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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Artwork Art Graphic Design Marketing 52

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.

Artwork 119

Artwork Trademark Publishing Marketing 119

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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Copyright Law Copyright Law Artwork 105

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 Application Invention Graphic Design Design Patent 98

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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Design Patent Design Designs Patent Application 52

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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Design Designs Design Patent Patent 52

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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Blogging Artwork IP Law 40

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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Ownership Intellectual Property Artwork Copyright Law 102

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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Registration Artistic Work Copyright Registering Trademarks 98

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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Artwork Contracts Ownership IP 98

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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Non-Fungible Tokens Trademark Artwork Art 121

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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Copyright Art Registration Fair Use 145

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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Copyright Non-Fungible Tokens Ownership Intellectual Property 52

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

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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Copyright Intellectual Property Copyright Law Artwork 52

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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Copyright Artwork Designs Design 105

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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Art Copyright Ownership Non-Fungible Tokens 105

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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Blogging IP Advertising Advertising 52

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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Design Patent Design Designs Patent Application 40

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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Litigation Copying Copyright Design 143

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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Design Designs Art Business 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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Government Copyright Ownership Copyright Law 119

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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Business Artwork Intellectual Property Copyright Infringement 59

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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IP Patent Design Patent Artwork 75

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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Branding Branding Brands Trademark 52

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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Copyright Moral Rights Ownership Publishing 52

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.

Ownership 52

Ownership Copyright Law Copyright Law 52

IPilogue

OCTOBER 3, 2022

Ultimately, Plesner won the case against LV and her rendition of the bag with the court upholding her right to freedom of expression over LV’s exclusive rights in the community design. Mr. Bereskin astutely noted that Plesner’s artwork would have been less popular if LV had abstained from legal action. Photo credits: [link] ).

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IP Artwork Trademark Designs 105

Kashishipr

JUNE 16, 2021

Of these crimes, Intellectual Property (IP) theft is one of the many, which involves stealing copyright, patents, industrial designs, etc., The post Intellectual Property Theft: A Menace appeared first on Blog | Kashish IPR | Intellectual Property Rights Law Firm. by using the internet and computers as a medium.

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Intellectual Property IP Confidentiality Registering Trademarks 98

The IP Law Blog

JANUARY 12, 2023

Also, if the company has changed the graphic user interface to any of its technology products or has changed product packaging, point of sale displays, or product design, these may also be protectable trade dress. .

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IP Intellectual Property Social Media Cease and Desist 98

SpicyIP

SEPTEMBER 11, 2023

Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Preliminary Exams for the Recruitment of Patent and Designs Examiners Cancelled! Wondering what IP developments took place last week? Manju Singhal v.

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Registration Trademark Copyright IP 105

IP and Legal Filings

SEPTEMBER 11, 2024

This includes thousands of books the complete Wikipedia and nearly a trillion words extracted from blogs social media and various online platforms. In a first-of-its-kind ruling, the AI painting tool “RAGHAV [10] ” was initially recognized as a co-author for the artwork “Suryast,” alongside its human creator, Ankit Sahni.

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Music Copyright Ownership Copyright Law 103

IIPRD

JANUARY 29, 2023

The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. A person who employed the artist will be considered the proprietor of the artwork and can register for exclusivity for the same character. [3]

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IP Artwork Contracts Intellectual Property 52

Corsearch

AUGUST 24, 2023

In this blog, we outline the tools you can use to protect your brand reputation and prevent consumer confusion. Trademark infringement Trademarks are distinctive elements like words, logos, phrases, designs, or symbols used to identify the origin of goods and services.

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Branding Branding Brands Copyright Infringement 52

Kluwer Copyright Blog

MAY 9, 2023

According to data provided by the company, by late April this year, more than 1 billion pieces of artwork had been removed from the Stable Diffusion training set using this tool (reported here ). But that is a matter for a different blog post. There is disagreement among commentators whether this is a desirable development.

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Copyright Copyright Law Fair Use Law 138

IIPRD

JUNE 9, 2024

The metaverse acted as a virtual boundary in this design for the future. This blog aims to discuss the challenges and opportunities of Intellectual Property Rights in the metaverse with prominent precedents. Trademarks A Trademark can be a mark, symbol, design, color, combination of colors, shapes, etc. Mason Rothschild.

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Intellectual Property Non-Fungible Tokens Trademark Designs 59

LexBlog IP

FEBRUARY 21, 2022

Throughout this blog I present this issue through a legal lens, offering guidance and possible solutions to the industry. This is the unfortunate reality for most NFT projects: their artwork is entirely mutable which defeats the entire purpose of those NFTs. This is not only a future threat, it is already happening. What is an NFT?

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Ownership Art Artwork Non-Fungible Tokens 52