Technology & Marketing Law Blog

AUGUST 3, 2021

When coupled with the prospect of obtaining fees, this will likely turn out to be a useful tool for the First Amendment litigator/rix. Jay notes: There was very little pushback to the UPEPA in Washington, largely for the reason that there is no organized group who represents plaintiffs who bring abusive litigation.

Law 144

Law Litigation Government Advertising 144

IPilogue

NOVEMBER 9, 2022

A decision dated August 5, 2022 from the United Kingdom’s High Court of Justice has the potential to expand the definition of “artistic works of craftmanship” under UK copyright law. This ruling was based on the leading House of Lords authority on works of artistic craftmanship, George Hensher Ltd v Restawile Upholstery (Lancs) Ltd. [1]

Art 72

Art Artistic Work Copyright Law Design 72

SpicyIP

DECEMBER 6, 2023

Acko General Insurance , the Delhi High Court is faced with the opportunity to elaborate whether and how street art in general is subject to the Copyright Act, the scope of ‘artistic work’ under Sec. 52(1)(t) and ‘moral rights’ of the author in such work. 13(1) of being ‘original artistic work’. 57 of the Act.

Moral Rights 49

Moral Rights Fair Use Art Artistic Work 49

IPilogue

DECEMBER 13, 2021

While you may debate whether the filter deviated from Mykie’s design so as to count as a new work (lacking a degree of substantial reproduction) – we must first question, are makeup designs captured by copyright protection? 5(1) of the Copyright Act , copyrights subsist in artistic works such as photographs or paintings.

Social Media 111

Social Media Intellectual Property Design Designs 111

43(B)log

DECEMBER 1, 2022

Flora-Bama logo The Flora-Bama has been featured in artistic works by third parties. The title-v-title exception to original-recipe Rogers didn’t apply, because the bar’s name is not the title of an artistic work. Likewise, they submitted no evidence of confusion between any of those works and MTV’s show.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

SpicyIP

AUGUST 16, 2024

Image by wirestock on Freepik Playing from a “Safe Distance”: Analysing the Rule, its Roots and Application in India By Samridhi Chugh In today’s age of ever-intensifying market competition and mounting infringement litigation, it is only inevitable that the judiciary finds itself compelled to continually update its enforcement arsenal.

Intellectual Property 105

Intellectual Property Litigation Trademark Artistic Work 105

The IPKat

JANUARY 17, 2024

In this sense, a somewhat similar – though dated (by that meaning: pre- Infopaq [IPKat here and here ] ) – case litigated both in France and the UK cannot but come to mind: Hyperion Records v Sawkins [IPKat here ] , concerning copyright protection of a ‘reconstructed’ baroque music score.

Derivative Work 137

Derivative Work Editing Copyright Music 137

The IPKat

JUNE 17, 2023

“ Perhaps I’ll be remembered in history as the banana imbecile ”, summed up provocative and uber-creative artist Maurizio Cattelan in a recent interview with Italian newspaper Corriere della Sera. Of course, that is not all: Comedian has in fact also sparked litigation in the USA.

Copyright Infringement 143

Copyright Infringement Copyright Art Artistic Work 143

IPilogue

FEBRUARY 4, 2022

Rosemary Nkechi Ogueri is a litigation lawyer and a legal associate at Ogunwale & Associates Law Firm in Nigeria. Copyright infringement is the violation and piracy of an author’s exclusive right through the unauthorized use of a Copyright-protected work. Photo by CQF-Avocat (Pexels). CONCLUSION.

Copyright Infringement 105

Copyright Infringement Copyright Copying Artistic Work 105

Kluwer Copyright Blog

JULY 24, 2024

On the first, substantial litigation has already been launched concerning whether the data used to train these models requires payment or opt-in from creatives whose work has been ingested, often without consent. Two key issues have generated much argument, relating respectively to the inputs to and outputs from large models.

Copyright 135

Copyright Ownership Social Media Licensing 135

The IPKat

APRIL 25, 2024

Does UK copyright law protection extend to computer-generated works which are not original? Ordinarily, for a literary, dramatic, musical or artistic work to be protected under the CDPA it must be original. Traditionally, the English Courts applied a test of ‘sufficient skill, labour or effort’ to determine originality.

Contracts 78

Contracts Artistic Work Copyright Copyright Law 78

Technology & Marketing Law Blog

DECEMBER 11, 2021

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. I’m keeping my fingers crossed this anomaly gets fixed somewhere in this litigation. I’ve blogged three yearbook cases so far this year ( Callahan v. Ancestry , Knapke v. Copyright Preemption.

