Patently-O

SEPTEMBER 17, 2023

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Still, ornamental logos found on the accused product can still be relevant as visual distractors in the process of evaluating similarities and differences between the claimed design and accused design.

Design Patent 70

Design Patent Patent Infringement Designs Design 70

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 52

Fair Use Art Licensing Derivative Work 52

IPilogue

DECEMBER 9, 2022

In the verdict form the jury stated that Defendants had not proven fair use, the Plaintiff (Alexander) should receive $3,750 USD for actual losses from the Defendant’s use of the tattoo designs, and did not answer as to profits can be attributed to the Plaintiff for use of the tattoos. Citing Muhammad-Ali v.

Fair Use 112

Fair Use Copying Licensing Copyright 112

Velocity of Content

OCTOBER 19, 2023

The 1976 Act brought in many aspects of copyright with which we are now familiar, including codifying fair use in Section 107 (it previously had been applied on a common law basis). Harper & Row brought suit and The Nation argued that publishing the excerpts was a fair use.

Copyright 116

Copyright Fair Use Copyright Law Copyright Notice 116

Copyright Lately

JULY 15, 2024

As you can see from watching the clip above, the video was primarily designed to promote Chain, not Chili’s, yet the complaint doesn’t even reference Chain’s involvement. Still, whichever restaurant ends up defending this action will likely assert that using 24 seconds of the song was a parody or otherwise fair use.

Social Media 88

Social Media Music Fair Use Copyright Infringement 88

Technology & Marketing Law Blog

MARCH 6, 2022

” With respect to whether Babybus’ baby character infringed Moonbug’s baby, Babybus claimed that the alleged copying related to generic features found in nature. . Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v.

Fair Use 97

Fair Use Cease and Desist Copying Copyright Infringement 97

LexBlog IP

SEPTEMBER 28, 2023

OpenAI also made passing reference to the fair use defense, arguing that courts are empowered to adapt the defense “to account for ‘rapid technological change.’” Because they alleged direct copying of their works by OpenAI, the substantial similarity test is irrelevant, they contended.

Fair Use 52

Fair Use Derivative Work Copying Copyright Infringement 52

Copyright Lately

OCTOBER 24, 2022

In that case, artist Lebeus Woods claimed that a torture device used in the Terry Gilliam film had been unlawfully copied from his drawing of a wall-mounted chair. Fair use and de minimis defenses are often unreliable, and even if you have a solid case, defending copyright infringement lawsuits is an expensive proposition.

Artwork 89

Artwork Copyright Infringement Copyright Art 89

Technology & Marketing Law Blog

MARCH 15, 2022

That’s by design–the DMCA was designed to resolve matters outside of court. Looking at the reference images, the copyright owner appears to be overclaiming its rights to depict green sage leaves. Now, imagine the rightsowner also overclaimed trade dress protection for its sage leave design. Alper Automotive v.

Copyright 128

Copyright Fair Use Cease and Desist Litigation 128

43(B)log

DECEMBER 18, 2023

Structural connectors are used to join, and transfer the load between, different structural members, including vertical members like studs and posts, horizontal members like floor joists and roof trusses, and foundations. Typically, the engineer will specify a connector noting both part name and manufacturer (e.g.,

False Advertising 62

False Advertising Advertising Advertising Copyright 62

Biswajit Sarkar Copyright Blog

JULY 19, 2022

Unauthorized use of a work protected by copyright is referred to as copyright infringement. Thus, it is the unauthorised use of someone else’s copyrighted work that violates the owner’s rights, such as the right to reproduce, distribute, exhibit, or perform the protected work. Recognize the subtleties of fair use.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

IP and Legal Filings

FEBRUARY 9, 2023

[iii] This treaty also directs for permission of use, without authorization of the copyright holder over such accessible formats of copyrighted copies, which should be non-commercial lending & may comprise of electronic communication. v] General Obligation on Limitation and Exception, Article 11, Marrakesh Treaty. [vi]

Copyright 82

Copyright Contracts Copying Licensing 82

IP and Legal Filings

OCTOBER 4, 2022

Since no specific provision lays down any distinction with regard to this idea and expression dichotomy, the precedents of the case laws are referred to. Reference can be drawn from the case of Whelan Association Inc v. This is done so that the creativity and germination of new ideas are not halted. Oracle America, Inc.

