The IPKat

NOVEMBER 22, 2022

On the occasion of the opening of a new store in NY, the well-known clothing brand created a collection of NFTs based on digital copies of works of famous artists such as Miró, Tàpies and Barceló, incorporating various outfits of the collection available at the store, to be displayed in the Decentraland Metaverse, at the coordinates 16.78

Artistic Work 144

Artistic Work Artwork Public Domain Intellectual Property 144

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

Intepat

MAY 24, 2023

TYPES OF IP CONTRACTS (1)INTELLECTUAL PROPERTY ASSIGNMENT AGREEMENT The process of facilitating the transfer of ownership rights for various forms of intellectual property, such as copyrights, trademarks, patent, trade secrets, and other intangible creations is known as an intellectual property assignment.

Intellectual Property 98

Intellectual Property Contracts Ownership Invention 98

43(B)log

JANUARY 17, 2023

As part of preliminary discussions with Vubiquity about a distribution agreement for iTunes, LW provided master copies of all 60 episodes, but no agreement was ever reached. False advertising: Sybersound Recs., Copyright ownership information is CMI. But surely the copyright ownership claims affected Apple ’s behavior.

False Advertising 59

False Advertising Ownership Copyright Copying 59

43(B)log

OCTOBER 12, 2022

This case concerns major players in the world of professional polo, their efforts to produce and clone genetically superior horses, and the ownership disputes that have arisen from those efforts.” Allegedly, these statements, plus the use of the horses’ names as given by La Dolfina, constituted false advertising and false association.

False Advertising 59

False Advertising Advertising Advertising Ownership 59

IPilogue

JULY 28, 2021

Since Roderique was unaware of the advertisement and was not doing work for The Bay, she tweeted the following: “ Hey @hudsonsbay, it would have been a good idea for you to get my permission to use my face and associated activism to solicit donations ‘to support employment and empowerment of IBPOC’, no? Roderique’s Response.

Copyright Infringement 112

Copyright Infringement Copyright Social Media Ownership 112

43(B)log

JULY 20, 2022

The copy of the brochure deposited with the copyright office is 50 pages long and consists primarily of photographs depicting products and product features purportedly available from ‘ColorCopper.com.’” There’s a similar copyright registration for this site. 1” therein.

False Advertising 72

False Advertising Ownership Registration Designs 72

Intepat

DECEMBER 1, 2023

Typically, this occurs after the trademark agency has examined and published the application for advertisement. Details of the opposing party – When submitting an opposition, the owner of an earlier mark or earlier right is required to include his name, address, and a declaration proving his ownership of the mark or right.

Trademark 59

Trademark Registering Trademarks Registration Copying 59

Technology & Marketing Law Blog

DECEMBER 27, 2023

It would be as if an image within a newspaper advertisement were not commercially used until a customer paid their quarter, unlocked the newsrack, opened the paper, began reading, opened the page containing the relevant circular, and saw it. Code § 3344, which is predicated upon “knowing[ ] use[ ] … for purposes of advertising.”

IP 72

IP Advertising Advertising Copyright 72

azrights

OCTOBER 27, 2021

They copy business models, and any aspect of a business’ successful branding, be it, by introducing new features, copying its positioning, or even using similar names or brand identifiers. Some will copy blatantly, others are more savvy so will copy what they calculate they can get away with. Take Coca Cola as an Example.

Branding 52

Branding Brands Branding Copying 52

IIPRD

NOVEMBER 22, 2023

There is a need to understand that the content published is available to anyone and everyone with internet and can be copied and used. Ensuring Compliances of IP laws Trademarks and logos: On media platforms, names and emblems are commonly used to advertise companies and services, both visually and orally.

Social Media 59

Social Media IP Intellectual Property Copying 59

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

azrights

NOVEMBER 3, 2021

You may remember from a previous blog post that Coca Cola had design protection of the bottle shape available as an interim measure while they built associations to the bottle shape through their advertising. In practice, there is a constant interplay between use of identifiers and ownership of them. Competitors Copying Your Colour.

