Kluwer Copyright Blog

APRIL 5, 2023

Opposing the claimants’ arguments, Ravensburger challenged the cross-border application of Italian law, alleging that the claims conflict with article 14 of Copyright Directive in the Digital Single Market (CDSM) Directive since they attempt to unlawfully impose property assertions on public domain works. 633/1941, l.

Public Domain 98

Public Domain Copyright Law Artwork 98

JD Supra Law

NOVEMBER 1, 2023

Furniture manufacturer admits intentionally copying designs, asks Supreme Court, What does copying really say about trademark status of design? While offering a new design for sale without obtaining a patent often means the design is now in the public domain, copyright and trademark laws could mean otherwise.

Copying 65

Copying Design Designs Public Domain 65

Plagiarism Today

AUGUST 23, 2022

Second, since he was a federal employee at the time the image was taken, the work itself is in the public domain. Dailly was one of the founding members of DMA Design, the studio that created the first Grand Theft Auto (GTA) games. First, he took the photograph of President Obama and Hillary Clinton.

Copyright 246

Copyright Public Domain Copyright Notice Reporting 246

Dear Rich IP Blog

SEPTEMBER 17, 2024

How do you tell if materials are public domain or fit under fair use? For readers who are unaware, the NAPLEX is "a 250-question, multiple choice, computerized examination designed to determine whether candidates have the knowledge, judgment and skill necessary to practice pharmacy at entry-level competence."

Public Domain 52

Public Domain Fair Use Copying Copyright Notice 52

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. They have a lengthy and aggressive history when it comes to protecting their rights , even as many of their stories are based on public domain tales.

Plagiarism 246

Plagiarism Graphic Design Copying Artwork 246

Patently-O

APRIL 20, 2024

by Dennis Crouch Seirus has petitioned for writ of certiorari in its long-running design patent dispute with Columbia Sportswear. Columbia’s design patent claims an “ornamental design of a heat reflective material” as shown in the figures. Federal Circuit’s 2023 Decision. Patent D657,093. Swisa, Inc. ,

Design Patent 69

Design Patent Art Design Designs 69

IP Close Up

JANUARY 3, 2023

What do Virginia Woolf’s ‘To The Lighthouse” and the final Sherlock Holmes stories by Arthur Conan Doyle, the German science-fiction film ‘Metropolis’ and Alfred Hitchcock’s Continue reading.

Public Domain 108

Public Domain Copyright Design Designs 108

The IPKat

JUNE 12, 2024

Designs are meant to protect the appearance of the whole or a part of a product. In order to minimize the overlap with technical IP rights, no protection is granted for designs whose appearance is solely dictated by their technical function ( Art. 8(3) CDR does not require the design to serve an aesthetic purpose. 8(2) CDR ).

Design 64

Design Designs Art Law 64

Biswajit Sarkar Copyright Blog

JULY 21, 2022

Copyright in registered designs means that the author has the exclusive rights to apply a design to any article in any class. The proprietor of a registered design has the exclusive right to apply such design to all such classes. The exclusive right to import for sale any article in which the design is registered.

Design 52

Design Designs Copyright Registration 52

Dear Rich IP Blog

AUGUST 21, 2021

We were wondering if we can republish the original design of the book (along with the French Title page/picture cover) for the 125th anniversary of the book. Public domain. The French and English books were published before 1926 and are in the public domain and you are free to reproduce everything from those two versions.

Public Domain 52

Public Domain Publishing Editing Design 52

LexBlog IP

JANUARY 31, 2024

Because copyright protection has a set term, copyrights in certain works necessarily expire each year and enter the public domain. Once a work has entered the public domain, it no longer retains copyright protection and cannot stop use of the work by others based on its prior copyright rights.

Public Domain 52

Public Domain Trademark Copyright False Advertising 52

The IPKat

DECEMBER 23, 2023

As a plant intellectual property nerd , this Kat was delighted to get her hands on the new book Intellectual Property and the Design of Nature (Oxford University Press, 2023), edited by Jose Bellido and Brad Sherman. The other two chapters turn to the conceptualisation of nature in patent law.

Intellectual Property 75

Intellectual Property Design Designs Intellectual Property Law 75

IPilogue

OCTOBER 26, 2022

Following this designation , objects require authorization and a licence fee to be used commercially by third parties regardless of whether the work is in the public domain. The public domain refers to works not protected by copyright, which means the works can be used without acquiring permission or paying a fee.

