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? Are you licensing your needlework patterns to a third party?

Design 52

Design Designs Copyright Notice Public Domain 52

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

Velocity of Content

JANUARY 23, 2024

The FAIR principles are designed to address the necessary steps to make research data and the metadata attached to it FAIR (Findable, Accessible, Interoperable, and Reusable). External data is only provided if under a clear open license or with full permission to release the data.

Licensing 98

Licensing Public Domain Privacy Design 98

The IPKat

JANUARY 25, 2022

EU Designation of International Registration No. 922784 for the 3D mark below covering goods and services in Classes 12, 14, 16, 18, 20, 21, 25, 28, 30, 35, and 37: Volkswagen submitted that its marks enjoy a high degree of recognition within the relevant public in connection with, at least, vehicles in Class 12.

Public Domain 133

Public Domain Registration Licensing Publishing 133

TorrentFreak

DECEMBER 21, 2022

Most parties agree that it’s impossible to design an error-free takedown process but disagree on what error rate is acceptable when takedowns are automated. Voluntary Technical Measures. With thousands of responses, the feedback the Office received on voluntary technical measures was overwhelming. Tweaking the DMCA.

Copyright 145

Copyright Fair Use Public Domain Government 145

Intepat

APRIL 2, 2022

Any product, design, or process that does something using a novel methodology or solves an existing technical problem is an invention. Patents give the inventor the security and confidence to share their invention in public domains. Patents bring down the wall of secrecy on the invention, making it available to the public.

Invention 105

Invention Inventor Patent Intellectual Property 105

The IPKat

SEPTEMBER 15, 2022

One of the first enacted changes concerned the rules for calculation of the compensation paid to the patent owner in the event that an invention, utility model, or industrial design is being used without the patent owner’s authorization. Before the 2021 amendment, such use was allowed only for reasons of public defense and security.

IP 133

IP Brands Branding Branding 133

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case.

Registration 132

Registration Fair Use Copyright Design 132

Velocity of Content

JUNE 11, 2024

With over three decades of experience in teaching and school administration, Kimberly brings a deep understanding of curriculum design and implementation. They guide educators in designing instruction and fostering essential language skills like reading comprehension, writing proficiency, and communication.

Licensing 97

Licensing Copyright Public Domain Blogging 97

IP Intelligence

SEPTEMBER 20, 2023

If restrictions are placed on the fair use defense and/or a compulsory licensing regime implemented for models that used copyrighted content, such restrictions might apply to computer vision models that enable surgical robotics and autonomous vehicles. AI authorship rules apply regardless of the nature of the claimant.

Fair Use 111

Fair Use Public Domain Copyright Ownership 111

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

Dear Rich IP Blog

APRIL 16, 2020

Does the absence of the insignia mean that the film is public domain? Nowadays, the publication of a film without copyright notice won't effect ownership, but in 1964, the penalty was draconian. If the copyright owner failed to include a copyright notice on "The Naked Kiss," then it would likely be in the public domain.

Copyright Notice 52

Copyright Notice Public Domain Copyright Ownership 52

Trademark and Copyright Law Blog

MARCH 11, 2021

T he creator of Donkey Kong, now-legendary game designer Shigeru Miyamoto , says he picked the name “Donkey Kong” because he wanted a name that conveyed the idea of a “stupid ape.” More relevant for posterity, Shigeru Miyamoto later named a different video game character, the all-powerful pink puffball Kirby , after John Kirby.

Public Domain 98

Public Domain Trademark Copyright Infringement Licensing 98

SpicyIP

DECEMBER 29, 2024

The defendants could neither prove registration of trademark in their label nor did they have a valid license. Moreover, the Court held that the deceptively similar label could provide confusion in the minds of the public. The Court found that the registered trademarks of the plaintiff are in the public domain.

