Intellectual Property Law Blog

OCTOBER 3, 2023

On August 18, 2023, the US District Court for the District of Columbia affirmed the U.S. Copyright Office’s denial of a copyright application for a work created using generative AI due to lack of human authorship ( Thaler v. Where AI alone creates a work, this point seems clear.

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Intellectual Property Law Blog

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No. 2023) (slip op., 2023) (slip op.,

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LexBlog IP

JANUARY 19, 2023

In the lower court, the Second Circuit reversed the decision of the District Court and held that the Warhol work was not transformative because it maintained the “essential elements of its source material” and was not “fundamentally different and new.” Next, we have Abitron Austria GmbH v. Hetronic International.

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LexBlog IP

DECEMBER 18, 2023

17, 2023) (emphasis added). As such, creators of such “disembodied” designs may need to continue to rely only on copyright law to protect such designs as artistic works unless and until Congress intervenes to expand subject matter eligibility under Section 171. a)(I) ] but provides important clarifications.”

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LexBlog IP

JULY 12, 2023

The USCO rejected Kashtanova’s application to the extent it covered the images of the comic book (as opposed to the text) on the basis that AI-generated portions of the work lack the “human authorship” required to gain copyright protection in the USA.

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IIPRD

APRIL 8, 2024

With the development of latest technologies like the Creative Adversarial Network (“CAN”), many areas which were yet unexplored in the realm of Intellectual Property Rights have arisen. 30, 2023) [link] Soaham Bajpai, Artificial Intelligence and Its Creation: Who Owns Intellectual Property Rights?, 10 GNLU J.L.

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IP and Legal Filings

MARCH 28, 2024

Introduction The year 2023 was a high for Indian cinema- with the love of the country for the big screen soaring high with box office numbers. 1] The Copyright Act protects certain types of works, which are included in Section 13. 27, 2023) [link] [2] Krishika Lulla v. 20, 2023) [link] [10] Arbaaz Khan Production (P) Ltd.

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IP and Legal Filings

AUGUST 14, 2023

Choice Of Law In Ipr Infringement The nature of the rights is the primary concern in any international dispute that involves intellectual property rights. 2017) <[link] accessed on 11 June 2023 Facebook Twitter LinkedIn WhatsApp The post The Choice Of Law Debate In Copyright Infringement first appeared on IPLF. Jolly (eds.)2017)

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LexBlog IP

MARCH 9, 2023

They must first determine whether the work is one “of artistic expression” and thus prima facie entitled to protection under the First Amendment. If it is, the Court will then ask whether the use of the trademark bears any artistic relevance to the underlying work. 22-cv-384 (JSR), 2023 U.S.

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Kluwer Copyright Blog

OCTOBER 17, 2023

Image from DALL-E 3 Introduction Generative AI is disrupting the creative process(es) of intellectual works on an unparalleled scale. More and more AI systems offer services that push users’ production capacity for new literary and artistic works beyond unforeseen barriers. ChatGPT , Smodin ), to perform music (i.e.,

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LexBlog IP

DECEMBER 22, 2023

The copyright eligibility of computer-generated literature and artistic works is not, contrary to what many may think, a post-millennial question. 16, 2023), [link]. 1] Express Newspapers Plc v Liverpool Daily Post & Echo Plc [1985] 3 All E.R.

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LexBlog IP

FEBRUARY 26, 2024

However, although haute couture and high-concept fashion may be considered artistic works, Italian courts have rarely found designs of fashion or clothing products worthy of copyright protection. As designers take inspiration from competitors’ collections, so do organizers and stylists from other fashion shows.

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LexBlog IP

SEPTEMBER 15, 2022

Thom Tillis and Patrick Leahy they will deliver findings by June 2023. But NFTs are separate and distinct from the digital items they are meant to authenticate, making it extremely difficult to assign title to the various intellectual property rights stemming from the sale of each NFT.

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Kluwer Copyright Blog

MARCH 11, 2024

Photo by Rocco Dipoppa on Unsplash The Retained EU Law (Revocation and Reform) Act 2023 (REULA) came into force on 1 January 2024 and has some significant implications for IP law. Artistic craftsmanship As discussed above, copyright protection in the UK covers only a restrictive list of works.

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LexBlog IP

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

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Fair Use Cease and Desist Trademark Designs 52

LexBlog IP

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

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Fair Use Cease and Desist Trademark Designs 52

LexBlog IP

JUNE 9, 2023

Jack Daniel’s Properties, Inc. VIP Products LLC , 599 U.S. _ (2023). The United States Court of Appeals for the Ninth Circuit reversed, ruling that Jack Daniel’s infringement claim was subject to the Rogers test because the toy is an “expressive work” and therefore protected under the First Amendment.

