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 ).

Designs 144

Designs Design Non-Fungible Tokens Editing 144

Patently-O

JULY 30, 2021

A potentially important product design trademark case is pending before the U.S. Glico sued for trademark infringement, asserting Glico’s trademark rights in the product design of chocolate-covered elongated rod biscuits. The district court found that the design is functional and therefore not protectable by trademark.

Designs 133

Designs Design Trademark Patent 133

Plagiarism Today

AUGUST 10, 2022

The reason for this is simple, the systems for organizing, registering and enforcing copyrights were, by in large, designed for large copyright holders. Though the process sounds long and arduous, the forms RightsClick uses are well-designed and use easy-to-understand language. However, one company is hoping to change that.

Copyright 348

Copyright Cease and Desist Registration Designs 348

JD Supra Law

AUGUST 12, 2024

Until now, case law has defined an “article of manufacture” solely for purposes of damages in design patent infringement actions. The federal court’s decision to reject this position has now harmonized the definition of an article of manufacture across multiple statutes.

Design Patent 107

Design Patent Designs Design Patent 107

IP Watchdog

MARCH 28, 2022

The bill is designed to address shortcomings with some of the statutory provisions of the Digital Millennium Copyright Act (DMCA) which have failed to incentivize the development of new technical measures for preventing copyright infringement online the way that Congress originally envisioned when passing the DMCA in 1998.

Copyright 98

Copyright Designs Design Copyright Infringement 98

The IPKat

FEBRUARY 26, 2023

In a recent decision, the Third Board of Appeal (BoA) of the EUIPO found that a design for heated socks, pictured to the lower right, is not necessarily functional (case R 878/2022-3 ). Background Design owner, Lenz, sells products known as “ heated socks ”. In 2012, Lenz registered the Community design, shown to the right.

Designs 129

Designs Design Art Litigation 129

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.

Designs 97

Designs Design Registration Law 97

IP and Legal Filings

DECEMBER 16, 2024

However, proving that the design is distinctive enough to be protected and does not serve a functional purpose remains problematic. This protection allows the brand to safeguard its visual identity, as well as stop other businesses from using their designs’ look and feel, maintaining exclusivity and value of designs.

Branding 98

Branding Brands Branding Designs 98

The IPKat

NOVEMBER 25, 2024

Designs Anastasiia Kyrylenko discussed the EU design reform, Regulation (EU) 2024/2822 , and Directive (EU) 2024/2823. The recent reform includes updated definitions for terms such as "design" and "product." Do not forget to check our Kat’s post for a detailed review of the updated articles and key points.

Design 69

Design Designs Art Registration 69

Patently-O

JUNE 20, 2022

Companies associated with William Grecia have filed over a dozen cases alleging infringement of design patents for “animated graphical user interfaces.” D930,702 , was issued in 2021 and claims a “design for a display screen portion with animated graphical user interface.” A judge in one of those cases, Wepay v. 3 through 5.

Design Patent 98

Design Patent Designs Design Patent 98

Plagiarism Today

JANUARY 12, 2022

1: LEGO is Being Sued for Copyright Infringement Over Leather Jacket Design. First off today, The Fashion Law reports that LEGO is facing a lawsuit from artist James Concannon following the inclusion of a jacket similar to one that he designed as part of a recent LEGO set. According to Concannon, he designed the jacked in 2018.

Cease and Desist 244

Cease and Desist Licensing Television Designs 244

Traverse Legal Blog

NOVEMBER 25, 2024

Even in situations where a business owner contracts a third-party web designer to build their website, both the business and the web designer can be held liable for copyrights violated if they are used on your website. If the use of a copyrighted photo is related to commercial purposes, it is almost certain you have infringed.

Copyright Infringement 98

Copyright Infringement Copyright Web Design Fair Use 98

IP and Legal Filings

JANUARY 27, 2025

Key Challenges in AI and IPR: Ambiguity in Legal Definitions: The various steps carried out in the training processes of AI do not conform to legal categories of reproduction, use or making. For instance, if an AI produces art or designs most similar to other copyrighted art or designs, Equivalence by an AI leads to infringement.

