Dear Rich IP Blog

AUGUST 27, 2023

You don't need permission for designs produced before 1928 as they are in the public domain. You likely don't need permission for designs produced before 1963 because they would have to have their registrations renewed (and very few were). Would the owner of a 50-year+ chinaware design be policing needlepoint designs in 2023?

Designs 52

Designs Design Copyright Notice Public Domain 52

LexBlog IP

MAY 16, 2023

” [3] The opposition made its way through a myriad of motions, testimony, and oral hearings before the TTAB reached its final decision on May 4, 2023. ” [3] The opposition made its way through a myriad of motions, testimony, and oral hearings before the TTAB reached its final decision on May 4, 2023.

Public Domain 52

Public Domain Intellectual Property Trademark Registration 52

Patently-O

AUGUST 18, 2023

18, 2023). The Copyright Office denied the registration application on the grounds that copyright law requires human authorship. With the current copyright regime requiring human authorship, however, true machine-created art remains in the public domain. By Dennis Crouch Thaler v. Perlmutter, No. 22-1564 (D.D.C.

Copyright 76

Copyright Public Domain Copyright Law Ownership 76

IP and Legal Filings

JANUARY 29, 2024

An indication becomes generic when it returns to the public domain and is no longer protected in its country of origin or has ceased to be used there. This is stated in Section 9 of the Act, which forbids the registration of GIs that are determined to be generic names or indications of goods.

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Registration Blogging Designs Design 93

Technology & Marketing Law Blog

JANUARY 25, 2023

After he was released from jail, he got copyright registrations for the photos and sued (pro se) the media entities for copyright infringement, 1202 violations, and more. 2023 WL 266511 (N.D. In 2012, the FBI arrested Shah for extortion, which sparked news coverage. he’s not the sole or joint owner). Case Citation : Shah v.

Copyright 125

Copyright Fair Use Licensing Ownership 125

Kluwer Copyright Blog

OCTOBER 17, 2023

District Court of Columbia of 18 August 2023, No 22-1564, specifying that ‘human authorship is a bedrock requirement of copyright’. On 21 February 2023, the USCO reviewed the registration of the comic book “Zarya of the Dawn” (Registration No. Moreover, the Italian Supreme Court, in decision no.

Copyright 124

Copyright Art Copyright Law Licensing 124

Intepat

MAY 4, 2023

After the period of protection, the inventions and information surrounding it fall into the public domain. Apart from this, the public disclosure at the time of application allows others to build upon this preexisting knowledge. Recently the Competition (Amendment) Act, 2023 was passed which incorporated certain key changes.

Law 52

Law Patent Settlement Inventor 52

Technology & Marketing Law Blog

AUGUST 2, 2023

Do these creations belong to the artists or the public domain? 2023, Generative AI Works Found Ineligible for Copyright Under the U.S. Copyright Office’s decision to deny Kashtanova copyright registration in their AI-generated art places artists’ rights to ownership of their works in question. By guest blogger Prof.

Artwork 95

Artwork Blogging Art Copyright 95

The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks. pending or issued registrations) and those that are not.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Patently-O

APRIL 6, 2023

In particular, the court first assumed that the work was copyrightable based upon the registration documents. WPL established that an earlier version of the SAS System, “SAS 76,” was in the public domain. WPL demonstrated that the SAS Language should be filtered because it is open and free for public use.

Copyright 56

Copyright Copying Copyright Infringement Fair Use 56

LexBlog IP

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks. pending or issued registrations) and those that are not.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

IP Intelligence

AUGUST 15, 2023

The ability to separate out AI-generated content from the human content poses challenges at both the registration stage and the enforcement stage, with a set of related but distinct issues. 88 FR 16190. World Programming Ltd. , 4th 1319 (Fed. Zarya of the Dawn is a harbinger of such challenges for generative AI users.

Registration 52

Registration Copyright Copying Editing 52

SpicyIP

JANUARY 9, 2023

whereby the court held the mark to be in custody of the court and held the registration of the mark ‘Jawa’ in favor of Respondent no. Highlighting the court’s opinion that goodwill can exist in the mark independent of registration, she remarks that the duration of 26 years of non use of the mark could have reduced the goodwill in the mark.