Social Media 119

Social Media Cease and Desist Public Domain Artwork 119

Dear Rich IP Blog

AUGUST 27, 2023

Dear Rich: I am adapting needlework-like designs used in pottery/chinaware by creating patterns for needleworkers. What are the laws covering those designs for which I cannot get permission? What are the laws covering those designs for which I cannot get permission? That depends on these factors: Do you need permission?

Design 52

Design Designs Copyright Notice Public Domain 52

LexBlog IP

FEBRUARY 14, 2023

Design patents protect the look of something functional, regardless of whether the functional aspects are new. Because of this, a popular use of design patents is to protect the outside of common consumer products. Increasingly, companies are investing in designing unique and aesthetically pleasing typefaces.

Design Patent 52

Design Patent Design Designs Patent 52

IPilogue

JANUARY 17, 2022

Photo from Cooper Hewitt , Smithsonian Design Museum, 1926. While many were observing the new year, intellectual property scholars and the artistic community were celebrating Public Domain Day. While many were observing the new year, intellectual property scholars and the artistic community were celebrating Public Domain Day.

Public Domain 105

Public Domain Intellectual Property Copyright Social Media 105

LexBlog IP

APRIL 5, 2023

There has been quite a bit of debate around the registrability of GUIs under industrial design law in India. While the Designs Act, 2002, recognised protection for GUIs, the Indian Patents Office has been reluctant to grant registration to GUIs. Vs. The Controller of Patents and Designs and Anr. [1]

Registration 52

Registration Design Designs Public Domain 52

Garrigues Blog

JULY 15, 2024

Original works of art are protected by copyright until they come into the public domain. This entry in the public domain makes the rights expire in some way, and they become assets freely available for use by the public at large, although the author’s moral paternity and integrity rights have to be respected at all times.

Public Domain 52

Public Domain Art Advertising Advertising 52

The IP Law Blog

SEPTEMBER 28, 2023

The plaintiff also consulted with various rabbis as part of the design process for the Second Holy Temple Product. Thus, here, given that the plaintiff has Copyright Registrations, the burden shifts to Defendants to come forward with “evidence that the work[s] [were] copied from the public domain.”

Public Domain 113

Public Domain Copyright Copying Registration 113

Corsearch

MARCH 13, 2023

Looking at the clip of Oswald below, you can clearly see elements of the character in Mickey’s modern design. An intelligent trademarks strategy is therefore needed, from screening and search reports to clear your proposed marks relating to works that are entering public domain, to watching services to monitor your marks once registered.

Public Domain 52

Public Domain Trademark Copyright Registering Trademarks 52

The IPKat

FEBRUARY 21, 2022

The kitten looking for the return of trade secrets is CC0 Public Domain from [link] The first picture is "Cat in a box", by Greg Mote from Glendora, CA, USA - CC 2.0.

Design 72

Design Designs Patent IP 72

SpicyIP

MARCH 27, 2023

Controller of Patents and Designs. Case: Biomoneta Research Vs Controller General of Patents Designs on 13 March 2023 (Delhi High Court) The matter pertained to an appeal against the order of the controller rejecting a patent application for ‘Air Decontamination Assembly’. 7 of the plaintiff’s registered design of urination device.

Design 105

Design Designs Cease and Desist Art 105

Intepat

DECEMBER 18, 2024

However, if Podcaster B uses Podcaster As original script, sound design, or other creative elements, this could be considered copyright infringement under Section 51 of the Copyright Act, which grants exclusive rights to the author of a work and prohibits its unauthorized use. Acuff-Rose Music, Inc.

Licensing 52

Licensing Copyright Public Domain Music 52

Copyright Lately

APRIL 30, 2021

Nineties grunge-rock band Nirvana, already embroiled in a long-running legal battle against fashion company Marc Jacobs over its “happy face” t-shirt designs , now finds itself on the less happy end of a new copyright infringement lawsuit worthy of Dante’s trip through the underworld. Welcome to the Seventh Circle of Hell.

Public Domain 91

Public Domain Copyright Copyright Notice Publishing 91

Technology & Marketing Law Blog

APRIL 23, 2024

Technological innovation flourishes only within a thoughtfully designed legal infrastructure, and my talk explains why pro-regulation advocates are likely to overshoot their mark (unless they intend to kill Generative AI outright, which may be the agenda of some).

