The IPKat

AUGUST 27, 2023

Regardless of this oversight, UrhDaG is inapplicable to the case anyway because as Art. As a result, the platform was found to have carried out an act of communication to the public under Art. 2(6) of the DSM-Directive and Section 3 Nr. Applying the CJEU’s reasoning from YouTube/Cyando , the court found Rakuten to play a central role.

Copyright Infringement 94

Copyright Infringement Due Diligence Advertising Advertising 94

IIPRD

NOVEMBER 14, 2023

Musical Arts, designs, pictures, software, material, and many other sorts of Intellectual Property can be transferred using an e-commerce platform in the digital age. 13] It has specifically mentioned provisions about the mandate of exercising due diligence and caution while detecting such shams. In the case of Tiffany v.

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

IP Intelligence

JUNE 5, 2023

Typically, this issue comes to light during litigation between the parties to the agreement or during due diligence surrounding the purchase of a company. Under some state statutes, an accidental franchise could constitute a misdemeanor or even a felony. See, e.g. , Alaska Stat. 45.66.210(a) (2009); Fla. 559, § 559.815 (2006); and Ind.

Licensing 52

Licensing Due Diligence Business Trademark 52

IP Intelligence

JUNE 6, 2023

Typically, this issue comes to light during litigation between the parties to the agreement or during due diligence surrounding the purchase of a company. Under some state statutes, an accidental franchise could constitute a misdemeanor or even a felony. See, e.g. , Alaska Stat. 45.66.210(a) (2009); Fla. 559, § 559.815 (2006); and Ind.

Licensing 52

Licensing Due Diligence Business Trademark 52

Patent Trademark Blog

SEPTEMBER 28, 2022

This is important because you do not want to abdicate your duty of disclosure by failing to disclose known, material prior art references. If new prior art is uncovered in the PCT application through a search report, you will need to file an IDS in the related US nonprovisional application and in any other related US patent applications.

Patent 52

Patent Due Diligence Patent Application Art 52

LexBlog IP

NOVEMBER 6, 2023

In August 2023, the New York District Attorney’s (NYDA) Antiquities Trafficking Unit, which specializes in investigating looted artifacts, seized a headless statue valued at $20 million from the Cleveland Museum of Art (CMA) under a search warrant issued by a New York court.

Ownership 52

Ownership Art Due Diligence Law 52

The IPKat

AUGUST 11, 2021

The Hamburg Court’s decision The judges found the “re-pin” in question to be infringing the plaintiff’s right of communication to the public under § 19a Urheberrechtsgesetz (UrhG – the German equivalent of Art. 3(1) of the Copyright Directive ). Ultimately, the defendant failed to rebut the assumption of knowledge.

Copyright Infringement 145

Copyright Infringement Copyright Due Diligence Social Media 145

LexBlog IP

JUNE 6, 2023

Typically, this issue comes to light during litigation between the parties to the agreement or during due diligence surrounding the purchase of a company. Under some state statutes, an accidental franchise could constitute a misdemeanor or even a felony. See, e.g. , Alaska Stat. § § 45.66.210(a) (2009); Fla. Rodopoulos v.

Licensing 52

Licensing Due Diligence Business Intellectual Property 52

Traverse Legal Blog

MARCH 8, 2022

art, photograph, video, NFT asset). The art inside the gallery is protected by COpyright law. Due diligence is critical. Courts will either rule that the ownership of the punks was part of the minting or that an implied license accompanies the digital art, which is the Crypto Punk image.

Non-Fungible Tokens 131

Non-Fungible Tokens Artwork Licensing Branding 131

Kluwer Copyright Blog

JUNE 19, 2023

The ‘ Dune’ scenario is a well-known ‘tale of crypto folly’ featuring NFT purchasers who failed to exercise appropriate due diligence in determining what rights are granted when procuring an NFT.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

IP and Legal Filings

MARCH 9, 2022

Introduction: Appreciating art, culture, and innovation is a prevalent practice for ages. With no hidden atrocities the labor intended to be associated with the innovation should be given their due diligence and the public can to emanate from the same. It must only include music, literary works like art, and much more.

