JD Supra Law

OCTOBER 28, 2022

Thank you for reading the October 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss an ongoing trademark suit involving a claim of irreparable harm, share the now open gTLD Sunrise periods, and feature analysis of Supreme Court copyright case Andy Warhol Foundation for the Visual Arts Inc.

Marketing 98

Marketing Marketing Art Trademark 98

Art Law Journal

AUGUST 8, 2023

In the evolving market landscape, businesses are returning to brick-and-mortar roots. Art plays a crucial role, transforming establishments into inviting, personal spaces. This shift, enhancing both customer connection and retention, paves the way for increased sales and a distinctive business identity.

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Art Business Marketing Marketing 52

Art Law Journal

JULY 26, 2018

While forgeries in the online art market are prevalent, art forgeries in the general art market are hardly rare. Art Law Journal reviews what collectors should watch out for, including provenance and appropriate documentation. Steve Schlackman.

Art 52

Art Marketing Marketing Art Law 52

The IPKat

MARCH 25, 2024

Here’s what Henning writes: Works of applied art – the difference between design and copyright law by Henning Hartwig I. Thus, as noted elsewhere , the test for finding copyright subsistence starts with the degree of creative freedom exercised by the author in light of the relevant prior art.

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Copyright Law Art Designs Design 78

JD Supra Law

JULY 17, 2023

G1/23 – EPO Enlarged Board of Appeals of the EPO “available” (referral from T 0438/19) - Under which circumstances can the public prior use of a product constitute prior art for novelty or inventive step[s], specifically if the composition or internal structure of the product can only be analysed and or reproduced with difficulty?

Art 52

Art Marketing Marketing Invention 52

Patently-O

AUGUST 17, 2021

The focus of the appeal is whether the purported “Burns” reference should count as prior art. the prior art disclosures of these documents are the same. On appeal, the Federal Circuit found “overwhelming evidence” that the reference was prior art.

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Art Litigation Publishing Inventor 124

43(B)log

MAY 2, 2023

Defendants used a couple of pictures of her Dog Art work as an example of a style that kids using its art kits could emulate. Defendants provided zoom art classes to accompany the kits. defendant's ad for art kit Defendants sold only six of these kits—including two sold to Keck—for gross revenue of $240.

Art 59

Art Fair Use Marketing Marketing 59

The IPKat

JANUARY 25, 2022

Works of art, in the form of the reproduction of a painting, frequently adorns the cover of a reissued edition of a renowned novel. What preoccupied Benjamin was how to understand the reproduction of works of art, especially in his seminal 1935 essay entitled, in English translation, "The Work of Art in the Age of Mechanical Reproduction”.

Art 134

Art Artwork Copying Moral Rights 134

IIPRD

NOVEMBER 1, 2023

Introduction Over $67 billion USD was transacted in the worldwide contemporary art market in 2018, an increase of nearly $3 billion USD from the previous year’s value. Image Sources: Shutterstock] Protecting such outstanding works of art and property through the use of intellectual property law is undeniably a sound strategy.

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Intellectual Property Art Artwork Intellectual Property Law 52

Art Law Journal

SEPTEMBER 13, 2023

Discover the transformative journey of hosting a virtual art exhibition. This piece offers artists a roadmap to not only showcase their creations in a compelling light but also to engage and build a loyal audience through innovative promotional strategies and post-exhibition engagement techniques.

Art 86

Art Branding Brands Branding 86

JD Supra Law

JUNE 1, 2023

Thank you for reading the May 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. We also feature a Sterne Kessler client alert reviewing and analyzing the Supreme Court's decision in copyright case The Andy Warhol Foundation for the Visual Arts, Inc. In this issue: By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

Marketing 52

Marketing Marketing Art Registration 52

Art Law Journal

APRIL 6, 2021

We sat down with Gallery Owner MK Semos for her take on making a living in the arts, developing an awesome gallery-program, and why she chooses to take on an artist. The post How An Art Dealer Decides appeared first on Art Business Journal.

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Art Journalism Business Marketing 86

Kluwer Copyright Blog

DECEMBER 21, 2023

Photo by 5477687 via Pixabay Arts. 3 and 4 of the Copyright in the Digital Single Market Directive (CDSMD) introduced two exceptions for Text and Data Mining (TDM) in EU copyright Law. If, as it is here argued, this view is acceptable, then the lawful access requirements of Arts. At least in the case of Art.

