The IPKat

JUNE 27, 2022

On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, cybersquatting and other cause of actions before the Central District of California. This is a U.S federal court which has jurisdiction in the case pursuant to Title 28 of the United States Code.

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

IPilogue

DECEMBER 20, 2021

Members of fandoms often participate in various creative activities inspired by their source material, including dressing up as the characters, writing stories based in the fictional universe, and making drawings about the original work. Unfortunately, laws around fanfiction and fanart are not clear.

Copyright 122

Copyright Television Copyright Infringement Derivative Work 122

Technology & Marketing Law Blog

OCTOBER 6, 2022

While the occasional commercial use of a tattoo in a video game remains rare, tattooers use copyrighted material in their work on a regular basis. But the recent lawsuit against Kat Von D, alleging that she copied a portrait of Miles Davis by photographer Jeff Sedlik, suggests these once-tolerated uses may be under threat.

Blogging 133

Blogging Fair Use Copyright Infringement Copyright 133

Copyright Lately

MAY 1, 2023

The comments from Michael Nash quoted above really only speak to the input phase, during which audio recordings are copied to a dataset that’s then used to train a voice model. It isn’t human-readable and does not contain copies of any audio recordings. But once created, the voice model is just a set of parameters.

Music 87

Music Copyright Copying Copyright Law 87

Intepat

OCTOBER 7, 2022

Unlike Copyright, a registered design grants the proprietor the exclusive right to create the design, which means they may sue someone who infringes on their design even if it is not copied. To protect original ideas: When someone comes up with a unique concept, others try to copy it for their financial gain.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

The IPKat

JANUARY 18, 2023

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

Artwork 82

Artwork Contracts False Advertising Intellectual Property 82

Intepat

OCTOBER 7, 2022

Unlike copyright, a registered design grants the proprietor the exclusive right to create the design, which means they may sue someone who infringes on their design even if it is not copied. To protect original ideas: When someone comes up with a unique idea, others try to copy it for their own financial gain.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

LexBlog IP

FEBRUARY 28, 2022

13] Instead, the Second Circuit held that the differences between the works are more akin to the differences between a novel and an adaptation of that novel—“a paradigmatic example” of a derivative work that would require a license. [14]. It found that all four fair use factors weighed against fair use. [12]

Fair Use 97

Fair Use Derivative Work Art Licensing 97

Intellectual Property Office Blog

JULY 29, 2021

As ITV2’s most successful show of all time, it’s no surprise that it attracts such huge sponsors and advertisers to invest. Love it or hate it, Love Island has fast become one of the UK’s most watched shows, peaking at 5.9 million viewers back in 2020. The premise of the show is, as the name suggests, to find love.

IP 85

IP Branding Brands Branding 85

Kashishipr

JULY 13, 2022

In the ongoing digital era, most AR apps work by identifying a 2D symbol or physical object and then animating that view before the user’s eyes to set an illusion that it has transformed into something else. The question in this scenario is whether this process infringes upon the right to create a derivative work of the physical object?

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

Intepat

MAY 24, 2023

This agreement typically includes terms regarding exclusivity, compensation, quality standards, permitted usage and advertising methods, territorial limitations, and the provision of models, patterns, or samples. -transferee/licensee, with the intention of acquiring or transferring exclusive rights or approval to use technology. (4)TRADEMARK

Intellectual Property 98

Intellectual Property Contracts Ownership Invention 98

Technology & Marketing Law Blog

JANUARY 12, 2024

In a framing case, the plaintiffs’ web servers aren’t the affected chattel because the plaintiffs’ web servers delivered the web pages directly to users’ devices, after which the framer (Google) superimposed its frame on the web pages once the copies were in users’ RAM. ” Even this correction is suboptimal.

Copying 74

Copying Ownership Derivative Work Contracts 74

Technology & Marketing Law Blog

OCTOBER 19, 2021

Plaintiffs want and expect Google to copy and display their websites in Chrome browser and Search App, and acknowledge that Google has license to do so.” ” No, that’s exactly what the derivative work right covers, and it’s the exact issue litigated in the old WhenU cases. ” Wait, what? Implications.

Licensing 87

Licensing Copyright Contracts Advertising 87

JIPL Online

APRIL 9, 2021

If memes are so powerful to engage users with the underlying content, as recognized by their increased use as an advertising tool, then how can the same corporations claim that memes are creating a serious harm that the law should recognize and protect? 405 (2019); Terrica Carrington, Grumpy Cat or Copy Cat? vii] Deidrè A.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Copyright Lately

JANUARY 31, 2023

” Primary Wave licensed the right to use the “Never Gonna Give You Up” composition to Yung Gravy’s team, which allowed them to copy the lyrics and melody, but not to record the actual sounds from the sound recording. In the meantime, below is a copy of Rick Astley’s new complaint. ” 17 U.S.C. §

Music 99

Music Copyright Licensing Copyright Infringement 99

Patently-O

DECEMBER 11, 2023

so-called “non-expressive” use in which copying is undertaken not to distribute the copied material directly or indirectly but rather for some other purpose. The FTC Comments do not explicitly refer to or analyze the substantial body of court decisions holding that a range of non-expressive uses of copyrighted works are fair uses.

Copyright 95

Copyright Fair Use Copyright Law Copyright Infringement 95

43(B)log

SEPTEMBER 7, 2023

15, 2023) This is a copyright suit against Gannett for advertising-like use of a photo taken by Campbell of NFL coach Katie Sowers; the photo came from a screenshot of an ad run by Microsoft that played during the Super Bowl. Gannett derives revenue from the Ad Meter Platform, which included its own advertisement and sponsorship revenue.

Advertising 59

Advertising Advertising Copyright Infringement Publishing 59

IP and Legal Filings

MAY 3, 2023

Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. The papers were taken from copies of the examination papers that students provided, not from publications by the University of London Press Ltd.

Copyright 90

Copyright Public Domain Copying Publishing 90

Copyright Lately

OCTOBER 25, 2021

In fact, he was so big that when the producers of “Ghostbusters” approached him about writing the theme for their upcoming film, Lewis had to decline because of previous commitments, including his work on the “Back to the Future” soundtrack. The “Ghostbusters” folks eventually settled on Ray Parker Jr.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

LexBlog IP

JULY 21, 2021

In Europe and the United States at least, every trademark has at least three purposes: (1) It identifies the origin of a product or service; (2) It guarantees consistent quality of that good or service; (3) It serves as symbolic communication as a basis for publicity and advertising. Compendium, at Section 313.2 ]. copyright law. ” Id.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

43(B)log

AUGUST 11, 2021

Courts don’t do really prong one beyond assessing access (not independently assessing copying). Derivative works? Not all innovations are good or desirable: innovative advertising may target consumers in vulnerable positions; innovative branding can be employed for discriminatory/racist ad targeting.

Trademark 72

Trademark Copyright Branding Brands 72