Advertising 111

Advertising Advertising Social Media Blogging 111

IP and Legal Filings

JUNE 12, 2023

In relation to ‘Parodies’, since it is derived from the original work of another writer or artist, it is difficult to draw a line between creative criticism and imitation.

Copyright Law 105

Copyright Law Copyright Law Copyright Infringement 105

The IP Law Blog

JANUARY 19, 2023

In the lower court, the Second Circuit reversed the decision of the District Court and held that the Warhol work was not transformative because it maintained the “essential elements of its source material” and was not “fundamentally different and new.” Next, we have Abitron Austria GmbH v. Hetronic International. There, U.S.-based

Copyright 97

Copyright Trademark Fair Use Contracts 97

Kluwer Copyright Blog

MARCH 1, 2023

The freedom of authors to use trademarks in their works could be stifled by the threat of litigation. If heightened First Amendment protections are not put in place, the threat of costly legal proceedings may cause creators to avoid the use of trademarks in their artistic works. Constitution.

Fair Use 52

Fair Use Intellectual Property Law Trademark Law Trademark 52

Traverse Legal Blog

OCTOBER 20, 2022

Trademark infringement litigation is expensive and time consuming, many times individuals are not aware they are infringing on a trademark. If you choose to create an NFT that uses third-partyIP without the permission of the IP owner, you are infringing on someone else’s intellectual property rights and are at risk for litigation.

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

Kluwer Copyright Blog

JULY 20, 2022

This has led to litigation in several jurisdictions and has also recently prompted two members of the US Senate’s intellectual property subcommittee to request that the US Patent and Trademark Office (USPTO) collaborate to study the impact of NFTs on intellectual property rights.

Copyright 135

Copyright Copying Non-Fungible Tokens Copyright Law 135

Kluwer Copyright Blog

OCTOBER 17, 2023

Image from DALL-E 3 Introduction Generative AI is disrupting the creative process(es) of intellectual works on an unparalleled scale. More and more AI systems offer services that push users’ production capacity for new literary and artistic works beyond unforeseen barriers. ChatGPT , Smodin ), to perform music (i.e.,

Copyright 125

Copyright Art Copyright Law Licensing 125

SpicyIP

SEPTEMBER 16, 2024

Academic Games League (1996), in which the Ninth Circuit had held that “ideas contained in a copyrighted work may be freely used so long as the copyrighted expression is not wholly appropriated.” For global brands like Lacoste, the wait might be bearable given their strong financial backing and established market presence.

Trademark 81

Trademark Brands Branding Branding 81

IIPRD

JUNE 24, 2024

3] Berne Convention for the Protection of Literary and Artistic Works, 1887 ‘The Berne Convention for the Protection of Literary and Artistic Works’, formed on September 9, 1886, is the earliest international treaty on copyrights. [4] Geneva, WIPO, 1984.” [3] 3] Kumar, Nagesh. 36/37 (1998): 2334– 35. [4]

Intellectual Property 52

Intellectual Property Artistic Work Registration Copyright 52

LexBlog IP

SEPTEMBER 30, 2022

Specifically, copyright protection attaches to the original, creative work when it is fixed in a tangible medium, such as when it is written, drawn, recorded digitally, or typed electronically. ” It also protects images, photos, videos, and other written work, such as blog posts.

Copyright Infringement 52

Copyright Infringement Copyright Social Media Fair Use 52

IP and Legal Filings

SEPTEMBER 30, 2022

Artists are using virtual reality and augmented reality to create previously unimagined artworks. These artists’ works are undeniably unique and would be entitled to appropriate IP protection. Nike itself had taken the initiative to work with StockX primarily due to its faith in the verification process of StockX.

Trademark 52

Trademark Ownership Brands Branding 52

SpicyIP

DECEMBER 4, 2023

SpicyIP Tidbit: DHC Observes That Evidence for Enhanced Efficacy Should Be Filed Before the Final Hearing The nuances of Section 3(d) continue to plague and please litigants, depending on which side of it they end up falling. Read on to know more.

Registration 59

Registration Artistic Work Technology Patent 59

Kluwer Copyright Blog

OCTOBER 30, 2023

On copyright subsistence, the judge held that the Mark with Text is an artistic work, failing within the sub-category of “graphic works”. Subsistence It was common ground that the Mark with Text was capable of being a “graphic work”, which is a subset of the “artistic works” category.