Intellectual Property 101

Intellectual Property Designs Design Licensing 101

IIPRD

JANUARY 7, 2025

A human inventor serves as the central figure in the design of the patent system. 9] Determining the “field of endeavor in which the inventors were working” is crucial, and it’s best to avoid “both unduly wide and unduly restrictive definitions” because they may lead to problems.

IP 98

IP Intellectual Property Invention Inventor 98

TorrentFreak

NOVEMBER 24, 2024

Unfortunately that logical example fails to help here due to a confusing clash of definitions in the study. The definition of ‘Fraudulent Piracy Site’ on page 10 of the study is followed by another definition of the same term on page 18.

Reporting 113

Reporting Business Music Advertising 113

Plagiarism Today

JANUARY 3, 2022

While there are far too many for any single list, here are 5 copyright stories that you should definitely watch in 2022. Several such cases are going on right now and, though we likely won’t see a definitive answer in 2022, it’s going to be a copyright story to watch. 1: The Copyright Small Claims Court.

Copyright 279

Copyright Public Domain Registration Social Media 279

Plagiarism Today

SEPTEMBER 14, 2021

To help with this, many web designers, especially those that are new to it, get help in the form of themes or stock templates that can be obtained from a variety of sites. Many times, designers choose images or text based upon how it looks or reads, not whether they have permission to use it.

Licensing 317

Licensing Plagiarism Web Design Web Development 317

Plagiarism Today

NOVEMBER 22, 2022

Have a Designated Agent to Receive Notices of Copyright Infringement. Unfortunately, designating a DMCA agent is not as simple as posting an email address on your site. If you don’t want your personal information in the database, you can use a third party designated agent, such as myself at CopyByte , to handle the process for you.

Copyright 306

Copyright Social Media Designs Design 306

Technology & Marketing Law Blog

SEPTEMBER 7, 2022

Can the existing UK Age-Appropriate Design Code tell us anything about what AB 2273 might look like in practice? The bill’s winners are few and far between, and definitely not the constituents that the California legislature should be trying to help. I did a media interview regarding AB 2273 that I thought was worth sharing here.

Designs 111

Designs Design Privacy Business 111

Technology & Marketing Law Blog

OCTOBER 16, 2023

We’ve seen a flood of terrible Internet laws in the past few years, including the California Age-Appropriate Design Code (AADC). Because the AADC adopts the same definition of “business” as the CCPA/CPRA, this ruling highlights that any speech restrictions in those laws remain vulnerable to a constitutional attack. Kuklinski v.

Designs 109

Designs Design Privacy Business 109

Plagiarism Today

SEPTEMBER 21, 2021

Graphic design is credited to award-winning graphic designer Jeremy Samples, so it's disappointing they would copy instead of producing original artwork. The graphic design credit for the show is Jeremy Samples, someone St. Onge identifies as an award-winning graphic designer.

Plagiarism 246

Plagiarism Graphic Design Copying Artwork 246

Plagiarism Today

MARCH 21, 2022

Among that criteria is that they designate a DMCA agent to receive notices of copyright infringement and then work to remove or disable access to any works they are notified about. Second, the original definition of an STM was so narrow that none have been identified since the law passed 20+ years ago.

Copyright 306

Copyright Technology Copyright Infringement Plagiarism 306

IP Watchdog

AUGUST 4, 2021

Court of Appeals for the Third Circuit regarding the definition of “functionality” in trademark law. At issue in the appeal is a ruling from the U.S.

Trademark 116

Trademark Trademark Law Designs Design 116

IP Watchdog

APRIL 12, 2023

This means that the Unified Patent Court (UPC) will definitely go live on June 1, 2023. Whereas Part 1 focused on the designated UPC judges, this Part 2 will deal with the timelines that govern the proceedings before the UPC. On February 17, 2023, Germany ratified the Agreement on the Unified Patent Court.

Patent 122

Patent Government Designs Design 122

The IPKat

MARCH 16, 2023

At the round table, the speakers discussed the upcoming legal reform, the definition of “evocation”, as well as the conflict between GIs and collective marks. This same definition is suggested in the Proposal for EU GI reform. 1(3) Design Regulation. 80-81 Design Regulation. Following Art.

Art 130

Art Designs Design Litigation 130

Kluwer Copyright Blog

OCTOBER 9, 2024

11413/2024) in a case concerning the protection by copyright of a lamp design. Part II will now turn to the compatibility of the approach adopted by the Italian courts to the cumulation of design and copyright protection for works of industrial design and applied art (WAA) with the existing case law of the CJEU in the area.