Copyright Law 52

Copyright Law Copyright Law Fair Use 52

IP and Legal Filings

SEPTEMBER 29, 2022

Since no specific provision lays down any distinction with regard to this idea and expression dichotomy, the precedents of the case laws are referred to. Reference can be drawn from the case of Whelan Association Inc v. This is done so that the creativity and germination of new ideas are not halted. Oracle America, Inc.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

Blogging 96

Blogging Copying Social Media Copyright 96

43(B)log

AUGUST 4, 2021

Cathay Smith: Do you foresee a point in time at which an AI might be able to make a fair use/fair dealing decision in the moment? But fair use/dealing typically involves reproduction of a limited portion, and AI could calculate portion. EFF doesn’t want fair use cases in the system; MPAA does.

Copyright 89

Copyright Trademark Copying Fair Use 89

SpicyIP

JULY 22, 2023

It states that the current IP regime poses problems in the context of generic computer programs because of the way the algorithms are designed and trained using large data sets. It mentions intellectual property as a part of creating a strong R&D base (refer to page 13). It is not clear what this refers to though.

IP 98

IP Intellectual Property Reporting Government 98

43(B)log

AUGUST 26, 2022

The court denied Peninsula’s motion for summary judgment except for pure keyword buys, counterfeiting (based on resales of PEM goods), and claims based on marks Peninsula didn’t use. keyword ads, no use in text Bizarrely calling keyword buys “keyword conquesting,” PennEngineering sought summary judgment based on alleged sales diversion.

False Advertising 57

False Advertising Advertising Advertising Trademark 57

Copyright Lately

MAY 1, 2023

Within just over a month, a raft of barely-underground Discord servers like AI Hub have popped up to provide users with access to software—and step-by-step instructions—for creating new songs using hundreds of community-made AI models designed to mimic specific artists’ voices. Most voice model files are actually quite small.)

Music 84

Music Copyright Copying Copyright Law 84

SpicyIP

OCTOBER 27, 2023

Nagging refers to persistent, repetitive, and constant requests for action, such as the ‘sign-up’ or ‘subscribe now’ box repeatedly opening on an unrelated webpage during various access steps. The Kids Internet Design and Safety (KIDS) Act, proposed last year, would ban the use of autoplay in kid-targeted apps.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

LexBlog IP

MARCH 22, 2023

Falling within the broad category of AI and machine learning, generative artificial intelligence (GAI) refers to algorithms, such as ChatGPT, DALL-E and Stable Diffusion, that can interpret text prompts to generate new content. Two Recent GAI Cases Two recent cases highlight potential copyright issues implicated in the use of GAI tools.

Derivative Work 59

Derivative Work Copyright Fair Use Copyright Law 59

Velocity of Content

SEPTEMBER 9, 2021

iIn mid-June, YouTube enhanced the functionality of its web form for initiating DMCA 512 notices with the aim of reducing “reuploads” of content (what is sometimes referred to as the “Whack-A-Mole” problem). Note that the algorithm does not work perfectly — most prominently, it doesn’t understand the US legal doctrine of fair use very well.

Copyright 113

Copyright Social Media Licensing Publishing 113

43(B)log

FEBRUARY 18, 2022

Celebrities may collaborate on designing the product. Glynn Lunney: Examples in the US seem to fall under common regimes—what about where the law clearly doesn’t cover the use, such as use of a photo on the cover of a magazine when there’s reporting about the subject. You can cluster fair use cases.

Fair Use 57

Fair Use Contracts Litigation Copying 57

IP and Legal Filings

JANUARY 22, 2024

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

IIPRD

APRIL 21, 2021

These goods and services present online that form the bread and butter for business are a protected product/content that is categorized as intellectual property and is protected under the Intellectual Property laws through copyright, trademark , design , etc. References]. [1] 2] The Copyright Act, 1957.—Section

Intellectual Property 40

Intellectual Property Business Copyright Intellectual Property Law 40

LexBlog IP

OCTOBER 25, 2023

The copyright claims came down to a fair use analysis, something that has occupied discussions by this poster before. ” With a mixed bag present on the substantial similarity analysis, the District Court moved on to looking at fair use itself. .” Let’s see why.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

Kluwer Copyright Blog

MAY 9, 2023

The biggest copyright law question in the EU and US is probably whether using in-copyright works to train generative AI models is copyright infringement or falls under the transient and temporary copying and TDM exceptions (in the EU) or fair use (in the US). In the aftermath of cases like Authors Guild v.

