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.

Ownership 102

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.

Copyright Infringement 141

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.

Copyright 52

Copyright Non-Fungible Tokens Ownership Intellectual Property 52

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.

Blogging 111

Blogging Social Media Television Fair Use 111

Copyright Lately

MAY 6, 2022

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. trademark office records reveals that Viacom obtained rights in a broad array of TMNT marks after a highly-publicized purchase from the Mirage Group in 2009.

Derivative Work 97

Derivative Work Licensing Artwork Contracts 97

Traverse Legal Blog

OCTOBER 20, 2022

Whether you are looking to make your own non fungible token to sell or you’re looking to buy an NFT as an investment, you need to be aware of copyright and trademark laws that might apply to your NFT. Trademark rights can be even more confusing to navigate in the world of NFTs. Copyrighting vs Trademarking NFTs.

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

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.

Copyright 90

Copyright IP Ownership Copyright Infringement 90

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.

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

IP and Legal Filings

OCTOBER 28, 2022

These classifications are then used, among other things, to establish what business licensing is necessary for a given industry. Trademark: NFTs may also be protected as a trademark. Article 1(1) of Indonesia’s Trademark Law defines trademark. cross-border transfer of personal data. electronic data deletion.

Non-Fungible Tokens 98

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

IP and Legal Filings

SEPTEMBER 20, 2023

It prevents the unauthorized use of the design, logos, trademarks etc. The very first fashion trademark was registered in 1858 by the Persian couture house. Any specific design or original artwork that is incorporated into a garment is capable of being protected under the copyright laws. The Berne Convention solidified it.

Designs 105

Designs Design Copyright Copyright Infringement 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 IPR in the startup sector continually starts with the Trademarks.

Intellectual Property 98

Intellectual Property Government Invention Branding 98

43(B)log

JANUARY 16, 2024

Goldsmith, the Court upheld a ruling that Andy Warhol’s reworkings of Lynn Goldsmith’s photograph of the artist Prince into highly stylized silkscreens and drawings were not transformative, and thus were unfair, at least when images of the artworks were licensed to illustrate articles about Prince. In Jack Daniel’s v.

IP 63

IP Artwork Intellectual Property Licensing 63

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.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

LexBlog IP

AUGUST 17, 2022

Back in 2020, the famous Chinese brew company Tsingtao Beer filed an administrative complaint for trademark infringement against a smaller Chinese competitor for the use of recycled Tsingtao beer bottles. Is this however a case of trademark infringement? Trademark or Unfair Competition? And, why is this important?

Trademark 52

Trademark Registering Trademarks Art Cease and Desist 52

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.

Art 59

Art Fair Use Marketing Marketing 59

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.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

The IPKat

DECEMBER 31, 2023

This week’s big IP news is the New York Times suing OpenAI and Microsoft for copyright infringement, trademark dilution and other violations of existing laws. Image: flickr.com Katfood The New York Times Company v. Microsoft Corp., The whole editorial is available here. More information and application details can be found here.

Intellectual Property 71

Intellectual Property Intellectual Property Law Public Domain Copyright Infringement 71

IIPRD

JUNE 9, 2024

When we talk about IPR in the metaverse various types of Intellectual Properties come into the picture, for example, copyrights, patents, and trademarks. Trademarks A Trademark can be a mark, symbol, design, color, combination of colors, shapes, etc. that identifies a product or a service that is distinguishable by a common man.

Intellectual Property 59

Intellectual Property Non-Fungible Tokens Trademark Designs 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. Licensing of rights: How should IP rights in the associated asset be licensed in an NFT context?

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Let’s dive in!

Fair Use 40

Fair Use Art Licensing Derivative Work 40

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. artworks as TMs. Bad faith objection fails b/c never intended to use as TMs; they were widely circulated artworks; it’s always been a © and doesn’t function as a TM. Intro, Graeme Dinwoodie Ornamentality is undertheorized.

Trademark Law 75

Trademark Law Law Trademark Registration 75

43(B)log

OCTOBER 11, 2022

It had a similar color scheme, page layout and website architecture, font type, and artwork and photographs to Boston Carriage’s. Boston Carriage argued that it had a legal right of immediate possession to the original content posted to its website by its customers through a non-exclusive license.

