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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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 Design Designs 93

IPilogue

JULY 15, 2021

Behind every costume is a designer whose vision and design breathes life into characters. But behind every designer, other figures may undercut and miscredit them. Disney’s Cruella , released in May 2021 , tells the story of two haute couture designers battling for recognition in the fashion industry.

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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

The TTABlog

DECEMBER 5, 2022

The Board sustained an opposition to registration of the mark DANA DESIGN in the form shown below, for backpacks, hiking equipment, tents, and related goods, on the ground that the mark comprises the name of a living individual, Dana Gleason, without his consent and is therefore barred from registration by Section 2(c) of the Trademark Act.

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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

The IPKat

JULY 23, 2024

Our Katfriend considered several aspects regarding copyright ownership. While the recent EU AI Act also referred to the text and data mining exception in Article 4 of the DSM Directive, concerns about AI development remain. Marcel Pemsel explored the recent case I-20 U 291/22 on the design for the housing of a car key.

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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 Branding 116

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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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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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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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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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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43(B)log

DECEMBER 6, 2023

The court found that the only reasonable interpretation of the contract was that “Work” referred to both the physical mural and the copyright. It is more than plausible 6th Avenue Corridor would have acquired the right to publicly display the mural—the only way possible to display the mural—along with physical ownership of the mural.

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Ownership Contracts Copyright Registration 69

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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IIPRD

JUNE 13, 2024

When artificial technologies are utilized for creating innovations, such as employing evolutionary algorithms for antenna design or engaging IBM Watson to produce music, IPR laws become relevant. AI is doing lots of creative work in the fields of animation, web apps, images, music, designing, and various other things.

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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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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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Design Designs Copyright Law Reporting 127

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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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 63

Kluwer Copyright Blog

NOVEMBER 11, 2024

4 of the Copyright Design and Patents Act 1988 ( CDPA ). Even if the Claimant’s garments had qualified for protection the Judge held that the Claimant had failed to demonstrate ownership and the infringement claim would have failed for that reason.

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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. 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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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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BYU Copyright Blog

APRIL 24, 2023

John's Central Academy, a private high school in Bellaire, Ohio, related to a new logo created by a former student, referred to as SW in court documents. John's approached SW to design a new logo and she invested numerous uncompensated hours into drawing and editing the logo until it was approved by the Board of Directors.

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Copyright Editing Privacy Ownership 52

IP and Legal Filings

JULY 9, 2024

Logo designs can be of just graphics or include the text or both graphics as well as text. Designs and Shapes Any recommended design that has a recognizable character and is not linked to the object’s functionality or purpose may be trademarked.

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The IPKat

MARCH 12, 2024

Trade Marks Marcel Pemsel commented on the legal issues that were recently referred to the CJEU by the German Supreme Court. 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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43(B)log

JULY 20, 2022

CC has a recent trademark registration for a design mark “consist[ing] of the stylized wording ‘COLOR COPPER.COM”, [with] a diamond shape between the wording ‘COLOR’ and ‘COPPER’ made up of four smaller diamonds, each diamond having a pattern inside of it,” COPPER.COM disclaimed. There’s no written agreement” will do it.]

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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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The TTABlog

OCTOBER 10, 2023

The similarities in the marks and the goods, "Opposer’s history of renaming and restructuring itself, combined with Opposer’s prior ownership of Applicant’s brass division, industry norms concerning legal entity changes," outweighed any purchaser sophistication. Seems like a nonsequitur to me - ed.

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The IPKat

AUGUST 2, 2024

Therefore, beyond a prior written agreement to that effect, individual members cannot claim ownership of the marks. The lack of bona fides regarding ownership does not automatically evidence clear mala fides in relation to the application. Instead, this provision refers to the motive or intention of the trademark applicant.

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Patently-O

FEBRUARY 12, 2024

2022), where the Federal Circuit held that the term “individuals” in the Patent Act refers only to human beings barring. Example: An engineer asks broadly asks an AI system to provide an improved product design that solves a known problem in the existing product. patents and patent applications. Vidal , 43 F.4th 4th 1207 (Fed.

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LexBlog IP

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. To avoid this risk, the Chinese market has created a different Chinese name for NFTs: Digital Collection (数字藏品, hereafter also referred as “DC”).

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IP Ownership Non-Fungible Tokens Copyright Law 52

Intepat

JUNE 19, 2023

Introduction Intellectual Property refers to those intangible assets which are created by virtue of the human intellect. The various forms of intellectual property are already well known- trademarks, patents, copyrights, industrial designs, trade secrets, domain names and geographical indications. The ownership is not transferred.

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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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Intepat

JUNE 15, 2023

Copyright is a form of intellectual property law designed to safeguard original works of authorship including literary, dramatic, and artistic works such as computer software, novels, architecture etc. To enjoy these sets of rights the determination of authorship and ownership of the intellectual property is vital.

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Copyright Intellectual Property Ownership Intellectual Property Law 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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LexBlog IP

APRIL 25, 2023

Presently, any person who sells the goodwill of a business or who disposes of their ownership interest or other specified assets in a business may agree with the buyer to refrain from competing in the geographic area in which the sale occurred. The bill has been re-referred to the Committee on Judiciary and set for hearing today, April 25.

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