Kluwer Copyright Blog

APRIL 5, 2023

Opposing the claimants’ arguments, Ravensburger challenged the cross-border application of Italian law, alleging that the claims conflict with article 14 of Copyright Directive in the Digital Single Market (CDSM) Directive since they attempt to unlawfully impose property assertions on public domain works. 633/1941, l.

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Public Domain Copyright Law Artwork 98

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

However, the prevalence of unauthorized use of renowned person names in advertisements has become a concern. Need for Protection of Personal Names through IPR Celebrities commonly demand a licensing fee for the utilization of their name, image, or other distinctive attributes in advertising or merchandising endeavours.

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Intellectual Property Registration Trademark Personality Rights 76

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. Defendant had not obtained the Deposit Design from the Copyright Office. Defendant had not tried to find out why Amazon kept reinstating Plaintiff’s listing.

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Registration Fair Use Copyright Designs 111

IP and Legal Filings

SEPTEMBER 12, 2022

The issue of copyrightable material for modern art that is object-based or based on a design still exists, though. After using a fragment of the imagery from the advertising in his painting, Koons gave the image new significance in his 2000 piece Niagara. right to copyright will exist. Copyright can be applied to art if it can be sold.

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Art Copyright Artistic Work Public Domain 52

SpicyIP

NOVEMBER 15, 2022

The High Court also noted that merely because the impugned mark’s advertisement occurred in Delhi, the courts of Delhi will not become eligible to adjudicate on the dispute. Controller of Patents and Designs ( pdf ), was decided by the Delhi High Court and deals with issues pertaining to prior art and inventive step. Image from here.

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Trademark Patent Copyright Designs 105

LexBlog IP

FEBRUARY 14, 2023

Design patents protect the look of something functional, regardless of whether the functional aspects are new. Because of this, a popular use of design patents is to protect the outside of common consumer products. Increasingly, companies are investing in designing unique and aesthetically pleasing typefaces.

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Design Patent Designs Design Patent 52

SpicyIP

APRIL 17, 2023

To Be or Not To Be (Design): Calcutta HC Sways Against Trend of Denying Design Registrations Over GUIs Image from here Can a GUI be regarded as a Design? The Single judge restrained the appellant (HUL) from publishing a print advertisement and airing three YouTube videos for its product ‘Domex’.

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Advertising Advertising Confidentiality Trademark 105

SpicyIP

MARCH 15, 2022

In 2019, the European Union (EU) has introduced the Press publishers’ rights under Article 15 of the Directive on Copyright in the Digital Single (CDMA) with an intention to redistribute the inequitable distribution of digital advertising revenue between the news media and information society service providers. Analysis in Indian Context.

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IP and Legal Filings

MAY 3, 2023

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.” With the information in the public domain, the Rural Telephone Service issued a phone book. A publishing company called Feist Publications Inc.

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Copyright Public Domain Copying Publishing 85

The IP Law Blog

JANUARY 12, 2023

And be sure to confirm that all domain names and social media accounts are registered to the company; you would be surprised at how often a domain name or social media account is registered to an individual company employee and not the company itself. Such inventions may be protectable under federal patent laws.

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IP Intellectual Property Social Media Cease and Desist 98

LexBlog IP

JANUARY 12, 2023

And be sure to confirm that all domain names and social media accounts are registered to the company; you would be surprised at how often a domain name or social media account is registered to an individual company employee and not the company itself. Such inventions may be protectable under federal patent laws.

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IP Intellectual Property Social Media Cease and Desist 52

Copyright Lately

OCTOBER 25, 2021

The humanized skeleton figure on the left is Skully, which artist and entrepreneur Gregory Spiers first conceived while designing a T-shirt for the Lithuanian Olympic basketball team. The humanized skeleton figure on the right is Curly, a character designed for Scholastic’s popular “Goosebumps” series of books.

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Copyright Cinema Copying Copyright Infringement 144

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.

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Ownership Copyright Fair Use Intellectual Property 52

SpicyIP

JANUARY 2, 2022

The Court noted that redacting one’s name from a judgment acquitting them is counterproductive when there are other tarnishing publications in the public domain and that access to court judgments are integral to “open justice”, subject only to some exceptions. Top 10 Judgments/Orders [Jurisprudence/Legal Lucidity].

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IP Intellectual Property Copyright Trademark 143

43(B)log

DECEMBER 20, 2022

In addition, the design of the title of the 2013 Documentary was allegedly similar to plaintiffs’ registered 12 O’Clock Boyz logo. Nor was use on Wikipedia, IMDB, or advertising of “12 O’Clock Boys” as a potential title on Wikipedia, IMDB, or in advertising for the film enough given Rogers. “[T]he

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Fair Use Trademark Copyright Editing 52

IP and Legal Filings

NOVEMBER 27, 2022

Trademark refers to the cumulation of distinctive sign/symbol, design, or combination which is exclusively associated with the products or services helping the targeted customers identify the same easily. With the fast-growing media and entertainment sector, the era of digital advertising for product branding and selling has also stepped up.

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Trademark Branding Brands Branding 52

43(B)log

APRIL 26, 2022

The trial court found Ethicon committed 153,351 violations of the Unfair Competition Law (UCL) and 121,844 violations of the False Advertising Law (FAL) and imposed a $1,250 civil penalty for each violation. Materiality can also be relevant to whether class treatment is justified in a private FAL/UCL restitution action.

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Advertising Advertising Marketing Marketing 59

Technology & Marketing Law Blog

JUNE 21, 2023

1125(c)(3)(C) by claiming its humorous use of the Jack Daniel’s marks was not pure commercial speech because it poked fun at the company in the Bad Spaniels design. Parody doctrine can apply when a similar mark is used as a designation of source, such as in the Chewy Vuiton case. Source-identifying uses of marks.

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Trademark Blogging Trademark Law Fair Use 99

43(B)log

JUNE 24, 2022

Typically D argues that I’m using the term in mere advertising copy/not in a TM space. It’s text and not design so we don’t call it ornamentality. Ramsey: BB is interesting because they used a public domain image on the shirt. 1A and © public domain seem to answer the market definition Q.

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Trademark Law Law Trademark Fair Use 56

43(B)log

FEBRUARY 23, 2024

Sears/Compco said there was a right to copy things in the public domain; how did that go away? Farley: INTA says its objective is to protect the public through the use of TMs/avoiding deception. Google fought for keyword advertising but couldn’t win that today. Eric Goldman: the platforms could be a countervailing force.

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Trademark Law Branding Brands 45

43(B)log

FEBRUARY 24, 2023

Display on front of T-shirt: ornamental, decorative; have legislature consider purposes of TM and PTO as well to be gatekeeper to protect public domain. we could add harm back in to the TM test): defamation has these too; patent/false advertising interface requirement of knowing the claim was meritless.

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Trademark False Advertising Fair Use Branding 69

LexBlog IP

JANUARY 10, 2024

Government by its officers and employees should not be subject to copyright” and fall “in the public domain.” It is strange because that would mean that the unpublished portions would also be government works available for public use. . “The basic premise of [S]ection 105.[is] ” H.R.

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Ownership Copyright Government Intellectual Property 52