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. On appeal, the Ninth Circuit disagreed with the district court and ruled that because Unicolors had made a mistake of law in connection with the registration (i.e.

Copyright Infringement 98

Copyright Infringement Copyright Registration Copyright Law 98

SpicyIP

MAY 18, 2022

Hermes has sued a Californian artist, Mason Rothschild, for his “MetaBirkins” digital artworks alleging trademark infringement. The Indian Trade Marks Registry is also seeing activity under classes 9, 35 and 41 for registration of trademarks in relation to ‘downloadable virtual goods’ and online virtual services.

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Non-Fungible Tokens Trademark Artwork Art 121

The IPKat

APRIL 19, 2023

If a new user re-registers a name whose registration is expired, a new token is created. However, and beyond the fact that the registration is expired, any name maintains in the blockchain its own history. McCoy’s registration on the Namecoin blockchain expired In January 2015. are applicable to it. are applicable to it.

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Non-Fungible Tokens Artwork Contracts 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. Registration was refused in August 2019, in line with previous US case law and guidance.

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Copyright Art Registration Fair Use 145

Traverse Legal Blog

MARCH 8, 2022

In this video, we will also examine the legal strategies each project got right on trademark registration and copyright licensing. 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.

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Non-Fungible Tokens Artwork Licensing Brands 131

JD Supra Law

MARCH 9, 2022

AI has advanced significantly in creative industries, including music, web design and development, art, and social media, begging the.

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Web Design Copyright Social Media Artwork 52

The IPKat

FEBRUARY 17, 2022

Registration was sought as a work-for-hire to the owner of the Creativity Machine. In any case, the above does not mean that there are no situations in which also works created by non-human authors can qualify for protection, a notable (and controversial) example being section 9(3) of the UK Copyright, Designs and Patents Act.

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Copyright Artistic Work Copyright Law Contracts 145

IP Tech Blog

JANUARY 22, 2024

Among other things, the Initiative’s portal compiles registration decisions for AI-generated materials. Particularly instructive is a December 11, 2023 decision by the Copyright Review Board affirming the denial of registration to an AI-generated artwork. Copyright Office’s AI Initiative launched in early 2023.

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Registration Art Copyright Editing 62

IIPRD

JUNE 29, 2022

The monogram was designed to help them brand their firm and prevent copycats from trespassing on their turf. Fashion and luxury goods manufacturing requires a great deal of imagination, from the designs of the garments to the patterns, shapes, logos, symbols, and names associated with them. IP PROTECTION LOUI VUITTON PRODUCTS HAVE.

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Intellectual Property Brands Branding Branding 98

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

Intepat

SEPTEMBER 15, 2023

AI-Generated Art: Where Artistry Meets Algorithms Before diving into the intricacies of copyright registration /ownership, let’s set the stage by understanding the birth of AI-generated art. AI-generated art represents a fusion of human ingenuity in crafting algorithms and the machine’s ability to produce artworks autonomously.

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Art Copyright Ownership Non-Fungible Tokens 105

SpicyIP

SEPTEMBER 11, 2023

AI and Copyright: More Developments – Human Prompts are Not ‘Direct Instructions’ After the Thaler case, the US Copyright Office passed another interesting order on AI-generated works, this time refusing the registration due to the work’s failure to meet the de-minimis threshold. Dr. Reddy’s Labs Ltd. Promoshirt SM SA v.

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Registration Trademark Copyright IP 105

LexBlog IP

MAY 18, 2022

2D designs and texts on a product or packaging may be protected as written, pictorial, photographic, and graphic works, or even works of fine art, depending on the nature of the design elements. The situation is much more complex for product designs and 3D packaging. copyright law. For comparison, U.S. Like in the U.S.,

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Design Designs Copyright Artistic Work 40

LexBlog IP

JANUARY 22, 2024

Among other things, the Initiative’s portal compiles registration decisions for AI-generated materials. Particularly instructive is a December 11, 2023 decision by the Copyright Review Board affirming the denial of registration to an AI-generated artwork. Copyright Office’s AI Initiative launched in early 2023.

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Registration Copyright Art Editing 52

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

SpicyIP

MARCH 16, 2025

Case Summaries Vst Industries Limited vs Asd Tobacco Private Limited & Anr on 6 March, 2025 (Delhi High Court) The petitioner, filed the petition to remove the respondents registration for the mark CHUMS from the Trade Mark Register. The two products were also similar in terms of artwork, colour scheme and packaging.

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Trademark Copyright Brands Branding 58

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

The IPKat

DECEMBER 16, 2021

CPL had a registered trademark in the word “Conphamol” and the design of the product packaging. The Court of Appeal however found that there was enough evidence before the court to prove CPL’s ownership of the copyright in the artwork (as it had commissioned and paid for the artwork).

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Copyright IP Ownership Copyright Infringement 90

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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Brands Branding Branding Trademark 52

IP and Legal Filings

AUGUST 4, 2022

With the inclusion of GI based legislations for “smoother registration and stricter protection of GI” in many member states, one can see a heightening success or a potential promise of socio-economic development in such countries. Many nations have also adopted the practice of maintaining “GI Registry” drawing from the EU practice.

