Technology & Marketing Law Blog

OCTOBER 6, 2022

Among the tens of thousands of tattooers working in the United States, the tiny handful who have brought copyright infringement claims are rare outliers. While the occasional commercial use of a tattoo in a video game remains rare, tattooers use copyrighted material in their work on a regular basis.

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Blogging Fair Use Copyright Infringement Licensing 144

Kluwer Copyright Blog

APRIL 22, 2024

Technically, from a copyright perspective, the NFTs were derivative works of the Paintings (underlying works), since the former included major copyrightable elements of the (previously created) latter. This first duel has ended in a victory for the NFTs, at least for now.

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The IPKat

OCTOBER 1, 2022

Some IP Thoughts on Dolce & Gabbana’s SS23 Collection Curated by Kim Kardashian, and other Fashion Heritage at Fashion Week By Felicia Caponigri During Milan Fashion Week held last week, the Italian fashion brand Dolce & Gabbana debuted their Spring/Summer 2023 ready-to-wear collection. As in the U.S.,

Copying 97

Copying IP Copyright Law Designs 97

TorrentFreak

JULY 14, 2024

According to the complaint, the LifeWise Curriculum is actually a derivative work, i.e A white label agreement is commonly used to govern the supply of goods or services by one party, for use by another party in their course of their own business, oftentimes under their own branding. If we are to assume that LifeWise Inc.

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Copyright Licensing Fair Use Derivative Work 127

TorrentFreak

MAY 17, 2022

You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Netflix service. .” StreamFab is a Progression of DVDFab.

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Copying Social Media Licensing Technology 145

LexBlog IP

APRIL 15, 2022

When it comes to Disney, branding is everything. But what happens if one of the most recognizable faces of one of the world’s most recognizable brands falls out of copyright protection and can be used by the masses? By: Haley Sink. copyright protection in 2024. While copyright protection expires, trademark protection does not.

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SpicyIP

SEPTEMBER 16, 2024

T-Series denied any intention to produce a sequel or derivative work related to the “Aashiqui” films and argued that their new project will be entirely distinct, with no sequential linkage or potential for confusion. 2563752), nor will attempting to dissociate the franchise using a disclaimer.

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Registration Television Trademark Trademark Law 105

IP Tech Blog

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. Brand owners have already begun to catch up. Other brand owners have been fighting back infringers, commentators and/or parodists as in the METABIRKINS saga.

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JIPL Online

APRIL 9, 2021

Brands have recently begun to co-opt this form of communication in an attempt to capitalize on the prevalence and effectiveness of memes. [ii] Keller, Recognizing the Derivative Works Right as a Moral Right: A Case Comparison and Proposal , 63 Case W. Stearns, Todd J. Zywicki & Thomas J. vii] Deidrè A. 511, 523 (2012).

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Copyright Infringement Copyright Intellectual Property Blogging 98

43(B)log

FEBRUARY 4, 2023

Fair uses tend to divide into buckets: justified by new work; justified by project. New work: Derivative work or embedding work: Cambpell v. Use is justified by context of being placed in new work. Q: Is Prince selling a work or a brand? I didn’t copy the P’s work, I copied my own.

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Fair Use Derivative Work Copying Marketing 59

Intepat

MAY 24, 2023

The franchisor is the proprietor of a business who transfers certain rights to their brand under the same name, which is essentially a replica of the original business. In a franchise agreement, the franchisor maintains authority over how their brand is employed and how each franchise under their name is operated.

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Intellectual Property Contracts Ownership Invention 98

The IPKat

JANUARY 5, 2023

over a TV and radio advertisement which the latter had commissioned on behalf of bottled water brand Brio Blu. A parody is a work that is autonomous from the earlier one because it is characterized by a different spirit, something that the court referred to as a “conceptual overthrow” ( rovesciamento concettuale ).

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IP Tech Blog

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. Securing the right IP protection for an NFT will be key to its successful commercialization and exploitation by the creator and its owner. Is this the same in the US and China?

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IP Ownership Non-Fungible Tokens Copyright Law 109

Corsearch

MARCH 13, 2023

So, will other content creators, brands, and consumers be able to use Mickey Mouse in their own works? Disney still own the copyright on more recent works featuring the character and, most importantly, have protected his name, likeness, and associated imagery by registering trademarks. The short answer is no.

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Public Domain Trademark Copyright Registering Trademarks 52

LexBlog IP

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. Brand owners have already begun to catch up. Other brand owners have been fighting back infringers, commentators and/or parodists as in the METABIRKINS saga.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Kashishipr

JULY 13, 2022

Augmented Reality (AR) and Virtual Reality (VR) technologies are growing rapidly and becoming more noticeable and shall be transformative to the way we learn, live, work, and play. The question in this scenario is whether this process infringes upon the right to create a derivative work of the physical object?

