs may well be significantly similar to copyrighted material.
China: The New Draft Trademark Law Increases Requirements for Recognition of Well-Known Status
IP Tech Blog
APRIL 17, 2023
The recently published Draft Amendment to the Chinese Trademark Law is proposing the introduction of important changes to the current trademark system in China. For example, the actual art. The draft Article 18 Trademark Law correctly removes the distinction between registered and unregistered well-known marks.
This Week in Washington IP: Balancing the First Amendment and Trademark Law, Preserving Biopharmaceutical Innovation, and Evaluating AI-Generated Art
IP Watchdog
MARCH 20, 2023
Elsewhere, the Hudson Institute is holding an event one day before the Supreme Court hears oral arguments in a case that could have big implications for trademark law. In the House, the Committee on Foreign Affairs will hear from Secretary of State Antony Blinken on competition with China.
Seeking Clarity on Comparison Prior Art: Seirus Petitions Supreme Court in Heat Wave Design Patent Dispute
Patently-O
APRIL 20, 2024
The petition asks two questions related to the comparison process for design patent infringement — in particular, the questions focus on what can qualify as “comparison prior art” used to provide context for the infringement analysis. Must the comparison prior art be the “same article” as claimed?
The Design of Hipster
IP and Legal Filings
MAY 18, 2023
However, the Defendant disputed the Plaintiff’s claim of a monopoly over the hipster tag and design features, arguing that “hipster” referred to a person who carried a hip flask during prohibition – a prior art. To clarify, the law does provide protection against consumer deception through design imitation.
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Trademark law and LinkedIn resumes: watch out?
43(B)log
JULY 25, 2024
Sundaresan allegedly directed Venkateswaran and others at the company to adopt the alias “TWOBADOUR” when communicating with the public, and to “assist in the operation of METAPURSE,” which is “a fund utilized for the acquisition of digital art NFTs and virtual land NDTs, and other Web3-related investments.”
New paper: Bad Spaniels, Counterfeit Methodists, and Lying Birds: How Trademark Law Reinvented Strict Scrutiny
43(B)log
MARCH 15, 2023
VIP case: Bad Spaniels, Counterfeit Methodists, and Lying Birds: How Trademark Law Reinvented Strict Scrutiny Abstract: Does trademark law cover noncommercial speech, defined as it is in First Amendment doctrine as speech that does more than merely propose a commercial transaction? On SSRN, in advance of the JDI v.
CALL FOR APPLICATIONS: IP Innovation Clinic Fellows (Summer 2022)
IPilogue
MARCH 23, 2022
It is expected that the majority of the work done by students will relate to patent or trademark law. The students’ work will be supervised by lawyers from Norton Rose Fulbright LLP, Bereskin & Parr LLP, and OWN Innovation and may include: Performing prior art searches. Performing trademark searches.
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Wherefore art thou trademark use?
Likelihood of Confusion
OCTOBER 8, 2024
Google case that keyword advertising can be trademark use giving rise […] The post Wherefore art thou trademark use? appeared first on LIKELIHOOD OF CONFUSION™.
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China: The New Draft Trademark Law Increases Requirements for Recognition of Well-Known Status
LexBlog IP
APRIL 17, 2023
The recently published Draft Amendment to the Chinese Trademark Law is proposing the introduction of important changes to the current trademark system in China. For example, the actual art. The draft Article 18 Trademark Law correctly removes the distinction between registered and unregistered well-known marks.
The protection of fashion and applied art under criminal law: the Supreme Court rules on the Desigual case
Garrigues Blog
APRIL 16, 2024
The Supreme Court has delivered a judgment that bolsters copyright protection for works of applied art under criminal law: It sets an important precedent in Spain in distinguishing design as an art that deserves protection under both criminal as well as civil law.
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TM Scholars' Roundable: Session 1: The Relevance of Ornamentality in Trademark Law: Acquisition of Rights
43(B)log
JUNE 24, 2022
Aesthetics/art for its own sake spectacularly failed in trying to categorize by who did it, the genre, the context (museum/not), what it does (produces pure pleasure, expresses something about the world): all failed. Merchandising right: ornamenting the person—think about merchandising as art, enhancing the self-presentation of the person.
Why your trademark lawyer will not be replaced by artificial intelligence
Erik K Pelton
SEPTEMBER 4, 2020
There’s been quite a lot of chatter, over the last few years, about how AI might affect trademark practice and trademark law and all different types of legal industries. The post Why your trademark lawyer will not be replaced by artificial intelligence appeared first on Erik M Pelton & Associates, PLLC.
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Ghostwriter in the Machine: Copyright Implications for AI-Generated Imitations
IP Tech Blog
MAY 15, 2023
But unlike the Getty Images watermarks that appeared – albeit somewhat wonky and blurry – on images produced by the art generator Stable Diffusion, a casual listener of Heart on My Sleeve would have never known the “producer tag” was there, or that there was any copying.
