SpicyIP

NOVEMBER 30, 2024

Diplomatic Conference to Conclude and Adopt a Design Law Treaty – Plenary Sessions. It took nearly two decades of negotiation, but member states of the World Intellectual Property Organization (WIPO) have finally adopted the landmark Design Law Treaty (DLT) during the Diplomatic Conference in Riyadh on November 22.

Designs 59

Designs Design Law Intellectual Property 59

Kluwer Copyright Blog

APRIL 8, 2025

Circuit attempting to preserve an appearance of copyrights legitimacy in the post-human era. To recount the facts and history, Thalers registration application designated the Creativity Machine as the works sole author and himself as the owner. This is a welcome result both as a matter of doctrine and principle , with the D.C.

Copyright 81

Copyright Registration Law Copyright Law 81

Plagiarism Today

OCTOBER 26, 2021

As we’ve discussed in the past , copyright has played an oddly oversized role in our modern Halloween festivities. However, one of the areas that is generally less talked about is copyright’s impact on Halloween costumes. Copyright and Halloween Costumes. Copyright Office. However, copyright is only half the picture.

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Trademark Copyright Cease and Desist Copying 279

Intellectual Property Law Blog

JANUARY 11, 2023

Understanding Mask Work Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Compendium: Chapter 1200, sections 1201-1202.

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Registration Designs Design Copying 130

Plagiarism Today

NOVEMBER 16, 2022

1: Ninth Circuit Affirms Validity of Unicolors’ Copyright Registration on Remand, But H&M Scores Big on Remittitur Calculations. The lawsuit was filed by Unicolors, which accused H&M of infringing a 2011 design that they created as part of a 2015 one H&M sold in their stores and online.

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Registration Designs Design Copyright 246

SpicyIP

MARCH 27, 2023

Image from here On March 14, 2023, in Sirona Hygiene Private Limited Vs Amazon Seller Services Private Ltd , the Delhi High Court provided three interesting points on the issue of design infringement and piracy, in the context of an equally interesting fact scenario!

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Designs Design Registration Art 119

JD Supra Law

MARCH 12, 2025

Summary Trade dress is a powerful intellectual property (IP) tool that can be used to protect the distinctive non-functional look and feel" of a products design, shape and/or 3D configuration.[1]

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Registration Intellectual Property Designs Design 68

Intellectual Property Law Blog

JANUARY 11, 2023

In analogizing semiconductor chips to traditional areas of copyright law, the legislative history notes that, just as a plagiarist who copies only one chapter of a book may be held liable for infringement, a person may be liable for copying a part of a mask work if it is a qualitatively important portion that results in substantial similarity.

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Designs Design Copying Copyright Law 189

IIPRD

MARCH 13, 2025

With so many IPs available trademarks, patents, copyrights, and more – how can you choose the right one for your work, product, or business? All the creations of the human minds such as designs, inventions, artistic works, names, symbols, etc. These are governed by the Copyright Act, 1957.

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Intellectual Property Registration Designs Design 83

IP and Legal Filings

SEPTEMBER 20, 2023

Introduction An artist’s ideas, be it for a renowned painting, sculpture, novel, technological design, jewelryor fashion are his own. However, many a times, we witness these designs being copied or recreated. A copyright protection is the ability of a designer to protect his original designs through the copyright laws.

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Designs Design Copyright Copyright Infringement 105

Biswajit Sarkar Copyright Blog

OCTOBER 4, 2023

With a great sense of pride, we announce that the Indian Navy has introduced a new design for a mask to be used in their course of action. This particular mask design falls under class 29-02 which covers devices and equipment against fire hazards, accidents and rescues. The design number is 360313-00.

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Registration Designs Design Journalism 98

Copyright Lately

OCTOBER 20, 2024

million in copyright damages against Skiplagged—but the website’s business model remains largely unaffected. Yes, there was a copyright infringement claim in the mix, based on Skiplagged’s use of American’s “flight symbol” logo. This left the copyright claim over the unauthorized use of American’s flight symbol logo.

