SpicyIP

APRIL 29, 2023

Companies are therefore required to take extreme caution while sharing technical know-how, confidential information, designs, concepts, innovative formulas, business strategies, drawings etc. As a result, employers are eager to take the necessary safety precautions to protect such confidential data and information from being misused.

Confidentiality 130

Confidentiality Contracts Public Domain Marketing 130

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

TorrentFreak

DECEMBER 21, 2022

This week the Copyright Office presents its conclusions, which are also shared with Senators Tillis and Leahy in two letters. 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. Tweaking the DMCA.

Copyright 138

Copyright Fair Use Public Domain Government 138

Kluwer Copyright Blog

FEBRUARY 8, 2023

On the flipside, the internal market goal’s flexible mechanics have allowed the EU legislator to present (and pass) numerous copyright measures. 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.

Marketing 116

Marketing Marketing Copyright Copyright Law 116

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 62

Reporting Copyright Public Domain IP 62

SpicyIP

OCTOBER 23, 2024

Apart from the directions regarding the appointment and designated remuneration of the IE, the IPRD may give the IE such appropriate power to perform such examination or inspection or experiments or tests as may be necessary and for the designated costs. Now to critique the present rules.

Intellectual Property 116

Intellectual Property IP Confidentiality Copying 116

Intepat

DECEMBER 18, 2024

However, if Podcaster B uses Podcaster As original script, sound design, or other creative elements, this could be considered copyright infringement under Section 51 of the Copyright Act, which grants exclusive rights to the author of a work and prohibits its unauthorized use. Acuff-Rose Music, Inc.

Licensing 52

Licensing Copyright Public Domain Music 52

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 57

Trademark Public Domain Copyright Cease and Desist 57

The IPKat

SEPTEMBER 16, 2024

The content is based on research presented at the Fifth Annual Workshop on Intellectual Property Rights in Szeged in April 2021, offering perspectives that are pertinent for those involved in the ongoing discourse around international IP law. The final part addresses IP harmonization in the context of other emerging technologies.

Intellectual Property Law 62

Intellectual Property Law Intellectual Property Law Public Domain 62

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. Defendant had not obtained the Deposit Design from the Copyright Office. Defendant had not tried to find out why Amazon kept reinstating Plaintiff’s listing.

Registration 132

Registration Fair Use Copyright Design 132

Biswajit Sarkar Copyright Blog

MARCH 6, 2024

Prior art, the term mostly used during patent applications, is used to describe all information available in the public domain before the priority or filling date of the patent application. Academic researchers play an important role, as most of the time, they are concerned about publication, not patents.

Art 52

Art Patent Public Domain Invention 52

IP and Legal Filings

MAY 13, 2024

ChatGPT, Gemini, Copilot, and Midjourney are some examples of generative AI tools that are presently in use. 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.

Copyright 95

Copyright Intellectual Property Ownership Technology 95

Kluwer Copyright Blog

DECEMBER 17, 2023

For the last few months, I have been wondering if our belief in “fair dealing” (or broadly, “limitations and exceptions”) has silently slipped into our “faith” in it – a faith that demands complete surrender to it while blinding us to the harm it covertly causes to the public domain. Or, as Prof.

Fair Use 64

Fair Use Public Domain Copyright Litigation 64

The IPKat

MAY 3, 2022

The sheer number of ‘Metaverse-related’ filings already present on the register indicates that brands are determined to secure their protection early. Pictures in the lower middle are in the public domain. ESRT Empire State Building, L.L.C. Picture on top middle is by Riana Harvey, who grants permission for its use.

Non-Fungible Tokens 100

Non-Fungible Tokens Branding Brands Branding 100

SpicyIP

APRIL 17, 2023

To Be or Not To Be (Design): Calcutta HC Sways Against Trend of Denying Design Registrations Over GUIs Image from here Can a GUI be regarded as a Design? In what follows, Rahul Bajaj sets out the key arguments of the parties and the holding of the court, along with his analysis of the judgment.

Advertising 105

Advertising Advertising Confidentiality Trademark 105

Kluwer Copyright Blog

APRIL 18, 2024

But the present draft clearly reaches such content. [2] No amendment offered in public session. If a 3 -step test is included, it could be designed to expand the flexibility, not shrink it. The use of the term “traditional” broadcasting was meant to restrict the treaty from regulating “webcasting” or other Internet-born content.

Public Domain 69

Public Domain Contracts Copyright Licensing 69

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

Kluwer Copyright Blog

JUNE 1, 2023

The members of the European Copyright Society (ECS) take the liberty of addressing this letter to you in your capacity as Commissioner with responsibility for the EU copyright policy, with the intention of presenting to you what we see as priorities for future action.

Copyright Law 116

Copyright Law Copyright Law Art 116

IP Intelligence

APRIL 18, 2023

SAS created a suite of software programs, known as the SAS System, used in data access, management, analysis and presentation. SAS also claims WPL copied its ‘Output Designs,’ which are the result of applying Input Formats to user data.” Maybe the Input Formats and Output Designs are copyrightable. Maybe they’re not.

Copyright 98

Copyright Fair Use Copying Public Domain 98

Greenspoon Marder LLP

SEPTEMBER 18, 2018

That, in essence, is the question presented to the United States District Court for the Northern District of Illinois last week. 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.