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Recommended Reading: Prof. Michael Grynberg, "Trademarks as Comics"
The TTABlog
SEPTEMBER 25, 2024
Putting those two interests together, he created a graphic "article" called "Trademarks as Comics," in which, among other things, he seeks to answer the question, "what can sequential art teach trademark law?" The article may be downloaded here. Read comments and post your comment here.
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China: Recycled Packaging and Trademark Infringement, a Questionable Decision in the Tsingtao Beer Case
IP Tech Blog
AUGUST 17, 2022
The MSA in charge of the case started by trying to see if the facts of the case fit in the acts of infringement featured by art. 57 of the Chinese Trademark law. The article provides as follows: “ Any of the following acts shall be deemed as infringement of exclusive rights to use registered trademarks: . (1)
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The Controversial Tiffany Blue
IPilogue
DECEMBER 17, 2021
However, British artist Stuart Semple considers Tiffany Blue as being held captive through trademark law. Semple has been “liberating colours since 2016” , with previous paints replicating trademarked colours including International Klein Blue , T-Mobile Magenta , and Blackest Black. Tiffany has yet to respond to Semple’s paint.
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CALL FOR APPLICATIONS: IP Innovation Clinic Fellows (2022/23 Academic Year)
IPilogue
AUGUST 25, 2022
The IP Innovation Clinic, the first student-based clinic of its kind in Canada, is seeking law students from Osgoode Hall Law School to assist under-resourced inventors, entrepreneurs and start-up companies with their innovation and commercialization activities. conducting prior art searches, reviewing patent specifications, etc.).
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Warhol’s ‘Orange Prince’ Brought to Court: Part 2 (Arguments from Lynn Goldsmith)
IPilogue
DECEMBER 13, 2022
At last, the Supreme Court of the United States can have its say on the protectability of the subjects of ‘pop art’. Fast forward to 2017, when Vanity Fair published a special issue to pay homage to the recently deceased musician that featured ‘Orange Prince’ – Andy Warhol’s pop art depiction of Goldsmith’s photograph.
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Hot Take on the Wavy Baby Decision (Guest Blog Post)
Technology & Marketing Law Blog
DECEMBER 11, 2023
In the Vans case, the Vans sneaker company sued the Brooklyn art collective known as MSCHF (sound it out) after MSCHF sold a limited-edition shoe it called “ The Wavy Baby ” (depicted at right). 140 (2023), since that decision was expected to provide guidance to lower courts for resolving free speech defenses in trademark infringement cases.
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Protecting Culture in an IP-centred World
IPilogue
OCTOBER 7, 2021
In 1996, the Comox First Nation in British Columbia brought a claim against an Indigenous artist from a different tribe over the use of the trademark “Queneesh”, which had been used to describe the defendant’s art business. Cases like this raise questions about the scope of intellectual property (IP) law in Canada.
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Protection of Nonfungible Tokens in Indonesia
IP and Legal Filings
OCTOBER 28, 2022
A digital asset that is held on a blockchain, such as music, art, in-game items, or films, is referred to as an NFT. Intellectual property rights are a key consideration when it comes to NFTs because they contain art, music, videos, pictures, and other creations. Provisions of intellectual property law will be applicable to NFTs.
Artificial Intelligence and Intellectual Property In India
IP and Legal Filings
JANUARY 27, 2025
AI, a simulation of human intelligence by a computer system designed to perform tasks typically done by human beings, has in just a few short years evolved beyond what was previously believed possible, and has manifested itself in even creating new works of Intellectual Property, such as art, literature, music, etc.
Penn State TM Jury Asked To Ponder Sponsorship Confusion
IP Law 360
NOVEMBER 12, 2024
A central Pennsylvania federal jury will have to weigh whether consumers are likely to be confused by a Seattle-based online retailer's use of historic logos and art associated with Pennsylvania State University, with opening arguments Tuesday promising dueling experts on consumer surveys and interpretations of trademark law.
Who’s Laughing Now? EUIPO Board of Appeal Rules that Banksy Can Keep his Trademark and Anonymity Too
IPilogue
FEBRUARY 16, 2023
company specializing in greeting cards depicting street art, subsequently used this image in their products. On November 7, 2018, Pest Control, Banksy’s authentication body, filed an EU trademark claim on behalf of the artist for Laugh Now. Typically, artists protect their artwork using only copyright law.
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The Hocus Pocus of Intellectual Property in Halloween Costumes
IPilogue
OCTOBER 28, 2021
In a way, purely ornamental jewellery may be analogous to works of art. Scary Issues with Licensing and Trademarks. Although costumes are generally not afforded copyright protection, trademark laws still prevent retailers from selling and marketing unlicensed versions of costumes using the names which they are based on.
