JD Supra Law

MARCH 15, 2024

Kilpatrick’s Dan Englander and James Trigg recently presented to clients and colleagues on the topic of “Using Generative AI in an IP-Driven Business: Practical Tips and Legal Risks” at the firm’s annual 2024 Advanced Trademark Law Seminar in New York City. By: Kilpatrick

Business 65

Business IP Trademark Law Copyright Law 65

Copyright Lately

OCTOBER 20, 2024

While logos can be protected under both copyright and trademark law, it’s rare to see a plaintiff succeed on a copyright claim while failing to establish trademark infringement. Here, the jury sided with the airline, awarding $4.7 million in actual damages and an additional $4.7 million in disgorged profits.

Copyright 83

Copyright Fair Use Social Media Business 83

Intepat

MARCH 13, 2025

In India, the Taj Mahal Palace Hotel in Mumbai was the first building in India to be trademarked by its owners, setting a landmark precedent for architectural protection under the trademark law. Trademarking of a building s design is a significant step in branding and marketing.

IP 52

IP Design Designs Artistic Work 52

IP and Legal Filings

MAY 18, 2023

Image Sources : Shutterstock] The differentiation between principles of design infringement and trademark infringement is logical. Trademark law is not intended to encourage creation or production but rather serves as a tool for source identification to benefit consumers who associate distinctive brand identity with goodwill.

Design 98

Design Designs Art Trademark Law 98

Technology & Marketing Law Blog

MARCH 6, 2024

I’m also left wondering about possibly divergent applications of copyright and trademark law to print-on-demand services. In yesterday’s ruling, the plaintiff got virtually all of the inferences stacked in their favor, but that plaintiff emphasized trademark law.

Copyright 119

Copyright Trademark Law Publishing Copyright Infringement 119

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.

Non-Fungible Tokens 98

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

IP and Legal Filings

MARCH 30, 2023

Introduction In the conventional sense, trademark law requires the mark to essentially be a word or a logo. However, there have been significant advancements in the interpretations of trademark law over the years, with one such advancement being protection of fictional characters under trademark law.

Trademark 98

Trademark Trademark Law Television Law 98

Intepat

DECEMBER 30, 2024

Both trademark and copyright law offer avenues for such protection, which inevitably results in an overlap between the two legal frameworks. This discussion will explore the interplay between trademark and copyright laws in safeguarding product packaging.

Trademark 52

Trademark Copyright Artistic Work Copyright Law 52

Kashishipr

AUGUST 4, 2021

The presence of cryptocurrency is constantly growing, and therefore, it needs the law to transform along with it to address its administration and execution. Several courts have had trouble in applying substantive Trademark Law to this field of technology. Can Cryptocurrencies be Protected under the Trademark Law?

Trademark 105

Trademark Trademark Law Intellectual Property Ownership 105

Intellectual Property Law Blog

MARCH 13, 2024

copyright law does not expressly provide for such renumeration, these opportunities depend on the code underlying the NFTs and the rules of the platforms on which they’re sold rather than any statutory entitlement. NFTs may offer opportunities for U.S. artists to obtain remuneration from downstream resales of their works (a.k.a.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

The IPKat

SEPTEMBER 15, 2022

In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws. For this reason, the Peppa Pig decision cannot serve as a judicial precedent.

IP 132

IP Brands Branding Branding 132

IIPRD

OCTOBER 28, 2023

Catchphrases in Copyright and Trademark Law Copyright law guarantees artists the protection of their creative work while allowing others to expand upon it through its legislations. are generally not protected by copyright law. Additionally, names, titles, phrases, combinations, slogans, etc.

Copyright Law 59

Copyright Law Brands Branding Branding 59

Trademark and Copyright Law Blog

JULY 9, 2020

In other words, Booking.com has already largely addressed the potential problem of “booking.somethingelse,” via the DNS rather than trademark law. The post Booking.whocares: SCOTUS Issues a Headline-Making Trademark Decision… But Does It Really Matter? first appeared on Trademark and Copyright Law.

