LexBlog IP

APRIL 24, 2023

” the Office’s recent registrability decision regarding the graphic novel created by Kris Kashtanova creates nearly insurmountable, unnecessary hurdles to all kinds of AI authorship. Combine that “mastermind/dominant” author doctrine with the run of cases discussing ownership of software outputs (i.e.,

Ownership 64

Ownership Copyright Registration Public Domain 64

IPilogue

AUGUST 16, 2022

The Court spent more time analysing the admissibility of the Copyright Certificate of Registration as evidence of Pugliese’s citizenship. Federal Court Dismisses Copyright Claim Due to Plaintiff’s Failure to Establish Ownership: [link]. The Federal Court also dismissed this case. Further Reading. August Image LLC v AirG Inc.

Copyright Infringement 104

Copyright Infringement Copyright Registration Social Media 104

SpicyIP

MAY 18, 2022

The Indian Trade Marks Registry is also seeing activity under classes 9, 35 and 41 for registration of trademarks in relation to ‘downloadable virtual goods’ and online virtual services. The definition of these terms is unclear. But it is equipped to efficiently deal with new workload?

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 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.

Art 105

Art Copyright Ownership Non-Fungible Tokens 105

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. GMC denied the assertions as false.

Copyright 79

Copyright Cease and Desist Ownership Registration 79

IP and Legal Filings

SEPTEMBER 11, 2024

Legally, when we talk about “music under copyright,” we’re referring to the ownership of the composition or recording itself. This ownership grants the holder exclusive rights to its distribution and reproduction, as well as the ability to license it and earn royalties.

Music 103

Music Copyright Ownership Copyright Law 103

43(B)log

DECEMBER 6, 2023

Hy-Vee counterclaimed for declaratory judgment that Williams’s copyright registration certificate for the mural is invalid because Williams knowingly provided inaccurate information to the Register of Copyrights when he filed his copyright registration application. Thus, VARA’s attribution right did not apply to the commercial.

Ownership 69

Ownership Contracts Copyright Registration 69

IP and Legal Filings

OCTOBER 26, 2022

The first Declaration (Prakas) on the Procedures for Registration and Protection of Geographical Indications, dated May 18, 2009, served as the basis for the registration of Kampot Pepper and Kampong Speu Palm Sugar. Once the association is established, an application for registration can be filed with the Ministry of Commerce.

Registration 98

Registration Trademark Law Ownership 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.’

Branding 110

Branding Branding Brands Trademark 110

The TTABlog

FEBRUARY 13, 2023

The Examining Attorney relied on dictionary definitions and a Wikipedia entry for "soul food" and on several website excerpts that use the term SOUL FOOD to describe a category of food sold at grocery stores. The multiple dictionary definitions alone establish that SOUL FOOD is merely descriptive of traditional southern African American food.

Marketing 72

Marketing Marketing Ownership Registration 72

The IPKat

FEBRUARY 3, 2023

Comment The Supreme Court’s decision confirms the definition and requirements of creativity and originality and accepts the protectability of digital art by stating that the mere use of software tools does not in itself rule out protection. RAI contested all the claims as groundless. Here below the artwork by Lindelokse.

Art 99

Art Copyright Artwork Editing 99

IPilogue

DECEMBER 17, 2021

does not include colour in the statutory definition of trademarks. However, colour trademarks are not synonymous with ownership of the colour. Tiffany & Co has a multi-class registration for Tiffany Blue, but these are all narrowly defined. since 1998. Traditionally, colours were outside the scope of trademark protection.

Trademark 111

Trademark Social Media Art Ownership 111

43(B)log

JANUARY 18, 2022

This seems wrong to me—like holding a skateboard nonfunctional because you can also use roller skates if you want personal wheels, or the Dippin’ Dots ice cream configuration nonfunctional because one can eat regular ice cream instead—but does provide a nice illustration of the importance of market definition to functionality determinations.

Registration 45

Registration Ownership Social Media Marketing 45

Michael Geist

MAY 18, 2023

The consultations focus on the broad structure of the regulatory framework , registration requirements , and transitions from the current system of exemptions to one of regulations. The almost unlimited scope of the bill is also on full display in the consultation.

Social Media 145

Social Media Ownership Government Television 145

Technology & Marketing Law Blog

MAY 30, 2022

Finally, it points out Viacom is the owner of three valid trademark registrations for the KRUSTY KRAB mark and 400 copyright registrations covering “creative aspects of the SpongeBob SquarePants franchise,” including episodes from the animated television series, movies, drawings, and stylebooks featuring artwork from the franchise.

Blogging 111

Blogging Social Media Television Fair Use 111

Intepat

JANUARY 15, 2024

Registration at UKIPO The case in question, originating in 2019, presents a groundbreaking legal dilemma: Can an artificial intelligence (AI) system be acknowledged as an inventor for the purposes of patent ownership? In the definitive judgement issued on 20 December 2023, the appeal lodged by Mr. Thaler was ultimately rejected.

Inventor 94

Inventor Patent Law Invention Law 94

IPilogue

OCTOBER 7, 2021

High costs and complex processes that are often associated with the registration, renewal, or enforcement of IP protection often serve as barriers for Indigenous peoples seeking to use the formal IP system. Many other issues stem from the fact that the formal IP system and traditional cultural systems are often based on competing worldviews.