Art 69

Art Law Copyright Technology 69

Garrigues Blog

APRIL 16, 2024

The Supreme Court has delivered a judgment that bolsters copyright protection for works of applied art under criminal law: It sets an important precedent in Spain in distinguishing design as an art that deserves protection under both criminal as well as civil law.

Art 59

Art Artistic Work Law Designs 59

Plagiarism Today

FEBRUARY 10, 2022

Despite this, he has had significant success in the art world, building a career that spans four decades and regularly sells paintings for millions of dollars. In 2010, artist Charles Thomspon compiled a list of 15 separate plagiarism allegations against Hirst and published them in the art magazine Jackdaw.

Plagiarism 279

Plagiarism Art Marketing Marketing 279

Intellectual Property Brief

MARCH 29, 2023

Interest in AI-generated art has increased in the past few months and this exposure has built a market that has raised concerns of the US Copyright Office and corporations to further test and determine the copyrightability of AI-generated art. The United States (“U.S.”)

Art 52

Art Copyright Marketing Marketing 52

Art Law Journal

MARCH 16, 2021

Whether or not an artist’s work is selling or being shown extensively shouldn’t be the only factor considered when building an art collection. The post Build an Art Collection that Supports Emerging Artists appeared first on Art Business Journal.

Art 98

Art Journalism Business Marketing 98

JD Supra Law

FEBRUARY 28, 2022

(“Hermès”) sued digital artist Mason Rothschild in the Southern District of New York for creating and selling “MetaBirkins,” a collection of NFTs tied to digital art depicting tote bags inspired by the iconic Birkin bag. This case gives rise to the following questions.

Art 52

Art Trademark Marketing Marketing 52

IP Watchdog

FEBRUARY 24, 2023

Hermès) is known for designing, producing and marketing the iconic Birkin handbag. Moments before jury selection, the court granted Hermès’ motion to exclude the testimony of Rothschild’s “art expert,” Dr. Blake Gopnik. Luxury design house Hermès International and Hermès of Paris, Inc.

Art 78

Art Designs Design Marketing 78

Art Law Journal

JUNE 6, 2023

In today’s competitive market, businesses and organizations constantly seek innovative ways to stand out, lure new audiences and leave a lasting impression on their customers — and one powerful way to do this is through custom art.

Art 52

Art Business Marketing Marketing 52

IP and Legal Filings

NOVEMBER 8, 2021

The contemporary art industry: an overview. Contemporary art refers to art that has been produced in the second half of 20 th century or in the 21 st century. Typically, contemporary art is culturally diverse and multifaceted. Contemporary art may also help reflect on the current issues that plague our society.

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Art Artwork Television Copyright Infringement 75

Art Law Journal

MAY 11, 2021

The post Understanding your Market As An Illustrator appeared first on Art Business Journal. The first step in identifying where your work belongs to ask yourself is: What kind of work do I love? Who is my audience?

Marketing 61

Marketing Marketing Journalism Art 61

Kluwer Copyright Blog

FEBRUARY 8, 2023

In many computational creativity projects in the fields of art , journalism and music , the heavy reliance on AI stretches the causation bond between the human author and the final creative output to breaking point. It would not genuinely guarantee a level-playing field for all players in all Member States in a specific market.

Marketing 110

Marketing Marketing Copyright Copyright Law 110

Patently-O

APRIL 15, 2023

In 2007, UCB invented and marketed “original Neupro,” a transdermal patch for the treatment of Parkinson’s disease containing a dispersion of amorphous rotigotine and polyvinylpyrrolidone (PVP), with the PVP functioning as a stabilizer. market in April 2008 (although it remained in limited use under a compassionate-use program).

Art 81

Art Patent Marketing Marketing 81

LexBlog IP

JULY 24, 2023

Adler and Meaghan Gragg For the fourth year running, the Chambers High Net Worth guide, which focuses on the private wealth sector, recognized HHR as one of the nation’s leading law firms for Art and Cultural Property Law. Chambers ranked HHR’s Art Law practice in the second-highest band among the top firms nationwide.

