The IPKat

APRIL 17, 2024

The IPKat has received and is pleased to host the following guest post by Katfriends Jakob Plesner Mathiasen and Matilde Helene Bom (both Gorrissen Federspiel) on a recent Danish decision tackling the relationship between trade mark law and freedom of expression. She has neat, blonde hair styled with an impeccable blue bow.

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Trademark Artwork Social Media Trademark Law 75

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.

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Ownership Intellectual Property Artwork Copyright Law 102

IPilogue

JUNE 30, 2022

Pankhuri Malik is an IPilogue Writer, IP Innovation Clinic Fellow, and an LLM Candidate at Osgoode Hall Law School. On May 09, 2022 , the Delhi High Court protected the title of the iconic Bollywood movie “ Sholay ” from trademark infringement and passing-off by a U.S. Can movie titles be protected as trademarks in India?

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Cinema Artwork Trademark IP 105

IP and Legal Filings

SEPTEMBER 20, 2023

If any person imitates the ideas of any other creator, he would said to be infringing the original artist’s design and the copyright thereof. A copyright protection is the ability of a designer to protect his original designs through the copyright laws. What Is Copyright? The Berne Convention solidified it.

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Designs Design Copyright Copyright Infringement 105

TorrentFreak

JANUARY 5, 2023

The campaign hopes to pay a lobbyist $187,500 to “educate government officials and policymakers” on a new threat to the creative industries – AI-generated artwork. The Concept Art Association says that some of the money will go to the Copyright Alliance, which already lobbies the government on behalf of its own members.

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Government Reporting Intellectual Property Copyright 145

IP Tech Blog

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. NFTs also may embody or use trademarks. This is highlighted in the case of Hermès International v.

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Trademark Non-Fungible Tokens Branding Brands 62

IP and Legal Filings

OCTOBER 28, 2022

Article 143 of the Patent Law provides patent holders recourse to file claims in the Commercial Court if the rights under their patent are infringed by another party. Trademark: NFTs may also be protected as a trademark. Article 1(1) of Indonesia’s Trademark Law defines trademark.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

Traverse Legal Blog

APRIL 6, 2021

Domain Names & Trademarks. Let’s say that you are a small business or start-up company that is trying to secure a domain name that matches your trademark. There are many landing pages out there on domain names that are a good match for your trademark, and no one appears to be using those web pages.

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Copyright Infringement Artwork Copyright Law Business 75

LexBlog IP

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. NFTs also may embody or use trademarks. This is highlighted in the case of Hermès International v.

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Trademark Non-Fungible Tokens Intellectual Property Branding 52

The IP Law Blog

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media.

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IP Intellectual Property Social Media Cease and Desist 98

Patentably Defined

AUGUST 28, 2022

Trademarks and copyrights can often be confused with one another, but they are actually quite different. A trademark is a symbol, name, or other device used to identify the source of a good or service. A copyright, on the other hand, protects original works of authorship, such as books, articles, music, and films. .

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Trademark Copyright Artwork Music 40

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? Manju Singhal v.

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Registration Trademark Copyright IP 105

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 Trade Marks Act of 1999 allows any startup to file trademarks.

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Intellectual Property Government Invention Branding 98

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. Copyright law protects just the expression, not the idea itself.

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Copyright Intellectual Property Ownership Technology 98

Kluwer Copyright Blog

NOVEMBER 26, 2023

Copyright Office and the U.S. Patent and Trademark Office held a conference on machine learning and copyright law (see “ Copyright Law and Machine Learning for AI: Where Are We and Where Are We Going ?”). Then, on 26 October 2021, the U.S. Against this background, in early 2023, the U.S.

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Registration Copyright Law Artwork Copyright 64

SpicyIP

SEPTEMBER 3, 2024

These include musical compositions, artwork, photographs and designs that all contribute to the making of an advertisement campaign. The advertising industry has long moved from simply promotional material to producing a wide array of diverse media forms, opening new avenues for significant creativity and artistic talent.

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Advertising Advertising Copyright Branding 103

LexBlog IP

AUGUST 3, 2023

copyright law can never protect a concept or idea, and only ever protects a specific expression of an idea, it seems impossible that the artistic output of, for example, a ChatGPT prompt along the lines of “create a poem about a boy and his dog” would ever be deemed protectable under U.S. copyright law.

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IP Intellectual Property Artwork Design 52

IIPRD

FEBRUARY 6, 2024

A thorough awareness of intellectual property laws is crucial, regardless of your career goals—be they that of a fashion designer, singer, filmmaker, or just someone curious about the legal side of entertainment. 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

LexBlog IP

JULY 17, 2023

How can this be considered an original artwork and who is the author? These are all questions that complicate copyright laws which require that a work be original in order to be protected intellectual property. This case was not addressing AI directly but was determining the authorship of a selfie taken by a monkey.

