The TTABlog

MAY 2, 2024

The Trademark Reporter has published its "Annual Review of European Trademark Law," with contributions from an impressive roster of authors from across Europe. Text Copyright John L. The volume may be downloaded here. 2 (March-April 2024). Read comments and post your comment here. Welch 2023.

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Technology & Marketing Law Blog

MARCH 6, 2024

A magistrate judge recommended dismissing Tomelleri’s copyright claims. He ultimately summarizes: “District court decisions within the Sixth Circuit have held that plaintiffs must show the defendant ‘intentionally and knowingly’ copied the copyrighted work.” The supervising judge agrees.

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JD Supra Law

MARCH 4, 2025

With the rise of generative artificial intelligence (GenAI), many are wondering how it will affect intellectual property law. While much has been written on the subject of copyright law and the numerous gray areas that will need to be addressed by the U.S.

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The TTABlog

APRIL 28, 2023

The Trademark Reporter has issued its Annual Review of European Trademark Law, presented by Tom Scourfield of the UK, with contributions by an impressive roster of authors from across Europe. TTABlog comment: Once again, I thank The Trademark Reporter for allowing me to provide this issue to you all. Welch 2023.

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The IPKat

FEBRUARY 14, 2025

Best Patent Book Terrell on the Law of Patents, 20th edition Sweet & Maxwell by Andrew Waugh KC, Douglas Campbell KC, Tim Austen, Tom Hinchliffe KC, Tom Mitcheson KC (reviewed by The IPKat here ) Best Copyright Book The Routledge Companion to Copyright and Creativity in the 21st Century Routledge eds.

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IP Tech Blog

MAY 15, 2023

Enter copyright. It appears that the beat and lyrics (sung with an AI trained on Drake) were original to Ghostwriter977, but the songwriter inadvertently left in a small snippet of copyrighted music belonging to UMG in the form of a “producer tag.” What has Ghostwriter977/AI actually infringed and, moreover, is AI art copyrightable?

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TorrentFreak

JUNE 26, 2024

Another thing they have in common is copyright complaints. Unsurprisingly, copyright issues have also thrust TikTok into unfavorable light, with numerous rightsholders arguing that the social media platform could do much more to protect artists’ rights. . Not all of these notices achieved what their senders intended, however.

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IP and Legal Filings

JANUARY 27, 2025

However, the information used for the purpose of training AI models belongs to third parties and, therefore, can be copyrighted or protected by patents. In case the data is protected by copyrights, such actions may violate the copyright owners exclusive rights.

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Kashishipr

SEPTEMBER 20, 2021

The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High Court, alleging Copyright and Trademark Infringement. Under Section 2(c) of The Copyright Act of 1957 , the label is an original artistic work. When SSPL was incorporated in 2004, SK Oil Industries had assigned it the label’s copyright.

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SpicyIP

MARCH 10, 2023

Through an examination of ChatGPT’s ‘Terms of Use’, our former blogger Varsha Jhavar attempts to investigate the copyright implications of the chatbot inter alia touching upon the issue of ownership and assignment of the output generated. 17 of the Copyright Act, 1957 (the Act). But under Sec.

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Intepat

APRIL 25, 2025

These disputes revolve around issues of copyright infringement, trademark violations, and ownership of digital assets, presenting novel challenges to intellectual property (IP) law. Trademark Violations and Brand Identity Trademark violations have emerged as a significant legal challenge within NFT-based fashion disputes.

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The IP Law Blog

JANUARY 19, 2023

It’s always good to start off the year with an overview of trademark and copyright cases to watch. In short, the matter at issue will address when a work is sufficiently transformative to qualify for fair use protection under the Copyright Act. We’ll start with Andy Warhol Foundation v. Finally, we have Green v.

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The Illusion of More

FEBRUARY 13, 2025

That title riffs on the term of art in trademark law known as likelihood of confusion.

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IIPRD

JANUARY 7, 2025

COPYRIGHTS AI programs can create creative and literary works on their own. This ability of AI has raised a lot of concerns pertinent to copyrights, as copyright is linked to the creativity of humanity and aims to protect, promote, and ultimately acknowledge such creativity. 14] What responsibilities have arisen?

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SpicyIP

MARCH 20, 2023

Bharat is a fourth-year student at the National Law School of India University, Bengaluru. IP Financing in India – Part I: Perfection of Security and (Non) Registration of Copyright Bharat Harne Image from here The 161 st Report of Rajya Sabha Parliamentary Committee on Intellectual Property observed (paragraph 11.1)

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Likelihood of Confusion

APRIL 19, 2025

We’ve blogged before and even taken to the airwaves to discuss the political abuse of YouTube’s terms of use, the copyright laws and the trademark laws. Republished by Blog Post PromoterYouTube is at it again, or something.