Ownership 71

Ownership Copyright Trademark Contracts 71

Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 16, 2022

Information subject to the duty includes: Prior art. Procedures may also be developed for inclusion on the company’s “due diligence” checklist for patent, product, or company acquisitions and/or sales involving FDA-regulated products. Medical devices and drug/device combinations. Diagnostic methods. Digital health. Others (e.g.,

Patent Prosecution 76

Patent Prosecution Due Diligence Reporting Inventor 76

IIPRD

JANUARY 24, 2023

Patentibility faces two major challenges namely, framing of invention and prior art in the rapidly developing industry. Hence filing process and product patents in the concept stage is one of the most essential element to protect inventions. Author : Dabiru Bhagyashree, a 4 th year IP Hons.

IP 52

IP Invention Intellectual Property Due Diligence 52

IP and Legal Filings

FEBRUARY 20, 2023

Academy of Motion Picture Arts and Sciences v. It is likely to then proceed to pass off or indulge in cybersquatting resulting in litigation between the third party and the genuine trademark holder when the problem could have been resolved at the root level by imposing a certain level of liability on the Domain Name Registrar.

Trademark 87

Trademark Registering Trademarks Registration Trademark Law 87

IP Tech Blog

MARCH 18, 2022

The brief further argued that the term METABIRKINS refers both “to the context in which he makes the art available (i.e., the online, virtual environment popularly dubbed the ‘Metaverse’) and alludes to his artwork’s ‘meta’ commentary on the Birkin bag and the fashion industry more generally.”.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

Kluwer Copyright Blog

JULY 14, 2023

In a policy paper , copyright and art-law experts led by the author clarified the general copyright law principles applicable to stakeholders dealing with digital cultural heritage worldwide and formulated recommendations, addressed to policy-makers, to facilitate their digital activities. Proposal 8.

Database Right 52

Database Right Licensing Public Domain Artwork 52

LexBlog IP

DECEMBER 26, 2023

You’ll almost certainly see language that says you cannot apply for copyright or trademark registration for those logos , and that Canva and whoever they licensed the clip art, photos, etc. used in those generated logos retain the ownership to that original art and do not give you a license to use it exclusively.

Designs 52

Designs Design Trademark Copyright 52

LexBlog IP

MARCH 18, 2022

” The brief further argued that the term METABIRKINS refers both “to the context in which he makes the art available (i.e., [which] comments on the animal cruelty inherent in Hermès manufacture of its ultra-expensive leather handbags.”

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

LexBlog IP

APRIL 25, 2022

On February 4, 2022, the Treasury Department published its Study on the Facilitation of Money Laundering and Terror Finance Through the Trade in Works of Art (the “Report”). [1] Yet the Report also discussed how the art market remains susceptible to money laundering and describes how market participants can minimize this risk.

Art 52

Art Marketing Marketing Due Diligence 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

Patent and Trademark Office, Lawrence has also assisted clients with patent due diligence, patent prosecution, and other non-litigation patent analysis, including IP licensing. magna cum laude in industrial and system engineering and liberal arts, respectively, from the University of San Diego. Jared also has an M.S.

Intellectual Property 52

Intellectual Property Journalism Intellectual Property Law Litigation 52

LexBlog IP

DECEMBER 6, 2021

Important Patent Considerations: Do your homework: Often, the best place to start is with Due Diligence. Review the competitive and patent landscape to learn about the prior art, and craft your patent strategy accordingly. If your goal is to monetize your product, make sure that you do it right!

Intellectual Property 52

Intellectual Property Patent Application Invention Branding 52

Kluwer Copyright Blog

JANUARY 18, 2022

To achieve these aims, the DSA sets out numerous due diligence obligations of intermediaries concerning any type of illegal information, including copyright infringing content. 17 CDSMD, and DSA rules on issues that Art. To ensure consistency, Art. 17 of the Copyright in the Digital Single Market Directive (CDSMD).