Public Domain 52

Public Domain Branding Brands Branding 52

SpicyIP

NOVEMBER 15, 2022

In the present case the Assignor (Defendant no. The Court agreed with the reasoning of the Appellant and passed this order with the caveat that any eventual objections to the mark should be considered without being influenced by the present order. Mahindra Roxor can face a permanent ban in the USA over design infringement.

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. In a 2020 consultation , the government sought to broadly understand the implications of AI for IP. Text and data mining (TDM).

IP 75

IP Inventor Invention Intellectual Property 75

Patently-O

FEBRUARY 5, 2024

Constitution and the Patent Act prohibit design patents on ordinary innovations.” Justice Douglas goes on: It is worth emphasis that every patent case involving validity presents a question which requires reference to a standard written into the Constitution. 147, 156 (1950). John Deere Co. of Kansas City , 383 U.S.

Law 45

Law Public Domain Design Patent Invention 45

IP and Legal Filings

JUNE 27, 2022

Predominantly, IPRs have been categorized as- Patents, Trademarks, Copyrights, Designs, Geographical Indications, Layout Designs of Integrated Circuits, Plant Variety Protection and Trade Secrets. Section 2(1)(l) determines non-anticipation of any publication in any document in public domain.

Intellectual Property 52

Intellectual Property Invention Public Domain IP 52

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. The existing UK protection for computer-generated works.

IP 64

IP Public Domain Copyright Intellectual Property 64

IP Intelligence

APRIL 24, 2023

Under this heightened standard, it seems likely that the output of the investments in creating care pathways, and other similarly situated stakeholders, would be considered by the Copyright Office to be public domain. 2018) (citing Design Data Corp. Rearden and Design Data , together with Torah Soft Ltd. Merkin , 791 F.3d

Ownership 98

Ownership Copyright Registration Public Domain 98

Kluwer Copyright Blog

NOVEMBER 6, 2023

This thesis is supported by the curious failure of the United Kingdom’s Copyrights, Designs and Patents Act of 1988 ( CDPA 1988 ) to protect “computer-generated works.” In the most minimalist English definition, originality designated something originating from the author, which he can claim as his own expression (see Rahmatian ).

Copyright Law 69

Copyright Law Copyright Public Domain Artistic Work 69

SpicyIP

JANUARY 2, 2022

The present case clarified that there is a distinction between cases directly arising from IPR issues and those arising from indirectly connected matters. The present order dealt with the application filed by Pepsico for a ‘new variety’ of potatoes, used for its Lay’s chips. Top 10 Judgments/Orders [Jurisprudence/Legal Lucidity].

IP 143

IP Intellectual Property Copyright Trademark 143

SpicyIP

NOVEMBER 16, 2023

But in the present case, the court did not consider whether the concept was sufficiently elaborated upon or not in the concept note but rather held the note to be unoriginal on the basis of the similarity of Hulm Entertainment’s app i.e. its adapted work, with other apps.

Copyright 59

Copyright Marketing Marketing Copying 59

IIPRD

NOVEMBER 23, 2022

The evolution of quantum computing technology presents many legal regulatory questions. The reason is that the latter is a part of public domain and will be open-sourced. These advancements are of great area of interest to societies, businesses, international organisations, governments etc. billion by 2027.

Intellectual Property 40

Intellectual Property Technology Intellectual Property Law Government 40

43(B)log

FEBRUARY 22, 2022

3) Implementation can present resource challenges for smaller platforms/platforms w/ few infringement challenges. Designed to be freely available licensed or public domain; we occasionally use fair use images where no free image is available, such as when a famous work has been destroyed.

Copyright 45

Copyright Fair Use Music Licensing 45

LexBlog IP

APRIL 18, 2023

SAS created a suite of software programs, known as the SAS System, used in data access, management, analysis and presentation. SAS also claims WPL copied its ‘Output Designs,’ which are the result of applying Input Formats to user data.” Maybe the Input Formats and Output Designs are copyrightable.

Copyright 52

Copyright Fair Use Copying Public Domain 52

43(B)log

JUNE 24, 2022

Other IP rights: utility patent creates presumption of functionality; wonders about whether presence of non-TM IP protection for ornamental features—design patent, ©--might create a presumption of mere ornamentality w/o further evidence of source signification. Every figurative TM will be protected by ©/design, built into the system.

Trademark Law 75

Trademark Law Law Trademark Registration 75

43(B)log

AUGUST 11, 2022

A business code communicating within a community designed to be closed. If public function, no, but if private, yes. A: author of Esperanto consigned it to the public domain. Authors have options: they can surrender to the public; they can assert complete control; or something in between. Merger is off the table.

Ownership 80

Ownership Moral Rights Copyright Branding 80

43(B)log

FEBRUARY 19, 2022

The Ninth Circuit has adopted Rogers but tinkered with what counts as “explicit” falsehood, holding that some non-explicit content might qualify as explicitly false if there’s nothing else present that allows consumers to identify the true source of an expressive work. What to do next? As expert in the field, people come to her for advice.

Trademark Law 72

Trademark Law Trademark Art Branding 72

LexBlog IP

APRIL 24, 2023

Under this heightened standard, it seems likely that the output of the investments in creating care pathways, and other similarly situated stakeholders, would be considered by the Copyright Office to be public domain. 2018) (citing Design Data Corp. Rearden and Design Data , together with Torah Soft Ltd. Merkin , 791 F.3d

Ownership 64

Ownership Copyright Registration Public Domain 64

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. billion) as this is the reason for its global importance.

Technology 52

Technology Patent IP Invention 52