LexBlog IP

APRIL 24, 2023

Combine that “mastermind/dominant” author doctrine with the run of cases discussing ownership of software outputs (i.e., Copyright Office (the Office) when it comes to copyright ownership of artificial intelligence (AI) output. The Office has answered that question with a resounding “maybe.” Merkin , 791 F.3d

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Ownership Copyright Registration Public Domain 64

IIPRD

JANUARY 7, 2025

Inventorship and Ownership: The process of invention has changed significantly as a result of the AI technologies’ quick development and increased computing capacity. A human inventor serves as the central figure in the design of the patent system. Design rights are meant to safeguard a product’s appearance.

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IP Intellectual Property Invention Inventor 91

The IPKat

JULY 17, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams , PhD researcher in the fields of copyright and dispute system design at the University of Antwerp, regarding copyright ownership of Nigeria’s re-adopted national anthem. Is the national anthem in the public domain?

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Copyright Public Domain Government Ownership 119

SpicyIP

AUGUST 9, 2021

In this post, I will be analysing the recommendations pertaining to the amendment of patent laws in order to facilitate inventorship and ownership by AI. Recommendations vis-à-vis Inventorship and Ownership. Granting AI inventorship and ownership, is not as simple as amending a few provisions in the patent law.

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Inventor Invention IP Ownership 122

Intepat

SEPTEMBER 15, 2023

This burgeoning genre is not only pushing the boundaries of artistic expression but also challenging the established norms of copyright ownership. This blog post embarks on a comprehensive journey to unravel the complex issue of copyright ownership in AI-generated art. Copyright laws are designed to safeguard the rights of creators.

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Art Copyright Ownership Artwork 105

SpicyIP

AUGUST 23, 2024

The Controller of Patents & Designs , rejected a patent application for a lamp based on Panchagavya (cow milk, cow ghee, cow butter, cow curd, cow dung and cow urine) citing that it was barred by Section 3(p) of the Indian Patents Act, 1970 (“the Act”) for being traditional knowledge (“TK”). The Court observed that the object of S.3(p)

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Patent Invention Patent Application Art 105

The TTABlog

JUNE 28, 2022

Kretet also pointed to its ownership of a registration for a similar mark for non-medicated skin serums, but the Board was unimpressed. Examining Attorney Julie Choe submitted dictionary definitions of "cosmetics" as well as a definition provided by the U.S. The Board concluded that Krete's goods fell within those definitions.

Designs 45

Designs Design Registration Ownership 45

The IPKat

MARCH 14, 2024

The IPKat has received and is pleased to host the following guest contribution by Nkem Itanyi (University of Nigeria) on a recent dispute over copyright ownership of the movie, Shanty Town which premiered on Netflix in January 2023 and discussions over a sequel to the movie. They both signed off as the executive producers of the movie.

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Copyright Cease and Desist Ownership Registration 78

Technology & Marketing Law Blog

MAY 30, 2023

Accordingly, the court preliminarily enjoins the Owocs from posting to the accounts until ownership is definitively adjudicated. You can see how social media account ownership issues are intractable when companies embrace “cults of personality” around a charismatic entrepreneur. That May Be a Problem–La Baguette v.

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Social Media Ownership Marketing Marketing 98

IPilogue

DECEMBER 16, 2021

In addition to registrations for the word Gucci, the brand has several design marks such as its renowned interlocking double Gs. Since the movie’s purpose is to detail Gucci’s ownership of the brand, there is little possibility that audiences would get confused as to who owns the ‘House of Gucci.’

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LexBlog IP

DECEMBER 26, 2023

used in those generated logos retain the ownership to that original art and do not give you a license to use it exclusively. usually you won’t be given the rights needed to have ownership or apply for registration, but even if you are, your logo could still be refused copyright and trademark registration for other reasons.

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Designs Design Trademark Copyright 52

43(B)log

MAY 19, 2023

Roblox sued for copyright infringement, false advertising, trademark infringement, false association and false designation of origin, trade dress infringement, intentional interference with contractual relations, breach of contract, and false advertising and unfair competition under California law.