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Copyright Fair Use Social Media Business 88

IP Watchdog

FEBRUARY 23, 2023

Copyright Office (USCO) this week finalized its refusal to uphold, in part, a registration it issued to Kristina Kashtanova for a graphic novel that contained generative artwork and human story and design elements.

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Copyright Artwork Registration Designs 145

IPilogue

APRIL 14, 2022

They held that an inadvertent mistake of law in a copyright registration application does not automatically nullify the application. . a fabric and design company in Los Angeles, owns copyrights in various fabric designs. copyright registration processes. Unicolors, Inc., In a 6-3 decision, the U.S.

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Registration Copyright Law Copyright Infringement 105

Patently-O

FEBRUARY 3, 2023

The Trademark Examining Attorney had refused registration on “failure-to-function” — concluding that the phrase was a commonplace expression used to express a well-recognized sentiment. Unlike patents and copyrights, trademark law is not designed to reward the creative endeavor of invention or authorship.

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Registration Trademark Social Media Designs 128

IP and Legal Filings

APRIL 24, 2023

The Designs Act, 2000 (“the Act”), is a complete code in itself and protection under it is totally statutory in nature. It protects the visual design of objects that are not purely utilitarian. Designs are registered in different classes as per the Locarno Agreement. These classes are mainly function oriented.

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Designs Design Registration Law 97

SpicyIP

JUNE 26, 2022

The Finished Article: Essays on Indian Designs Law. I am delighted to take this opportunity to share with the SpicyIP community the release of my book, The Finished Article: Essays on Indian Designs Law (Thomson Reuters, 2022, ISBN-13: 978-9393702173). Eashan Ghosh. Both have historically been the site of some confusion.

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Designs Design Law Intellectual Property 133

The IPKat

NOVEMBER 30, 2022

On November 29, 2022, the European Commission published the long-awaited proposals for a revised Regulation and revised Directive on designs. New definitions for “design” and “product” (Art. 3 Draft Regulation) Draft Directive and Draft Regulation suggest a new definition for “design” and “product”, respectively.

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Designs Design Publishing Art 135

The IPKat

SEPTEMBER 27, 2022

EUIPO also announced that, so far, the Office has registered the following applications related to NFTs and the metaverse: In this context, EUIPO held the webinar “ Trade marks and designs in the metaverse: legal aspects/EUIPO practice ” some days ago. Challenges involving designs in the metaverse were also addressed. see here ).

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Designs Design Non-Fungible Tokens Editing 144

Kluwer Copyright Blog

FEBRUARY 2, 2023

This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. Very few jurisdictions expressly provide for copyright in computer-generated works.

Copyright 145

Copyright Art Registration Fair Use 145

Technology & Marketing Law Blog

MARCH 7, 2022

Supreme Court held 6-3 that the Ninth Circuit erred in invalidating a copyright registration for failure to comply with the Copyright Office’s “single unit of publication” regulation, where the copyright owner had knowledge of the facts but arguably misunderstood the legal standard. Unicolors, Inc. b)(4)(i)(A) (2011).

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Registration Blogging Copyright Designs 98

IP and Legal Filings

MAY 18, 2023

Introduction The Plaintiff asserted that its hipster whiskey bottle design, which was inspired by the shape of a smartphone and intended to fit into a hip pocket, was novel due to its rectangular shape, smooth rounded shoulders, V-shaped neck, rimmed rounded cap, and dimpled bottom.

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Designs Design Art Trademark Law 98

Technology & Marketing Law Blog

NOVEMBER 21, 2021

Though it might surprise you, copyright can protect individual emoji depictions. However, determining when they are copyrightable is a subtle art. This summer, the Copyright Review Board issued an interesting decision about the registrability of emojis. Note: you may not have heard of the Copyright Review Board before.

Copyright 126

Copyright Registration Fair Use Designs 126

IP and Legal Filings

JUNE 8, 2022

The Designs Act is an act that protects one of the most significant Intellectual Property Rights of a person. Therefore, many acts govern several IPRs one of which includes the Designs Act,2000. Therefore, many acts govern several IPRs one of which includes the Designs Act,2000. The Designs Act, 2000 is one such act.