Journalism 52

Journalism Trademark Registering Trademarks Business 52

The IPKat

APRIL 30, 2024

Anastasiia Kyrylenko, our GuestKat, exploring the case of subsequent overlap between trademark and copyright protection and its implications for the public domain. And in a world brimming with trademarks, what is the ultimate purpose of the public domain? Is the overlap of different IP regimes genuinely problematic?

Reporting 64

Reporting Copyright Public Domain Law 64

Copyright Lately

OCTOBER 25, 2021

The humanized skeleton figure on the left is Skully, which artist and entrepreneur Gregory Spiers first conceived while designing a T-shirt for the Lithuanian Olympic basketball team. The humanized skeleton figure on the right is Curly, a character designed for Scholastic’s popular “Goosebumps” series of books.

Copyright 145

Copyright Cinema Copying Copyright Infringement 145

IIPRD

MARCH 5, 2025

Upon independent and less human intervention by a machine in making the work, one expects a built-in gap in the legal design. Forming Exclusive Rights A sui generis intellectual property system based on AI-generated works might provide some degree of protection and also be a bridge to the public domain. References U.S.

Copyright 52

Copyright Intellectual Property Copyright Law Artwork 52

The IPKat

NOVEMBER 9, 2021

Birkenstock's claim that it had designed the pattern and it had been the first on the market to use that design, was considered by the court to as insufficient to consider that the pattern itself also significantly different from other patterns in the shoe and clothing sector. Universal Public Domain Dedication license.

Public Domain 86

Public Domain Licensing Intellectual Property Design 86

Kluwer Copyright Blog

FEBRUARY 8, 2023

Better Regulation The EU has committed itself to designing policies and laws with a greater level of transparency and evidence , backed up with the views of citizens and stakeholders. In achieving this balance, the EU legislator resorts to several tools: the Better Regulation Agenda , the subsidiarity and the proportionality principles.

Marketing 116

Marketing Marketing Copyright Copyright Law 116

Kluwer Copyright Blog

APRIL 18, 2024

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. No amendment offered in public session. If a 3 -step test is included, it could be designed to expand the flexibility, not shrink it. Copyright: WIPO. Photo: Emmanuel Berrod.

Public Domain 69

Public Domain Contracts Copyright Licensing 69

The IPKat

SEPTEMBER 16, 2024

Lucius Klobucnik calls for a harmonized approach to the categorization of rights in Europe to streamline online music licensing, comparing EU and US perspectives. This model addresses the legal public domain status of both physical and intangible AI creations and inventions.

Intellectual Property Law 64

Intellectual Property Law Intellectual Property Law Public Domain 64

Kluwer Copyright Blog

OCTOBER 17, 2023

As a software-implemented creation, it was not in the public domain and the company willing to exploit the work had to clear the right to reproduction. Part 1 of the post discusses legislative proposals in this field and Part 2 will explore the potential statutory license solution. Secondly, para. of the CDSM Directive.

Copyright 125

Copyright Art Copyright Law Licensing 125

SpicyIP

MARCH 15, 2022

This blog examines how press publishers have claimed rights over their content on digital media platforms like Facebook, Google News, which give a preview of two-three lines along with a hyperlink to the press publication. The introduction of press publishers right has met with heavy criticism over its broad scope and vague application.

Publishing 105

Publishing Marketing Marketing Advertising 105

Velocity of Content

JUNE 8, 2022

Having obtained film animation rights — a relatively new licensing concept at the time, but one which Disney Studios began frequently exploiting from the 1930’s on – Walt Disney and his studio release the famous animated film. And the 1911 content reused in these works may actually be in the public domain already.

Derivative Work 105

Derivative Work Public Domain Copyright Fair Use 105

SpicyIP

SEPTEMBER 15, 2023

There are other proposed changes as well like the introduction of an omnibus extension for all the deadlines upon payment of fees (many discussed in Sabeeh’s post here ), change in the syllabus for the Patent Agent Exam to include Designs Act and Rules, however, we will not be discussing these for the purpose of this post.

