Kluwer Copyright Blog

APRIL 13, 2023

Photo by Markus Spiske on Unsplash Welcome to the first trimester of the 2023 round up of EU copyright law! In this edition, we report on an AG Opinion that came out late in 2022 and update you on what has happened in the first trimester of 2023 in EU copyright law.

Copyright Law 73

Copyright Law Law Copyright Copying 73

LexBlog IP

JANUARY 22, 2024

Copyright Office’s AI Initiative launched in early 2023. Among other things, the Initiative’s portal compiles registration decisions for AI-generated materials. Particularly instructive is a December 11, 2023 decision by the Copyright Review Board affirming the denial of registration to an AI-generated artwork.

Registration 52

Registration Copyright Art Editing 52

The TTABlog

OCTOBER 3, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled ten oral hearings for the month of October 2023. October 10, 2023 - 10 AM [In Person]: Edward Levy and Marc Padro v. October 11, 2023 - 11 AM: In re Sentry Centers Holdings, LLC , Serial No. October 12, 2023 - 2 PM: Hoodrich Ltd v.

Registration 67

Registration Designs Design Business 67

Plagiarism Today

OCTOBER 24, 2022

But, before I go, I wanted to leave you with five tales of how copyright has shaped Halloween that I’ve written over the years. 1: How a Copyright Mistake Created the Modern Zombie. When the film was released, the print was missing a copyright notice. 2: Dracula vs. Nosferatu: A True Copyright Horror Story.

Copyright 258

Copyright Public Domain Copying Copyright Notice 258

LexBlog IP

DECEMBER 26, 2023

The legal world is buzzing about AI and its use for all kinds of things, including generating logos, text, and other things people would normally want to register for copyright or trademark protection. Well, they’re right, I can apply, but registration surely won’t be granted. Can you use it in the ways you want to?

Designs 52

Designs Design Trademark Copyright 52

The TTABlog

SEPTEMBER 1, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine oral hearings for the month of September 2023. September 7, 2023 - 11:15 AM [In Person, North Carolina Central University School of Law, Durham, NC]: In re Vinedo de Zorra, LLC , Serial No. September 12, 2023 - 11 AM: Montgomery Law LLC v.

Registration 67

Registration Designs Design Trademark 67

The TTABlog

OCTOBER 24, 2023

The Board recently decided three Section 2(d) oppositions in which it held oral arguments in August 2023. 91263939 (September 28, 2023) [not precedential] (Opinion by Judge Frances S. 91247343 (September 6, 2023) [not precedential] (Opinion by Judge George C. Kuhlke) [Opposition to registration of FOUR SEASONS OUTDOOR LIVING CO.

Registration 67

Registration Designs Design Branding 67

TorrentFreak

NOVEMBER 30, 2023

That included those whose names appeared in public WHOIS databases as registrants or owners of domains. In an August 2023 joint submission to the United States Patent and Trademark Office (USPTO), Hollywood, the recording industry, TV companies, the gaming industry and publishers left little doubt that patience had run out.

Registration 92

Registration Public Domain Privacy Intellectual Property 92

The TTABlog

OCTOBER 31, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled six oral hearings for the month of November 2023. November 2, 2023 - 1 PM: Baxter S.r.l. 91263387 [Opposition to registration of BAXTON STUDIO for furniture, on the ground of likelihood of confusion with the registered mark BAXTER for furniture.] Welch 2023.

Registration 67

Registration Business Designs Design 67

The IPKat

SEPTEMBER 27, 2022

The Office underlined that the 2023 draft Guidelines (see here ) will set out such a practical approach (see here the draft of Trade Marks Guidelines , section “6.25 Challenges involving designs in the metaverse were also addressed. Downloadable goods and virtual goods” ), on which stakeholders can still comment before 3 October 2022.

Designs 144

Designs Design Non-Fungible Tokens Editing 144

The IP Law Blog

SEPTEMBER 28, 2023

21, 2023) (Hector Gonzalez), the District Court for the Eastern District of New York granted the plaintiff’s motion for summary judgment regarding the validity of its copyright. The plaintiff also consulted with various rabbis as part of the design process for the Second Holy Temple Product. In JBrick, LLC v. Chazak Kinder, Inc.

Public Domain 113

Public Domain Copyright Copying Registration 113

Kluwer Copyright Blog

FEBRUARY 2, 2023

This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. Very few jurisdictions expressly provide for copyright in computer-generated works.

Copyright 145

Copyright Art Fair Use Registration 145

The TTABlog

JULY 31, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine oral hearings for the month of August 2023. August 3, 2023 - 11 AM: TF Intellectual Property Pty Ltd v. August 3, 2023 - 1 PM: Mealpass, Inc. August 8, 2023 - 11 AM: In re Molina Healthcare, Inc. August 9, 2023 - 11 AM: Billy Stott v.

