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

The IPKat

APRIL 30, 2024

Surprisingly, for those who read Overlapping Intellectual Property Rights (Edited by Neil Wilkof, Shamnad Basheer, and Irene Calboli), even though Prof. Anastasiia Kyrylenko, our GuestKat, exploring the case of subsequent overlap between trademark and copyright protection and its implications for the public domain.

Reporting 64

Reporting Copyright Public Domain Law 64

The IPKat

SEPTEMBER 16, 2024

This is a book review of “ Harmonizing Intellectual Property Law for a Trans-Atlantic Knowledge Economy ”, edited by Péter Mezei, Hannibal Travis, and Anett Pogácsás. This model addresses the legal public domain status of both physical and intangible AI creations and inventions. A meow-velous cover!

Intellectual Property Law 64

Intellectual Property Law Intellectual Property Law Public Domain 64

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

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. This blogpost is based on a forthcoming article by the author which is accepted for publication in the European Law Review and will be available in April 2023.

Marketing 116

Marketing Marketing Copyright Copyright Law 116

IP and Legal Filings

MAY 13, 2024

Protection under copyright usually lasts for the entire life of the owner along with a supplementary time frame, after which the work becomes within the public domain and is allowed to be openly utilised by anybody. A linguistic model lacks the kind of human imagination required to develop logos or designs.

Copyright 98

Copyright Intellectual Property Ownership Technology 98

The IPKat

JULY 22, 2021

The title of this book clearly sets out its premise: trademark protection has encroached into what used to be solely copyright’s domain, resulting in an undesirable over-protection of works which impoverishes the public domain and restricts others’ creative endeavours.

Trademark 59

Trademark Public Domain Copyright Cease and Desist 59

IP and Legal Filings

MAY 3, 2023

The Copyright , Designs and Patents Act of 1988 in the United Kingdom specifies in Section (1)(1)(a) that copyright exists in “original literary, dramatic, musical, or artistic works.” With the information in the public domain, the Rural Telephone Service issued a phone book. A publishing company called Feist Publications Inc.

Copyright 98

Copyright Public Domain Copying Publishing 98

Velocity of Content

JUNE 8, 2022

I read it a least a dozen times – play and novel — when I was a young fellow, and again recently ( Annotated Edition ). And the 1911 content reused in these works may actually be in the public domain already. Aside to the reader: I love Barrie’s original Peter Pan.

Derivative Work 105

Derivative Work Public Domain Copyright Fair Use 105

Kluwer Copyright Blog

APRIL 18, 2024

No amendment offered in public session. If a 3 -step test is included, it could be designed to expand the flexibility, not shrink it. Measures A prohibition on circumvention of TPMs could extend protection to materials in the public domain or prevent the exercise of exceptions. 5- National Treatment Paragraph 5.2

Public Domain 69

Public Domain Contracts Copyright Licensing 69

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. Intellectual Property Law in China, 2nd edition. Creative Industries. More from our authors: Law of Raw Data.

Copyright 52

Copyright Public Domain Marketing Marketing 52

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. Intellectual Property Law in China, 2nd edition. Option 2: replace it with a new one with a shorter scope/duration.

IP 75

IP Inventor Invention Intellectual Property 75

IP Intelligence

APRIL 24, 2023

Consistent with the Copyright Office’s guidance in the Compendium, Third Edition, there is often “creative input or intervention from a human author” at multiple steps in the process. 2018) (citing Design Data Corp. Rearden and Design Data , together with Torah Soft Ltd. 16 Casa Duse, LLC v. Merkin , 791 F.3d 3d 247 (2d Cir.

Ownership 98

Ownership Copyright Registration Public Domain 98

LexBlog IP

APRIL 11, 2023

In this edition of #InterestingPatents, we look at The United States of America, as represented by the Secretary of Agriculture’s new patent for a new red raspberry cultivar called Finnberry. However, the good news is eventually this plant will become part of the public domain and accessible to everyone. important;}.vc_custom_1624980560576{margin-top:

Editing 52

Editing Patent Patent Application Social Media 52

Copyright Lately

APRIL 3, 2023

IA is probably best known for its “ Wayback Machine ,” which allows you to view old versions of websites and laugh at what passed for user interface design in the late 90s. IA’s Open Library project includes millions of public domain books that users can download and read without restriction.

