Kluwer Copyright Blog

DECEMBER 5, 2022

As a result, AR may be attractive not only to potential users of the cultural heritage-related services, but also for market operators with commercial interests. However, as mentioned, AR can also be developed by third parties, and in particular by market operators that have no initial connection with bodies managing cultural heritage.

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Copyright Public Domain Art Moral Rights 103

Velocity of Content

APRIL 21, 2022

When I was a young reader, my mother used to buy me collections of “classics” — mostly 19 th novels in the public domain – that were out of copyright due to their terms having expired. Another aspect of such public domain classics might be phrased, “books that everybody values, and nobody pays for.”.

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Copyright Public Domain Publishing Marketing 40

Kashishipr

MAY 25, 2022

Before we delve into understanding the concept of Patent Search , let us first make ourselves familiar with the definition of a patent. Patent Rights exclude others in the industry or market from manufacturing, using, selling, distributing, or importing the patented product or process. 4) Validity/Invalidity Search.

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Technology & Marketing Law Blog

DECEMBER 27, 2023

His defense is that the work he used was free for all; after his victory, that work remains in the public domain for others to build upon. But none of those cases outright hold that there is a blanket rule for whether using a mark in a keyword purchase is definitively infringement or definitively not infringement.

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IP Advertising Advertising Copyright 73

The IPKat

NOVEMBER 14, 2022

a wise cat that care about environment kindly provided in CC0 Public Domain license by Pixhere.com) Having to make a selection among the many topics covered, this GuestKat finds it interesting to note that during the conference the EPO case G2/21 on 'plausibility', was repeatedly discussed from different angles.

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IP Marketing Marketing Confidentiality 76

Kluwer Copyright Blog

MAY 17, 2023

However, fragmentation is still caused by the oft-substantial difference in definitions, specificities and conditions of applicability. While flexibilities for uses by public authorities have very much nation-based, the introduction of Article 5(3)(e) InfoSoc has triggered some basic harmonization. Public domain.

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Reporting Copyright Public Domain Copying 52

The IPKat

FEBRUARY 21, 2022

The kitten looking for the return of trade secrets is CC0 Public Domain from [link] The first picture is "Cat in a box", by Greg Mote from Glendora, CA, USA - CC 2.0. 50 of 24.4.2017).

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Designs Design Patent IP 70

43(B)log

JUNE 24, 2022

PTO very occasionally recognizes this—weave pattern for Bottega Veneta, looked at the definition of the mark and said no one would notice the millimeter width of the weave. Which is the same as the problem of market definition, with which TM law has long grappled unsuccessfully and largely silently. F2F works pretty well.]

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain. Such inventions may be protectable under federal patent laws.

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IP Intellectual Property Social Media Cease and Desist 98

SpicyIP

NOVEMBER 16, 2023

This app, as they claimed, is unique in that it combines a stock market trading feature alongside fantasy gaming, something that they said was non-existent in the market prior to its app. The matter found itself back in court, before the Division Bench (DB), in less than a month though.

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Copyright Marketing Marketing Copying 59

LexBlog IP

JANUARY 16, 2024

In light of criticism following the announcement of the political deal – and renewed warnings that the AI Act risks will hamper innovation in the European market – there may still be room for debate over the final terms of the AI Act before ratification. [13]

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LexBlog IP

DECEMBER 14, 2023

1] In light of criticism following the announcement of the political deal – and renewed warnings that the AI Act risks hampering innovation in the European market – there may still be room for debate over the final terms of the AI Act before ratification. [2] See Open Future – GPAI Compromise proposal. [11] 13] Ibid. [14]

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SpicyIP

JANUARY 18, 2023

It is to be emphasised here that opposition proceedings are, by definition, meant to ensure that undeserved patents don’t get granted easily. The ultimate sufferer, in such a situation, would be the ailing public, who seek access to the product. ”.

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Patent Application Reporting Public Domain Patent 141

Kluwer Copyright Blog

DECEMBER 20, 2022

Nevertheless, the Berne Convention does not explicitly state that only original photographic works can be protected, nor does it contain any precise statutory definition of “originality”. By contrast, the technical quality and the content of the photograph are immaterial to the determination of the creativity threshold. Simple photographs.

Copyright 56

Copyright Related Rights Artistic Work Public Domain 56

LexBlog IP

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain. Such inventions may be protectable under federal patent laws.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

IP Intelligence

APRIL 18, 2023

Presumably afraid that a decision one way or the other would move financial markets and have unforeseen consequences, the Court assumed the declaring code was protected by copyright and decided the case on fair use. Of course, the Court did neither. Many Internet pundits have interpreted Oracle v. Chief Judge J.

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Copyright Fair Use Copying Public Domain 98

Kluwer Copyright Blog

DECEMBER 1, 2021

The main policy objective behind the consultation is “ to incentivise investment in AI development and to promote the use of AI for public benefit, whilst enabling competitive markets, consumer choice and fair access to IP-protected goods for the benefit of society ”. Option 1: expanding the definition of “inventor”.

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Kluwer Copyright Blog

MARCH 8, 2023

3 in fine ) and is, thus, unable to place other elements of the public domain, such as information and news, out of the reach of the PPR (see, Christina Angelopoulos, Comparative National implementation Report, p. 15 of the CDSMD. Unsurprisingly, the restriction of Art. More specifically, Art. 43bis I.aut.,

Publishing 52

Publishing Art Related Rights Marketing 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

If the work was published without proper copyright notice, the work entered the public domain. 101 ] The recorded interviews meet the definition: they are expressed in words, and they are embodied (and therefore “fixed”) in tapes or computer memory. For example, in Public Affairs Associates, Inc. ” [ 17 U.S.C.

