IP and Legal Filings

NOVEMBER 11, 2021

A trademark refers to a name, mark, or sign through which the products belonging to a company or a person can be distinguished from other products in the market. Firstly, trademarks help distinguish one product from another in the market. Generic Trademarks: An Introduction. Primarily, trademarks perform four functions.

Trademark 81

Trademark Cease and Desist Branding Brands 81

Patently-O

APRIL 17, 2024

Dawgs alleged that Crocs falsely marketed its “Croslite” shoe material as “patented,” “proprietary,” and “exclusive” when in fact the material ethyl vinyl acetate, a well known compound used by many footwear companies. Crocs largely prevailed in those actions.

False Advertising 113

False Advertising Advertising Advertising Patent 113

Kluwer Copyright Blog

JUNE 19, 2023

Alternatively, the terms and conditions of the online marketplace where the NFT is marketed may state that the sale of the NFT is complemented by an IP rights assignment in the related digital asset, tethering copyright ownership to NFT ownership (the crypto-native approach) (see, for example the Bored Ape Yacht Club ( BAYC )).

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Kluwer Copyright Blog

DECEMBER 11, 2023

Here the final version is a clear improvement over the original Parliament text as it no longer suggests that model providers need to distinguish between copyright-protected and public domain training materials and then apply different transparency standards to both, which would be unworkable.

Copyright 145

Copyright Copyright Law Publishing Public Domain 145

IP and Legal Filings

JANUARY 29, 2024

Unveiling Merchant Privileges in the Shadows of Craftsmanship Developing nations like India require financial and technical support to market their products internationally and attain the sustainability of GI. It’s possible that India unintentionally made it harder for its Artisans to obtain GI protection for their agricultural goods.

Registration 90

Registration Blogging Designs Design 90

Patently-O

JANUARY 25, 2022

The district court ordered the defendant to “take all necessary steps to prevent publication” of those applications or resulting patents. The companies here compete in the market for creating specialized finger-LED equipment and accompanying data analysis services. ” (Quoting Ultimax ).

Public Domain 133

Public Domain Patent Application Confidentiality Patent 133

The IPKat

NOVEMBER 9, 2021

Birkenstock's claim that it had designed the pattern and it had been the first on the market to use that design, was considered by the court to as insufficient to consider that the pattern itself also significantly different from other patterns in the shoe and clothing sector. Universal Public Domain Dedication license.

Public Domain 86

Public Domain Licensing Intellectual Property Designs 86

The IPKat

JANUARY 5, 2022

In that respect, the BOA refers to an earlier decision by the CJEU (in the case Acacia v. Being consumables, the cleaner bags are promoted independently on the market and sold at various locations. picture on the right is by painter Kobayashi Kiyochika and is in the public domain

Designs 109

Designs Design Public Domain Advertising 109

The IPKat

SEPTEMBER 15, 2022

Initially, neither the 1992 Law on Trademarks, Service Marks and Designations of Origin , nor the 1992 Patent Law , had provided that putting patented or trademarked goods onto the market within Russia exhausted IP rights. The picture in the upper middle is by Amin and is licensed under the Cretive Commons Attribution-Share Alike 4.0

IP 132

IP Branding Brands Branding 132

Biswajit Sarkar Copyright Blog

JULY 19, 2022

Unauthorized use of a work protected by copyright is referred to as copyright infringement. Before using someone else’s creation, consider how your actions will affect its market worth. Public domain resources as a starting point. There are several places where you can find public domain content that is free to use.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

Kashishipr

FEBRUARY 16, 2022

IP licensing provides business companies and organizations with additional or core revenue streams, which enables them to increase brand awareness, enhance their overall reputation, and extend their offerings (products or services) into new geographies and markets across the globe cost-effectively. Bottom Line.

Licensing 98

Licensing Business IP Ownership 98

Kluwer Copyright Blog

FEBRUARY 8, 2023

Therefore, such AI-generated works are said to compete directly with human-authored works and thus might be capable of disturbing the market for low creativity works, which is where apparently many artists nowadays make a living. It would not genuinely guarantee a level-playing field for all players in all Member States in a specific market.