Copyright 136

Copyright Copyright Law Fair Use Law 136

Kluwer Copyright Blog

JANUARY 16, 2024

The plaintiffs are authors of books and did not consent to their use as training material for Meta’s AI product, LLaMA. LLaMA is a large language model in the form of an AI software program designed to emit convincingly naturalistic text outputs in response to user prompts. This body of text is called the training dataset.

Derivative Work 131

Derivative Work Copyright Infringement Copying Copyright 131

Copyright Lately

DECEMBER 24, 2023

Netflix was decided after the Supreme Court managed to make fair use even more complicated in Andy Warhol Foundation v. Atlantic Records that “The concept of using ‘p * so wet’ as a rhetorical device in a song is neither original nor unique to plaintiff.” When Netflix refused to pay up, Cramer sued for copyright infringement.

Copyright 104

Copyright Copyright Infringement Music Fair Use 104

Technology & Marketing Law Blog

MARCH 29, 2023

Now here he claims this infringed his copyright, when in fact this is merely a retaliatory claim due to my filing a DMCA claim based on his appropriation of my design and copyright computer code expressions on multiple occasions without written or verbal permission. The citations for the basics of fair use do come from 9th circuit cases.

Blogging 96

Blogging Fair Use Copyright Copyright Notice 96

The IPKat

DECEMBER 21, 2021

A prominent feature of the debate has been the comparison between the fair use provision contained in section 107 of the US Copyright Act 1976 and the more detailed exceptions and limitations contained in legislation such as the UK Copyright, Designs and Patents Act 1988.

Copyright Law 111

Copyright Law Law Copyright Fair Use 111

43(B)log

FEBRUARY 19, 2022

Summary of current treatment: Although courts have often referred to “expressive” or “artistic” works as shorthand for the scope of Rogers, they have applied it to speech that quali?es Thus, it may not even be descriptive fair use to use the name of the religion from which the dissenters have parted. Related: © threats.

Trademark Law 70

Trademark Law Trademark Art Branding 70

43(B)log

DECEMBER 20, 2022

The 2001 Documentary “sold 50,000 copies in two weeks and revolutionized the Baltimore dirt-bike culture,” inspiring a sequel and plans to make a third film. Plaintiffs allegedly used the 12 O’Clock Boyz trademarks since 2001 and registered the marks in 2016. So too with unjust enrichment, which was based on defendants’ copying.

Fair Use 52

Fair Use Trademark Copyright Editing 52

SpicyIP

DECEMBER 30, 2023

The Division Bench judgement was passed on October 13, in response to the reference made by a Single Judge Bench where the Court disagreed with the finding of the coordinate bench in Boehringer Ingelheim v. Controller of Patents & Designs Patent Office Mumbai. Controller of Patents and Designs and Raytheon Company v.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

JUNE 24, 2022

Ornamental use may help to maintain rights even if core uses cease. Can it be used in different ways in TM as a thumb on the scale rather than a binary? 2d Cir in Descriptive fair use—how “pure” is the descriptive character of the use? Ilanah Simon: In Europe, you can’t use overlap to police boundaries.

Trademark Law 73

Trademark Law Law Trademark Registration 73

IIPRD

JANUARY 18, 2022

the restriction against reproducing or copying copyright works) or communication right is infringed. An NFT can create virtual fashion products as a designer and distinct as actual products, addressing the issue of digital clothing replication. The NFT holder is not allowed to make more copies of the work.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40

43(B)log

AUGUST 3, 2023

Matthew Sag, Copyright Safety for Generative AI Not addressing whether training is always fair use in every circumstance; explain how generative AI fits w/in existing law (nonexpressive uses) and identify best practices to make generative AI fairer. Are the outputs copies of the training data? What to do?

Social Media 52

Social Media Fair Use Advertising Advertising 52