Outcome of Hermes Claim Against MetaBirkin NFT May Provide Glimpse of Future for Fashion, Art in Metaverse
LexBlog IP
FEBRUARY 16, 2022
Using NFTs has, in part, allowed digital artists to associate ownership in an original version of their art through the NFT that can be monetized much like the physical paintings or sculptures of artists creating in physical media. The underlying work itself is largely protected under the First Amendment as expressive art.
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Trademarks and the Metaverse: Imaginary Rights or Real Wrongs?
SpicyIP
MAY 18, 2022
Class 9: Data Processing Equipment and Computers, computer programs, Downloadable virtual goods, namely, computer programs featuring footwear, clothing, headwear, eyewear, bags, sports bags, backpacks, sports equipment, art, toys and accessories for use online and in online virtual worlds. TOMMY JEANS. March 4, 2022. Dec 21, 2021.
The Briefing – Bonus Olympic Episode: IOC Gets Gold in Trademark Enforcement
The IP Law Blog
JULY 29, 2021
In this bonus episode of the Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the stringent trademark enforcement protection for Olympic symbols, words, and phrases as well as recent lawsuits that have reinforced that protection. Lawsuits discussed: San Francisco Arts & Athletics, Inc.
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The First Amendment Limits Trademark Rights, But How?–Jack Daniel’s v. Bad Spaniels (Guest Blog Post)
Technology & Marketing Law Blog
APRIL 3, 2023
Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and was one of the signatories of the First Amendment Professors amicus brief filed in Jack Daniel’s Properties, Inc. by guest blogger Lisa P. Ramsey [Lisa P.
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Understanding the Relevance of IPR in the Fashion Industry
IP and Legal Filings
SEPTEMBER 17, 2021
Fashion, in 2021, has evolved to become a form of art that acts as a vehicle for cultural commentary and is not just merely restricted to the process of manufacturing apparel. With the introduction of technologies such as 3D printing or laser printing, patent laws have entered the fashion industry. The intersection of fashion and IPR.
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SpicyIP Weekly Review (November 11-November 17)
SpicyIP
NOVEMBER 18, 2024
Thou Shalt not Register Your Trade Union with a Name in the Likeness of My Trademark Reportedly, Samsung India is opposing the use of ‘Samsung’ in an application to register the trade union of it’s workers. Additionally, the Court awarded the plaintiff INR 5,00,000 in damages.
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Top Trademark Trends of 2022
Erik K Pelton
DECEMBER 20, 2022
which will determine the scope of the Lanham Act as applied to trademark infringement that occurs outside the US. The Court has also agreed to hear a patent case this term, and it will rule on a copyright fair-use case brought by the Andy Warhol Foundation for the Visual Arts that was heard this fall. Hetronic International, Inc.
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Infographic | Intellectual Property behind tattoos
Olartemoure Blog
JULY 17, 2024
National Tattoo Day is a perfect occasion to celebrate the art of tattooing, an ancient practice that has evolved into a mainstream cultural phenomenon. Tattoos are not just body art; they are unique expressions of personal identity. THE ART OF TATTOOING AND COPYRIGHT Tattoos are protected by copyright laws as original works of art.
An Explorative Study on the Liability of Domain Name Registrars with reference to Trademark Infringement.
IP and Legal Filings
FEBRUARY 20, 2023
However, the same process does not include any examination or verification to determine whether the domain name is distinctive or capable of distinguishing itself from the competition, i.e., existing domain names that are clearly in violation of trademark law. Indian Trademark Act, Section 29(4) (1999). GoDaddy.com, Inc. ,No.
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Parody Law: Greenpeace Tackles “Australia’s Greatest Liability”
IPilogue
JULY 22, 2021
In trademark law, a trademark owner can invoke s. 22(1) of the Trade-marks Act to argue that such parody will be “likely to have the effect of depreciating the value of goodwill attaching thereto” , after having to establish that their trademark was “used as a trade-mark” pursuant to s.4 In fact, this is found in s.
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A Brief Recent History of Nike’s Trademark Battles
IPilogue
SEPTEMBER 17, 2021
If trademark law ultimately serves to protect the consumer, do these disputes really put the consumer at risk or is Nike just flexing their muscles and depriving many would-be purchasers of new and potentially more appealing designs because they can? Trademark Infringement – Nike v MSCHF. Photo from MSCHF.
Trademark 105
105 
[Guest post] Can a trademarked mascot drink, smoke, and spray graffiti under the banner of artistic expression?
The IPKat
APRIL 17, 2024
The court's analysis focused on trademark law, finding Irma's figurative trademark registrations of the Irma Girl and the "Irma" and "Coop" word marks undoubtedly well-known and owned by Coop, thus fulfilling the first condition for an injunction. Court’s decision The case was filed as a preliminary injunction.
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WIPIP 2022, Session 6 (TM)
43(B)log
FEBRUARY 19, 2022
NAACP—these courts very clearly say that trademark law applies to commercial speech, defined as it is in First Amendment case law, and not to noncommercial speech. Some of the work is also done by the idea that trademark control extends only to the name/logo of a congregation and not to other elements of worship.
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