Copyright 64

Copyright Copying Design Designs 64

Art Law Journal

JUNE 16, 2022

Congress included a “statutory damages” provision in the Copyright Act to ensure that artists receive guaranteed compensation for an infringement along with making any infringement case easier and faster to litigate. All that needs to be done is to register your artistic works. Let’s find out.

Copyright Infringement 52

Copyright Infringement Artwork Copyright Registration 52

LexBlog IP

FEBRUARY 28, 2022

Controversy” [8] : The Litigation. Acuff-Rose Music, Inc. , [26] to assess the meaning of artistic works, and “collapse[s] the transformativeness inquiry into the antecedent substantial similarity analysis.” [27]. Xpectation” [37] : Takeaways.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. Please let us know in the comments below. Read on to know more!

Trademark 59

Trademark Registration Copyright Patent 59

LexBlog IP

FEBRUARY 29, 2024

The law gives copyright owners a monopoly to exploit and monetize creative works. Copyright protection is afforded to every original literary, dramatic, musical, or other artistic work, whether published or unpublished. This monopoly is time-limited: it expires after certain periods have elapsed. 3] CA Copyright Act, s.

Public Domain 52

Public Domain Intellectual Property Copyright Trademark 52

IIPRD

OCTOBER 28, 2023

Therefore, the same cannot be protected under Indian Copyright law as a literary or artistic work but could be protected under passing off law if a case is made for it. . &Anr., the High Court of Delhi [iv] held that “Shauq Badi Cheez hain” is an ordinary combination of words of common use. In Reebok India v.

Copyright Law 59

Copyright Law Brands Branding Branding 59

IP Whiteboard

JULY 19, 2020

For example, section 176(2) states: The Commonwealth or a State is, subject to this Part and to Part X, the owner of the copyright in an original literary, dramatic, musical or artistic work made by, or under the direction or control of, the Commonwealth or the State, as the case may be.

Copyright 52

Copyright Law Government Public Domain 52

SpicyIP

MAY 6, 2024

The Court held that plaintiff has made out a clear prima facie case; that the plaintiff has the necklace registered in Italy and since India is a member of Berne Convention for the Protection of Literary and Artistic Works, under Section 40 of the Copyrights Act, 1957 the registration in Italy can prove copyright infringement in India.

Trademark 59

Trademark Invention Licensing Patent 59

Technology & Marketing Law Blog

JUNE 20, 2023

As a result, the rest of the copyright ecosystem has to live with the fallout from AWF’s seemingly reckless and irresponsible litigation strategy. It defined a parody as “a “literary or artistic work that imitates the characteristic style of an author or a work for comic effect or ridicule” ( id. 1600 (1982).

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

43(B)log

FEBRUARY 19, 2022

Summary of current treatment: Although courts have often referred to “expressive” or “artistic” works as shorthand for the scope of Rogers, they have applied it to speech that quali?es theory of selection effects makes sense—which cases make it to litigation affect the words the court uses, not just the outcomes.

Trademark Law 72

Trademark Law Trademark Art Brands 72

LexBlog IP

JUNE 5, 2023

” The SDNY litigation focused on whether Warhol had “transformed” Goldsmith’s photograph. A transformative work is fair use, and therefore not a copyright infringement, based on a reading of the Supreme Court’s holding in Campbell v. ” Reply Brief For Petitioner at 1 (dated September 7, 2022).

Fair Use 52

Fair Use Derivative Work Art Licensing 52

SpicyIP

SEPTEMBER 29, 2024

Countrywide Promoters Private Limited vs Navraj Infratech Private Limited on 19 September, 2024 (Delhi High Court) The plaintiff filed a suit against the defendant for copyright infringement, passing off, and unfair trade practices regarding an architectural design, the “Artistic Work/Device” created by Upton-Hansen Architects Ltd.

Trademark 105

Trademark Confidentiality Patent Application Registration 105

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

With these technical advances comes an increase in legal activity, including intellectual property (“IP”) filings and litigation. 19 Ancillary technologies have likewise seen a spike in patent litigation activity in recent years, including charging technologies and battery control systems (e.g., Intellectual Property Considerations.

Intellectual Property 52

Intellectual Property Technology Journalism IP 52

Technology & Marketing Law Blog

JUNE 21, 2023

As noted by Professor Jake Linford , the examples used by the Court when it discusses application of the Rogers test focus on uses in the title or content of artistic works (not on T-shirts).

Trademark 105

Trademark Blogging Trademark Law Fair Use 105