Public Domain 105

Public Domain Technology Copyright Law Blogging 105

Patently-O

APRIL 17, 2024

This case began back in 2006 when Crocs sued Double Diamond and others for patent infringement of Crocs’s design patents. Therefore, Dastar ‘s unaccredited copying did not constitute a false designation of origin actionable under § 43(a) of the Lanham Act. Crocs largely prevailed in those actions. ” Dawgs brief.

False Advertising 115

False Advertising Advertising Advertising Patent 115

Intepat

APRIL 4, 2022

It is time to think if our ideas are patentable if we share them in the public domain. This can also occur as a consequence of sharing your ideas in the public domain. Sometimes, there are chances for people in the same field to figure out how to design or implement it based on your idea. The solution.

Public Domain 97

Public Domain Social Media Patent Invention 97

Kashishipr

APRIL 20, 2022

Patents, copyright, and trademarks have been the most widely recognized forms of IP to date; however, there are other forms as well, including geographical indications and industrial designs, which have been gaining attention in the past few decades.

Intellectual Property 119

Intellectual Property Confidentiality Public Domain Business 119

The IPKat

NOVEMBER 22, 2022

Thus, the owner of a canvas, in general, cannot make reproductions of the work it contains and distribute these copies or make them available on the Internet, unless such work is in the public domain or is subject to any limitation or exception to the rights of its author [see IPKat here ].

Artistic Work 144

Artistic Work Artwork Public Domain Intellectual Property 144

Plagiarism Today

SEPTEMBER 8, 2022

Creative Commons 0 (CC0) : This is essentially the Creative Commons Zero license , which is seen as largely a public domain dedication. This is designed to solve the issue of NFT sellers either not addressing copyright or using bespoke licenses that are confusing, incomplete or otherwise may be problematic.

Licensing 264

Licensing Moral Rights All Rights Reserved Copyright 264

SpicyIP

MARCH 27, 2023

The rejection rested on the remark that “ Even if the said documents were available in public domain at the time of filing of the suit, the need for filing the aforesaid documents arose only on account of the stand taken by the defendants in the written statement.”

Public Domain 105

Public Domain Trademark Reporting Design 105

The TTABlog

MARCH 2, 2022

In round two of what one person (me) dubbed the "Tinker Bell Fairy Fracas," the CAFC affirmed the Board's decision [ TTABlogged here ] sustaining a Section 2(d) opposition to registration of TEEN TINKER BELL and TEEN TINK & Design for dolls. Tinker Bell" appeared as a character in J.M. Read comments and post your comment here.

Public Domain 72

Public Domain Design Designs Registration 72

The IPKat

NOVEMBER 30, 2021

Kat friend, Becky Knott, promises that she doesn’t just write about alcohol, see here , but a recent decision involving the Protected Designation of Origin for ‘Porto’ caught her eye (palate?). Picture on the lower left is Jon Sullivan, who has released it into the public domain.

Public Domain 122

Public Domain Design Designs Registration 122

Copyright Lately

FEBRUARY 17, 2025

A copy of something in the public domain can’t support a copyright unless it contains a distinguishable variation that reflects independent creativity. ” If Rosss tool used the headnotes only to learn language patterns for producing quotes from public domain judicial opinions, that would weigh in favor of fair use.

Fair Use 69

Fair Use Copying Public Domain Copyright 69

The IPKat

JANUARY 30, 2022

Here they are in case you missed them: TRADE MARKS Katfriend Marijus Dingilevskis posted on a recent decision of the Lithuanian Supreme Court, which states that even if a trade mark has been registered in the international register for 40 years, this is no guarantee that a subsequent national designation will be also registered.

Moral Rights 78

Moral Rights Database Right Design Designs 78

TorrentFreak

NOVEMBER 30, 2023

RDRS: Registration Data Request Service With WHOIS protocols set to be replaced by RDAP (Registration Data Access Protocol), a technology designed to improve Registration Data Directory Services (RDDS), this week ICANN launched RDRS , an all new service to simplify access to non-public domain registration data.

Registration 123

Registration Public Domain Privacy Intellectual Property 123

The IPKat

FEBRUARY 10, 2024

Copyright and Designs Hayleigh Bosher evaluated the excitement about Walt Disney Animation Studios' Steamboat Willie entering into the public domain in the US, along with many other works. The Paris Court of Appeal found that the T-shirt failed to meet some of the criteria for copyright and design protection respectively.

Public Domain 64

Public Domain Design Designs Copyright 64