The IP Law Blog

SEPTEMBER 28, 2023

The plaintiff owns copyright registrations for its Second Holy Temple Product and its photograph of its Second Holy Temple Product (the “Copyright Registrations”). Under the Copyright Act of 1976, a copyright registration creates a rebuttable presumption that the copyright is valid.

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Michael Geist

APRIL 13, 2022

As a result, there will be a two decade moratorium on new works entering the public domain, creating an enormous negative impact on access to Canadian culture and history for a generation. To withhold their works from the public domain for decades represents an enormous collective loss to our culture and heritage.

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JD Supra Law

JANUARY 15, 2024

As of January 1, 2024, several famous works have lost their copyright protection and entered into the public domain. For many companies with identifiable characters, preserving and extending their copyright protections is a top priority. By: Morgan Lewis - Tech & Sourcing

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Michael Geist

APRIL 27, 2022

While the government is not making the change retroactive (meaning works currently in the public domain stay there), no one seriously expected that to happen. The registration system would also greatly decrease, if not eliminate, the number of orphan works during the 20-year extension.

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Intepat

APRIL 18, 2022

Whereas, the copyright registration certificate will be valid proof against the infringer. Hence, copyright registration will signify the work is inaccessible to competitors. Furthermore, if there is a copyright registration certificate, the court can provide the owner with the costs of suit and attorney fees at its discretion.

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Copyright Lately

MAY 13, 2022

That’s why the 1925 novel “The Great Gatsby” didn’t enter the public domain until 2021. But Hawley’s bill has nothing to do with forcing that 1928 short film into the public domain. It wasn’t a Disney work. Neither is 1948’s The Babe Ruth Story.

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Michael Geist

DECEMBER 14, 2021

The additional 20 years could cost Canadian education millions of dollars and would delay works entering the public domain for an entire generation. Indeed, Canada long resisted extending the term of copyright given the absence of a strong economic or policy rationale for doing so.

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The IPKat

NOVEMBER 14, 2022

Banksy's Laugh Now But One Day We’ll Be In Charge A while ago The IPKat reported [ here and here ] on a string of cancellations of elusive artist Banksy ’s EU trade mark (EUTM) registrations relating to some of their best-known artworks. The reason?

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Intepat

NOVEMBER 20, 2023

While copyright protection is inherent, it is noteworthy that the formal registration of copyrights provides additional advantages to the owner or author. In this article, we delve into the intricacies of these advantages and explore the requisite documentation necessary for the effective registration of copyrights.

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IPilogue

DECEMBER 10, 2021

Relying on Twin Books Corporation v Walt Disney Company ( Twin Books ), Bundy argued, “a foreign publication of a foreign work, before January 1, 1978, without notice of United States copyright, did not put the foreign work into the public domain in the U.S.”. They brought evidence of U.S. They brought evidence of U.S.

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The IP Law Blog

APRIL 6, 2023

On March 16th, the US Copyright Office issued a policy statement regarding the registration of works that contain material generated by artificial intelligence (AI) technology. Works produced by mechanical processes or random selection without any contribution by a human author are not registrable.

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The IPKat

OCTOBER 4, 2021

In 2000, Nestlé filed an application with the Swiss Trademark Office for registration of a 3D trade mark in class 30 for coffee, coffee extracts and coffee preparations. Picture on bottom left is in the public domain. The Office registered the mark based on acquired distinctiveness. Nestlé appealed to the Federal Supreme Court.

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LexBlog IP

APRIL 5, 2023

There has been quite a bit of debate around the registrability of GUIs under industrial design law in India. While the Designs Act, 2002, recognised protection for GUIs, the Indian Patents Office has been reluctant to grant registration to GUIs. The subject design is original and has never been in the public domain.

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SpicyIP

APRIL 18, 2025

It concluded the design was primarily functional, so the toothbrush design was not entitled to design registration. Indias approach of a bright-line 50 copies rule and mandatory design registration for longer protection is a relatively strict but clear policy choice. Similarly, the Madras High Court in TAFE v. Countries like the U.S.

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The IPKat

APRIL 30, 2024

Through a comparative lens he showcased the registration trends over the recent years in the examples of US, China and Hungary. Anastasiia Kyrylenko, our GuestKat, exploring the case of subsequent overlap between trademark and copyright protection and its implications for the public domain.

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The TTABlog

MARCH 2, 2022

In round two of what one person (me) dubbed the "Tinker Bell Fairy Fracas," the CAFC affirmed the Board's decision [ TTABlogged here ] sustaining a Section 2(d) opposition to registration of TEEN TINKER BELL and TEEN TINK & Design for dolls. Tinker Bell" appeared as a character in J.M. Read comments and post your comment here.

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The IPKat

JANUARY 25, 2022

Its EUTM Registration No. EU Designation of International Registration No. Pictures of marks are in the public domain. On 3rd January 2020, Volkswagen Aktiengesellschaft filed an opposition against Pinball’s application for all of the goods and services applied for, claiming a likelihood of confusion with: 1.

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Dear Rich IP Blog

JANUARY 24, 2023

The published registration was renewed in a timely fashion. Or does failing to renew the unpublished version put the song in the public domain? If the copyright was renewed, it’s protected for 95 years from the first publication. If the music was published in 1950, it wouldn't become public domain until 2045.

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Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Many companies exploit renowned person identities without obtaining proper consent, leading intellectual property experts to advocate for the safeguarding of image rights through registration under Intellectual Property laws. An effective solution to address this concern is the formal registration of a celebrity’s name as a trademark.

