Technology & Marketing Law Blog

JANUARY 24, 2024

This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer. The court explains: They describe steps in the process of fashion design and capture much (if not all) of the creative output that Gutman might produce in her role as a designer.

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The IPKat

NOVEMBER 22, 2022

The IPKat is pleased to host the following post by former GuestKat Jan Jacobi , analyzing the recently released Opinion of Advocate General (AG) Rantos in Castorama Polska, C-628/21, a referral for a preliminary ruling from Poland asking about the correct interpretation of the right to information under the Enforcement Directive 2004/48.

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IP Intellectual Property Copyright Ownership 52

LexBlog IP

DECEMBER 21, 2021

There is a risk that this study may be understood or reported in some quarters as implying the presence of a causal relationship between ownership of IP rights and business success. It should go without saying, however, that (in the absence of evidence otherwise) correlation is not causation. On average, SMEs that own IP rights are around 3.5

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LexBlog IP

MAY 18, 2022

2D designs and texts on a product or packaging may be protected as written, pictorial, photographic, and graphic works, or even works of fine art, depending on the nature of the design elements. The situation is much more complex for product designs and 3D packaging. copyright law. For comparison, U.S. Like in the U.S.,

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Indiana Intellectual Property Law

DECEMBER 5, 2022

Elkhart, Indiana – Phoenix USA RV, Inc. , (“Phoenix USA”) founded in 1996 designs, builds, markets, and sells custom motor homes to customers through authorized retailers across the United States. Many of the employees became unhappy with the direction of the company under new ownership. Continue reading.

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Erik K Pelton

AUGUST 20, 2024

To help you navigate the path toward a registered trademark, keep the following key points in mind: Words are generally more important to protect than designs. Each application must include a “drawing” of the word or design to be protected. The ownership must be identified correctly (e.g. List the owner correctly.

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The IPKat

MAY 17, 2023

The Court held that in the absence of directly comparable source code in a software copyright infringement and misuse case, records of conversations, meetings, timelines, and e-mails can be used to show ownership of copyright, highlighting the importance of keeping a record of this information. The agenda can be found here.

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Intepat

MAY 24, 2023

TYPES OF IP CONTRACTS (1)INTELLECTUAL PROPERTY ASSIGNMENT AGREEMENT The process of facilitating the transfer of ownership rights for various forms of intellectual property, such as copyrights, trademarks, patent, trade secrets, and other intangible creations is known as an intellectual property assignment.

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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. This omission is telling.”

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Ownership Contracts Copyright Registration 69

Plagiarism Today

APRIL 11, 2022

The lawsuit was originally filed by a company named Designworks and its owner, Charles James, against two real estate companies that he claims violated his copyright by posting floor plans for houses that that James had designed. This has led to a four decades long dispute over ownership of the character Ms.

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LexBlog IP

AUGUST 14, 2023

Department of Treasury’s Financial Crimes Enforcement Network (“FinCEN”) identifying the entities’ beneficial owners – the persons who ultimately own or control the company – and provide similar identifying information about the persons who formed the entity. What is Considered an Ownership Interest?

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Business Ownership Reporting Registration 52

Intepat

NOVEMBER 20, 2023

The advantages of registered copyrights over unregistered ones are evident: Public Record of Ownership: Registration serves as a public record, enhancing the authority and confirming ownership to the creator. Clarity in Ownership Disputes: Over time, courts have faced challenges in adjudicating ownership and originality disputes.

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Sander Law

MARCH 29, 2023

Ownership Just as you can own physical property, like a house, you can be the legal owner of IP (e.g. patents, industrial designs), other forms of IP rights may be acquired without registration (e.g. The above content is for informational purposes only and is not legal or professional advice. a form of intangible property).

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Intellectual Property IP Ownership Registration 52

IP Tech Blog

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. It covers architectural design, software, graphic arts, motions pictures, sound recordings, and more, and it is adaptive to new technological advances that would likely apply to NFTs.

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IP Ownership Non-Fungible Tokens Copyright Law 109

Nelligan Law

FEBRUARY 20, 2024

Today, tattoos serve as deeply intimate expressions of identity and selfhood, with each design narrating a unique tale and mirroring the innermost musings, sentiments, and escapades of the wearer. At the crux of both cases lies the conundrum of copyright ownership and infringement. Conversely, the confidential settlement reached in S.

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Copyright Fair Use Copyright Law Settlement 105

The IP Law Blog

JANUARY 31, 2024

The CTA was enacted as part of the Anti-Money Laundering Act of 2020 to provide Federal and State enforcement agencies with more comprehensive information about small and shell companies to help control money laundering and terrorist financing activities. The CTA Report must contain specific information about the Reporting Company.

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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 Non-Fungible Tokens 105

Technology & Marketing Law Blog

MAY 27, 2023

The court summarizes the case: “plaintiffs allege that YouTube has violated the copyright laws by withholding broad access to Content ID… Plaintiffs also allege that YouTube automatically strips metadata out of uploaded videos, including copyright management information (CMI), which makes it harder to catch infringing conduct.”

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Ownership Licensing Copyright Fair Use 75

TorrentFreak

OCTOBER 19, 2022

The successful prosecution of Mangabank’s operator in China this summer was preceded by an ex parte application designed to reveal his identity. At a district court in California, the publishers requested an order requiring Google and others to hand over relevant information for subsequent use in a foreign proceeding ( 28 U.S.