Trademark 93

Trademark Registration Trademark Law Fair Use 93

IP and Legal Filings

JANUARY 27, 2025

In recent years, due to the development of technology, artificial intelligence (AI) has become a major innovation in various fields. Artificial intelligence in this century is extending its enhancement across industries, from healthcare to entertainment. Still, with these innovations, the sociotechnical task of managing IPR arises.

Intellectual Property 101

Intellectual Property Designs Design Licensing 101

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.

Copyright 105

Copyright Copyright Law Ownership Copyright Infringement 105

The IP Law Blog

JANUARY 19, 2023

Of course, Hetronic disagrees and contends that trademark law under the Lanham Act extends beyond U.S. The petition states that the Court must clarify whether the Copyright Act’s preemption clause permits a plaintiff to use “state-law contract remedies to enforce a promise not to copy and use its content.”

Copyright 97

Copyright Trademark Fair Use Contracts 97

Chicago IP

FEBRUARY 28, 2022

The Award honors those who have made a significant creative contribution in one or more of the following substantive areas of intellectual property law: Patent Law: An invention or group of inventions having technological significance and an important social and economic impact, resulting in one or more U.S.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Service Mark Invention 52

LexBlog IP

OCTOBER 10, 2023

Eliezer How to Legally Protect your Board Game with Intellectual Property Law Table of Contents: Copyright Law Design Patents Trademarks and Trade Dress Utility Patents Limitations of Protection Say there is a game that’s been around. Learn more about Trademark law for board games and Trade Dress protection.

Design Patent 52

Design Patent Intellectual Property Design Designs 52

The IPKat

APRIL 5, 2022

2) Article 6 of the AUCL does not protect the signs, or their distinctive identifying parts, that are forbidden from use by Article 10(1) of the Trademark Law of China. (3) Clarifications are given on three aspects in particular: (1) On the definition and criteria of ‘the signs with certain influence’. (2)

Law 95

Law Business Marketing Marketing 95

TorrentFreak

JULY 17, 2024

That the loudest voices continue to import mountains of Chinese-manufactured goods, including items that in some cases violate copyright and trademark laws, serves to illustrate why differences on IP enforcement are likely to continue. Other conundrums, including IP rights owned by U.S.

Reporting 120

Reporting Intellectual Property Cinema Advertising 120

The IPKat

DECEMBER 23, 2023

The chapter explores how American nurserymen and seed houses turned to branding strategy and federal trademark law to restrain the circulation of stolen plants and prevent "humbuggers" from taking advantage of their reputations.

Intellectual Property 73

Intellectual Property Design Designs Intellectual Property Law 73

SpicyIP

JANUARY 4, 2023

Are free speech interests, association interests, which are rights to be claimed against the State and its instrumentalities and in rem actions of other actors (as stated by the majority), also enforceable against individual private actors through the route of common law remedies/ suit? I am not supporting copyright law’s existence here.

Copyright Law 105

Copyright Law Copyright Law IP 105

IIPRD

FEBRUARY 6, 2024

Copy Right Law in the Entertainment Industry The cornerstone of intellectual property protection in the entertainment sector is copyright law. Copyright law is especially crucial in the entertainment sector for safeguarding movies, TV series, songs, screenplays, and literary works.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

Intepat

DECEMBER 30, 2024

India largely embraces international exhaustion, as reflected in its trademark laws. Indias Position on the Doctrine of Exhaustion Indias stance on exhaustion varies across different branches of IP law, reflecting the countrys broader objectives of fostering competition, innovation, and consumer access to affordable goods.

IP 52

IP Law Trademark Law Intellectual Property 52

IP Tech Blog

MAY 15, 2023

What has Ghostwriter977/AI actually infringed and, moreover, is AI art copyrightable? Copyright law gives copyright owners the exclusive right to reproduce, distribute, perform, and display their works, and to create derivatives of those works.