Marketing 111

Marketing Marketing Copyright Copyright Law 111

IP and Legal Filings

OCTOBER 4, 2022

However, with the publication on 23 October 2012 of UAE Federal Law No. 4 of 2012 Concerning Regulation of Competition all businesses with operations in the UAE or supplying goods and services to the UAE market will have to ensure that they focus on and comply with the provisions of this new law. image Source : Medium Blog].

Intellectual Property 52

Intellectual Property Law Business Designs 52

Kluwer Copyright Blog

JUNE 8, 2022

First, when we refer to input or training data (a technical category) we mean material that from a copyright law perspective could be either works of authorship, other protected subject matter or mere facts and data. Scenario (1): Public Domain. The public domain is arguably the “cheapest” source of data.

Public Domain 52

Public Domain Licensing Copyright Law Copyright 52

The IPKat

MAY 12, 2024

Reference was made to Dutch national practice by Kodak to argue that this should be different. In these proceedings, the Court of Appeal commented that the member of the public trying to get access had not made a specific request. 6 RoP echoes. 9 (2) of the trade secrets directive).

Confidentiality 62

Confidentiality Art Patent Patent Application 62

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]

Reporting 52

Reporting Publishing Marketing Marketing 52

IP and Legal Filings

MARCH 29, 2022

Intellectual Property” refers to mental creations such as inventions, literary and creative works, as well as symbols, names, and pictures utilised in business. In the era of digitalisation and globalisation simultaneously, it is imperative to protect ones IPR in order to maintain a fair and competitive market. INTRODUCTION.

Intellectual Property 52

Intellectual Property Intellectual Property Law Artistic Work IP 52

TorrentFreak

SEPTEMBER 23, 2022

The company’s failure to file for a new copyright after the movie ditched its original title ‘Night of the Flesh Eaters’ was the reason that Night of the Living Dead (NOLD) was quickly pushed into the public domain. NOLD inspired a whole genre of horror that has gained momentum with age. Night of the Copyright Claim.

Public Domain 139

Public Domain Copyright Music Reporting 139

Kluwer Copyright Blog

JUNE 30, 2021

The court found that three out of four fair use factors i.e. the purpose and character of the use, the amount and substantiality of the portion used, and the effect on the potential market, weighed in favor of fair use (with the remaining factor, i.e. the nature of the copyrighted work, being considered neutral and favoring neither party).

Fair Use 103

Fair Use Copyright Law Copyright Law 103

Kluwer Copyright Blog

DECEMBER 7, 2022

5(3)(h) InfoSoc Directive allows the reproduction and communication to the public of works created to be permanently located in public places : the extension to both rights makes it viable for any of the activities related to AR. Finally, the CDSM Directive contains several clauses of interest for AR development: Art. 3 and Art.

Copyright 56

Copyright Art Public Domain Copying 56

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. This is well known and has been reported in many studies, and such biofertilizers are also available in the market. and Klebsiella sp.,

Art 52

Art Patent Public Domain Invention 52

IP and Legal Filings

SEPTEMBER 13, 2022

In other words, a patentability search is a process of identifying the same or similar inventions with reference to the invention in the question of a patentability search. The process of getting an invention Patent starts with Patentability Search, its also known as Novelty Search or Prior Art Search. Picture Credit: gettyimage].

Patent 52

Patent Invention Inventor Technology 52

SpicyIP

APRIL 24, 2022

But then I wonder in this context – what is welfare , and whose welfare are we referring to – creators, public, society, industry, nations, world, unborn kids, law firms ( sarcastically )? But yes – IPR usually refers to that – the IP holder’s ability to stop others from making use of their works.