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LexBlog IP

OCTOBER 3, 2023

On August 18, 2023, the US District Court for the District of Columbia affirmed the U.S. Copyright Office’s denial of a copyright application for a work created using generative AI due to lack of human authorship ( Thaler v. ” Where AI alone creates a work, this point seems clear.

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Copyright Copyright Law Artistic Work Ownership 52

LexBlog IP

MARCH 27, 2023

Jack Daniel’s Properties, Inc. VIP Products LLC, (22-148) (March 22, 2023). The United States Supreme Court held oral arguments in connection with a dispute between Jack Daniel’s and VIP Products LLC (“VIP”) over a humorous dog toy which is intended to mimic the label of a Jack Daniel’s whisky bottle.

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SpicyIP

MARCH 11, 2024

The plaintiff has registered its “Social” trademark and states to have invested considerably in its advertisement from 2001-2023. The Court also took note of the defendant’s applications for identical trademark and artistic work, despite the plaintiff’s prior registrations for lack of bona fides.

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LexBlog IP

JUNE 20, 2023

On June 8, 2023, the Supreme Court unanimously decided the trademark parody case captioned Jack Daniel’s Properties, Inc. S. _ (2023) (hereinafter “Slip Op.”). VIP Products LLC in favor of Jack Daniel’s, and against the dog toy manufacturer and serial parodist VIP Products.

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SpicyIP

NOVEMBER 19, 2023

Other Posts Free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship [November 22- 23] Free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship on November 22 and 23. Read the post by Tejaswini and Praharsh to know more.

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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. Zafar Mahfooz Nomani, 2023).

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Kluwer Copyright Blog

MARCH 1, 2023

From Jack Daniels Properties, Inc. Supreme Court, Brief for Petitioner (11 January 2023), page 3, available here. Although dog toys and whiskey bottles seem relatively inconsequential to literature, parody, and creative work, this case could have a dramatic impact on how authors write about, and parody, famous brands.

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LexBlog IP

SEPTEMBER 11, 2023

2] The USCO, maintaining this perspective and upholding the human authorship requirement with respect to GenAI works, refused to register the copyright claim in the Work. The District Court Decision On August 18, 2023, invoking its jurisdiction under the Administrative Procedures Act to review a final agency action, Judge Beryl A.

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IP and Legal Filings

MAY 3, 2023

The word “originality” is frequently used in conjunction with the creativity of writers, thinkers, and artists. The Copyright , Designs and Patents Act of 1988 in the United Kingdom specifies in Section (1)(1)(a) that copyright exists in “original literary, dramatic, musical, or artistic works.” 1] [1916] 2 Ch 601. [2]

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SpicyIP

FEBRUARY 12, 2024

His passion lies in understanding the intersection of economics and public health with intellectual property rights. Plausibility’ and Admissibility of Post-Published Data in India In May 2023, the UK Court of Appeal upheld the invalidity of Bristol-Myers Squibb’s Apaxiban patent for lacking “plausibility”. Read on for more!

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LexBlog IP

SEPTEMBER 13, 2023

But the Greek Copyright Office (OPI) in a circular issued in 2017 clearly but obviously erroneously states that the possession of TV or Radio sets creates a presumption of use/communication to the public of works protected by the relevant CMOs.

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LexBlog IP

JUNE 5, 2023

598 U.S. _ (2023) (Citations are to the Slip Opinion (“Slip Op.”)). If Warhol’s degree of creative transformation cannot even satisfy the first fair-use factor, little remains of the fair-use defense for artistic works.” (Or in this case, Orange.) Goldsmith et al. , “And I mean that literally.

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LexBlog IP

FEBRUARY 1, 2023

” This appeal presents a conflict between Rogers’ right to protect her celebrated name and the right of others to express themselves freely in their own artistic work. Rogers , 875 F.2d 2d at 996] The Rogers court held, at least as to the dancer’s Lanham Act claim, that the defendant was entitled to summary judgment.

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Technology & Marketing Law Blog

JUNE 20, 2023

21-869 (May 18, 2023). Applying this standard, the Court held “parody has an obvious claim to transformative value,” because “it can provide social benefit, by shedding light on an earlier work, and, in the process, creating a new one.” See Jessica Silbey, The Eureka Myth: Creators, Innovators, and Intellectual Property (2014).

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SpicyIP

OCTOBER 1, 2023

Simply Life India and Others CS(COMM) 652/2023 is full of curiosities for two reasons which I would comment upon in the following paragraphs, after introducing the context. A postcard can be taken either as a literary work or an artistic work under sections 2(c) and 2(o) respectively of the Copyright Act, 1957.

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Technology & Marketing Law Blog

JUNE 21, 2023

In its June 8, 2023 opinion written by Justice Kagan, a unanimous Court declined to decide whether it is ever appropriate to apply the Rogers test—or any threshold First Amendment filter—in a trademark infringement lawsuit before allowing the case to “proceed to the Lanham Act’s likelihood-of-confusion inquiry.”

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