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The IPKat

MARCH 4, 2025

St Atilla discussed the EUIPO's decision to uphold the trademark protection for "KIM KARDASHIAN," highlighting the importance of reputation in trademark law. Copyright and Design Law Alessandro Cerri detailed a decision by a Delaware court where the fair use defense was successfully applied in a copyright infringement case.

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SpicyIP

NOVEMBER 18, 2024

Thou Shalt not Register Your Trade Union with a Name in the Likeness of My Trademark Reportedly, Samsung India is opposing the use of ‘Samsung’ in an application to register the trade union of it’s workers. Here is a quick SpicyIP tidbit on the recent copyright dispute concerning the event. Case Summaries M/S.

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SpicyIP

FEBRUARY 4, 2025

She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Concluding Remarks The instant case has shed light on several aspects of trademark law, ranging from the application of the passing off test and use of house marks, to the relevance of the first to use system.

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Copyright Lately

JUNE 6, 2022

Musician Andy “Vince Vance” Stone claims that Mariah Carey’s classic “All I Want for Christmas is You” infringes the copyright in his own song of the same name. Cue the Copyright Lawsuit. As copyright infringement complaints go, this one is most notable for what it doesn’t include.

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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.

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WIPO Magazine

DECEMBER 17, 2020

The economics of overlapping rights" explores how comic characters are protected under both copyright law and trademark law and what this means in economic and policy terms. A recent WIPO study, "Batman forever?

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JIPEL Copyright Blog

DECEMBER 15, 2021

While these cases exemplify the tension between different brands and their trademarks, they also allude to the growing misalignment between the luxury fashion industry and trademark law. Brands like Tide, Sharpie, and Nintendo sell at a premium because customers trust that they’re getting high quality products.

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Intepat

MARCH 13, 2025

In India, the protection of architectural designs falls under three main categories of the Indian IP regime, namely copyrights, designs and trademarks. However, the bar to secure copyright protection over an architectural design is very high. However, unlike copyright which recognizes even building plans, layout drawings, etc.,

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Technology & Marketing Law Blog

MARCH 8, 2022

academics with expertise in trademark law. The SHOP SAFE Act represents one of the most significant proposed reforms of trademark law that Congress has contemplated in years, and it will likely reshape e-commerce in unwanted ways. The SHOP SAFE Act would do this by fundamentally changing trademark law.

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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. Factual and Procedural Background. 3d at 1198.

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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. In Parle v.

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Kashishipr

AUGUST 25, 2021

A critical issue to be addressed is whether these limited-edition products can get protection under Intellectual Property (IP) law, just as regular products do, and if yes, then which is the most appropriate form of IP Protection ? Protection for Limited Edition Products under Trademark Law. In essence: ‘use it or lose it.’

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IPilogue

OCTOBER 28, 2021

Copyright Creeping into Costumes. In general, any clothing, including costumes, is not protected by copyright laws. In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. Copyright Office.

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SpicyIP

AUGUST 27, 2021

This is achieved by understanding the parallels between publicity right and trademark law. Further, the application of a publicity right requires checks and balances which is explained through exceptions derived from copyright law.

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43(B)log

JUNE 24, 2022

Opposite of the way that Copyright Office has been refusing registration for certain logos. Ornamentality might be able to draw some ideas from scenes a faire in copyright. Jennifer Davis: After the Directive harmonizing TMs, all the law is what a TM isn’t and we have no positive definition of what a TM is.

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Patently-O

JULY 19, 2023

have long been a mix of state common law rights and federal statutory rights. Patents and copyrights were established in the Constitution and enacted by the First Congress in 1790. With trademark law, the federal right has been around since 1870 and today occupies most of the space. What do you think?

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SpicyIP

SEPTEMBER 16, 2024

The 37-page judgment is a well-written analysis of some rather intriguing aspects of trademark law, and this post will analyse the observations of the SB and anticipate how far the DHC has deviated from its decisions in similar matters brought to it previously. A Lot is a Name! In Krishika Lulla v. In Krishika Lulla v.

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Patently-O

FEBRUARY 3, 2023

Unlike patents and copyrights, trademark law is not designed to reward the creative endeavor of invention or authorship. Rather, trademark is designed as a consume-protection and market-function tool and so focuses on consumer perception. On appeal, the TTAB reversed the refusal.

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IP and Legal Filings

SEPTEMBER 17, 2021

Copyrights play a pivotal role in the fashion industry as well. Under the copyright act in India, an artist may protect an “original artistic work” if it is expressed in a tangible medium for over 60 years. With the introduction of technologies such as 3D printing or laser printing, patent laws have entered the fashion industry.

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The IPKat

JULY 22, 2021

Katfriend Dr Sabine Jacques , Associate Professor in IP, IT & Media law at the University of East Anglia and author of The Parody Exception in Copyright Law (OUP 2019), provides the follow review of The Copyright/Trademark Interface: How the Expansion of Trademark Protection is Stifling Cultural Creativity – by Martin Senftleben.

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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. Conclusion.

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