Copyright 126

Copyright Due Diligence Art Copyright Law 126

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Further, it would also simplify due diligence required for IP transactions such as mergers and acquisitions. Likewise, the blockchain technology could be used to publish various technologies for a defensive publication for instance prior art to prevent others from getting a patent over these technologies.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Further, it would also simplify due diligence required for IP transactions such as mergers and acquisitions. Likewise, the blockchain technology could be used to publish various technologies for a defensive publication for instance prior art to prevent others from getting a patent over these technologies.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Further, it would also simplify due diligence required for IP transactions such as mergers and acquisitions. Likewise, the blockchain technology could be used to publish various technologies for a defensive publication for instance prior art to prevent others from getting a patent over these technologies.

Technology 52

Technology Patent IP Invention 52

Copyright Lately

MAY 6, 2022

It would have taken a bit of due diligence, but not much. When you purchase an NFT, you own the underlying Bored Ape, the Art, completely. When you buy the NFT, you own the “underlying Bored Ape, the Art,” completely. Definitely. The warning signs were all there. ” Sounds pretty good, right?

Derivative Work 85

Derivative Work Licensing Artwork Contracts 85

Traverse Legal Blog

APRIL 1, 2021

Should you hire a lawyer to work with you if you are selling or buying an NFT and licensing the associated digital art? Your only protection on the front end is due diligence. The underlying digital asset is copyright protected and licensed to the buyer of the NFT. The Difference Between Cryptocurrency and NFTs. It is standard.

Non-Fungible Tokens 98

Non-Fungible Tokens Artwork Contracts Due Diligence 98

Kluwer Copyright Blog

SEPTEMBER 7, 2022

Our focus here is the legal regime of art. We then briefly explain the legislative process leading to the adoption of the Directive, followed by a snapshot of the legal regime, including remarks relating to the European Commission’s stakeholder consultations and the Commission’s Guidance on art. 17 CDSMD to reflect these principles.

Copyright 56

Copyright Art Reporting Due Diligence 56

SpicyIP

MAY 6, 2024

The MHC in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs clarified the role of the ‘person skilled in the art’ (PSITA) in determining non-obviousness. Highlights of the Week Problem Statement Precision: A Key Factor in TSM-Based Non-Obviousness Determination?

Trademark 59

Trademark Invention Licensing Patent 59

azrights

AUGUST 11, 2022

So, if you’re intending to use an unusual, highly distinctive image generated by AI, you may want to do some due diligence to establish that there is no obvious infringement. Since the 1970s computers have been producing crude works of art. If so, that image would infringe copyright in the original. Computer generated works.

Copyright 97

Copyright Due Diligence Designs Design 97

IP Whiteboard

JUNE 7, 2021

However, in the digital art world, most NFTs are created or “minted” through a fairly straightforward process by a third party platform. Until now, the sale of digital art has been a difficult proposition. This source of income is not available to artists who sell traditional art. What are the benefits of NFTs?

Non-Fungible Tokens 40

Non-Fungible Tokens IP Cease and Desist Ownership 40

TorrentFreak

JULY 23, 2023

Our bare metal servers are located in third-party data centers that are operated by trusted business partners with whom we have completed serious due diligence. We offer and recommend WireGuard, a high-performance protocol that utilizes state-of-the-art cryptography. Yes, these are implemented using platform tools.

Privacy 137

Privacy IP Technology Reporting 137

43(B)log

JUNE 30, 2023

Not only rules in Art. Van Hoboken: it’s not very clear how to judge moderation especially at the level at which Art. Comment: DSA really does require an audit to assess compliance w/ due diligence obligations including risk mitigation/fundamental rights. Transparency is a wicked question: who for and how. 14 is drafted.

Law 56

Law Social Media Due Diligence Art 56

43(B)log

APRIL 7, 2023

DSA improvements on Ecommerce directive: new, clarified and linked to due diligence obligations. Liability exemptions are independent of a full set of due diligence obligations. This is the major DSA regulatory contribution—splitting due diligence from liability for third party content.

Due Diligence 52

Due Diligence Copyright Art Fair Use 52