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Dear Rich IP Blog

SEPTEMBER 16, 2020

My understanding is that all publicity photos taken back in the 1920s and 1930s were never copyrighted, therefore, in the public domain, especially if the photographer is unidentified. The application seemed doomed in February 2019, when the USPTO trademark examiner issued a final office action (FOA) denying registration.

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The IPKat

FEBRUARY 17, 2022

In this case, the UK IPO rejected a revocation action on the ground that the proprietor had put its registration to genuine use [decision here , No. sought EU protection for the trade mark shown below (the “ Masters Logo ”) for “ Gin, namely London Dry Gin ” in Class 33 under its International Registration.

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LexBlog IP

SEPTEMBER 28, 2023

The plaintiff owns copyright registrations for its Second Holy Temple Product and its photograph of its Second Holy Temple Product (the “Copyright Registrations”). Under the Copyright Act of 1976, a copyright registration creates a rebuttable presumption that the copyright is valid.

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Public Domain Copyright Copying Registration 52

Copyright Lately

AUGUST 25, 2023

Howell ruled last Friday that the Register of Copyrights did not act “arbitrarily or capriciously” in denying a copyright registration to Dr. Stephen Thaler for artwork generated entirely by artificial intelligence. Material that is in the public domain. In a decision that surprised exactly no one, D.C.

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Kashishipr

APRIL 20, 2022

The North American Free Trade Agreement defines a trade secret as “Information having commercial value, which is not in the public domain, and for which reasonable steps have been taken to maintain its secrecy.”

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IP Intelligence

AUGUST 15, 2023

The ability to separate out AI-generated content from the human content poses challenges at both the registration stage and the enforcement stage, with a set of related but distinct issues. 88 FR 16190. Zarya of the Dawn is a harbinger of such challenges for generative AI users.

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Kashishipr

MAY 25, 2021

However, there are a few additional benefits that are attached to the registration. It may not always prevent unauthorized copying; however, it may serve as a public notice by securing a public record in one’s favor. The process of seeking registration can be cumbersome and tedious. It can be used freely by anyone.

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Technology & Marketing Law Blog

JANUARY 25, 2023

After he was released from jail, he got copyright registrations for the photos and sued (pro se) the media entities for copyright infringement, 1202 violations, and more. In 2012, the FBI arrested Shah for extortion, which sparked news coverage. The court says that’s not what “by operation of law” means.

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Trademark and Copyright Law Blog

FEBRUARY 1, 2021

While Brexit created many questions and dilemmas that took years to sort out, for trademark attorneys the primary question was always: “What will become of UK protection for EU trademark registrations?” In 2019, that extension ran out, and 95-year-old works from the 1920s began to enter the public domain every January.

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The IPKat

JANUARY 20, 2024

PermaKat Eleonora Rosati will address how IP rights protect fictional characters through several case law examples, aiming to “answer whether, in the end, the only fictional thing is the notion of public domain”. Registration is open for the 2024 INTA Annual Meeting. More information here. Retromark: the conference is back!

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Intepat

APRIL 18, 2022

The copyright registration certificate will be valid proof against the infringer, and the creator can use it as prima facie evidence and claim damages. Hence, copyright registration will signify the work is inaccessible to competitors. However, you can opt for trademark registration. Inaccessible to competitors.

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Copyright Public Domain Registration Ownership 52

Kashishipr

DECEMBER 28, 2021

It implies that while a specific technology may be protected in the main markets of a company, it may lie in the public domain in some other countries. In most countries, they typically last for a maximum of 20 years, after which they lie in the public domain and can be freely used by anyone.

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The IPKat

NOVEMBER 30, 2021

Consequently, it found that “the sign whose registration is contested is clearly indissociable from the earlier PDO” (paragraph 44). Picture on the lower left is Jon Sullivan, who has released it into the public domain. Picture on the upper right is by Ceri Knott, who has granted right of reproduction.

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The IP Law Blog

JANUARY 12, 2023

If these materials show the use of trademarks, logos, or slogans that are not already the subject of a trademark registration or application, then these marks should be cleared for use to prevent unintended liabilities, and they should be considered for possible registration. . pending or issued registrations) and those that are not.

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The IPKat

OCTOBER 12, 2022

Title of a Single Creative Work The title, or a portion of a title, of a single creative work must be refused registration under §§1, 2, and 45 of the Trademark Act, …. and is not associated in the public mind with the publisher, printer or bookseller.")….As Trademark Manual of Examining Procedure (the "TMEP").

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IP and Legal Filings

JANUARY 29, 2024

An indication becomes generic when it returns to the public domain and is no longer protected in its country of origin or has ceased to be used there. This is stated in Section 9 of the Act, which forbids the registration of GIs that are determined to be generic names or indications of goods.

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Velocity of Content

JULY 8, 2021

Wall-Street.com , clarifying that – for the purposes of bringing infringement actions before a court – copyright registration of a work is not “complete” until the registration certificate for it comes back from the Copyright Office (to the person or entity who sent in the registration). Public Domain work.

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The IPKat

MAY 13, 2022

Registration for the event can be made here. The full programme is accessible on their website , where registration can be also made. 23 and 24 May: The International Conference of WIPO Intellectual Property Training Institutions (IPTIs), online. 27 May: European Copyright Society Annual Conference, Nottingham, UK.

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