The IP Law Blog

JANUARY 18, 2024

Copyright Office explains, copyrights protect “original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.” IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. As the U.S.

Confidentiality 113

Confidentiality Invention Business Artistic Work 113

IPilogue

NOVEMBER 17, 2021

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws. Of note, in DRG Inc.

Ownership 103

Ownership Intellectual Property Artwork Copyright Law 103

IP Whiteboard

AUGUST 30, 2020

In what we understand to be an industry-first, the Copyright Agency (an Australian not-for-profit collecting society that also licences copyright protected literary and artistic works) has licenced an Indigenous artwork for a tattoo. In looking at this question, you first need to consider what work is being used as a tattoo.

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

IP and Legal Filings

JANUARY 31, 2023

It provides an unmatched degree of design and layout possibilities. Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. The players can collect up to 30 NFTs in the game, 10 of which are designed by the artist Beeple [i].

Law 82

Law Branding Brands Branding 82

IIPRD

MARCH 4, 2024

This right can be related to music, a book, a logo, any art work, work related to science, designs of the industries. Work related to art or any rights which is related to literary, artistic, or scientific related matters. It is basically giving a right to the original creator, so that no one uses that work.

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

Corsearch

SEPTEMBER 28, 2023

Intellectual property rights are defined as legal rights that protect the ownership of artistic, literary, and other creative works. You should prepare links and screenshots as evidence for your claims of copyright, or trademark, patent, or design right infringement on Alibaba.

Branding 59

Branding Brands Branding Intellectual Property 59

LexBlog IP

MARCH 9, 2023

In the lawsuit, Hermès alleged that defendant Mason Rothschild’s MetaBirkins NFTs infringed and diluted Hermès’ trademark rights in the Birkin word mark and design. Rothschild asserted that, due to the artistic nature of his NFTs, all of Hermès’ claims were barred by the First Amendment. ” ( Id.

Litigation 52

Litigation Artistic Work Branding Brands 52

LexBlog IP

JANUARY 18, 2024

Copyright Office explains, copyrights protect “original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.” IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. As the U.S.

Confidentiality 52

Confidentiality Invention Business Artistic Work 52

IP and Legal Filings

MARCH 29, 2022

With evolution and development in recent trends and creations, every person got the right to protect their artistic creativity by acquiring intellectual property rights to save their invention from being violated by the competition present in the market. The World Intellectual Property Organization administers both accords (WIPO).”.

Intellectual Property 52

Intellectual Property Intellectual Property Law Artistic Work IP 52

Kluwer Copyright Blog

MARCH 11, 2024

Copyright in the UK protects a closed list of works, which never conformed with the EU law’s open-ended approach, suggesting that copyright protection arises in respect of any work falling within the scope of Berne Convention and the InfoSoc directive , which is its “ author’s own intellectual creation ” (as confirmed in Infopaq in 2009).

Copyright Law 60

Copyright Law Law Copyright Intellectual Property Law 60

IIPRD

OCTOBER 17, 2022

These trademark applications consist of Nike’s logo “just do it” and air Jordan designs. In the present case too there will be many legal issues related to Intellectual Property. This right is given to literary and artistic work like music, etc. With new advancements in technology, new challenges come forward.

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Introduction Software refers to a compilation of instructions, data, or programs designed to operate machinery and execute specific tasks. Article 27 of the Universal Declaration of Human Rights (UDHR) establishes the entitlement to enjoy the protection of moral and material interests arising from scientific, literary, or artistic creations.

Intellectual Property 56

Intellectual Property Invention Artistic Work Copyright 56

Kluwer Copyright Blog

NOVEMBER 6, 2023

This thesis is supported by the curious failure of the United Kingdom’s Copyrights, Designs and Patents Act of 1988 ( CDPA 1988 ) to protect “computer-generated works.” In the most minimalist English definition, originality designated something originating from the author, which he can claim as his own expression (see Rahmatian ).

Copyright Law 64

Copyright Law Copyright Public Domain Artistic Work 64

Traverse Legal Blog

OCTOBER 20, 2022

Intellectual property or IP is a creative work or invention that one holds rights to. Manuscripts, designs and art can all be classified as intellectual property. Non- fungible tokens have been designed to give a person ownership of something, kind of like modern day digital collectibles. What is Intellectual Property?

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

Kashishipr

MARCH 16, 2022

One way in which the real estate owners designate the boundaries of their assets, which is the land, is by putting a fence around it. In most nations globally, the copyright protection term lasts for the lifetime of the author plus seventy years following his death; however, the protection period varies depending on the type of work.

IP 98

IP Invention Intellectual Property Registering Trademarks 98

SpicyIP

MARCH 11, 2024

Calm Water Therapeutics Llc vs The Assistant Controller Of Patents And Designs on 28 February, 2024 (Delhi High Court) The appeal challenged the rejection of a patent application for a “Bi-Functional Co-Polymer” by the Assistant Controller of Patents. Dr Reddy S Laboratories Limited vs Neutec Healthcare Pvt. United Biotech Pvt.

Trademark 59

Trademark Registration Copyright Patent 59

IP and Legal Filings

MAY 8, 2024

The present appeal is filed by appellants under order 43 Rule 1(r) of CPC against order of Commercial Court, Indore. Respondent It submitted it is the proprietor of London Pride and is a registered copyright owner of the artistic work London Pride and all other intellectual properties connected therewith.

Trademark 52

Trademark Intellectual Property Branding Brands 52

Selvam & Selvam Blog

APRIL 1, 2022

Cipla contended that Sun Pharma: Indulged in colourable imitation and substantial reproduction of the mark “Respule” by replicating the artistic trade dress, packaging and label which amounts to copyright infringement in the Artistic Works.

