SpicyIP

MARCH 16, 2025

Highlights Finding the Real Burger King: Identical Marks & Prior Use in the Pune Eatery Case It has been 14 years since the Burger King trademark dispute began in India, still with no end in sight. The plaintiff,, filed for summary judgment and permanent injunction against trademark infringement. Ramada International, Inc.

Trademark 59

Trademark Copyright Brands Branding 59

The IPKat

JUNE 27, 2022

A digital file (an artwork, a song, etc.), Moreover, between May and July 2021, Yuga Labs filed trade mark applications before the United States Patent and Trademark Office (still pending at the time of writing) for several marks, including BORED APED YACHT CLUB and BAYC. Yuga Labs, therefore, still owns the copyright in each NFT.

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Non-Fungible Tokens Contracts Copying Art 135

TorrentFreak

APRIL 26, 2024

Nintendo has a reputation for taking action against content featuring its characters and artwork so removing it now is the right thing to do. In other parts of the notice, takedowns were requested under trademark law. No games piracy in sight, only alleged infringement in characters, artwork, and audiovisual works.

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Artwork Brands Branding Branding 144

Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? Defendants, meanwhile, operate themed pop-up restaurants and bars in Houston, Texas.

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Blogging Social Media Television Fair Use 111

IP and Legal Filings

SEPTEMBER 20, 2023

However, many a times, we witness these designs being copied or recreated. Copying designs as well as creating replicas of any sort which closely resemble the general composition or the original blueprint infringes the right of the creator. It prevents the unauthorized use of the design, logos, trademarks etc.

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Designs Design Copyright Copyright Infringement 105

IPilogue

NOVEMBER 17, 2021

The Cowichan could have had a stronger claim against Ralph Lauren, given that they had already turned their minds to protecting their intellectual property through trademark law. Collective Ownership Over Cultural Artwork. Canadian courts have not yet grappled with the issue of collective ownership of Indigenous artwork.

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Ownership Intellectual Property Artwork Copyright Law 102

TorrentFreak

JULY 28, 2021

In addition, it’s alleged that the defendants unlawfully reproduced and displayed the plaintiffs’ artwork on the Ring-1 website, adapted the performance of the games, and reproduced game client files without a license during reverse engineering and similar processes. 1201(a)(2)). 504(c) ,” the complaint adds.

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Copyright Infringement Copyright Derivative Work Social Media 141

Intepat

DECEMBER 5, 2024

In one notable case, an NFT buyer of a famous digital artwork assumed they had purchased full copyright rights, only to find they could not legally reproduce or profit from the art without the creator’s consent. While NFTs verify the ownership of a digital item, they do not inherently transfer copyright to the buyer.

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Copyright Non-Fungible Tokens Ownership Intellectual Property 52

IIPRD

OCTOBER 7, 2024

The legal frameworks surrounding IP, including the patents, trademarks, copyrights, and business enigmas bargain the startups the aptitude to protect their intellectual assets, ensuring their thoughts and the inventions are lawfully saved from unlawful use or imitation. The IPR in the startup sector continually starts with the Trademarks.

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Intellectual Property Government Invention Brands 98

Patent Trademark Blog

MAY 26, 2023

Call Vic at (949) 223-9623 or email vlin@icaplaw.com to explore options to protect your innovation and stop competitors from copying your products. The artwork also met the second condition since you could imagine removing the decorations and applying them to another medium. Can you trademark a product shape or feature?

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IP Patent Design Patent Artwork 75

IP and Legal Filings

OCTOBER 28, 2022

Trademark: NFTs may also be protected as a trademark. Article 1(1) of Indonesia’s Trademark Law defines trademark. Copyright: NFTs are closely related to artworks that are the subject to copyright and related rights protection.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

Copyright Lately

MAY 6, 2022

The first thing that’s important to understand is that buying a copy of a creative work, even if it happens to the only copy in existence, doesn’t give you any copyright interest in the work. So, if you buy a copy of “Dune,” you can read it. The same rule applies to digital artworks sold as NFTs.

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Derivative Work Licensing Artwork Contracts 97

SpicyIP

SEPTEMBER 11, 2023

Tejaswini writes on this order by the Division Bench and its subsequent acknowledgment by the court, highlighting how this order can correct the practice of granting unfair ex parte ad-interim interim injunctions in Trademark litigation disputes. Other Posts Have a Break, Have a KitKat: The Chocolate or Chanachur? Promoshirt SM SA v.