Designs 75

Designs Design Law Copyright 75

Kluwer Copyright Blog

FEBRUARY 8, 2024

This choice may be influenced by the design of the product, the cost of repair or available repairers. One of these measures is the proposal to amend the Design Directive by including a specific repair clause for design protection. Design rights provide protection to the appearance of a (part of a) product.

Designs 78

Designs Design IP Art 78

Intellectual Property Law Blog

AUGUST 30, 2021

Output post-processing: converting predictions to probabilities when definitiveness is harmful. (2) Some examples include specially designed hardware to improve training efficiency by working with GPU/TPU/NPU/xPU (e.g., 2) Application (Inferencing) phase. 4) Robustness, safety, reliability, and data privacy of AI models.

Invention 242

Invention Patent Privacy Inventor 242

Plagiarism Today

DECEMBER 6, 2021

Have a designated agent to receive notices of copyright infringement. While it is impossible to predict where a case is going to go or what the outcome will be, this is definitely one to watch whether you’re interested in the DMCA, improving academic integrity or just how the law impacts the internet as a whole. Copyright Office.

Publishing 317

Publishing Copyright Infringement Copyright Trademark 317

Michael Geist

OCTOBER 23, 2023

Instead, its submission indicates that wants all broadcasters (which given the law would include the CBC) to get an even bigger portion of the potential Bill C-18 revenues by expanding the definition of “journalist” to include everyone from sound and video engineers to researchers and fact checkers.

Social Media 145

Social Media Editing Government Law 145

The IPKat

OCTOBER 14, 2024

Market definition and particularities of the markets for copyright management and licensing Before analysing SGAE’s market dominance and a potential or actual abuse of such dominance, it is important to highlight some particular features of the market for copyright management and licensing services. 102 of the TFEU. 164, implementing Art.

Contracts 64

Contracts Music Licensing Art 64

Kluwer Copyright Blog

NOVEMBER 5, 2024

At the EU level, there is no definition of a computer program. The Computer Programs Directive protects “ preparatory design work leading to the development of a computer program provided that the nature of the preparatory work is such that a computer program can result from it at a later stage ” (recital 7).

Copyright 72

Copyright Designs Design Copyright Law 72

Plagiarism Today

AUGUST 9, 2022

To that end, I took my two most recent full articles on the site, the one about Activision plagiarizing an upcoming character’s design and the challenges of determining podcast plagiarism. But it’s difficult to see how this could serve as definitive proof of ghostwriting or contact cheating without additional information. Bottom Line.

Plagiarism 264

Plagiarism Contracts Publishing Reporting 264

TorrentFreak

AUGUST 10, 2021

“Contrary to Defendants’ allegations, Yout’s software platform is not designed to descramble, decrypt, avoid, bypass, remove, deactivate, or impair the YouTube rolling cipher technology,” Yout’s complaint read. RIAA’s Motion to Dismiss, Yout’s Response. RIAA’s Motion to Dismiss, Yout’s Response.

Technology 142

Technology Copyright Copyright Law Designs 142

JD Supra Law

MAY 31, 2024

A new development in the Castelbajac case, which pits the designer with the eponymous name against the company PMJC, concerning the application for revocation of the trademarks assigned to the latter by the designer. In a ruling dated 28 February 2024 (Cass. In a ruling dated 28 February 2024 (Cass.

Trademark 75

Trademark Designs Design 75

Michael Geist

DECEMBER 13, 2022

designed to scope out user content from CRTC regulation, consistent with the government’s stated intent. an advertisement or announcement on behalf of an advertiser that is designed to resemble journalistic programming”) . Harmonized definition of “decision” with Telecommunications Act.

Government 120

Government Advertising Advertising Reporting 120

SpicyIP

FEBRUARY 21, 2024

This issue arose out of the absence of a clear definition of ‘High Court’ post the Tribunal Reforms Act, 2021 (‘TRA’) which abolished the IPAB and returned the powers to the High Courts. Gian Chand Jain was dealing with a similar issue since in the Design Act, 1911, the Act didn’t define which High Court would have jurisdiction.

Trademark 105

Trademark Intellectual Property Design Designs 105