False Advertising 64

False Advertising Advertising Advertising Copying 64

IP Tech Blog

JUNE 8, 2023

Today, in a unanimous decision , the Supreme Court held that the First Amendment will not protect an infringers’ use of a confusingly similar trademark for its goods – even if it is a humorous parody. The Court reiterated that the touchstone of trademark infringement is likelihood of confusion.

Branding 57

Branding Brands Branding Trademark 57

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]

IP 52

IP Artwork Contracts Intellectual Property 52

Kashishipr

AUGUST 17, 2022

Trademarks – A trademark helps identify, indicate, classify, and differentiate the source of products or services of one from those of others. Content creators and social media influencers should obtain the permission of the trademark owner whose brand name or product is displayed on their social media posts or stories.

Social Media 52

Social Media Intellectual Property Registration Branding 52

Kluwer Copyright Blog

JUNE 30, 2021

This decision will certainly be welcomed by documentary makers, who may now feel more encouraged to use works created by others – not only music but also visual artworks, especially those which are placed in the public environment. The Copyright / Trademark Interface: How the Expansion of Trademark Protection Is Stifling Cultural Creativity.

Fair Use 105

Fair Use Copyright Law Copyright Law 105

Kluwer Copyright Blog

JULY 16, 2023

Vanity Fair magazine had commissioned Warhol’s artwork in 1984 to accompany an article about the singer’s rise to fame based on Goldsmith’s photograph under a one-time-use “artist reference” license between Vanity Fair and Goldsmith’s agent. 2) Can reporting on dupes of famous perfumes amount to trademark infringement?

Blogging 52

Blogging Law IP Fair Use 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.

Intellectual Property 59

Intellectual Property Non-Fungible Tokens Art Ownership 59

LexBlog IP

JUNE 8, 2023

Today, in a unanimous decision , the Supreme Court held that the First Amendment will not protect an infringers’ use of a confusingly similar trademark for its goods – even if it is a humorous parody. The Court reiterated that the touchstone of trademark infringement is likelihood of confusion.

Branding 52

Branding Brands Branding Trademark 52

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. Selling the Intangible in Fashion: What Does it Mean for Trademark Protection? PDF copy available. To File or Not to File.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Trademark Branding 40

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. In 1999, when Amazon was only an online bookseller, it patented the one-click feature as a utility patent with the United States Patent and Trademark Office (USPTO).

Patent 52

Patent Invention Artwork Confidentiality 52

IIPRD

MAY 20, 2020

These rights are applied in various ways and cover a lot of fundamental aspect of the game starting from soundtrack, to characters to the artwork in the gaming codes and many more. Apart from the IP infringement, there would also be a potential End-user license violation of such unauthorized use of the games.

IP 40

IP Intellectual Property Licensing Artwork 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.

IP 52

IP Social Media Ownership Non-Fungible Tokens 52

Intepat

MAY 17, 2024

The other two copyright rejections were the images in Kristina Kashtanova’s graphic novel (Zarya of the Dawn) and Jason Allen’s artwork which had substantial human input through the crafting of hundreds of prompts using the Midjourney text-to-image generator. In such cases, it amounts to licensing of copyrightable works.

Ownership 52

Ownership Contracts Confidentiality Copyright 52

LexBlog IP

MARCH 4, 2022

This can include inventions, designs, artwork, and even brand names and slogans. Trademarks: A trademark is a type of intellectual property that protects brand names and logos. What are intellectual property and intellectual property rights?

Intellectual Property 52

Intellectual Property Due Diligence Invention Business 52

Traverse Legal Blog

OCTOBER 20, 2022

Non fungible tokens (NFTs) , the latest vehicle for capturing, linking to and licensing intellectual property. That NFT can be transferred or licensed to subsequent NFT owners, all of which is recorded on the blockchain. . NFT License Agreement Template/Sample – [link]. You bought a Bored Ape NFT.

Non-Fungible Tokens 40

Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 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? Calvin Klein Trademark Trust & Anr vs M/S Guru Nanak International & Ors. The defendants proposed a new packaging, asserting that it doesn’t infringe the plaintiff’s trademarks.

IP 59

IP Trademark Advertising Advertising 59