Art 52

Art Art Law Publishing Marketing 52

Kluwer Copyright Blog

NOVEMBER 11, 2021

Indeed, the Spanish transposition of the CDSM Directive , which was approved overnight by means of a Government Decree published on the 3 rd of November and which entered into force the following day, came with some surprises, including an apparent carve out from the liability exemption granted in Art. As is well known, Art.

Art 115

Art Law Intellectual Property Intellectual Property Law 115

The IPKat

SEPTEMBER 4, 2023

The decision considered what it means for "the product" in Article 3(a) to be protected by a marketing authorisation (see also IPKat: The SPC alphabet ). The marketing authorisation in the case specifically recited the active ingredient "safinamide".

Art 117

Art Marketing Marketing Patent 117

IPilogue

JANUARY 20, 2022

Toronto museums are not alone, although perhaps their struggles are more drawn-out; museums and art galleries in the U.K. In 2020, visitor figures for the world’s top 100 art museums dropped by 77%. New York art attorney Amelia K. and the U.S. have also faced physical closures due to lockdown restrictions.

Marketing 111

Marketing Marketing Public Domain Moral Rights 111

Art Law Journal

JULY 20, 2023

Discover powerful strategies for creating a digital art portfolio that captivates. From crafting compelling descriptions to optimizing for SEO, this guide explores how artists can elevate their work, engage audiences, and transform their artistic journey.

Art 69

Art Marketing Marketing 69

The IPKat

JUNE 30, 2023

The referral particularly asks whether the non-enabling prior use of a product excludes the composition of the product from the prior art or whether it also excludes the product per se (i.e. According to existing case law, in order to constitute prior art, a disclosure must also be enabled (EPO Guidelines for Examination, G-IV, 2 ).

Art 82

Art Invention Patent Application Patent 82

Art Law Journal

FEBRUARY 16, 2021

These essential art business documents are crucial to ensure that your sale is professional and protected. The post The Art Business Documents You Need to Sell Your Work appeared first on Art Business Journal. Want to sell your artwork on your own?

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Art Business Artwork Journalism 87

Art Law Journal

FEBRUARY 24, 2022

There’s an art fair for everyone, everywhere and new ones are sprouting up every year. With fairs featuring artists with non-traditional arts backgrounds to a focus on photography and prints , there is seemingly an art fair to fit any number of collecting tastes. Are you choosing an art fair that aligns with your goals?

Art 52

Art Artwork Marketing Marketing 52

JD Supra Law

FEBRUARY 25, 2022

Thank you for reading the February 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss trademark rights in relation to appropriation art, including NFTs, and provide an update on cannabis extraction technology case Canopy Growth v.

Marketing 52

Marketing Marketing Branding Brands 52

Larson & Larson

FEBRUARY 13, 2021

Often, the reason that the patent office will cite for rejecting an application is the presence of prior art. This makes the term ‘prior art’ an important concept for inventors to understand. What is Prior Art? You may have heard the term ‘prior art’ before in the context of patents.

Art 52

Art Patent Invention Patent Application 52

Corsearch

OCTOBER 6, 2023

While many seasoned marketing and branding agency professionals are very sensitive to potential legal issues, none of us can be all things to all people. It often seems as if the art of branding and the practice of law are positively designed to clash with each other. Your client has an exciting new brand in mind.

Branding 59

Branding Brands Branding Marketing 59

The IPKat

JULY 30, 2023

This Kat is happy to review “ 25 things you should know about artificial intelligence, art and copyright ” by Pablo Fernández Carballo-Calero (Aranzadi, 2023, 160 p.). Part I, “Artificial Intelligence, Art and Copyright”, offers its readers a general overview of how AI affects cultural and creative sectors.

Art 52

Art Copyright Database Right Public Domain 52

Kluwer Copyright Blog

AUGUST 22, 2023

We are interested in exploring whether in the EU Arts 3 and 4 of the Copyright in the Digital Single Market Directive (CDSMD) played a role in shaping the contractual practices in selected industry sectors in relation to the licensing of works as training data. While art. 7(1), CDSM), art. 3 and art. 4(3), CDSM).

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Publishing Art Licensing Copying 98