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Designs Design Registration Intellectual Property 98

The Illusion of More

MARCH 20, 2023

Copyright Office rejected the registration application filed by Stephen Thaler for a visual work entitled “A Recent Entrance to Paradise.” Last February, the U.S.

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Copyright Registration Designs Design 121

TorrentFreak

NOVEMBER 30, 2023

That included those whose names appeared in public WHOIS databases as registrants or owners of domains. Anyone can make a request, via the system, for certain non-public domain registration data. From: TF , for the latest news on copyright battles, piracy and more.

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Registration Public Domain Privacy Intellectual Property 123

The TTABlog

JANUARY 28, 2025

As to appearance, "the marks share the letters PBE, but otherwise bear little or no resemblance to one another, even assuming that Applicants mark is depicted in the pink, white, and gray colors shown and claimed in the cited registration." Text Copyright John L. Welch 2025.

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Marketing Marketing Designs Design 45

The IPKat

FEBRUARY 17, 2022

Can a work entirely created by a machine be protected by copyright? Registration was sought as a work-for-hire to the owner of the Creativity Machine. In 2019, the Copyright Office rejected the application, holding that human authorship is necessary to support a copyright claim.

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Copyright Artistic Work Copyright Law Contracts 145

Intellectual Property Law Blog

JANUARY 11, 2023

In Brooktree, the court stated that “If the copied portion [of the mask work] is qualitatively important, the finder of fact may properly find substantial similarity under copyright law and the Semiconductor Chip Protection Act,” even if other portions of the chip were not copied. 17 U.S.C.A. §

Designs 130

Designs Design Copying Copyright Law 130

Technology & Marketing Law Blog

JUNE 6, 2022

The Copyright Office has completed its initial rulemaking for the new copyright “small claims” court called the “Copyright Claims Board” (the CCB). The CCB is intended to provide a quicker and cheaper venue for small-scale copyright disputes. Key Design Features of the CCB.

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Copyright Registration Settlement Law 142

The IPKat

JULY 27, 2021

Long time readers of the IPKat may remember a while back, when the Academy logo (featuring the Oscar statue silhouette) was denied copyright registration. An earlier version of the Golden Globe statuette In January 2019, the Work was denied registration on the basis that it lacked the authorship necessary to support a copyright claim.

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Derivative Work Copyright Registration Designs 123

Kluwer Copyright Blog

OCTOBER 3, 2022

Welcome to the third trimester of the 2022 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. WIPO, Agreement on diplomatic conference on Design Law Treaty. The copyright in these two titles expired at the beginning of 2021. Stay tuned! by Edward J.

Copyright Law 119

Copyright Law Copyright Law Music 119

JD Supra Law

AUGUST 3, 2023

Your products and product designs are the life blood of your business. However, many companies don’t think about protecting their creative product designs, and product packaging with intellectual property registrations.

Designs 98

Designs Design Intellectual Property Blogging 98

SpicyIP

JANUARY 20, 2025

In a recent order, a Mumbai Magistrate Court acquitted an accused in a copyright infringement case after 37 years! The significant delay in this case – almost 4 decades – raises several questions on the justifiability of criminal prosecution for copyright infringers combined with the burden of an overburdened judiciary.

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Registering Trademarks Trademark Registration IP 102

IIPRD

MARCH 5, 2025

However, this gives a grand legal question: who has the right to copyright AI-created works? Upon independent and less human intervention by a machine in making the work, one expects a built-in gap in the legal design. This has to do with the application of copyright to works made through AI. Copyright Office.

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Copyright Intellectual Property Copyright Law Artwork 52

BYU Copyright Blog

MARCH 24, 2025

Since that post, JCU filed an Answer to the complaint alleging that JCU retains the copyright for the grant application under the Work for Hire doctrine, as Weisblat was an employee of JCU at the time of writing the application. Given both of those facts, the Motion to Dismiss was denied.

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Settlement Registration Copying Copyright 52

Intepat

MARCH 13, 2025

Architectural designs came to be recognised as a form of intellectual property capable of protection after the 1908 Amendment to the Berne Convention, 1886. This inclusion was crucial in recognising and protecting the rights of architects over their architectural designs and works.

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IP Designs Design Artistic Work 52