Copyright 125

Copyright Music Social Media Art 125

Olartemoure Blog

JULY 17, 2024

THE ART OF TATTOOING AND COPYRIGHT Tattoos are protected by copyright laws as original works of art. When a tattoo design is created and inked onto skin, it automatically gains copyright protection. TRADEMARKS AND TATTOOS Tattoos can also intersect with trademark law.

Intellectual Property 52

Intellectual Property Moral Rights Art Brands 52

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 5, 2020

Patent Law. Technology Law. Trademark Law. Copyright Law. News – Best Lawyers “Best Law Firms” are recognized for professional excellence with consistently impressive ratings from clients and peers. Litigation – Patent. Appellate Practice. Firms included in the 2021 Edition of U.S.

Intellectual Property 40

Intellectual Property Litigation Law Editing 40

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.

IP 52

IP Intellectual Property Artwork Design 52

IPilogue

DECEMBER 13, 2022

However, though patent law has the “person of ordinary skill in the art” standard and trademark law has the “ordinary casual consumer somewhat in a hurry” standard, copyright law often relies on a judge’s evaluation of whether infringement has occurred.

Art 78

Art Fair Use Intellectual Property Licensing 78

IP and Legal Filings

FEBRUARY 17, 2022

Unfortunately, copyright and trademark law do not provide particular protection for these characters, who, more often than not, exceed their original works to become well-known of their own. Several tests were created to see if a certain character might be copyrighted.

Fair Use 94

Fair Use Copyright Television Copying 94

IIPRD

JULY 4, 2021

However, the word emoji itself is not subject to protection awarded to intellectual property in general, but unlike the Indian Law, the US Law awards protection to emoji in certain cases. This may be explained by taking into consideration copyright, trademark as well as other intellectual property regimes. Copyright Law.

Intellectual Property 40

Intellectual Property Copyright Law Trademark Trademark Law 40

Copyright Lately

MAY 1, 2023

First of all, in terms of copyright, to reiterate our very clearly articulated position. sophisticated generative AI that’s enabled by large language models, which trains on our intellectual property, violates copyright law in several ways. copyright law really doesn’t seem to give UMG a ton of options.

Music 90

Music Copyright Copying Copyright Law 90

LexBlog IP

FEBRUARY 28, 2022

The Award honors those who have made a significant creative contribution in one or more of the following substantive areas of intellectual property law: Patent Law: An invention or group of inventions having technological significance and an important social and economic impact, resulting in one or more U.S.

Intellectual Property Law 40

Intellectual Property Law Intellectual Property Service Mark Invention 40

Traverse Legal Blog

APRIL 6, 2021

What are your options as a potential copyright owner to have those web pages removed , those accounts blocked by eBay and other vendors, and potentially having the photographs taken down? You’re going to need a copyright law attorney to help you out.

Copyright Infringement 75

Copyright Infringement Artwork Copyright Law Business 75

The IP Law Blog

DECEMBER 29, 2023

Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. As we look back, we want to share The Briefing’s most popular episodes in 2023. 3: What Now for Fair Use After Warhol v. Goldsmith The U.S. Supreme Court ruled in Andy Warhol Foundation v.

False Advertising 62

False Advertising Intellectual Property Fair Use Music 62

SpicyIP

MARCH 20, 2023

Note that even the patent and trademark law requires mandatory registration on the transfer/assignment of intellectual property (Section 45 Trademark Act 1999; Section 68 Patents Act 1970). First , the complicated security perfection regime in India and second, registration not being mandatory under copyright law.

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Registration IP Copyright Due Diligence 112

Biswajit Sarkar Copyright Blog

DECEMBER 24, 2022

Santa Claus art works which are often used by brands to promote their Christmas related products can be protected copyright law. Most trademarks registered in the U.S The post Santa Clause and IP appeared first on Biswajit Sarkar Blog.

IP 52

IP Artistic Work Intellectual Property Brands 52