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The TTABlog

JANUARY 3, 2024

34: TTAB Dismisses Monster Energy's Section 2(d) Claim On Summary Judgment Due to DIssimilarity of Design Marks Precedential No. 5: TTAB Finds ICE MONSTER & Design Confusable With MONSTER ENERGY for Restaurant Services Section 2(e)(1) - Mere Misdescriptiveness: Precedential No. [Good luck with that.]

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Registration Ownership Trademark Design 85

Erik K Pelton

AUGUST 10, 2020

Even if there are questionable potential conflicts, you want to know about them because that might inform your strategy in the application process and we’ll get to more on that later. Another important aspect of the trademark application is asserting the proper ownership of the application. It’s actually the opposite.

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Kluwer Copyright Blog

NOVEMBER 6, 2024

According to this provision, Berne states are not obliged to grant copyright protection to works that originate from a country that does not itself provide for copyright protection of industrial designs. 17 Design Directive, Art. 96(2) Design Regulation). The second argument is equally questionable.

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Plagiarism Today

JANUARY 4, 2023

billion) fine over allegations that the company abused its ownership of the Android mobile operating system to unlawfully push its other products. Furthermore, as I noted in my previous piece about the glyphosate, attribution is information. Google, like many tech companies, is facing increased scrutiny from international regulators.

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The IPKat

MARCH 12, 2024

Eleonora Rosati informed readers of the upcoming Fashion Law London event on AI in Fashion. The launch of ‘Le sac Swoosh’ (or ‘The Swoosh bag’) in February raised an eyebrow from art director and graphic designer Davide Perella, who shared his version of a concept Nike bag in 2020.

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Sander Law

OCTOBER 5, 2020

Patents, Trademarks, Designs, Copyright) to another person or company through an IP Assignment. from a sole proprietor to a corporation) or changes its name , you should use an IP Assignment to formally transfer the ownership of the IP from the old company name to the new one. Employees & IP Ownership. Chain of Title.

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IP Ownership Inventor Contracts 59

The IPKat

DECEMBER 13, 2021

First, an inapt analogy to accessio, an aspect of which deals with “ownership of the progeny of animals or the treatment of fruit or crops produced by the labour and expense of the occupier of the land (fructus industrialis)”. Possession of information (non-rivalrous) does not. Secondly, Abbott relies upon policy considerations.

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The IPKat

NOVEMBER 4, 2021

This Kat would like to join the petition for footnotes to no longer require last access date information. And then, in the first paragraph the author powerfully states: Our society has been accustomed to the proprietarian justification on information and knowledge and ignored the instrumental nature of IP.

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Intellectual Property IP Ownership Law 141

TorrentFreak

JANUARY 27, 2023

These nerdy fashion items have largely gone unnoticed by the general public, but Google was recently informed about this viral activity through a series of takedown requests. Again, the takedown requests target several stores that sell clothing with a print of this meme, with ‘Musk’ claiming ownership of the memes themselves.

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Design Designs Copyright Law Reporting 131

IP.com

OCTOBER 2, 2024

IP encompasses a wide range of intangible assets, including inventions, trademarks, designs, and trade secrets. Trade Secrets: Protect confidential business information, like recipes or manufacturing processes. Design Rights: Protect the visual design of products. Ready to take your IP strategy to the next level?

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IP Intellectual Property Cease and Desist Confidentiality 52

Intellectual Property Office Blog

APRIL 30, 2021

IP assets can also include innovative technology, know how, designs and secret recipes. You can learn more about IP rights with our IP Equip e-learning tool: four simple modules covering the basics of copyright, designs, trade marks and patents. Ensure that your IP ownership can be proved.

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Intepat

JUNE 19, 2023

The various forms of intellectual property are already well known- trademarks, patents, copyrights, industrial designs, trade secrets, domain names and geographical indications. Things to Keep in Mind Maintaining Secrecy – Only inventions and designs which are not previously disclosed can be registered for patents and industrial designs.

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The TTABlog

SEPTEMBER 11, 2023

The wording “MAD MONSTER” personalizes the general idea of a monster and changes it, with assistance from the alliteration and, for the design marks, the portraiture, into a specific character. The additional word “PARTY” suggests a gathering of such creatures.

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The IPKat

OCTOBER 22, 2024

While there was no dispute regarding the terms of copyright ownership, reproduction, and making available to the public, the German Supreme Court discussed the plaintiff’s implied consent. IP opportunities, events, and news Eleonora Rosati informed the readers about IP events and opportunities in the latest Saturday Sundries post.

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The TTABlog

JANUARY 5, 2024

The Board looked to decisions that analyzed the inherent distinctiveness of trade dress used with a variety of services, not just building designs: the “Cuffs and Collars” costume in Chippendales and the monster truck design in Frankish. The Board’s conclusion was “further supported” by the Seabrook test for inherent distinctiveness.

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The IP Law Blog

MARCH 4, 2024

UPDATED 3/04/2024 On March 1, 2024, a lower Alabama federal court held that the Corporate Transparency Act, which requires certain businesses to file a BOI Report with FinCEN that includes information about their beneficial owners, is unconstitutional. The CTA Report must contain specific information about the Reporting Company.

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LexBlog IP

JANUARY 31, 2024

The CTA was enacted as part of the Anti-Money Laundering Act of 2020 to provide Federal and State enforcement agencies with more comprehensive information about small and shell companies to help control money laundering and terrorist financing activities. The CTA Report must contain specific information about the Reporting Company.

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Reporting Business Ownership Registration 52

Garrigues Blog

MARCH 2, 2023

The national office sends the documentation to WIPO in Geneva which then notifies the national offices of the countries designated (national phase). Necessary information for the application Details of the application for or registration of the basic mark in one of the member countries of the Madrid System.

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