SpicyIP

MAY 18, 2022

Hermes has sued a Californian artist, Mason Rothschild, for his “MetaBirkins” digital artworks alleging trademark infringement. Feb 25, 2022. March 4, 2022. Feb 22, 2022. In the US too, several companies are protecting their trademarks for similar goods and services. Some examples under class 9 include: S.No. TOMMY JEANS.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

Kluwer Copyright Blog

APRIL 5, 2023

In late 2022, the Court of Venice issued an interesting order restraining the use of the image of a well-known piece of Renaissance art by Leonardo da Vinci: the Study of the Proportions of the Human Body in the Manner of Vitruvius , also known as the Vitruvian Man. [1] Second, the Court established the violation of Articles 107-109 C.b.c.

Public Domain 98

Public Domain Copyright Law Artwork 98

IPilogue

OCTOBER 7, 2022

The Globe and Mail reported on August 7, 2022 that Innovation Minister Francois-Philippe Champagne and Heritage Minister Pablo Rodriguez are working on reforming the Copyright Act to include an artist resale right (ARR) within the scope of the act’s protections. Further Reading: Michelle Mao’s IPilogue article on ARRs and NFT loopholes.

Art 105

Art Moral Rights Artwork Editing 105

Kluwer Copyright Blog

MAY 9, 2023

In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive. The analysis below will focus on the EU TDM exceptions, especially Article 4 CDSM Directive.

Copyright 137

Copyright Fair Use Copyright Law Law 137

Herbert Smith Freehills

JULY 6, 2022

One recent case gives some indication on how the English courts are responding in a dispute about trading blockchain-based non-fungible tokens (NFTs) between a trading platform and its user ( Soleymani v Nifty Gateway LLC [2022] EWHC 773 (Comm) ). The arbitrator ordered an evidentiary hearing in September 2022. Who are your users?

Artwork 52

Artwork Non-Fungible Tokens Business Contracts 52

The IPKat

JANUARY 18, 2023

In this post, the most interesting parts of Ryder Ripps’ answer, defence and counterclaim , filed on December 27, 2022 will be analyzed. The claim is for trade mark infringement, unfair competition, false advertising, cybersquatting, and other cause of actions before the Central District of California.

Artwork 82

Artwork Contracts False Advertising Art 82

IP Tech Blog

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. Therefore, DCs cannot be freely transacted in the Chinese market.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

Kluwer Copyright Blog

JUNE 5, 2023

2021) (available here ) In March 2022 the U.S. Vanity Fair magazine had commissioned Warhol’s artwork in 1984 to accompany an article about the singer’s rise to fame based on Goldsmith’s photograph under a one-time-use “artist reference” license between Vanity Fair and Goldsmith’s agent. Goldsmith, 11 F.4th 4th 26 (2d Cir.

Derivative Work 115

Derivative Work Fair Use Licensing Art 115

Kluwer Copyright Blog

JULY 16, 2023

In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive. by Pamela Samuelson “In March 2022 the U.S. It will focus on the s.10(3)

Blogging 52

Blogging Law IP Fair Use 52

Intellectual Property Law Blog

JUNE 5, 2023

4] Background The case concerns an orange silkscreen portrait of the artist formerly known as Prince created by Warhol, referred to as “Orange Prince,” which was created by Warhol from a black-and-white photograph taken by Goldsmith to illustrate an article in Newsweek. Goldsmith and, as a result, did not constitute fair use. [2]

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). ChatGPT , Smodin ), to perform music (i.e.,

Copyright 123

Copyright Art Copyright Law Licensing 123

Kluwer Copyright Blog

AUGUST 7, 2023

This is explicitly stated in Article 5, XXVII, of the Brazilian Constitution, and Article 1, Section 8, of the United States Constitution. Thus, Warhol possessed rights over the creative contributions he made, but so did Goldsmith, as her creation served as the foundation for the final artwork. Lumen Juris, 2022.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

IP Tech Blog

AUGUST 17, 2022

The case was adjudicated in 2022 by the Weihai Market Supervision and Administration Bureau of Shandong Province in favor of Tsingtao Brewery and has been selected as a model trademark enforcement case by the State Administration for Market Regulation. Is this however a case of trademark infringement? Tsingtao’s choice.

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104

Copyright Lately

JULY 10, 2022

A jury may need to decide whether one banana attached to a wall with a piece of duct tape infringes the copyright in another banana attached to a wall with a piece of duct tape—which pretty well sums up the state of the American judicial system in 2022. There’s also some clear tape used to hold the duct tape because, why not?

Copyright 65

Copyright Artwork Art Social Media 65

LexBlog IP

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. Tiffany created 250 NFTs and put them on the market.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

The IPKat

FEBRUARY 3, 2023

If the training of the AI model occurred within an EU jurisdiction, it may have been permitted under the new exception for text and data mining in Article 4 of the Copyright in the Digital Single Market Directive.

Litigation 143

Litigation Copying Copyright Designs 143

IP and Legal Filings

AUGUST 13, 2022

As we transition into 2022, these skyrocketing numbers don’t seem to halt any time soon. The entertainment industry has utilized this opportunity to maximize its profits and fan following by using smart marketing strategies around the NFT hype. In this wide-open digital market, this law of chain is missing.

Non-Fungible Tokens 52

Non-Fungible Tokens Intellectual Property Government Art 52

43(B)log

JULY 20, 2022

Stubenrauch, 2022 WL 2793579, No. 15, 2022) The parties in this case are former business associates, which is one reason there are so many different claims. Chiusa also has a registration for a brochure, stating that he created “text, photograph(s), [and] artwork on p.1” 3:21-cv-00545 (M.D. 1” therein.

False Advertising 72

False Advertising Ownership Registration Designs 72

LexBlog IP

JUNE 5, 2023

.” [4] Background The case concerns an orange silkscreen portrait of the artist formerly known as Prince created by Warhol, referred to as “Orange Prince,” which was created by Warhol from a black-and-white photograph taken by Goldsmith to illustrate an article in Newsweek. The nature of the copyrighted work.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

.” [4] Background The case concerns an orange silkscreen portrait of the artist formerly known as Prince created by Warhol, referred to as “Orange Prince,” which was created by Warhol from a black-and-white photograph taken by Goldsmith to illustrate an article in Newsweek. The nature of the copyrighted work.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

AUGUST 17, 2022

The case was adjudicated in 2022 by the Weihai Market Supervision and Administration Bureau of Shandong Province in favor of Tsingtao Brewery and has been selected as a model trademark enforcement case by the State Administration for Market Regulation. Is this however a case of trademark infringement? Tsingtao’s choice.

Trademark 52

Trademark Registering Trademarks Art Cease and Desist 52

43(B)log

AUGUST 22, 2022

3d -, 2022 WL 3453395, S260736 (Cal. 18, 2022) Not bound by Article III, the California Supreme Court issued a ruling despite the parties’ settlement. Not all marketing of artistic works is noncommercial speech. Penultimately, what about the album title, Michael , and artwork, featuring images of Jackson?

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

LexBlog IP

APRIL 20, 2022

See New York Times article entitled Supreme Court; Full Docket Awaits Spring Cleaning. See Business Standard article entitled Spring cleaning in the Supreme Court: The new Chief Justice swats frivolous litigation but more measures are needed. .’ ’ See, e.g., Google, Slip op. at 24-28, Dissent at 15-17. 2020-2205, slip op.

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52