IP 105

IP Intellectual Property Trademark Law Ownership 105

JIPL Online

FEBRUARY 26, 2021

In June of 2020, the Supreme Court of the United States (“SCOTUS”) held that a “generic.com” is eligible for trademark registration so long as the consumer recognized the mark as a distinguishing member of a certain class of goods or services. [i] The Decision. The second problem Justice Breyer has is that adding “.com”

Trademark 98

Trademark Registration Trademark Law Advertising 98

IPilogue

MARCH 31, 2023

I recalled the Copyright Act recognises joint ownership of work under section 2 as work of joint authorship , defined as a work produced by the collaboration of two or more authors in which the contribution of one author is not distinct from the contribution of the other author or authors. Paintings: Registrable Copyright?

Registration 40

Registration Copyright Ownership Intellectual Property 40

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.

Intellectual Property Law 81

Intellectual Property Law Intellectual Property Law IP 81

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. But questions still remain. That said, there are reasons for the parties to discuss settlement.

Derivative Work 106

Derivative Work Copyright Reporting Settlement 106

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?

Business 52

Business Ownership Reporting Registration 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 a similar copyright registration for this site.

False Advertising 72

False Advertising Ownership Registration Designs 72

SpicyIP

SEPTEMBER 8, 2021

The Report also recommends the “ registration of traditional knowledge as Geographical Indication ” (pg. Firstly, it treats as given the definition of TK. Another intriguing suggestion in this respect is the proposal to make the Government a joint owner in claiming IP rights alongside creators/communities to restrict misappropriation.

Reporting 119

Reporting IP Invention Government 119

The TTABlog

APRIL 6, 2022

Applicant ADOL sought registration of the marks SKËNDERBEU and GJERGJ KASTRIOTI SKËNDERBEU (Stylized) for "beverages from wine distillates, namely, brandy and grape brandy." Fraud: Illyrian alleged that ADOL committed fraud by falsely claiming ownership of the subject marks. See also Chem. Conmar Form Sys., See In re Bose Corp.,

Ownership 52

Ownership Registration Trademark Contracts 52

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. In re Krete LLC , Serial No. Text Copyright John L.

Design 45

Design Designs Registration Ownership 45

The TTABlog

JULY 5, 2023

The Board rendered a split decision in this opposition to registration of the mark EVOGUE for a wide variety of consumer electronic devices and accessories, tossing out Opposer Advance Magazine's Section 2(d) claim but partly upholding its dilution claim, based on the registered mark VOGUE for, inter alia , magazines and mobile phone software.

Registration 40

Registration Trademark Ownership Advertising 40

Kashishipr

AUGUST 2, 2021

A Unique Temporary Registration Number (UTRN) is generated on filing the online application. After approval of the application for recordation by the Commissioner of Customs, the UTRN will be converted to UPRN (Unique Permanent Registration Number), and the said UPRN would be issued, which confirms the recordation.

IP 105

IP Intellectual Property Registration Registering Trademarks 105

The TTABlog

JANUARY 4, 2022

It granted a petition for cancellation of a registration for the mark DANTANNA’S for “steak and seafood restaurant” on the ground of fraud. Therefore, the Board held that “[i]n matters of trademark registration and maintenance, where the USPTO relies on declarations to be complete, accurate, and truthful.

Registration 59

Registration Ownership Licensing Trademark 59

Technology & Marketing Law Blog

DECEMBER 27, 2023

Moreover, contrary to The Satanic Temple’s novel argument, domain registration is not the same as registration for a social media website.” 512(f) case in the context of an ownership dispute is sent to a jury. ” * Hoffmann Brothers Heating and Air Conditioning, LLC v. Serc-CA Discos, Inc. 2023 WL 8480096 (S.D.

IP 98

IP Advertising Advertising Copyright 98

SpicyIP

FEBRUARY 12, 2024

The E&Y report is rather an interesting read and most definitely a needed initiative in light of the growing music industry in India, especially in light of the booming streaming business in the country. For the first, one angle is the lack of sufficient clarity among the concerned artists regarding ownership of their rights.

Music 105

Music Publishing Reporting Government 105

LexBlog IP

DECEMBER 26, 2023

Keep in mind the generators are trained on existing material, including things that are protected by copyright and trademark law and registration and patents. used in those generated logos retain the ownership to that original art and do not give you a license to use it exclusively. Can you use it in the ways you want to?

Design 52

Design Designs Trademark Copyright 52

IIPRD

JUNE 8, 2024

Furthermore, if a design is eligible for registration within the Designs Act, 2000 but has not been registered, it can only be protected within the Copyrights Act if its owner produces it in an “industrial process” no more than fifty times. Registered copyright is merely an indication of ownership; it is not proof of ownership.

Intellectual Property 52

Intellectual Property Design Designs Branding 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.

Copyright 138

Copyright Copyright Law Fair Use Law 138

IP Tech Blog

NOVEMBER 25, 2022

Specifically, it sold clothing articles and shoes beginning sometime in 2018 and owned a corresponding trademark registration. In 2020, Jiaxing sought federal registration for a trademark covering, among other things, wine pourers and bottle stands. Jiaxing is a Chinese company that has sold products using the Riboli name.

Trademark 57

Trademark Registration Designs Design 57

LexBlog IP

FEBRUARY 24, 2023

Definition of Vessel: Article 11 of the UAE Maritime Law defines a vessel as any structure operating in maritime navigation, regardless of its power, weight, or purpose of navigation. Registration: As per Article 18 of the UAE Maritime Law, a vessel should not have the flag of UAE if it is not registered in the country.

Law 40

Law Contracts Registration Ownership 40

IP and Legal Filings

SEPTEMBER 8, 2023

As per the Trademarks Act 1999 , the definition of trademark explicitly conveys that only the graphical representation of the marks and the element of in comparability i.e As, the scent of a product alone makes it barred from registration process it relies upon the owner to prove it distinct apart from other features.

Trademark 52

Trademark Registration Marketing Marketing 52