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Registration Trademark Copyright IP 105

IP and Legal Filings

SEPTEMBER 8, 2021

NFTs may be represented in the form of memes, artworks, or videos. Trademarking of cryptocurrencies is yet another aspect that links IP to the crypto market. Like any other trademark , the cryptocurrency mark must be distinctive. In 2016, the USPTO rejected Bitcoin’s trademark application.

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Intellectual Property Non-Fungible Tokens Copyfraud Contracts 94

Kashishipr

JUNE 16, 2021

Theft of Trademarks: Trademark Infringement ensues when a third party makes unwarranted use of a mark in commercial parlance, usually about similar or competing goods, by affixing a mark that is identical or similar to the registered trademark. The act is pursued to deceive or confuse consumers as to the origin of those goods.

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Intellectual Property IP Confidentiality Registering Trademarks 98

IIPRD

JUNE 29, 2022

Design Rights: By registering their product designs, they can prevent third parties from copying the original and new, aesthetic, or ornamental components of their creations. Sword strategy: The brand uses its intellectual properties as “weapons,” attacking anyone who tries to copy or infringe on their protected assets in any way.

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Intellectual Property Brands Branding Branding 98

LexBlog IP

AUGUST 1, 2023

courts are addressing lawsuits brought by artists alleging that AI-generated art infringes on copyrights held by the artists for their artwork. Plaintiffs alleged that Stability AI “copied and scraped” billions of images to train an AI tool called “Stable Diffusion.” Several U.S. Stability AI, Inc.,

Copyright 52

Copyright Artwork Copying Copyright Infringement 52

The IPKat

DECEMBER 16, 2021

CPL Industries Limited , dismissed an appeal from the High Court in a copyright infringement, trademark infringement and passing-off suit between two pharmaceutical companies. CPL had a registered trademark in the word “Conphamol” and the design of the product packaging. Today, we begin with developments in the copyright field.

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Copyright IP Ownership Copyright Infringement 90

IP and Legal Filings

MAY 13, 2024

The introduction and advancement of generative AI technology, which is capable of producing everything from research articles to realistic artworks, has brought a revolution in the field of creativity. This way of doing things with the help of generative AI technology carries numerous legal challenges of intellectual property violation.

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Copyright Intellectual Property Ownership Technology 98

43(B)log

JULY 20, 2022

CC has a recent trademark registration for a design mark “consist[ing] of the stylized wording ‘COLOR COPPER.COM”, [with] a diamond shape between the wording ‘COLOR’ and ‘COPPER’ made up of four smaller diamonds, each diamond having a pattern inside of it,” COPPER.COM disclaimed. “The There’s no written agreement” will do it.] 1” therein.

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False Advertising Ownership Registration Designs 72

Kashishipr

AUGUST 17, 2022

Therefore, content creators and social media influencers must understand that their unique and creative content is easily accessible to millions of social media users and can be easily copied. Trademarks – A trademark helps identify, indicate, classify, and differentiate the source of products or services of one from those of others.

Social Media 52

Social Media Intellectual Property Registration Brands 52

43(B)log

JUNE 24, 2022

Relationship to use as a trademark; symmetry b/t types of use that might allow acquisition of rights v. RT: I would say lots of courts in © also try to reduce merger to meaning that you can do anything but copy verbatim, which is a narrowing that many courts in TM don’t bother with, though some variants of Rogers v. artworks as TMs.

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Trademark Law Law Trademark Registration 75

43(B)log

MAY 2, 2023

19, 2022) Technically, the trademark analysis here is weird (the parties agreed that the copyright fair use analysis would determine the trademark fair use analysis; the plaintiff’s lawyer is Higbee, FWIW), but the trademark claim is so clearly Dastar -barred and parasitic on the copyright claims that it’s hard to object.

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Art Fair Use Marketing Marketing 59

LexBlog IP

SEPTEMBER 15, 2022

Indeed, the directors of the US Patent and Trademark Office and US Copyright Office are in the process of conducting a joint study to untangle the various interests at play, having promised Sens. Thom Tillis and Patrick Leahy they will deliver findings by June 2023. Tarantino , Case No. 2:21-cv-08979, U.S.

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IP Non-Fungible Tokens Artwork Intellectual Property 52

LexBlog IP

JULY 13, 2021

Because NFTs are often digital artworks, it helps to think in terms of art. An NFT can represent anything in digital form, from visual artworks to music, multimedia, e-books and even digital trading cards. Similarly, one Bitcoin is interchangeable with another. The Mona Lisa is non-fungible.

