The IPKat

MAY 8, 2022

Here's what Hanne writes: Second time is a charm: Danish design company wins plant box war by Hanne Kirk On 22 April 2022, the Danish Eastern High Court handed down its decision in yet another dispute concerning applied art and the question of originality and infringement under copyright law. Wolly & Co.

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Patently-O

NOVEMBER 21, 2021

Mennell, Koret Professor of Law; Director, Berkeley Center for Law & Technology; Faculty Director, Berkeley Judicial Institute; University of California at Berkeley School of Law, and Ella Corren, University of California at Berkeley School of Law, J.S.D.

Designs 74

Designs Design Copyright Design Patent 74

JIPEL Copyright Blog

APRIL 26, 2021

How does an influencer and fashion designer become so despised? In this case, via alleged copyright infringement. Bernstein responded by filing a suit for declaratory judgment , essentially asking the court to rule that WWW’s silhouette design did not infringe on TGE’s design. (If The account and its 2.6

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Social Media Copying Branding Brands 52

The IPKat

MARCH 16, 2024

A prototype and the stool were registered as designs on 5 November 1968 and 8 September 1983. In May 2015, Stamp realised that La Foir'fouille was marketing a stool model resembling the Stamp stool. Stamp sued La Foir'fouille and FF Digitale for copyright infringement before the Tribunal de Grande Instance of Lyon.

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Copyright Art Copyright Infringement Intellectual Property 70

LexBlog IP

JANUARY 11, 2023

Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. Under the SCPA, a mask work is a series of related images that forms a design or part of a design used to produce an integrated circuit. Copyright Office by year for the last 10 years.

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IPilogue

FEBRUARY 16, 2022

Bloodborne , an action role-playing game made by FromSoftware, has achieved tremendous success since being published in 2015. A well-accepted principle is that copyright law protects the expression of ideas rather than ideas themselves. In Canada, these video game elements are given special copyright protection.

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Plagiarism Graphic Design Copyright Designs 106

IPilogue

NOVEMBER 17, 2021

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws.

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Ownership Intellectual Property Artwork Copyright Law 103

The IPKat

MAY 25, 2022

As IP aficionados, many readers of this blog will have strong views about the proper scope of copyright law. Can and should those beliefs be protected under the Equality Act 2010, protecting copyright believers against discrimination in employment law and in the exercise by public authorities in their functions?

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Copyright Moral Rights Intellectual Property Intellectual Property Law 94

IP and Legal Filings

JANUARY 22, 2024

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.

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Ownership Copyright Fair Use Intellectual Property 52

Copyright Lately

AUGUST 22, 2021

Back in May, I wrote about an overzealous copyright infringement lawsuit filed by Rachel Dolezal , the woman best known for mispresenting her racial background. The complaint raised concerns that Dolezal was using copyright law to purge the historical record of her controversial past, while seeking substantial monetary damages in the process.

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Copyright Fair Use Settlement Designs 89

Patently-O

MAY 6, 2024

His 2017 Authorship Screen article argues that patent laws should apply an “authorship screen” to exclude aesthetic and informational innovation from its domain – a mirror image of copyright law’s functionality screen used to exclude functional innovation from its domain. ” In re Distefano , 808 F.3d

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Patent Invention Designs Design 63

IPilogue

OCTOBER 19, 2022

One must of course first start with the Copyright Act itself and deal with what the Supreme Court also said in Compo (above): “Mr Hughes … put it very well when he said that copyright law is neither tort law nor property law in classifi­cation, but is statutory law.

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Copyright Infringement Copyright IP Designs 106

LexBlog IP

FEBRUARY 24, 2022

The Supreme Court held today that lack of knowledge of either fact or law can excuse inaccuracies in a copyright registration under Section 411(b)’s safe harbor provision of the Copyright Act. Unicolors created fabric designs but did not publish them at the same time. H&M moved for judgment as a matter of law.

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Patently-O

AUGUST 31, 2021

SAS argues that it made a “plethora of creative choices” in developing its material, and that creativity is more than sufficient to satisfy the originality requirements of copyright law. Thus far, the courts have disagreed with SAS and rejected its copyright assertions. 702 (2015). 1821 (2013). 621 (2019).

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Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

Kluwer Copyright Blog

FEBRUARY 13, 2022

In 2015, the Program on Information Justice and Intellectual Property (PIJIP) set out to conduct empirical research on the impact of copyright exceptions. We soon realized that information about the changes to copyright law over time – which would be especially useful for empirical studies – was lacking. Conclusion.

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Copyright Copyright Law Technology Fair Use 98

IIPRD

NOVEMBER 14, 2023

Musical Arts, designs, pictures, software, material, and many other sorts of Intellectual Property can be transferred using an e-commerce platform in the digital age. Upendra Baxi, COPYRIGHT LAW AND JUSTICE IN INDIA Author(s): Upendra Baxi Source : Journal of the Indian Law Institute , October-December 1986 , Vol.28,No.4Published

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

CopyrightsWorld

APRIL 29, 2022

On November 3rd, 2018, Thaler filed a copyright application for A Recent Entrance to Paradise, designating himself as the claimant and the work’s author as “Creativity Machine,” saying that the copyright should be transferred from the AI to him due to his “ownership of the machine.” says the author.

