Kluwer Copyright Blog

NOVEMBER 5, 2024

Using WIPO’s words : “ AI-generated” and “generated autonomously by AI” are terms that are used interchangeably and refer to the generation of an output by AI without human intervention. This is not to say that prompts should qualify as preparatory design work. However, the difference is relevant.

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Copyright Design Designs Copyright Law 72

Garrigues Blog

MARCH 4, 2025

When tech giants turned to virtual worlds in 2021, haute couture designers did not hesitate to design digital clothing for avatars and open stores on these platforms. NFTs in turn played a key role in digital fashion, making it possible to certify the authenticity and ownership of virtual apparel.

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Non-Fungible Tokens Branding Brands Branding 52

Intepat

JUNE 13, 2024

Introduction Design piracy, particularly in the context of registered designs, poses significant challenges in today’s industrial landscape. According to the Indian Design Act of 2000, only those designs that are functional or used as artistic or property marks are not eligible for protection.

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Designs Design Branding Brands 52

Olartemoure Blog

JANUARY 11, 2024

Tokenization refers to the process of creating digital tokens that represent ownership of an asset. The assets can be physical or digital, and tokenization allows for fractional ownership of assets, making it easier for investors to buy and sell them. Tokenization of IP assets has several benefits.

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IP Ownership Intellectual Property Licensing 104

Technology & Marketing Law Blog

AUGUST 5, 2022

This is a case focusing on ownership of social media accounts. The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. The district court initially punted on the ownership question. She also pointed to anecdotal references by JLM employees to the accounts as Ms. Teamsters Loc.

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Social Media Ownership Business Brands 119

Erik K Pelton

AUGUST 10, 2020

Another important aspect of the trademark application is asserting the proper ownership of the application. But an application with incorrect ownership could be null and void or worthless, so it is important to get the ownership correct. I often refer to it as a long and winding road. It’s actually the opposite.

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Trademark Ownership Social Media Editing 130

CopyrightsWorld

MARCH 1, 2021

Since you are reading this article you’re most likely either a designer working on brand identity and logos, or a business owner. A logo copyright protects a creative design or an expression of an idea, while a logo trademark protects things that identify a business on the marketplace. Copyright © vs. Trademark ®. Copyright ©.

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Trademark Copyright Ownership Intellectual Property 98

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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Social Media Ownership Designs Design 105

Kashishipr

APRIL 13, 2022

To put it straightforwardly, the Metaverse refers to an immersive digital space in which users interact with different people and things by using digital avatars. NFTs may refer to the digital goods or specific pieces sold in the Metaverse. These are non-fungible, implying that they are unique and can never be replaced by something.

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Intellectual Property IP Non-Fungible Tokens Brands 116

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. Marcel Pemsel analysed three parallel cases ( I ZR 139/23 , I ZR 140/23 , and I ZR 141/23 ) on the copyright protection of a wallpaper.

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IP Copyright Editing Ownership 68

The IPKat

MAY 12, 2024

The dispute concerned the geographical indication "Salaparuta" for Sicilian wine, which received protection in Italy in 2006, and then was registered as a Protected Designation of Origin (PDO) by the European Commission in 2009. The wine brand had been around since the nineteenth century but changed ownership a few times.

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Registration Brands Branding Branding 68

43(B)log

FEBRUARY 3, 2023

Christine Farley, Authenticity and Design: Why sell a chair for 10x a visually identical chair? Sometimes the replication is exact; design claimants say they’re made with cheaper materials and practices, but midcentury modern design aimed for cheapness and access: the idea that more people can have it now would be a good not a bad.

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Designs Design Design Patent Brands 59

TorrentFreak

JANUARY 27, 2023

The image shared in the tweet is a ‘bots’ meme, referring to Musk’s attempt to reduce bot activity on Twitter. 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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Designs Design Copyright Law Reporting 140

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.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

LexBlog IP

MARCH 28, 2022

Trade mark ownership is an important consideration for any business. Unfortunately however, while seemingly obvious, the concept of ownership is sometimes overlooked and can be more complex than originally imagined. Even font designs can attract specific intellectual property rights. At this point, it may be too late!

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Ownership Intellectual Property Content Creation Business 52

SpicyIP

AUGUST 9, 2021

In this post, I will be analysing the recommendations pertaining to the amendment of patent laws in order to facilitate inventorship and ownership by AI. Recommendations vis-à-vis Inventorship and Ownership. Granting AI inventorship and ownership, is not as simple as amending a few provisions in the patent law.

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Inventor Invention IP Ownership 122

IP and Legal Filings

MARCH 30, 2024

The integration of technology within the domain of art design has provided artists with unprecedented possibilities to conceptualise and implement interactive and immersive experiences. This blog explores the ownership and authorship dilemma that arises at the intersection of AI-generated art and Thaler v.

Ownership 52

Ownership Copyright Law Copyright Artwork 52

The IPKat

FEBRUARY 17, 2022

As early as in Sarony (a seminal case concerning copyright protection of photographs), the US Supreme Court referred to authors as human. Secondly, the doctrine is about ownership, not existence of a valid copyright. The phrase ‘original works of authorship’ under §102(a) of the Act sets limits to what can be protected by copyright.

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Copyright Artistic Work Copyright Law Contracts 145

IP and Legal Filings

JANUARY 16, 2025

That is no longer true, because of digitization of financial records that makes it easier to track financial wealth while real estate ownership is tracked by government. It is often argued that in countries like India, a wealth tax is not administratively feasible, and would cost more to administer than it would deliver in revenues.

