Patent Trademark Blog

FEBRUARY 24, 2022

Should you use a design patent to protect your new product? When compared to utility patents , design patents are often overlooked as an IP asset. It’s true that only utility patents protect functional features, but design patents can still play an important role in protecting features that are not so functional.

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IPilogue

OCTOBER 26, 2022

Following this designation , objects require authorization and a licence fee to be used commercially by third parties regardless of whether the work is in the public domain. Uffizi’s Director Eike Schmidt commented that “fashion designers regularly use our images” such as Leonardo da Vinci, Caravaggio, Titian, Raphael and Giotto di Bondone.

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Patent Trademark Blog

MAY 26, 2021

What is the meaning of broken or dashed lines in a design patent? While I’m not sure if you can call it a loophole, US design patents enable a particular option in the drawings that can potentially broaden protection. In a US design patent, the claimed design comprises what is drawn in solid lines.

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Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design. Industrial Design.

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Technology & Marketing Law Blog

MARCH 5, 2024

The print-on-demand service at issue is Pixels, who has appeared on this blog before. On the other end are brick and mortar stores that sell trademark-infringing items directly to consumers, regardless of whether the stores design or manufacture those items. Based on that assumption, the opinion offers no good news for the defense.

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Art Law Journal

NOVEMBER 10, 2021

A graphic designer shouldn’t penalize themselves for efficiency and instead should set prices for specific services rendered based on market standards. The personal blogs of freelance lettering artist Jessica Hische and writer Ash Ambridge offer motivation based on first-hand lived experiences. Arriving at Your Freelance Rates.

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Patent Trademark Blog

JANUARY 18, 2023

Besides software patents, ineligible subject matter can also arise in design patent applications. Trying to obtain a design patent on a two-dimensional artwork or graphic design without regard to the article can also lead to ineligible problems. appeared first on Patent Trademark Blog | IP Q&A.

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Patent Trademark Blog

SEPTEMBER 20, 2023

Can you include a logo in your design patent application? Let me share a strategy if you’re thinking about filing a design patent application for a new product that might be considered somewhat similar to existing products. It is possible to include a logo in your design patent application for a product.

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IPilogue

MARCH 2, 2023

Recently in Alexander v Take-Two Interactive Software, Inc , a jury of the US District Court of the Southern District of Illinois concluded that tattoo artist Catherine Alexander has a valid copyright claim in the designs she tattooed on World Wrestling Entertainment Inc. megastar Randy Orton. For now, the law is still hazy.

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Patent Trademark Blog

MARCH 3, 2022

What does it take to patent a design? Before diving into how to patent a design, let’s first cover the why questions. Why do you want to get a design patent? Why is a design patent as opposed to a utility patent the right type of IP for your idea? 2D or 3D design, or both?

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JD Supra Law

NOVEMBER 10, 2022

Hermès is suing an artist for trademark infringement over his series of digital artworks called MetaBirkins. Scott Hervey and Josh Escovedo discuss the case on this episode of The Briefing by the IP Law Blog. By: Weintraub Tobin

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Kluwer Copyright Blog

JUNE 20, 2023

Image by Tumisu via Pixabay Part I of this blog introduced the first of three ambiguities NFT purchasers may face. Resale Rights Another notable difficulty when it comes to tokenising artworks is brought on by the resale right regime. Secondly, the NFT transaction can simply be taken off-chain.

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Kluwer Copyright Blog

FEBRUARY 2, 2023

AI-generated works have won awards: The Crow , an “AI-made” film won the Jury Award at the Cannes Short Film Festival and the story of an AI artwork winning the Colorado State Fair’s annual art competition was reported in The New York Times. AI-generated art was used for magazine covers, including Cosmopolitan and The Economist.

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IPilogue

NOVEMBER 17, 2021

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws. Going Forward.

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Kashishipr

SEPTEMBER 20, 2021

The label in question was designed by an employee of SK Oil Industries. NTC didn’t own the copyright in the ‘SOYA DROP’ artwork or label. NTC failed to prove that it had used the artwork or label first or that SSPL’s artwork wasn’t original. It is also the successor of SK Oil Industries.

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SpicyIP

MAY 18, 2022

Her previous posts on the blog can be viewed here, here , here , here and here. Hermes has sued a Californian artist, Mason Rothschild, for his “MetaBirkins” digital artworks alleging trademark infringement. Aparajita is a lawyer based in Bangalore. She works in a law firm that advises technology companies. Aparajita Lath.

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Dear Rich IP Blog

AUGUST 3, 2022

Wofsy in which museum catalog photos of Picasso artworks were reproduced). Michael Grecco Prods in which promotional photos of Xena the Warrior Princess were used in a blog post.) If the museum is new (built after 1990), copyright law protects the building's design. See DeFontbrune v. See Golden v. Architectural copyright.

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Publishing Fair Use Artwork Copyright 97

Technology & Marketing Law Blog

OCTOBER 2, 2022

The plaintiff, NOC, is a teenager who has copyrighted designs in hand-drawn dots that Target allegedly copied in the clothing line. However, Target’s allegedly infringing works apparently were designed no later than December 2017. For more on the Arnstein case, see this blog post. Instead, the court summarizes: N.O.C.

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Traverse Legal Blog

MARCH 8, 2022

A trademark can be any word or phrase symbol design combination of things that identifies your goods and services in the marketplace. Copyrights protection for the artwork itself is also critical. Remember, if you don’t get it right before NFTs are minted, there may not be any way to fix your mistakes.