Fair Use 78

Fair Use Copying Publishing Copyright 78

43(B)log

FEBRUARY 19, 2022

Karp agrees that (c) is not like land, which preexisted the public domain and was acquired and distributed by gov’t. (c) Fact also delineates specific categories—1960 report of meaning of “writings” that is a precursor to 102(b) lists ideas, dress designs, reports of current events, names/titles. What are the rejections?

Copyright 59

Copyright Moral Rights Artwork Art 59

Kluwer Copyright Blog

MARCH 14, 2022

The first issue raised in the consultation was whether the copyright protection for computer-generated works (CGWs)without a human author, in the UK Copyright, Designs and Patents Act 1988 (CDPA), strikes the right balance between incentivising and rewarding investment in AI creativity. Intellectual Property Law in China, 2nd edition.

IP 64

IP Public Domain Copyright Intellectual Property 64

The IPKat

SEPTEMBER 4, 2024

Book Review Katfriend Maciej Padamczyk (Herchel Smith Doctoral Researcher, Research Associate QMIPRI) reviewed Research Handbook on Intellectual Property Rights and Inclusivity , edited by Cristiana Sappa. Furthermore, AGA also discussed a possible copyright infringement in its design.

Personality Rights 59

Personality Rights IP Art Copyright 59

LexBlog IP

APRIL 24, 2023

Consistent with the Copyright Office’s guidance in the Compendium, Third Edition, there is often “creative input or intervention from a human author” at multiple steps in the process. 2018) (citing Design Data Corp. Rearden and Design Data , together with Torah Soft Ltd. ” U.S. Merkin , 791 F.3d

Ownership 64

Ownership Copyright Registration Public Domain 64

43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. Defendants allegedly used editing tools to compress scenes that constituted “about 70% or more of” the 2001 Documentary into minutes of footage that then appeared in the 2013 Documentary.

Fair Use 52

Fair Use Trademark Copyright Editing 52

Copyright Lately

DECEMBER 4, 2023

Oh Mickey, you’re so fine—but you’re not alone: An avalanche of copyrighted works will enter the public domain in the United States on January 1, 2024. public domain on January 1, 2024—and that’s a shame. public domain for failure to comply with the various formalities (e.g., copyright terms.

Public Domain 121

Public Domain Music Copyright Publishing 121

The IPKat

SEPTEMBER 2, 2024

Here is what Maciej has to say: This is a book review of Research Handbook on Intellectual Property Rights and Inclusivity , edited by Cristiana Sappa , Professor of Business Law, INENTIS Department, IESEG School of Management, Lille, France. Can a property right meant to exclude promote inclusivity?

Intellectual Property 59

Intellectual Property Public Domain IP Licensing 59

Kluwer Copyright Blog

APRIL 28, 2022

In this week’s judgment the Court rejected the argument brought forward by Poland and concluded that the design of Article 17 includes sufficient safeguards protecting the right to freedom of expression and information of the users. Intellectual Property Law in China, 2nd edition. More from our authors: Law of Raw Data.

Copyright 114

Copyright Law Intellectual Property Law Public Domain 114

Technology & Marketing Law Blog

FEBRUARY 13, 2023

If the work was published without proper copyright notice, the work entered the public domain. Effective January 1, 1978, the date of federal copyright protection was moved back from the date of first publication to the date the work was “fixed in a tangible medium of expression,” or permanently recorded in some form.

Copyright 131

Copyright Blogging Publishing Fair Use 131

LexBlog IP

JANUARY 10, 2024

Government by its officers and employees should not be subject to copyright” and fall “in the public domain.” It is strange because that would mean that the unpublished portions would also be government works available for public use. . “The basic premise of [S]ection 105.[is] ” H.R. ” Id.

Ownership 52

Ownership Copyright Government Intellectual Property 52