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Government Ownership Business Design 99

Intepat

NOVEMBER 3, 2024

Orphan Works Orphan works refer to works for which the copyright holder is unknown or untraceable. In such cases, ownership may be attributed to the publisher or another designated entity. Like pseudonymous works, anonymous works are also granted a 60-year copyright duration from publication.

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Copyright Moral Rights Ownership Publishing 52

The IPKat

JULY 17, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams , PhD researcher in the fields of copyright and dispute system design at the University of Antwerp, regarding copyright ownership of Nigeria’s re-adopted national anthem. Is the national anthem in the public domain?

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Copyright Public Domain Government Ownership 120

Nelligan Law

AUGUST 8, 2022

For example, a copyright will help keep your ownership over artistic creations (like songs or videos). Your employer could attempt to gain the intellectual property rights for your creation, drastically shifting ownership (and revenue) of your work. Why is IP important? So, why does any of this matter? Non-compete.

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Intellectual Property Invention Ownership Contracts 104

Technology & Marketing Law Blog

NOVEMBER 21, 2021

The board says the unregistrable emoji animations “include a familiar heart design and some very minimal amount of motion, which is de minimis and thus unprotectable by U.S. The red color adds to the familiar and predictable nature of the heart designs. copyright law. As the heart breaks, it tilts to the right. Marc Jacobs.

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Copyright Registration Fair Use Designs 126

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

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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Intellectual Property Contracts Ownership Invention 98

IP and Legal Filings

MAY 10, 2024

Further Trademarks Act, 1999 and Designs Act, 2000 allow licensing of trademarks and designs respectively. Assignment of License is transfer of ownership. Where licensing is temporary, assignment is a transfer of IP rights like ownership over the invention. REFERENCE Intellectual property and technology transfer.

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Intellectual Property Technology Licensing Invention 105

Kluwer Copyright Blog

JUNE 20, 2023

The First Sale Doctrine in the Metaverse The first sale doctrine, also referred to as the ‘ principle of exhaustion’ , is a longstanding tenet of copyright (and more in general intellectual property) law. In this part II we discuss two additional aspects, with a focus on UK copyright law and the EU copyright acquis.

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Artwork Contracts Ownership IP 98

Technology & Marketing Law Blog

MARCH 15, 2022

That’s by design–the DMCA was designed to resolve matters outside of court. Looking at the reference images, the copyright owner appears to be overclaiming its rights to depict green sage leaves. Now, imagine the rightsowner also overclaimed trade dress protection for its sage leave design.

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Copyright Fair Use Cease and Desist Litigation 134

The IPKat

JANUARY 2, 2022

The analysis also referred to a pending case before the CJEU dealing with Community design law ( EUIPO v The KaiKai Company Jaeger Wichmann | C-382/21-P) and other EU trade mark cases from 2021. The author presents a case pending before the Supreme Court Patent that addresses this question ( Olaf Sööt Design, LLC v. 21-438).

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Blogging IP Non-Fungible Tokens Cease and Desist 126

IPilogue

MARCH 28, 2023

Accordingly, San Antonio filed a complaint for trademark infringement, trademark dilution, and false designation of origin. they can designate a person in the U.S. Foreign infringers are increasingly popular and on marketplaces that verify IP ownership, such as Amazon. They did so under s. 1051(e) which allows U.S. lawsuit.

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Trademark Government Ownership Design 105

SpicyIP

OCTOBER 14, 2024

Levi Strauss And Co vs Dinesh Sharma on 26 September, 2024 (Delhi District Court) Image from here The plaintiff sought a permanent injunction against the defendant for infringing on its trademarks, including “LEVI’S,” the “Two Horse Logo,” and the “Arcuate Stitching Design.”

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Trademark Registering Trademarks IP Copyright 105

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.

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Music Copyright Ownership Copyright Law 103

The IPKat

DECEMBER 16, 2021

While Morison branded its medicine with the generic “PARACETAMOL”, with reference to its registered trademarks “MSJ” and “MORISON” on the packaging, CPL used the name “CONPHAMOL”. CPL had a registered trademark in the word “Conphamol” and the design of the product packaging.

Copyright 90

Copyright IP Ownership Copyright Infringement 90

TorrentFreak

SEPTEMBER 25, 2024

The site is designed to be user-friendly while remaining resilient to enforcement measures. While site blocking by residential Internet providers is mentioned in reference to other countries, ISP blocking is not part of the injunction itself.

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Publishing Copyright Infringement Social Media Copyright 144

The IPKat

NOVEMBER 22, 2022

Corpus mysticum Vs. Corpus mechanicum We all know, and in particular the owners of paintings and other artworks should know, that the ownership of a material medium in which an original work, for example, a painting, has been incorporated, does not confer any copyright on such work. We will have to wait until the final judgment is issued.

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Artistic Work Artwork Public Domain Art 144

The IPKat

AUGUST 17, 2022

No business or individual should have the right to claim ownership of these words, or any words and phrases that are unique to the Welsh language (or refer to any aspect of Welsh ness, such as 'welsh cake'). It is a living, historic, entity, that is beyond the scope of the Intellectual Property Office.

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Social Media Registration Intellectual Property Ownership 137

IP and Legal Filings

JANUARY 22, 2024

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge. Economics & Law , 14. Atanasova, I.

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Ownership Copyright Fair Use Intellectual Property 52