IP 136

IP Copying Intellectual Property Copyright 136

IP and Legal Filings

JANUARY 29, 2023

It is to be made sufficiently clear that the aforementioned creations ought to be original and independent, rather than a slightly altered version of the creation already in the public domain, to instill looking into the prospects of copyrightability. GSPR (2021) 131 Zhaoxia Deng, Illegal To Play? 22 (2021) Joanna E. & Tech.

Copyright 74

Copyright Ownership Publishing Copyright Infringement 74

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. Selling products tagged with scannable blockchain-based tags, imprints or tamperproof seals can effectively help to fight black-marketing and counterfeits.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. Selling products tagged with scannable blockchain-based tags, imprints or tamperproof seals can effectively help to fight black-marketing and counterfeits.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. Selling products tagged with scannable blockchain-based tags, imprints or tamperproof seals can effectively help to fight black-marketing and counterfeits.

Technology 52

Technology Patent IP Invention 52

The IPKat

MARCH 7, 2022

The Supreme Court of Ireland has referred questions to the CJEU on the correct interpretation of the SPC Regulation as it pertains to combination products ( Merck v Clonmel ( [2022] IESC 11 ). Ezetimibe was originally marketed as a monotherapy, EZETROL, and an Irish SPC (SPC 2003/014) was granted for EZETROL following its approval.

Art 117

Art Public Domain Invention Marketing 117

The IPKat

OCTOBER 4, 2021

The lower court considered that, while the mark was not technically necessary (which would have led to the invalidity of the trade mark regardless of acquired distinctiveness), the trade mark was part of the public domain and Nestlé failed to prove that the trademark had acquired distinctiveness. Generic license.

Public Domain 145

Public Domain Marketing Marketing Licensing 145

43(B)log

FEBRUARY 19, 2022

Summary of current treatment: Although courts have often referred to “expressive” or “artistic” works as shorthand for the scope of Rogers, they have applied it to speech that quali?es TM bullying w/ a public domain quilt, claiming rights over “Dear Jane” as quilt/software. Lemley: Hard to separate artists from art.

Trademark Law 72

Trademark Law Trademark Art Branding 72

Velocity of Content

DECEMBER 6, 2023

Significant amounts of content are also available through the public domain. Our current AI-related offerings are focused on the corporate, research, academic and education markets. The courts will also look very closely at market harm under the fourth factor. As stated by the Supreme Court in Campbell v. 4th 1262 (D.C.

Copyright 98

Copyright Fair Use Licensing Copying 98

SpicyIP

APRIL 29, 2023

Image accessed from here While there are many factors which result in the success of business organizations, their ability to use sensitive procedures and advanced technology, thereby protecting their confidential information, can be another crucial aspect of remaining competitive in the market. Sundial Communications Pvt. and Ors. ,

Confidentiality 130

Confidentiality Contracts Public Domain Marketing 130

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.

Copyright 59

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] 10] See European Parliament’s draft, Article 28(b)(4)(c). [11]

IP 52

IP Copyright Art Related Rights 52

IP and Legal Filings

JANUARY 23, 2023

Parallel to this, Non-Fungible Tokens, often known as NFTs, have seen tremendous growth as more and more people enter the market. v] Prior to the development of NFTs, artists depended on non-traditional legal and financial frameworks to drive the art market.

Non-Fungible Tokens 75

Non-Fungible Tokens Copyright Intellectual Property Ownership 75

IIPRD

MAY 4, 2023

To qualify as a patentable invention, the invention: must not be in the public domain or have been published or used previously; must not be obvious and must involve a technical advancement; and must be capable of being implemented commercially. More and more involve collecting data that is processed via algorithms “in the cloud”.

Intellectual Property 52

Intellectual Property Invention Public Domain Patent 52

The IPKat

MARCH 7, 2022

Therefore, once copyright protection ends, and the work falls in the public domain, others must have the right to call the work by its name. Moreover, if the work sought to be registered is not copyrighted, the public may copy it at once and would be as clearly entitled to call it by its name (case citations omitted).

Copyright 96

Copyright Trademark IP Public Domain 96