Patent 105

Patent Invention Patent Application Public Domain 105

SpicyIP

JANUARY 2, 2022

This judgment concerned the classification of payments under end-user license agreements (EULA). In this judgment, the Delhi High Court delved into the interpretation of section 8 of the Arbitration and Conciliation Act, 1996 with respect to disputes involving trademark licensing agreements. CIT [Supreme Court].

IP 143

IP Intellectual Property Trademark Copyright 143

Greenspoon Marder LLP

SEPTEMBER 18, 2018

Certain marks may once have been legally protected trademarks that subsequently lost their protection as trademarks because the marks entered the public domain by becoming generic terms through public usage. and Plant (for the sale of plants). The post Ugg! Generic or Not? appeared first on Greenspoon Marder LLP.

Public Domain 52

Public Domain Brands Branding Branding 52

Intepat

NOVEMBER 20, 2023

Licensing Rights: Copyright owners have the right to license their work. Copyright registration allows anyone to confirm the true owner of the work, facilitating the licensing process. The act of publication ensures that the work is broadcast in the public domain, offering the owner a sense of security.

Registration 52

Registration Copyright Ownership Public Domain 52

The IP Law Blog

JANUARY 12, 2023

And be sure to confirm that all domain names and social media accounts are registered to the company; you would be surprised at how often a domain name or social media account is registered to an individual company employee and not the company itself. Such inventions may be protectable under federal patent laws.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Let’s dive in!

Fair Use 40

Fair Use Art Licensing Derivative Work 40

Copyright Lately

AUGUST 25, 2023

Material that is in the public domain. The same is true if AI is used for technical tasks—blurring out license plate numbers from reality show footage or performing color corrections. For purposes of a copyright registration, “unclaimable material” has historically included four types of material: Previously published material.

Derivative Work 87

Derivative Work Registration Copyright Public Domain 87

Kluwer Copyright Blog

JUNE 1, 2023

In this regard, a clear reflection on the preservation and legal protection of the public domain against undue appropriations seems necessary. The ECS believes the time is now ripe to prepare initiatives to realize this ambition (following the ambition of EU trade marks, EU designs, and unitary patents) based on Article 118 TFEU.

Copyright Law 116

Copyright Law Copyright Law Art 116

Kluwer Copyright Blog

FEBRUARY 22, 2022

In this post, we offer an overview of the project to date, stratified across CREATe’s core research themes : Creative Industries , the Public Domain , and Competition and Markets. Public Domain. Creative Industries. Despite being only one piece of the puzzle, copyright has dominated the debate in this area.

Copyright 52

Copyright Public Domain Marketing Marketing 52

Kluwer Copyright Blog

JUNE 8, 2022

In the field of AI, bias may be present at various stages of the development of an application including the design of the algorithms, the designers of the algorithm, the identification and sampling of the learning information and the curation, annotation , and verification of the input data (see, e.g., here and here ).

Public Domain 52

Public Domain Licensing Copyright Law Copyright 52

Intepat

SEPTEMBER 15, 2023

Copyright laws are designed to safeguard the rights of creators. Potential solutions range from creating new categories of copyright to developing specialized licensing models for AI-generated content. To delve deeper into the question of ownership, we need to grasp the traditional concept of copyright.

Art 105

Art Copyright Ownership Non-Fungible Tokens 105

SpicyIP

NOVEMBER 15, 2022

SpicyIP Tidbits: Compulsory License on Mira Behn’s Autobiography, and Stricter Test of Similarity of Marks for Medicinal Products. Licensing Ip International S.AR.L Controller of Patents and Designs ( pdf ), was decided by the Delhi High Court and deals with issues pertaining to prior art and inventive step. Image from here.

Trademark 105

Trademark Patent Copyright Design 105

Kluwer Copyright Blog

DECEMBER 1, 2021

This is not the first time the UKIPO has engaged with a public call for views on the topic of AI and IP. That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. Responses from the earlier call for views have raised the need to improve licensing mechanisms for TDM purposes.

IP 75

IP Inventor Invention Intellectual Property 75