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Copyright Artwork Public Domain Copyright Law 98

IPilogue

NOVEMBER 15, 2021

A literary controversy surrounding a copyright claim has taken over the North American online writing community, and it involves a kidney donation, a private Facebook group, and a short story.? . On June 24, 2015, Ms. In T-Peg Inc. v Vermont Timber Works Inc. , 3d 97 , Lynch J. 3d 12, 18 ). 2d 600 ).?

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Art Copyright Infringement Copyright Copying 105

IIPRD

FEBRUARY 8, 2024

Although cloud offerings are often global and multi-jurisdictional, the IP laws governing services generally remain territorial and national. Copyright laws, for instance, vary from jurisdiction to jurisdiction. What constitutes copyright infringement in one country may not be in another. Thus, in Tiffany(NJ) Inc.

Intellectual Property 52

Intellectual Property IP Government Technology 52

CopyrightsWorld

APRIL 29, 2022

On November 3rd, 2018, Thaler filed a copyright application for A Recent Entrance to Paradise, designating himself as the claimant and the work’s author as “Creativity Machine,” saying that the copyright should be transferred from the AI to him due to his “ownership of the machine.” says the author.

Copyright 98

Copyright Artwork Public Domain Art 98

IIPRD

JANUARY 5, 2023

A growing number of daily releases makes India’s copyright laws particularly important in. However, to a lesser extent, other IP laws like the Trademark Act and the Designs Act will also be important. 8] Indian Copyright Act 1957, s 19(10). [10] Introduction. 1] [link]. [2] 7] CISAC v. 3d 247 (2d Cir.

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The IPKat

DECEMBER 17, 2021

In May , a High Court in South Africa delivered judgment in Bliss Brands (Pty) Ltd v Advertising Regulatory Board NPC & Others , on the issue of the extent of the powers of the Advertising Regulatory Board (‘ARB’) in matters relating to trade mark and copyright laws. This Katpost discussed the case in fuller detail.

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Trademark IP Registering Trademarks Branding 96

LexBlog IP

AUGUST 23, 2023

Whether one focuses on the word’s connotation of silliness or excitement, or maybe even anger , or analogizes to the raucous and rhymingly-named team from Savannah that makes up its own baseball rules , US copyright law is currently going a little “bananas.” ” Said, Reforming Copyright Interpretation, 28 Harv.

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Copyright Art Copying Derivative Work 52

Copyright Lately

JULY 17, 2022

According to Tammy’s complaint, her grandfather set up a number of trusts which were “specifically designed in more than 15 years of estate planning legal advice with competent estate planning counsel” to hold Jay songwriter’s royalties and “to assure his daughter and granddaughter received their respective shares.”

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Copyright Music Social Media Publishing 60

LexBlog IP

JULY 21, 2021

” Jarrod Welsh, Copyrighting God: New Copyright Guidelines Do Not Protect Divine Beings, 17 Rutgers Journal Of Law & Religion 121 (2015). copyright law. ” Welsh (2015) at 134. ”) Other religions “seek copyright for secrecy, but secrecy to protect their students[,].teachers

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Intellectual Property Invention Trademark Copyright 52

Copyright Lately

OCTOBER 24, 2022

Second, and more importantly, there are a whole host of ethical and moral implications surrounding the use of AI-generated artwork, especially when the technology is used to produce outputs that are specifically designed to replicate the styles of living human artists without credit or compensation. copyright law.

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Artwork Copyright Infringement Copyright Art 88

43(B)log

FEBRUARY 19, 2022

Copyright Law Why are we so sure facts are excluded from the statute when the statute doesn’t use that word and uses a lot of other words. Fact also delineates specific categories—1960 report of meaning of “writings” that is a precursor to 102(b) lists ideas, dress designs, reports of current events, names/titles.

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Copyright Moral Rights Artwork Art 59

Barry Sookman

MAY 4, 2020

A further contribution can lie in the abstraction of a specific solution provided by the 5 AI, e.g. a specific design of a mechanical part, to a general concept, e.g. a design principle for certain mechanical parts. ” See Design Data Corp, 847 F.3d 92 review of the Copyright Act. Unigate Enter., Drosnin, 136 F.

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Intellectual Property Inventor Invention Copyright 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Under the 1976 Copyright Act, copyright subsists automatically in any “original work of authorship” that is “fixed in any tangible medium of expression.” [ 17 U.S.C. He should not be able to enjoin publication of the interviews as a copyright violation. Here a different case law precedent comes into play. In Garcia v.

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Copyright Blogging Publishing Fair Use 120

LexBlog IP

APRIL 20, 2022

Oracle , that ‘fair use’ is an ‘equitable rule of reason’ requiring ‘judicial balancing’ of ‘the sometimes conflicting aims of copyright law’ so that copyright does not ‘stifle the very creativity which the law las was meant to foster.’ ’ (Op.

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52