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Intellectual Property IP Copyright Infringement Copyright 72

Trademark and Copyright Law Blog

FEBRUARY 1, 2021

There are even brand-new fees for requesting an oral hearing ($500) and for filing an appeal brief in an ex parte appeal ($200 per class). As for Trademark Trial and Appeal Board proceedings, an opposition or petition to cancel is $600 per class, up from $400, and there are also higher fees for extensions of time to oppose.

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Public Domain Trademark Copyright Registration 52

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Trademarks: Trademarks safeguard brand names, logos, symbols, or phrases that distinguish a startup’s products or services from competitors’ Registering a trademark ensures exclusive usage and prevents others from causing confusion among consumers. Firstly, trademarks ensure brand exclusivity.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

More Than Your Mark

AUGUST 27, 2021

Only the copyright owner has the right to make copies, distribute copies, perform, display, or make derivative works of the copyrighted work. A copyright lasts for the life of the author plus 70 years (for works made for hire, 95 years from when they are first published). There’s no need to renew or maintain a copyright.

Intellectual Property 52

Intellectual Property Trademark Copyright Patent 52

Kluwer Copyright Blog

APRIL 3, 2024

Firstly, where the degree of creativity is low in a copyright work, the consequence is that the “scope of protection conferred by the copyright in that word is correspondingly narrow” [43]. Secondly, the only protectable elements of a derivative work are those that are original over the antecedent work.

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Copyright Infringement Copyright Copying Artistic Work 49

Intepat

OCTOBER 7, 2022

Rights Conferred on Owner: The copyright owner of a piece of artwork has the exclusive right to make copies, sell or distribute copies, prepare derivative works based on the copyrighted artwork, and publicly display the artwork. Therefore, it is essential to safeguard the IP assets before any third party breaches them illegally.

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Intellectual Property Designs Design Artwork 59

Copyright Lately

MAY 1, 2023

Chrissy has created an unauthorized derivative work of the SpongeBob track (which probably won’t make Sire Records happy), but she likely hasn’t implicated any copyright interests in the UMG-owned Drake recordings that were used by Janet to train the original model. .” ” VMG Salsoul, LLC v.

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Music Copyright Copying Copyright Law 93

Intepat

OCTOBER 7, 2022

Rights Conferred on Owner: The owner of the copyright in a piece of artwork has the exclusive right to make copies, sell or distribute copies, prepare derivative works based on the copyrighted artwork, and publicly display the artwork. Therefore, it is essential to safeguard the IP assets before any third party breaches them illegally.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

LexBlog IP

APRIL 13, 2022

According to Miramax, the creation of the NFTs constituted copyright infringement because they were unauthorized derivative works of Pulp Fiction. [23] On February 9, 2022, Rothschild file a motion to dismiss the Complaint, arguing that he had “every right to make and sell art that depict branded products.”

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Non-Fungible Tokens Social Media Contracts Branding 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

” No, that’s exactly what the derivative work right covers, and it’s the exact issue litigated in the old WhenU cases. And there are many other forms of competitive marketing adjacencies that are fully permissible in the offline/physical space world, as I documented over a decade ago in my Brand Spillovers paper.

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Licensing Copyright Contracts Advertising 105

LexBlog IP

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. Securing the right IP protection for an NFT will be key to its successful commercialization and exploitation by the creator and its owner. Is this the same in the US and China?

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Art Law Journal

JUNE 30, 2022

This type of Intellectual Property protects words, symbols, slogans, or even sounds that identify products or services and distinguishes the brand from competitors. Anyone who then tries to use the name Alligator for their shirt brand would be infringing the trademark. Trademarks. The legal term is “ likelihood of confusion.”.

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Intellectual Property Invention Intellectual Property Law Design Patent 67

Art Law Journal

JUNE 30, 2022

The idea isn’t just to protect the owner of the trademark but also to protect potential buyers from purchasing a product from one brand, thinking it is actually a different brand because the name is so similar. Anyone who then tries to use the name Alligator for their shirt brand would be infringing the trademark.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

JIPEL Copyright Blog

MARCH 14, 2022

A derivative work itself, Netflix’s Bridgerton is based on the book series by Julia Quinn , a Regency-era series set between 1813 and 1827. The extent of the permission is evident from the absence of Netflix branding or credit in The Unofficial Bridgerton Musical songs or merchandise.

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Music Television Content Creation Derivative Work 52

43(B)log

AUGUST 11, 2021

Derivative works? Their studies: we might see tarnishment in the brand context, and stronger among conservatives. Control to tarnishment—They rated the brand as stronger if they saw the tarnishing stimuli. Control to tarnishment—They rated the brand as stronger if they saw the tarnishing stimuli.

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Trademark Copyright Branding Branding 72

SpicyIP

AUGUST 18, 2024

The opposing party (“OP”) was an American company selling sanitary products under the brand name “Whisper”. Tejaswini Kaushal takes us through the 400+ page judgment in this crisply worded post. The Court also appointed Local Commissioners to inspect, document and seal infringing buses at specific locations with the aid of the local police.

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Registering Trademarks Trademark Cease and Desist Copyright 104