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Artwork Intellectual Property Intellectual Property Law Business 98

The IP Law Blog

JANUARY 12, 2023

If these materials show the use of trademarks, logos, or slogans that are not already the subject of a trademark registration or application, then these marks should be cleared for use to prevent unintended liabilities, and they should be considered for possible registration. . pending or issued registrations) and those that are not.

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IP Intellectual Property Social Media Cease and Desist 98

Kluwer Copyright Blog

NOVEMBER 26, 2023

Copyright registration may be obtained to create a public record of the work and to assist the copyright owner in enforcement of their rights. Copyright registration in the U.S. Copyright Office have failed to show sufficient human involvement to allow their registration to proceed. Like many other countries, in the U.S.

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Registration Copyright Law Artwork Copyright 64

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. There’s a similar copyright registration for this site.

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False Advertising Ownership Registration Design 72

The TTABlog

NOVEMBER 30, 2022

91267822 [Section 2(d) opposition to EDENIC BLENDS & Design for "Vitamin and mineral supplements; none of the foregoing containing CBD" in view of the registered mark EDEN and an alleged family of EDEN-formative marks, for natural and organic food and beverage products, including dietary food supplements.]

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Artwork Designs Design Registration 59

Kluwer Copyright Blog

SEPTEMBER 6, 2023

This AI system — the so-called “Creativity Machine” — produced the artwork titled “ A Recent Entrance to Paradise ”. Conversely, if the Register denies an application for registration for lack of copyrightable subject matter, then this means that the work at issue was never copyright protectable. H&M Hennes & Mauritz ).

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Art Copyright Registration Artwork 72

Copyright Lately

AUGUST 25, 2023

Howell ruled last Friday that the Register of Copyrights did not act “arbitrarily or capriciously” in denying a copyright registration to Dr. Stephen Thaler for artwork generated entirely by artificial intelligence. District Court Judge Beryl A. What is Unclaimable Material? Previously registered material.

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Derivative Work Registration Copyright Public Domain 87

IP Intelligence

JUNE 3, 2021

On June 1, 2021, the Supreme Court granted certiorari on the question of whether Section 411(b) of the Copyright Act is intended to be a “fraud” statute that requires scienter for cancellation of a copyright registration. The court held that there were no valid grounds for cancellation of the registration, since fraud was not proven.

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Copyright Registration Design Designs 52

LexBlog IP

SEPTEMBER 21, 2021

While a website may contain text, artwork, photographs, music, videos, or other content that constitutes copyrightable subject matter on its own, the website itself is not typically considered a copyrightable work. As this Court has explained, the Constitution mandates some minimal degree of creativity, see The Trade-Mark Cases , 100 U.S.,

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Copyright Artwork Registration Music 52

IP and Legal Filings

FEBRUARY 7, 2023

Virtual characters can play themed games, create original artwork, visit exhibition locations, shop for virtual clothing for their collections or gaming outfits, and partake in social events after arriving in “Gucci Town.” The general public could view the collection’s three-dimensional designs by scanning a QR code.

Trademark 98

Trademark Non-Fungible Tokens Brands Branding 98

LexBlog IP

MARCH 3, 2022

Unicolors is the owner of copyrights in various fabric designs, including a 2011 copyright registration that consisted of 31 separate designs. On appeal, the Ninth Circuit disagreed with the district court and ruled that because Unicolors had made a mistake of law in connection with the registration (i.e.

Copyright Infringement 52

Copyright Infringement Copyright Registration Copyright Law 52

Kashishipr

JUNE 16, 2021

Of these crimes, Intellectual Property (IP) theft is one of the many, which involves stealing copyright, patents, industrial designs, etc., With the advancement of technology and the overreaching effect of cyberspace, cyber crimes have also witnessed a surge. by using the internet and computers as a medium.

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Intellectual Property IP Confidentiality Registering Trademarks 98

Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). ChatGPT , Smodin ), to perform music (i.e., Secondly, para.

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Copyright Art Copyright Law Licensing 125

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. Copyright Office concerning the ineligibility of artwork generated by artificial intelligence for copyright protection under U.S.

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Ownership Copyright Law Copyright Artwork 52

IIPRD

OCTOBER 7, 2024

The Intellectual Property incorporates the makings of the thoughts such as the discoveries, literary and artistic works, design, symbols, names, and images used in the business. Copyright also protects the original work of the inventors, such as the software code, literary work, music, and artwork.

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Intellectual Property Government Invention Brands 98

IP and Legal Filings

SEPTEMBER 11, 2024

In the US, the protection of copyright is only provided to the “registration of an original work authorship, provided that the work was created by the Human Being” ” in the famous Landmark case of In case of “ Infopaq International A/S. India recently witnessed a landmark case involving AI and copyright law. Rana & Co.)

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Music Copyright Ownership Copyright Law 103

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. Notice I said ornamental features, not ornamental products.

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IP Patent Design Patent Artwork 75

43(B)log

JUNE 24, 2022

U’s registration for THE for clothing and other merchandise by putting THE on a hangtag. Registration v. Much of the law is a collection of rules of thumb from registration context. Hard to think coherently about TM status without thinking about registration v. artworks as TMs. acquisition is also a big deal.

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Trademark Law Law Trademark Registration 75