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Intepat

DECEMBER 5, 2024

Copyright and Ownership in the Metaverse In the metaverse, copyright applies to digital creations such as virtual art, music, designs, and even entire virtual worlds. Existing copyright frameworks were designed for the physical world and digital domains, but the metaverse introduces novel complexities.

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IIPRD

MARCH 5, 2025

Upon independent and less human intervention by a machine in making the work, one expects a built-in gap in the legal design. This position was reiterated through several decisions, the most significant ruling for an export artwork was by the U.S. UK Copyright, Designs, and Patents Act, 1988. Copyright Office. References U.S.

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Intepat

SEPTEMBER 15, 2023

This blog post embarks on a comprehensive journey to unravel the complex issue of copyright ownership in AI-generated art. AI-generated art represents a fusion of human ingenuity in crafting algorithms and the machine’s ability to produce artworks autonomously. Copyright laws are designed to safeguard the rights of creators.

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Garrigues Blog

JUNE 1, 2021

It’s the first anniversary of the Garrigues IP Blog. We take a look at our Top10 most-read posts in this first year of the IP Blog: The Influencers’ Code of conduct comes into force on January 1, 2021: are you aware of your obligations? Catch up with us every Tuesday on our IP Blog. There will be a sequel!

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IP Tech Blog

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. In this blog post we examine how copyright is leveraged to protect NFTs, both in the US and China, with a comparative approach that elucidates both the challenges and potential solutions.

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Patent Trademark Blog

JANUARY 5, 2022

What is a design patent continuation application? This rule applies to both utility and design patent applications. This rule applies to both utility and design patent applications. So it is possible to file a design patent continuation application as long as the parent application is still pending. Be careful though.

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Dragons' Den

APRIL 4, 2024

Their artwork for outdoor spaces is UV, waterproof and weatherproof resistant and easy to install. Their artwork helps transform a boring fence, wall or courtyard into a place which is more inviting. They have turned over £7,000 to date and have a UK, US and EU patent and they have registered their design and also have a UK trade mark.

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The IPKat

FEBRUARY 3, 2023

This blog post speculates on the issues that may arise in that litigation and other similar cases. The current generation of AI image generation tools such as Stable Diffusion , Midjourney and DALL·E 2 are designed to take a text description or prompt from a user and generate an image that matches the prompt.

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CopyrightsWorld

JUNE 10, 2021

Here’s everything you need to know about designing a killer portfolio that sells your services. It’s going to be different depending on the type of people you’re showcasing your portfolio to and your design career. Is the design process important to my client? doing guest blogging) to get exposure. Think like the client.

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The IP Law Blog

SEPTEMBER 16, 2021

After the 2015 transaction between the team and the league closed, the team was sued by a third party who claimed that the Gull logo infringed his artwork entitled “San Diego Gulls”. A logo is a graphic design and that has copyright elements. There are a few takeaways from this case.

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Social Media IP Intellectual Property Artwork 98

IPilogue

MARCH 18, 2022

He designed the Flag in 1971 as a symbol of Indigenous resilience and representation. Similarly, in the UK [1] , it was held that designs for coinage prepared by the company Ironside under an order by the Royal Mint were prepared under the direction or control of the Crown. One such dispute had been afoot in Australia for five years.

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IPilogue

SEPTEMBER 23, 2022

District Court, Central District of California, on June 15 suing Shein for over $100 million in damages for unauthorized reproductions of her artwork “One is good, more is better.”. In 2019, Mollman registered this artwork with the U.S. Copyright Office and included Copyright Management Information (CMI) on her artwork.

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The IP Law Blog

MARCH 3, 2022

Unicolors is the owner of copyrights in various fabric designs, including a 2011 copyright registration that consisted of 31 separate designs. it registered it as a single publication when some of the designs were apparently not put on sale to the public all at once), the registration should have been found to be invalid.

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Patent Trademark Blog

MAY 26, 2023

These are the visual features that would have been appropriate for design patent protection. The artwork also met the second condition since you could imagine removing the decorations and applying them to another medium. The post How to Get IP When It’s Too Late to Patent appeared first on Patent Trademark Blog | IP Q&A.

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Kluwer Copyright Blog

MARCH 10, 2025

It will depend on how AI developers designed and trained the algorithm. While GPT4, which is a module behind ChatGPT, is designed in a way to avoid outputs similar to the training dataset, the Next Rembrandt project was designed to output artworks that are very similar in style to Rembrandt paintings on which it was trained.

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Patent Trademark Blog

FEBRUARY 26, 2024

Graphic designs on the front or back of a shirt, for example, will often be considered ornamental matter that would not qualify as trademark use. How to Design Patent the Appearance of Clothing Does your article of clothing have some unique 3-dimensional features? But how do you show a trademark on clothing? Be careful here.

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Intepat

NOVEMBER 3, 2024

In such cases, ownership may be attributed to the publisher or another designated entity. State of Tamil Nadu (2021) This case involved the unauthorized use of an artwork created by an unknown artist. Recent Case Law on Pseudonymous and Anonymous Works S.

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IP and Legal Filings

MARCH 30, 2024

The integration of technology within the domain of art design has provided artists with unprecedented possibilities to conceptualise and implement interactive and immersive experiences. This blog explores the ownership and authorship dilemma that arises at the intersection of AI-generated art and Thaler v.

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