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Intellectual Property Non-Fungible Tokens Art Ownership 59

LexBlog IP

FEBRUARY 27, 2024

Last week, we asked for your input on whether certain images generated by AI programs were substantially similar to the Plaintiffs’ original artworks, as alleged in Andersen v. The second prong of the test requires a showing of “copying” and “unlawful appropriation.” Stability AI.

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Copying Artwork Ownership Copyright 52

Garrigues Blog

JUNE 1, 2021

Banksy Case: registration of a trademark in bad faith and the price of anonymity. The EUIPO has cancelled street artist Banksy’s trademark for the well-known artwork ‘Flower Bomber” on the grounds that it was filed in bad faith. My product was copied and I haven’t registered it. is there anything I can do?

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Blogging IP Advertising Advertising 52

Kluwer Copyright Blog

JULY 16, 2023

The case focuses on whether Ed Sheeran consciously copied Sami Switch’s chorus. Accordingly, this case is a useful example of how a court will: (1) assess the derivation requirement (of actual copying) of UK copyright; and, (2) as part of that, consider similarity between musical works for the purpose of copyright infringement.”

Blogging 52

Blogging Law IP Fair Use 52

Corsearch

AUGUST 24, 2023

Identify the type of infringement Facebook will remove listings and posts that infringe your intellectual property, covering five categories: counterfeits, copyright infringement, brand abuse (which includes other forms of trademark infringement), design infringement, and patent infringement.

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Brands Branding Branding Copyright Infringement 52

LexBlog IP

MARCH 4, 2022

This can include inventions, designs, artwork, and even brand names and slogans. The purpose of intellectual property law is to provide a legal framework to protect these creations from being copied or stolen. Trademarks: A trademark is a type of intellectual property that protects brand names and logos.

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Intellectual Property Due Diligence Invention Business 52

IIPRD

FEBRUARY 6, 2024

We will examine the fundamental ideas and rules of copyright, trademark, and patent laws as well as how they relate to various entertainment business sectors in this extensive book. Copyright and trademark are the most important IP rights in this industry.

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Intellectual Property Cease and Desist Copyright Law Music 52

IIPRD

JANUARY 29, 2023

A person who employed the artist will be considered the proprietor of the artwork and can register for exclusivity for the same character. [3] 5] The content creator reached out to the artist for a commissioned artwork which is a unique character design. The corporation also steps in cases of violation of the IP of the VTuber. [8]

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IP Artwork Contracts Intellectual Property 52

IP and Legal Filings

MARCH 1, 2023

Intellectual Property Right The rights and privileges accorded to persons over their creative works, such as innovations, works of literature, and artwork, as well as use of names, logos and pictures in trade are known as intellectual property rights (IPR). Both agreements are governed by the World Intellectual Property Organization.

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Intellectual Property IP Government Invention 96

Fish & Richardson Trademark & Copyright Thoughts

JUNE 16, 2022

Principal Cynthia Walden and Associate Sarah Kelleher discuss the non-fungible token (NFT) trend across the fashion industry and what this digital arena means for trademark protection and enforcement. PDF copy available. Selling the Intangible in Fashion: What Does it Mean for Trademark Protection? To File or Not to File.

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Non-Fungible Tokens Intellectual Property Trademark Brands 40

Intepat

DECEMBER 12, 2024

Introduction Valuing intellectual property has long been essential for determining the economic worth of intangible assets, such as patents, trademarks, copyrights, and trade secrets. Digital assets encompass a wide range of online-based entities, from virtual real estate and digital artwork to domain names and software applications.

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IP Social Media Ownership Non-Fungible Tokens 52

LexBlog IP

NOVEMBER 9, 2023

According to Plaintiffs, Stable Diffusion scraped the internet to copy and store billions of copyrighted images without consent or licenses to train the programs. As we previously wrote , the Andersen case relates to “Stable Diffusion,” an AI platform that generates images in response to user prompts.

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Copyright Infringement Artwork Copyright Copying 52

SpicyIP

MARCH 11, 2024

A Case of Reverse Passing Off: DHC Rules In Favour Of Western Digital On Trademark Infringement Recently, the DHC passed an ex-parte interim injunction order against Geonix, holding them prima facie liable for indulging in ‘reverse passing off’ by selling Western Digital’s hard disks as their own.

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