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court declines to drop hammer on competing game despite registrations

43(B)log

This seems wrong to me—like holding a skateboard nonfunctional because you can also use roller skates if you want personal wheels, or the Dippin’ Dots ice cream configuration nonfunctional because one can eat regular ice cream instead—but does provide a nice illustration of the importance of market definition to functionality determinations.

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Movie titles and character titles as trade marks? Nigeria's Trade Marks Tribunal weighs in

The IPKat

A recent dispute in Nigeria over trade mark registration and possible proprietorship over a movie title and a title character has brought to the fore questions regarding the processes and procedures at the Trade Mark Registry and whether movie titles and title characters without more should be registrable as trade marks in Nigeria.

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Institute of Directors v. Worlddevcorp Technology and Others : Delhi High Court cautions against the tendency to monopolise common words as trademarks

SpicyIP

The plaintiff used the mark for running an institute, conducting events, networking and other associated activities. Relief against infringement is available, under Section 28(1), only to the holder of a valid registration in a trade mark.” No monopoly can be claimed by the registrant of such a mark.

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Protection of Intellectual Property (IP) in the Metaverse

Kashishipr

At present, with the immense growth of interconnectivity, along with digital experiences creating augmented reality and virtual reality, many digital marketers and technology experts have given the term ‘Metaverse’ to these new spheres of human interaction. Market Reach & Presence. IP Challenges in the Metaverse.

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Shielding Innovation: Understanding Copyright Protection for App Developers and Their Software

Intepat

Introduction With the rise of the mobile application industry, India emerges as a highly profitable market, witnessing over twenty-eight billion downloads in 2022, accounting for 5% of the total global downloads. Deterrent to Infringement – A copyright registration could act as a deterrent against potential infringement.

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Messerschmidt v. Zen City Academy LLC

BYU Copyright Blog

As a consequence, Messerschmidt asserts that this alleged practice has adversely affected the market for his photographs, thus causing harm to his professional interests.One aspect of the case that remains unclear is how the Academy acquired Messerschmidt's photographs without his consent.

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Thaler v. Shira Perlmutter, et al.: The Intersection of Human Control Over Artificial Intelligence and Human Authorship as a Necessary Requirement of Copyright

LexBlog IP

This decision raises many issues regarding copyright ownership that will require further court involvement and/or policy reform. The primary challenge arising from AI-generated artwork pertains to copyright existence and ownership. Thaler was unsuccessful with obtaining a copyright registration for the AI-generated artwork.

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