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Copyright Blogging Publishing Fair Use 120

Technology & Marketing Law Blog

JUNE 20, 2023

Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. Addressing Factor 4, it asserted there was little or no market harm, because “time-shifting merely enables a viewer to see … a work which he had been invited to witness in its entirety free of charge.” ( Id. at 588, emphasis added).

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Fair Use Derivative Work Blogging Licensing 96

Kluwer Copyright Blog

JUNE 1, 2022

It was satisfied that the filtering obligations imposed on online content-sharing service providers (“OCSSPs”, see the definition in Article 2(6) DSMD) did not “disproportionately restrict the right to freedom of expression and information of users of those services” (para. The decision has already been discussed by a number of commentators.

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IP and Legal Filings

NOVEMBER 27, 2022

Representation – When the general public and its user associate the colour combination with the brand which in return intensifies the market value of the brand and prohibits others from utilising the goodwill of the brand in question. Do not serve merely as an ornamental or adorning purpose.

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Trademark Branding Brands Branding 52

Kluwer Copyright Blog

MARCH 29, 2022

By now, Article 15 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (CDSM Directive) needs no wordy introductions. Put briefly, the provision requires Member States to introduce a related (or neighbouring) right for press publishers, applicable to online uses of their publications.

Publishing 52

Publishing Related Rights Intellectual Property Law Public Domain 52

LexBlog IP

APRIL 18, 2023

Presumably afraid that a decision one way or the other would move financial markets and have unforeseen consequences, the Court assumed the declaring code was protected by copyright and decided the case on fair use. Of course, the Court did neither. Many Internet pundits have interpreted Oracle v. Chief Judge J.

Copyright 52

Copyright Fair Use Copying Public Domain 52

43(B)log

FEBRUARY 23, 2024

Sears/Compco said there was a right to copy things in the public domain; how did that go away? Only if you believe they’ll stick with their statement about the definition of “use in commerce.” Not clear why, but definitely doing it, e.g. in Romag. Where is the public interest being guarded in those statutes?

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Trademark Law Branding Brands 45

43(B)log

JUNE 24, 2022

Why not have it across all consumer markets? Beebe: East German TM regime encouraged colorful packages, tried not to fall further behind in the market. Art/not art serves social, market, political purposes; in TM, ornamental/not merely ornamental requires us to be explicit about values underlying that choice.

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Trademark Law Law Trademark Registration 75

SpicyIP

APRIL 24, 2022

They didn’t need permission to borrow from the public corpus or public domain. Definitely, I will not like somebody copying it without my permission. No faith in the free markets? But you’re right that there is some tension between free markets and IPR. Antilegend: Of course. grinning sarcastically ).

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IP Copying Intellectual Property Copyright 136

IP and Legal Filings

MARCH 14, 2023

A Short Description Of Traditional Knowledge Although the term “traditional knowledge” lacks a precise definition, it is commonly accepted that it refers to a wide range of information that has been created via traditional practises that are fundamental to Indigenous or traditional cultures.

Intellectual Property 52

Intellectual Property Journalism Ownership Higher Education 52

43(B)log

FEBRUARY 19, 2022

Gripers and Political Critics Cases involving criticism of ordinary commercial actors provide a fascinating contrast to both noncommercial speech sold in the market and to political and religious conflicts. TM bullying w/ a public domain quilt, claiming rights over “Dear Jane” as quilt/software. What to do next?

Trademark Law 72

Trademark Law Trademark Art Branding 72

43(B)log

JUNE 25, 2022

Standing: Right now the test is inconsistent—the real harm happens to other people in the market, not the abandoner. Jennifer Davis: market for brands is huge and ongoing. Nike does the same thing—we market Nike shoes, we don’t make Nike shoes. RT: I will never criticize a materiality test. Consumers don’t have a claim.

Trademark 56

Trademark Branding Brands Branding 56

Technology & Marketing Law Blog

JUNE 21, 2023

1125(c)(3)(C) is problematic, other parts of the Jack Daniel’s decision are definitely speech-protective. Arguably this type of expression should remain in the public domain available for use by everyone in connection with their goods or services unless it is protected by another intellectual property law.

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Trademark Blogging Trademark Law Fair Use 100

43(B)log

DECEMBER 20, 2022

I]t is a fact in the public domain that the 12 O’Clock Boyz are from Baltimore and ride in these specific locations,” as was “the presence of dirt-bike riders in the neighborhoods where they ride in real life” and “a scene of them riding in a group, as they do regularly.” The similarities in setting, theme, etc.

Fair Use 52

Fair Use Trademark Copyright Editing 52

Barry Sookman

MAY 4, 2020

patent statute including the definition of “inventor” which means “the individual or, if a joint invention, the individuals collectively who invented or discovered the subject matter of the invention”. The contents of the article reflected the selection, analysis and judgment of the data and information in the stock market on that day.

Intellectual Property 52

Intellectual Property Inventor Invention Copyright 52

SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. However, later the defendant served a termination notice against which the plaintiff filed this suit.

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IP Intellectual Property Copyright Trademark 143