Contracts 52

Contracts Registration Designs Design 52

The TTABlog

JULY 25, 2023

The latest issue of Allen's Trademark Digest includes a compilation of my capsule summaries of the precedential "Decisions of the Federal Circuit and the Trademark Trial and Appeal Board on Registrability Issues - July 2022 to June 2023." Text Copyright John L. Welch 2023. download pdf here ].

Registration 52

Registration Music Trademark Designs 52

The TTABlog

JANUARY 31, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled six (6) oral hearings for the month of February 2023. February 7, 2023 - 1 PM: Eden Foods, Inc. February 9, 2023 - 1 PM: National Academy of Television Arts and Sciences and Academy of Television Arts and Sciences v. Kraferd , Opposition No. Haas Outdoors, Inc.

Television 57

Television Registration Art Designs 57

Dear Rich IP Blog

AUGUST 27, 2023

Dear Rich: I am adapting needlework-like designs used in pottery/chinaware by creating patterns for needleworkers. What are the laws covering those designs for which I cannot get permission? What will happen if you use chinaware designs without permission? In 2015, the Copyright Office analyzed t he orphan works dilemma.)

Designs 52

Designs Design Copyright Notice Public Domain 52

The TTABlog

NOVEMBER 17, 2023

In a highly detailed and instructive opinion, the Board granted a petition for cancellation of a registration for the product configuration shown below, for a "spring-loaded glass-breaking device," on the ground of de jure functionality under Section 2(e)(5). 92078038 (November 14, 2023) [not precedential[ (Opinion by Judge Jonathan Hudis).

Registration 67

Registration Designs Design Advertising 67

The TTABlog

FEBRUARY 28, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled eight oral hearings for the month of March 2023. March 7, 2023 - 10 AM [Virtual]: Alaskan Brewing & Bottling Co. 91264066 [Section 2(d) opposition to registration of ALASKA TRAILS PALE ALE. March 8, 2023 - 11 AM [Virtual]: In re Garan Services Corp.

Designs 57

Designs Design Registration Journalism 57

The IPKat

MARCH 14, 2024

The IPKat has received and is pleased to host the following guest contribution by Nkem Itanyi (University of Nigeria) on a recent dispute over copyright ownership of the movie, Shanty Town which premiered on Netflix in January 2023 and discussions over a sequel to the movie. GMC denied the assertions as false.

Copyright 78

Copyright Cease and Desist Ownership Registration 78

The TTABlog

OCTOBER 11, 2023

Plus, the designs are different, and surely "indestructible" is a laudatory and weak term. 88615185 (October 3, 2023) [not precedential] (Opinion by Judge Mark Lebow). As to the goods, applicant's "shoes" encompass registrant's athletic "footwear." Text Copyright John L. Welch 2023.

Designs 62

Designs Design Registration Copyright 62

Patently-O

JULY 20, 2023

2023) The Timberland Boot trade dress case is pending before the Fourth Circuit, raising some interesting questions about the role of product trade dress vs design patents vs copyright vs utility patents. Timberland boots were first sold in the 1970s with a unique design that quickly resonated with consumers.

Designs 74

Designs Design Cease and Desist Design Patent 74

The TTABlog

DECEMBER 1, 2023

Global Commodities petitioned for cancellation of a registration for the mark shown below left, claiming likely confusion with its registered mark shown below right, both for "rice." 92078857 (November 29, 2023) [not precedential] (Opinion by Judge Mark A. The Board found petitioner's "fawn" design mark to be inherently distinctive.

Designs 70

Designs Design Registration Marketing 70

Kluwer Copyright Blog

FEBRUARY 2, 2024

The disputed image On November 27, 2023, the Beijing Internet Court (BIC) ruled in an infringement lawsuit ( Li v. The disputed AI-created image constitutes a “work” pursuant to the Copyright Law of the People’s Republic of China. The court therefore ruled that Defendant infringed upon Plaintiff’s copyright.

Copyright 134

Copyright Copyright Law Social Media Registration 134

Technology & Marketing Law Blog

OCTOBER 24, 2023

SMS has copyright registrations in photos of its pump dispensers. The court says that SMS’s photos clear the very low copyrightability threshold. I understand that copyright owners deserve protection for their works. FragranceX The post Copyright Lawsuits Over Product Shots Are Still Stupid–SMS v.

Copyright 85

Copyright Blogging Registration Designs 85

The TTABlog

DECEMBER 12, 2023

In this battle of the birds, frequent TTAB plaintiff Abercrombie & Fitch opposed an application to register the mark shown below left, for various clothing items, claiming a likelihood of confusion with its registered design mark shown below right, for overlapping clothing items. So it all boiled down to the marks. The Wet Seal, Inc.