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Intellectual Property Art Artwork Moral Rights 52

SpicyIP

MARCH 10, 2023

It is capable of writing articles, translating, summarizing and answering follow-up questions and can also create content that can be protected under copyright law. ChatGPT is a chatbot, i.e. a computer program that simulates human conversation, by means of AI and natural language processing.

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Copyright Copyright Law Ownership Copyright Infringement 105

Copyright Lately

MAY 6, 2022

Just don’t forget about real world copyright law. ? For that, you’d need an assignment or license from the owner of the underlying copyright. The same rule applies to digital artworks sold as NFTs. That would require a copyright transfer via a signed writing from Yuga. And a quick review of U.S.

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Derivative Work Licensing Artwork Contracts 94

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 a similar copyright registration for this site.

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False Advertising Ownership Registration Design 72

LexBlog IP

MAY 19, 2023

Goldsmith was whether or not Warhol’s use of Goldsmith’s photograph as a reference and departure point for the creation of an image of Prince constituted fair use or copyright infringement under U.S. copyright law. Copyright law in the U.S. copyright law.

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Kluwer Copyright Blog

JULY 16, 2023

Top 3 Kluwer Copyright Blog posts 1) Generative AI, Copyright and the AI Act by João Pedro Quintais “ Generative AI is one of the hot topics in copyright law today. 2) Can reporting on dupes of famous perfumes amount to trademark infringement? Here are the most popular posts over the past few months.

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Blogging Law IP Fair Use 52

Biswajit Sarkar Copyright Blog

AUGUST 27, 2022

The domain name of the website may be protected by Trade Mark laws, whereas the contents of the website- the text, artwork, photographs, audio-visual content etc. enjoy the protection under Copyright laws if you are the first and original creator of these components. However, Amazon sued them for infringement.

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Patent Invention Artwork Confidentiality 52

Intepat

MAY 17, 2024

The nature of Prompts can be understood as Literary Works which is defined in Section 2(o) of the Copyright Act, 1957, as it includes computer programmes, tables and compilations including computer databases. For a prompt to be protected under copyright law, it must meet the criteria of originality and fixation.

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Ownership Contracts Confidentiality Copyright 52

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

JANUARY 31, 2023

Protection of AI-Generated Content Content that is wholly created by AI is not copyrightable or patentable. Copyright law requires the authoring of a creative work that is fixed in a tangible medium. In the end, nobody owned the copyrights on the photographs—not even the monkeys. ” (Emphasis ours).

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IP Copyright Law Copyright Intellectual Property 52

LexBlog IP

MAY 18, 2022

” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law. .; (8) ” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law.

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Design Designs Copyright Artistic Work 40

SpicyIP

DECEMBER 17, 2023

Ankit Sahni’s AI “Co-authored” Artwork Denied Registration by US, Continues to be Registered in India Can AI (co)author art? US Copyright Office says no to “RAGHAV”s work, even as the same work remains registered as a copyright in India. ‘AI The court assessed the similarity of the proposed labels under s.17,

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IP Trademark Advertising Advertising 59

LexBlog IP

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

IIPRD

AUGUST 4, 2022

However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. Trademarks. The easiest method to accomplish this is to register a trademark. Trademarks encompass Instagram handles, YouTube channels, and user names on numerous social media sites. Conclusion.

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Social Media Intellectual Property Non-Fungible Tokens Music 45

Traverse Legal Blog

OCTOBER 20, 2022

Owners of NFTs linked to copyright protected works, whether buying or selling, need to be aware of both copyright and trademark law. But can you use the words “Bored Ape” when that brand is registered as a trademark by the project owner Yuga Labs? You bought a Bored Ape NFT. Does “Fair Use” Apply to NFTs?

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Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 40

Technology & Marketing Law Blog

MARCH 7, 2022

(Readers who are already familiar with the facts of the case and the advantages of registration may skip to “Fraud on the Copyright Office” below.). Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.”

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Registration Blogging Copyright Design 98

LexBlog IP

MAY 19, 2023

Authors Kennington Groff and Jaime Chandra Kozlowski delve deep into the potential implications of a landmark Supreme Court of the United States (SCOTUS) case that sent ripples through the art world, impacting copyright law including fair use and commercial licensing.

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Fair Use Art Licensing Derivative Work 40

JIPEL Copyright Blog

MARCH 29, 2022

However, the underlying digital artwork itself is not the NFT. For example, copyright law as it stands today may not sufficiently protect athletes or associations like the NBA from the unauthorized creation of NFTs. Thus, implications and enforceability of these laws are yet to be determined.

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IP Non-Fungible Tokens Ownership Copyright Infringement 40

IP Tech Blog

JANUARY 4, 2023

Given that NFTs are the result of digital work that is transported in images, videos, photography and other forms of digital media, copyright seems to be the closest IP right to protect both the source code of the digital work, as well as its derivative works. Can other IP rights like trademarks play a role in protecting NFTs?

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IP Ownership Non-Fungible Tokens Copyright Law 109