Trademark 105

Trademark IP Registration Reporting 105

SpicyIP

MARCH 27, 2023

Other posts IP Financing in India – Part I: Perfection of Security and (Non) Registration of Copyright Despite the increasing importance of intellectual property in the modern economy, there is a surprising lack of attention given to IP financing in India. Case: Bennett Coleman and Co. ARG Outlier Media Pvt. & Ors.,

Designs 105

Designs Design Cease and Desist Art 105

SpicyIP

MAY 15, 2023

Deadline for the Applications: 11:59pm IST, 23rd June, 2023. Other Posts World of Possibilities: Single Judge Bench of Delhi High Court Allows Use of Celebrity Information Available in Public Domain Delhi High Court specifies some contours of publicity rights in India! on 1 May, 2023 (Delhi High Court Order No.

Trademark 104

Trademark Registration Cease and Desist IP 104

SpicyIP

NOVEMBER 16, 2023

Hulm asserted ownership of copyright on the app on the basis of a copyright registration of a literary concept note detailing the working of its app, arguing that the app is an adaptation of the literary concept note. The matter will next be taken up on December 19, 2023, where we’ll see how the DB proceeds.

Copyright 59

Copyright Marketing Marketing Copying 59

SpicyIP

APRIL 17, 2023

Krbl Limited was alleged infringement and passing off of the plaintiff’s trademark registrations for marks that include the word ‘Royal’, by the defendant’s mark ‘Zabreen Royal’ (‘Impugned Mark’). Responding in the affirmative, the Calcutta High Court has swung the interpretative pendulum back in favor of GUIs being registrable.

Advertising 105

Advertising Advertising Confidentiality Trademark 105

SpicyIP

JANUARY 8, 2024

Highlights of the Week Comments on Draft IPR Division Rules of High Court at Calcutta, 2023 Image from here Comments on the Draft IPR Division Rules of Calcutta High Court were due on January 5. Discussing the historical foundation of refusing registration to such marks Prof.

Trademark 59

Trademark Registering Trademarks Public Domain Registration 59

Corsearch

JULY 7, 2023

The IPI justified only partially granting the rights by citing the legal principle that generic images relating to common goods – such as fruit – falls under public domain and is therefore free for anyone to use. What does this mean for the global IP rights industry?

Trademark 52

Trademark Branding Brands Branding 52

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. Medical devices are patentable in India with certain caveats. 3] (1979) 2 SCC 511. [4]

Intellectual Property 52

Intellectual Property Invention Public Domain Patent 52

The IPKat

MAY 29, 2023

This Kat is pleased to review the “ Overlapping Intellectual Property rights ”, edited by Neil Wilkof [full disclosure: a member of the IPKat team], Shamnad Basheer, and Irene Calboli (OUP, 2023, 864 pp.). The fictitious German inventors want to commercialise their invention, yet do not have sufficient funds to seek patent registration.

Intellectual Property 89

Intellectual Property Editing Privacy Moral Rights 89

Technology & Marketing Law Blog

NOVEMBER 27, 2023

The United States Patent and Trademark Office (USPTO) refused registration of “Trump Too Small” under Section 2(c) of the Lanham Act ( 15 USC 1052(c) ) because the phrase includes a living individual’s name without his written consent. VIP Products (2023) opinion and its other trademark cases. Tam (2017) and Iancu v.

Registration 74

Registration Trademark Blogging Law 74

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.”

Trademark 99

Trademark Blogging Trademark Law Fair Use 99

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Fourth, if not, can Trump circumvent the registration requirement by seeking a declaratory judgment, or will he have to comply with the registration requirement? If the work was published without proper copyright notice, the work entered the public domain. District Court for the Northern District of Florida. 17 U.S.C. §

Copyright 119

Copyright Blogging Publishing Fair Use 119

LexBlog IP

JANUARY 10, 2024

On December 6, 2023, Bob Woodward and other defendants moved to dismiss claims brought against them by former President Donald J. Trump Woodward’s publication, The Trump Tapes: Bob Woodward’s Twenty Interviews with President Donald Trump, an audio-book also released in print. What did those papers say? . ” H.R.

Ownership 52

Ownership Copyright Government Intellectual Property 52