43(B)log

AUGUST 22, 2022

Not all marketing of artistic works is noncommercial speech. Citing Dastar and Rogers ; noting in a footnote that Dastar suggested that Lanham Act false advertising claims might sometimes govern statements about artistic provenance without raising any First Amendment concern.] City of Los Angeles, 697 F.3d

False Advertising 57

False Advertising Advertising Advertising Artistic Work 57

IP and Legal Filings

JUNE 27, 2022

COPYRIGHTS: Term copyright is a bundle of exclusive rights provided to the creator/owner of original works of authorship, which includes literary, dramatic, musical, and artistic works, cinematographic films, and sound recordings. Broad classification of ‘works’ which are protected by copyright are-. Cinematograph films.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52

Kluwer Copyright Blog

FEBRUARY 8, 2023

Therefore, such AI-generated works are said to compete directly with human-authored works and thus might be capable of disturbing the market for low creativity works, which is where apparently many artists nowadays make a living.

Marketing 108

Marketing Marketing Copyright Copyright Law 108

LexBlog IP

SEPTEMBER 15, 2022

Nor is it clear whether—or how—NFTs might trigger liability under the 76-year-old federal Lanham Act , which governs trademark infringement and unfair competition. They are sold and/or traded in connection with “smart contracts” that govern the terms of transfer.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

IIPRD

NOVEMBER 16, 2021

it manifested: “Members when requiring, as a condition of approving the marketing of pharmaceutical or of agricultural chemical products which utilize new chemical entities, the submission of undisclosed test or other data, the origination of which involves a considerable effort, shall protect such data against unfair commercial use.

Intellectual Property 40

Intellectual Property IP Invention Licensing 40

Technology & Marketing Law Blog

JUNE 20, 2023

Specifically, when a derivative work is created pursuant to a statutory exception, then the derivative work is prepared “lawfully,” even though the artist who created the derivative did not get a license or other permission from the owner of the copyright in the underlying work. Figure 1, Slip op.

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

IP and Legal Filings

OCTOBER 19, 2022

Any issue of the NFT will be governed by this law, unless such Digital Assets fall under an exemption. Such offer can be made only on marketplaces/platforms for digital asset exchanges that are licensed by the SEC. Literary, dramatic, and artistic works are recognized as protected works under Thailand’s Copyright Act B.E.

Artwork 63

Artwork Copying Contracts Copyright 63

The IPKat

FEBRUARY 3, 2023

This issue is often discussed in connection to section 9(3) of the Copyright Design and Patents Act (UK) , (CDPA) which provides that in the case of an artistic work which is computer-generated, the author shall be taken to be the person by whom the arrangements necessary for the creation of the work are undertaken.

Litigation 143

Litigation Copying Copyright Designs 143

SpicyIP

FEBRUARY 12, 2024

Case Summaries Gujarat Cooperative Milk Marketing v. Two options were presented by the court : issuing a Letters Rogatory through the government of India or directing Google Ireland to seek orders from Irish Courts. But how does this finding interact with the position of relevant laws in India? Frankfinn Aviation Services (Pvt.)

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

Kluwer Copyright Blog

NOVEMBER 20, 2022

Lame comparisons apart, this story is interesting as it is an opportunity to discuss the protectability of artistic works under Italian laws. This is an hypothesis the resolution of which is relatively easy, because it is expressly disciplined by the Italian CCH.

Artwork 55

Artwork Public Domain Art Copyright 55

SpicyIP

DECEMBER 24, 2023

on December 20, 2023(Delhi High Court) Image from here The Plaintiff owned 5 Standard Essential Patents (SEPs) relating to wireless communication technology which the Defendants were allegedly using in their mobile phones being sold under the brand name of OnePlus without the license to do so. . & Ors. 2 lakhs on the Defendant.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

But as more players enter the market and obtain patent protection for their innovations, IP disputes among competitors are heating up. Global patent wars, safety concerns among the public, and scrutiny from government regulators are challenges that the battery industry must face head-on as it heads toward powering the future.

Intellectual Property 52

Intellectual Property Technology Journalism IP 52

43(B)log

OCTOBER 4, 2021

At a more theoretical level, these algorithmically optimized registrations help show why applications have spiked so much—other important institutions, like Amazon and the Chinese government, are using the PTO for their own purposes.

IP 94

IP Trademark Advertising Advertising 94