Trademark 52

Trademark Branding Brands Branding 52

Traverse Legal Blog

APRIL 17, 2021

There are open auctions, limited auctions, various flavors of ownership for the NFT, and sales of both digital and non-digital assets. Was that ownership transferred, and if so, to whom? What kind of private key do you have attached to that ownership? What kind of private key do you have attached to that ownership?

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

43(B)log

DECEMBER 26, 2022

for unlawfully manufacturing, importing, advertising, marketing, selling, and distributing unauthorized, counterfeit versions of its popular CAKE brand of hemp-derived Delta-8 products. But the distribution right does not include “the mere transportation of goods without a transfer or sale of ownership interest in the goods.”

Copyright Infringement 59

Copyright Infringement Branding Brands Branding 59

BYU Copyright Blog

JULY 25, 2023

and infringed on Messerschmidt's rights to the photographs when they allegedly copied and displayed the photographs on their website. Such a move is essential to strengthen a copyright claim by establishing a clear record of ownership and the timeline of events surrounding the alleged infringement.In Rural Telephone Service Co.

Intellectual Property 52

Intellectual Property Ownership Copyright Copyright Infringement 52

TorrentFreak

JANUARY 31, 2023

This content is freely available and monetized through advertisements. A copy of the agreement is offered as evidence and signed by Kumar. “Defendant Kumar has made a claim of ownership of Plaintiff’s work and infringement by Plaintiff. However, there is one particular threat to this lucrative business model: pirate sites.

Copyright Infringement 83

Copyright Infringement Contracts Ownership Copyright 83

SpicyIP

DECEMBER 6, 2023

Kochupillai explains that ‘moral rights’ confers ‘a special right to the author for protecting his/her work even if the creator transfers the ownership and relinquishes all economic rights over the created work’. 166 of Create, Copy, Disrupt). 52(1)(t) since the mural was situated in a ‘public place to which the public has access.’

Moral Rights 49

Moral Rights Fair Use Art Artistic Work 49

Technology & Marketing Law Blog

MAY 30, 2022

Courts in the Fifth Circuit consider: (1) the type of mark allegedly infringed; (2) the similarity between the two marks; (3) the similarity of the products or services; (4) the identity of retail outlets and purchasers; (5) the identity of the advertising media used; (6) the defendant’s intent; and (7) actual confusion.

Blogging 90

Blogging Social Media Television Fair Use 90

LexBlog IP

DECEMBER 26, 2023

used in those generated logos retain the ownership to that original art and do not give you a license to use it exclusively. usually you won’t be given the rights needed to have ownership or apply for registration, but even if you are, your logo could still be refused copyright and trademark registration for other reasons.

Designs 52

Designs Design Trademark Copyright 52

The IPKat

DECEMBER 16, 2021

While the High Court found Morison liable for trademark infringement as well as passing-off, the trial judge did not make a finding of copyright infringement, stating that as the designer of the device was not called to testify, copyright ownership was not sufficiently proven. NTA-Star used photos of Banire on their billboards.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

Kashishipr

AUGUST 17, 2022

When it comes to promoting, marketing, and advertising, social media is one of the most effective and powerful ways. It currently accounts for about 15% of the entire revenue spent on global advertising. As per a report, influencer marketing investment is expected to reach $15 billion in 2022. How to Ensure Compliance with IP?

Social Media 52

Social Media Intellectual Property Registration Branding 52

The TTABlog

MAY 25, 2023

JBL pointed to its ownership of seven design patents for rocking chairs of the same or a very similar configuration. Finally, there was no direct evidence of consumer perception of the proposed mark, nor any evidence of copying or of unsolicited media attention.

Designs 52

Designs Design Design Patent Advertising 52

TorrentFreak

JANUARY 31, 2023

This content is freely available and monetized through advertisements. A copy of the agreement is offered as evidence and signed by Kumar. “Defendant Kumar has made a claim of ownership of Plaintiff’s work and infringement by Plaintiff. However, there is one particular threat to this lucrative business model: pirate sites.