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Copying False Advertising Social Media Advertising 94

IP Tech Blog

JANUARY 3, 2024

The grounds for the court’s decision was the definition of “inventor” under the Patents Act 1977 (the Act ) which requires the inventor of a patent to be a natural person. As such, in terms of predictions for the coming year, the commencement of consultations on changes to the UK patent system in light of AI feels like a safe bet.

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Patent Application Inventor Patent Invention 62

43(B)log

DECEMBER 6, 2023

If the agreement was terminated before payment, the contract provided “all rights of ownership in the concept, design, and Work itself” to Williams, but didn’t reserve those rights if it was completed and paid for. This omission is telling.” Thus, VARA’s attribution right did not apply to the commercial.

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Ownership Contracts Copyright Registration 69

SpicyIP

MAY 18, 2022

The definition of these terms is unclear. For example, foreign direct investment related rules use this term in the definition of ‘ E-commerce’ – buying and selling of goods and services including digital products over digital & electronic network.

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Non-Fungible Tokens Trademark Artwork Art 122

IP and Legal Filings

JANUARY 24, 2023

Even though no legal definition has been ascribed to the term as of yet, but broadly it is perceived as the ability of the machines to perform work which require human intelligence. [1] Hence, the trainer also has strong claims for ownership of AI. [10] The term artificial intelligence was coined by McCarthy in the year 1956.

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Copyright Ownership Artistic Work Intellectual Property 97

TorrentFreak

FEBRUARY 28, 2024

While not necessarily true, the most common answer is: yes, emulators are completely legal but distributing the games (ROMs) is most definitely not, so don’t request them here. It’s not uncommon for people to wander into some corner of the overall emulation scene with a specific question: Are emulators legal?

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Copying Technology Designs Design 124

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.

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Branding Branding Brands Design 72

Copyright Lately

AUGUST 10, 2021

Last year, I wrote about an epic copyright battle between the Philadelphia Phillies and the original creators of the Phillie Phanatic over ownership rights in the beloved baseball mascot. H/E), a creative design firm, which in 1984 assigned the copyright in the mascot for a term of “forever.” But questions still remain.

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Derivative Work Copyright Settlement Reporting 97

Technology & Marketing Law Blog

DECEMBER 12, 2021

These “bad design” arguments to work around 230 have been rejected repeatedly. After some unspecified number of trades, the gun ends up in Legghette’s hands, even though he was barred from gun ownership due to prior convictions. ” Section 230. .” The court obviously wanted to undercut Section 230.

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Copyright Infringement Publishing Designs Design 138

IP and Legal Filings

DECEMBER 20, 2024

The Trademark’s Function Under Branding The most basic of all definitions of a trademark may be termed as a sign of identification and is generally by a word, spelling, logo, slogan, or design, which can use an identifying and differentiating goods or services from one person or entity as opposed to another.

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Social Media Trademark Branding Branding 81

LexBlog IP

JANUARY 3, 2024

The grounds for the court’s decision was the definition of “inventor” under the Patents Act 1977 (the Act ) which requires the inventor of a patent to be a natural person.

Patent Application 52

Patent Application Inventor Patent Invention 52

43(B)log

JULY 20, 2022

CC has a recent trademark registration for a design mark “consist[ing] of the stylized wording ‘COLOR COPPER.COM”, [with] a diamond shape between the wording ‘COLOR’ and ‘COPPER’ made up of four smaller diamonds, each diamond having a pattern inside of it,” COPPER.COM disclaimed. There’s no written agreement” will do it.]

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False Advertising Ownership Registration Designs 72

Technology & Marketing Law Blog

MARCH 10, 2022

In a footnote, the court acknowledges the law is “evolving” with respect to employer ownership of social media accounts: The law on the ownership of a social media pages created by employees for employers is evolving rapidly and varies between jurisdictions. As with other such laws, this law struggles with definitions.