Designs 56

Designs Design Registration Business 56

The TTABlog

MARCH 20, 2023

In a whopping 163-page opinion, the Board granted a petition for cancellation of two registrations for the configuration of safety helmets, rejecting Petitioner Honeywell's Section 2(e)(5) functionality claim but sustaining Honeywell's claim of lack of acquired distinctiveness. referred to as the "Ridge Designs"). ERB Industries, Inc.

Registration 68

Registration Advertising Advertising Designs 68

The TTABlog

DECEMBER 30, 2022

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine (IX) oral hearings for the month of January 2023. January 10, 2023 - 1 PM: In re OptConnect Management, LLC , Serial Nos. January 12, 2023 - 2 PM: Ultrasun AG v. January 17, 2023- 1 PM: In re Nature Cravings Pet Treats LLC , Serial Nos.

Registration 57

Registration Advertising Advertising Designs 57

The TTABlog

JUNE 30, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled four (IV) oral hearings for the month of July 2023. July 13, 2023 - 11 AM: In re Molina Healthcare, Inc. July 18, 2023 - 2 PM: In re Locals Technology Inc. July 19, 2023 - 1 PM: TF Intellectual Property Pty Ltd v. s Text Copyright John L.

Television 57

Television Technology Designs Design 57

The TTABlog

MARCH 31, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled eight (8) oral hearings for the month of April 2023. April 11, 2023 - 1 PM [Virtual]: In re Panini America, Inc. April 11, 2023 - 1 PM [Virtual]: In re Panini America, Inc. April 12, 2023 - 1 PM [Virtual]: In re Garan Services Corp. Welch 2023.

Journalism 57

Journalism Contracts Trademark Registration 57

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’). 11 and 13 EUCFR , 19 UDHR , 27.1 UDHR, and 15.1

Copyright 122

Copyright Art Copyright Law Licensing 122

The IPKat

JUNE 10, 2024

In this post, I would like to discuss the main conclusion that I reached after reviewing case law of the EUIPO issued over the period 2022 – 2023. Looking at the data published by the EUIPO from the past three years, trade mark registrations for non-conventional marks remain nevertheless low. Prada S.A.

Law 67

Law Registration Publishing Designs 67

The IPKat

DECEMBER 4, 2023

Then, on 29 November, the General Court ruled ( T-19/22 ) on the distinctiveness of the Vespa EU 3D mark, eventually ruling that the EUIPO Board of Appeal had erred in holding that registration invalid due to lack of distinctive character. In 2019, the Court of Appeal of Turin upheld the decision at first instance.

Designs 134

Designs Design Copyright Registration 134

The TTABlog

MAY 1, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine oral hearings for the month of May 2023. May 2, 2023 - 2 PM [In-person]: In re Puma SE , Serial No. May 9, 2023 - 10 AM [In-person]: In re International Technology Law Association, Inc. May 9, 2023 - 1 PM [In-person]: In re MercadoLibre, Inc.

Branding 57

Branding Brands Branding Designs 57

The IPKat

JULY 7, 2023

The 2023 “analog” conference on the Metaverse took place in London, lasted three days and hosted several panels and addresses on the different aspects of the IP legal regime concerning the Metaverse and the possibilities of regulation of this changing environment.

Reporting 86

Reporting Music IP Intellectual Property 86

The TTABlog

MAY 18, 2023

91267498 (May 15, 2023) [not precedential] (Opinion by Judge Cindy B. Greenbaum) [Opposition to registration of POUPETTE ST BARTH for perfumery and personal care products (ST BARTH disclaimed), in view of the registered marks ST BARTH (in standard characters) and LSB LIGNE ST BARTH and Design (LIGNE disclaimed), for overlapping products.]

Registration 113

Registration Designs Design Licensing 113

The TTABlog

AUGUST 7, 2023

The USPTO refused to register the mark SUNSET SUSHI & Design on the ground of likelihood of confusion with the registered mark BANSHOO SUSHI BAR & Design , for overlapping restaurant services. According to the cited registration, the English translation of "BANSHOO" is "SUNSET." Text Copyright John L.

Designs 40

Designs Design Registration Copyright 40

The IPKat

DECEMBER 10, 2023

Copyright Anastasiia Kyrylenko discussed the recent interpretation of Article 4 of Directive 2004/48/EC by the CJEU in relation to possibility for collective management organisations to bring, in their own name, actions for copyright infringement on behalf of the right holders. Here is what you missed last week on the IPKat.

Registration 67

Registration Copyright Law Copyright Intellectual Property 67