Copyright Infringement 70

Copyright Infringement Contracts Ownership Copyright 70

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

43(B)log

JUNE 26, 2023

16, 2023) The court refused to dismiss copyright and trademark claims based on copying of a TV show format, including the hosts. It developed the show with Big Fish, but the parties agreed that A&E would have exclusive ownership of the rights in Live PD. “In A&E Television Networks, LLC v. 7411 (KPF) (S.D.N.Y.

Social Media 59

Social Media Copying Fair Use Advertising 59

IP and Legal Filings

JANUARY 22, 2024

Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings. Secure Distribution is a means of distributing digital content using encrypted codes which prohibit copying and limits the number of devices a product can be accessed from.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Technology & Marketing Law Blog

AUGUST 2, 2023

s advertisement for hats, copying Sarony’s Oscar Wilde No. Copyright Office’s decision to deny Kashtanova copyright registration in their AI-generated art places artists’ rights to ownership of their works in question. Ehrich Bros.’s 2023, Generative AI Works Found Ineligible for Copyright Under the U.S.

Artwork 95

Artwork Blogging Art Copyright 95

43(B)log

AUGUST 4, 2021

Congress amended the statute to ensure that retransmissions of cable would be public performance; then the issues shifted to copying. Netcom raised the problem of volition for copying for online servers. What distinguishes that from a copy shop?] For Aereo, only the tech entity is responsible for the public performance.

Copyright 90

Copyright Trademark Copying Fair Use 90

IIPRD

AUGUST 4, 2022

However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. If the Artist had registered his work as Copyright, he would have had legal proof of ownership in this situation. Obtain legal ownership verification. False advertising should be avoided when defaming a product.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

IP and Legal Filings

SEPTEMBER 8, 2023

Even knowing the hectic process beforehand also, there exists the competitors who copy the core process and change their brand name, shape, size and color to prove themselves unique. A soap besides its fragrance has to go through tests based on skin allergies and compatibility of usage by the end users.

Trademark 52

Trademark Registration Marketing Marketing 52

IP and Legal Filings

AUGUST 14, 2023

Since copyright in whatever form (even first ownership) is subject to the territoriality principle, many argue that lex loci protectionis is the appropriate course of action. [10] Person A makes a copy of the movie on his phone and shares it with his friends. His friend, B, sells it to an online streaming platform called ‘Freelm’.

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

azrights

MARCH 15, 2021

Securing legal protection gives you scope to build associations to your brand name without fear of competitor copying. Even if your advertising budget is tiny, you can confidently build up recognition to such an asset because you have powerful rights available to you to fend off copyists.

Branding 52

Branding Brands Branding Trademark 52

LexBlog IP

NOVEMBER 17, 2021

The Defendants were advertising, marketing and selling milk products in Canada through LinkedIn in association with the trademark AMUL and claiming to be Kaira. Second, the Defendant was misrepresenting itself and creating confusion: they were using exact copies of Kaira’s marks and copyrighted works.

False Advertising 40

False Advertising Social Media Trademark Branding 40

43(B)log

APRIL 28, 2022

“In preparation for the league’s debut, Defendants have invested tens of millions of dollars in acquiring intellectual property rights, advertising, broadcasting, stadium and apparel deals, and in hiring players, coaches, trainers, and other staff, and in branded uniforms and equipment. Plaintiffs never supplied the requested information.”

Licensing 45

Licensing Advertising Advertising Registration 45

IP and Legal Filings

SEPTEMBER 12, 2022

Cooper case, a work does not have to be entirely unique in order to be protected by copyright; rather, there needs to be some effort put into it and it cannot be a carbon copy of another person’s work. Ownership of Copyright. Ownership under employment. According to the Macmillan & Co.

Art 52

Art Copyright Artistic Work Public Domain 52

43(B)log

JANUARY 18, 2022

WRB had a presumption of ownership for both “Hammer-Schlagen” and trade dress because of its registrations. Thus, WRB wasn’t likely to succeed on ownership. Even if WRB showed ownership, it didn’t show likely confusion at this stage. Its advertising is in orange with block letters and a drawing of a hammer.

Registration 45

Registration Ownership Social Media Marketing 45