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Social Media Contracts Ownership Business 98

SpicyIP

SEPTEMBER 8, 2021

Firstly, it treats as given the definition of TK. The Report also does not elaborate on how it proposes to secure community protection for TK within the formal IP regime when the latter is almost exclusively designed to recognise individual contribution while according their works protection. A Shifting Focus.

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Reporting IP Invention Government 119

LexBlog IP

AUGUST 14, 2023

The CTA exempts twenty-three (23) categories of entities from the definition of “reporting company” and empowers FinCEN to create new exemptions. Exempted entities include the following, which each have detailed definitions: Large operating companies — companies with 20 or more full-time U.S. Are There Any Exemptions?

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Business Ownership Reporting Registration 52

Kluwer Copyright Blog

MAY 9, 2023

As it is easy to understand, such a broad definition will cover many of the training activities needed to develop an AI system, especially of the machine learning type, including generative AI systems. The Copyright – AI Act interface The first aspect to mention regards definitions.

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Copyright Copyright Law Fair Use Law 138

LexBlog IP

APRIL 25, 2023

Presently, any person who sells the goodwill of a business or who disposes of their ownership interest or other specified assets in a business may agree with the buyer to refrain from competing in the geographic area in which the sale occurred.

Ownership 52

Ownership Contracts Business Law 52

Trading Secrets

APRIL 25, 2023

Presently, any person who sells the goodwill of a business or who disposes of their ownership interest or other specified assets in a business may agree with the buyer to refrain from competing in the geographic area in which the sale occurred.

Ownership 52

Ownership Contracts Business Law 52

SpicyIP

JULY 19, 2021

Serious Comparative Advertising: Broadening the Definition. She argues that the law should broaden the definition of serious comparative advertisement (where the owner of the mark advertises his product reference to his competitor’s product based on scientific study) by allowing multiple comparisons. Thematic Highlights.

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Advertising Advertising Non-Fungible Tokens Intellectual Property 105

The IPKat

SEPTEMBER 22, 2023

Part One: In this introductory part, the authors carefully laid out definitions and conceptual clarifications of the subject matter of IP. The authors succeeded in simplifying issues that seems typically complex especially for newcomers in the IP field: copyright authorship, ownership and protection.

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Intellectual Property Law Intellectual Property Law IP 80

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

Intepat

DECEMBER 12, 2024

Graphical User Interfaces (GUIs) are essential elements of modern software, defining how users visually interact with applications and systems through various design components such as icons, menus, and layouts. The visual design of the button itself, such as its colour, shape, and placement, is covered as an artistic work.

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Copyright Artistic Work Design Patent Design 52

Kluwer Copyright Blog

MAY 30, 2024

However, copyright protection may unexpectedly clash with this sustainable practice, as certain upcycled items could include copyrighted prints, ornaments, or design patterns from the original materials, such as new clothing items made out of old bed sheets, curtains, or tablecloths , or jewellery made from broken porcelain.

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Copyright Copyright Law Business Intellectual Property 124

SpicyIP

SEPTEMBER 15, 2021

This independently chosen, show of unverbalized emotions, is therefore, an inherently a unique demonstration, which is designed by the players for themselves, and is therefore copyrightable. It is well-settled in the copyright jurisprudence that choreographic pieces are guaranteed shelter under the laws. Concluding Remarks.

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LexBlog IP

FEBRUARY 13, 2024

In 2022, the Federal Circuit definitively ruled that artificial intelligence (AI) systems cannot be named inventors or co-inventors on patent applications, reinforcing the longstanding principle that only natural persons are eligible as inventors under the Patent Act.

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Inventor Invention Patent Patent Application 52

CopyrightsWorld

APRIL 29, 2022

On November 3rd, 2018, Thaler filed a copyright application for A Recent Entrance to Paradise, designating himself as the claimant and the work’s author as “Creativity Machine,” saying that the copyright should be transferred from the AI to him due to his “ownership of the machine.”

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Copyright Artwork Public Domain Art 98