Intellectual Property 40

Intellectual Property IP Copyright Infringement Artistic Work 40

Kashishipr

AUGUST 31, 2022

In the present digital era, where we are so connected than ever, and the amount of online content produced has never been higher – the responsibility of safeguarding content has never been more crucial. Such creations may include literary and artistic works, designs, names, inventions, etc.

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

IP and Legal Filings

APRIL 24, 2023

The Designs Act, 2000 (“the Act”), is a complete code in itself and protection under it is totally statutory in nature. It protects the visual design of objects that are not purely utilitarian. Designs are registered in different classes as per the Locarno Agreement. These classes are mainly function oriented.

Designs 69

Designs Design Registration Law 69

Art Law Journal

APRIL 27, 2022

Whether you’re looking to secure a spot in an art school, land an art-related job, or vying to get a show at a gallery, the quality and effectiveness of your portfolio presentation are essential. While having a physical portfolio is still something some artists and creators want and need, here we will focus on your digital presence.

Art 52

Art Artwork Social Media Marketing 52

Art Law Journal

APRIL 27, 2022

Whether you’re looking to secure a spot in an art school, land an art-related job, or vying to get a show at a gallery, the quality and effectiveness of your portfolio presentation is essential. While having a physical portfolio is still something some artists and creators want and need, here we will focus on your digital presence.

Artwork 52

Artwork Art Social Media Marketing 52

LexBlog IP

JUNE 20, 2023

As we previously blogged, the issues presented in the care were: Whether humorous use of another’s trademark as one’s own on a commercial product is subject to the Lanham Act’s traditional likelihood-of-confusion analysis, or instead receives heightened First Amendment protection from trademark infringement claims.

Trademark 40

Trademark Designs Design Fair Use 40

43(B)log

FEBRUARY 19, 2022

Summary of current treatment: Although courts have often referred to “expressive” or “artistic” works as shorthand for the scope of Rogers, they have applied it to speech that quali?es The key here is that when I say fraud, I do not mean fraudulent intent, but materially deceptive effect.

Trademark Law 72

Trademark Law Trademark Art Branding 72

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. Therefore the Court disposed the appeal holding that there is no manifest or jurisdictional error warranting exercise of Article 226. Bulgari S.P.A

Trademark 59

Trademark Invention Licensing Patent 59

The IPKat

FEBRUARY 3, 2023

The current generation of AI image generation tools such as Stable Diffusion , Midjourney and DALL·E 2 are designed to take a text description or prompt from a user and generate an image that matches the prompt. What is AI image generation software?

Litigation 143

Litigation Copying Copyright Designs 143

Corsearch

FEBRUARY 29, 2024

Intellectual property rights are defined as legal rights that protect the ownership of artistic, literary, and other creative works. Trademark infringement A trademark signifies a unique term, logo, expression, design, or emblem utilized to indicate the origin of goods and services.

Branding 59

Branding Brands Branding Intellectual Property 59

Kluwer Copyright Blog

FEBRUARY 8, 2023

On the flipside, the internal market goal’s flexible mechanics have allowed the EU legislator to present (and pass) numerous copyright measures. Better Regulation The EU has committed itself to designing policies and laws with a greater level of transparency and evidence , backed up with the views of citizens and stakeholders.

Marketing 111

Marketing Marketing Copyright Copyright Law 111

SpicyIP

FEBRUARY 12, 2024

Two options were presented by the court : issuing a Letters Rogatory through the government of India or directing Google Ireland to seek orders from Irish Courts. Surbhi Munjal on 1 February 2024 (Delhi High Court) The Petitioner filed the present suit to restrain the defendant from using an allegedly identical “Zari” device.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

Selvam & Selvam Blog

JULY 19, 2021

Types of protection available to Intellectual property are Copyright, Trademark, Patent, Design, and Geographical Indication. At the intersection: Copyright protection subsists in any work the moment it is expressed in a tangible form. Copyright protection is for the expression of the idea and not the idea itself.

Copyright Law 52

Copyright Law Copyright Law Intellectual Property 52

SpicyIP

DECEMBER 24, 2023

Other Posts Journey Through “Novembers” on SpicyIP (2005 – Present) Sift through the pages of November(s) posts on SpicyIP in another round of SpicyIP flashbacks by Lokesh. If the Expert Committee, so opines, any senior official may be contacted from CGPDTM, who may also be present before the Exert Committee for rendering assistance.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

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.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

IP and Legal Filings

MAY 3, 2023

The word “originality” is frequently used in conjunction with the creativity of writers, thinkers, and artists. 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.”

Copyright 85

Copyright Public Domain Copying Publishing 85

LexBlog IP

FEBRUARY 1, 2023

” This appeal presents a conflict between Rogers’ right to protect her celebrated name and the right of others to express themselves freely in their own artistic work. Did the effort at architectural minimalism “[k]eep the design simple, [and] remove the gratuitous or unwanted details” ?

Trademark 52

Trademark Intellectual Property Branding Brands 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

In fact, although most battery patents relate to technical features of a battery, a recent lawsuit related to design patents addresses a specific visual battery pack housing. For battery-related patents in particular, it is important to consider where and how big the present markets are for the invention.

Intellectual Property 52

Intellectual Property Technology Journalism IP 52

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.

Trademark 99

Trademark Blogging Trademark Law Fair Use 99

IP and Legal Filings

SEPTEMBER 30, 2022

Even presently, user creation and ownership of valuable assets and currencies contribute to developing a unified metaverse, which includes VR Technology, Augmented Reality, virtual currencies, NFTs, and other similar technologies. Artists are using virtual reality and augmented reality to create previously unimagined artworks.

Trademark 52

Trademark Ownership Branding Brands 52