Patent Trademark Blog

FEBRUARY 24, 2022

Should you use a design patent to protect your new product? When compared to utility patents , design patents are often overlooked as an IP asset. It’s true that only utility patents protect functional features, but design patents can still play an important role in protecting features that are not so functional.

Design Patent 52

Design Patent Designs Design Graphic Design 52

JD Supra Law

NOVEMBER 10, 2022

Hermès is suing an artist for trademark infringement over his series of digital artworks called MetaBirkins. Scott Hervey and Josh Escovedo discuss the case on this episode of The Briefing by the IP Law Blog. By: Weintraub Tobin

Blogging 40

Blogging Artwork IP Law 40

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design. Industrial Design.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

Art Law Journal

NOVEMBER 10, 2021

A graphic designer shouldn’t penalize themselves for efficiency and instead should set prices for specific services rendered based on market standards. The personal blogs of freelance lettering artist Jessica Hische and writer Ash Ambridge offer motivation based on first-hand lived experiences. Arriving at Your Freelance Rates.

Artwork 52

Artwork Art Graphic Design Marketing 52

Patent Trademark Blog

MARCH 3, 2022

What does it take to patent a design? Before diving into how to patent a design, let’s first cover the why questions. Why do you want to get a design patent? Why is a design patent as opposed to a utility patent the right type of IP for your idea? 2D or 3D design, or both?

Designs 52

Designs Design Design Patent Patent 52

Patent Trademark Blog

MAY 26, 2021

What is the meaning of broken or dashed lines in a design patent? While I’m not sure if you can call it a loophole, US design patents enable a particular option in the drawings that can potentially broaden protection. In a US design patent, the claimed design comprises what is drawn in solid lines.

Design Patent 60

Design Patent Designs Design Patent 60

Technology & Marketing Law Blog

MARCH 5, 2024

The print-on-demand service at issue is Pixels, who has appeared on this blog before. On the other end are brick and mortar stores that sell trademark-infringing items directly to consumers, regardless of whether the stores design or manufacture those items. Based on that assumption, the opinion offers no good news for the defense.

Artwork 98

Artwork Trademark Publishing Marketing 98

Patent Trademark Blog

JANUARY 5, 2022

What is a design patent continuation application? This rule applies to both utility and design patent applications. This rule applies to both utility and design patent applications. So it is possible to file a design patent continuation application as long as the parent application is still pending. Be careful though.

Design Patent 40

Design Patent Designs Design Patent Application 40

Patent Trademark Blog

FEBRUARY 26, 2024

Graphic designs on the front or back of a shirt, for example, will often be considered ornamental matter that would not qualify as trademark use. How to Design Patent the Appearance of Clothing Does your article of clothing have some unique 3-dimensional features? But how do you show a trademark on clothing? Be careful here.

Branding 52

Branding Brands Branding Trademark 52

Copyright Lately

SEPTEMBER 12, 2022

While these sorts of objects typically aren’t themselves eligible for copyright protection, they often contain pictures or designs which are protectable. Section 113(c) would also allow me to use my photos in a blog post talking about how I flipped the t-shirts for a profit because Alyssa priced them too low. Vila’s Motion.

Copyright 96

Copyright Derivative Work Artwork Fair Use 96

IP and Legal Filings

MARCH 30, 2024

The integration of technology within the domain of art design has provided artists with unprecedented possibilities to conceptualise and implement interactive and immersive experiences. This blog explores the ownership and authorship dilemma that arises at the intersection of AI-generated art and Thaler v.

Ownership 52

Ownership Copyright Law Copyright Law 52

Patent Trademark Blog

JANUARY 18, 2023

Besides software patents, ineligible subject matter can also arise in design patent applications. Trying to obtain a design patent on a two-dimensional artwork or graphic design without regard to the article can also lead to ineligible problems. appeared first on Patent Trademark Blog | IP Q&A.

Patent Application 98

Patent Application Invention Graphic Design Design Patent 98

IPilogue

OCTOBER 26, 2022

Following this designation , objects require authorization and a licence fee to be used commercially by third parties regardless of whether the work is in the public domain. Uffizi’s Director Eike Schmidt commented that “fashion designers regularly use our images” such as Leonardo da Vinci, Caravaggio, Titian, Raphael and Giotto di Bondone.

Social Media 120

Social Media Cease and Desist Public Domain Artwork 120

Garrigues Blog

JUNE 1, 2021

It’s the first anniversary of the Garrigues IP Blog. We take a look at our Top10 most-read posts in this first year of the IP Blog: The Influencers’ Code of conduct comes into force on January 1, 2021: are you aware of your obligations? Catch up with us every Tuesday on our IP Blog. There will be a sequel!

Blogging 52

Blogging IP Advertising Advertising 52

Technology & Marketing Law Blog

MARCH 7, 2022

Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” A Google search turns up three different pairs of designs with differing degrees of similarity. that the confined designs may have been “reserved” at a later time).

Registration 77

Registration Blogging Copyright Designs 77

IPilogue

MARCH 2, 2023

Recently in Alexander v Take-Two Interactive Software, Inc , a jury of the US District Court of the Southern District of Illinois concluded that tattoo artist Catherine Alexander has a valid copyright claim in the designs she tattooed on World Wrestling Entertainment Inc. megastar Randy Orton. For now, the law is still hazy.

Copyright Law 106

Copyright Law Copyright Law Artwork 106

Kluwer Copyright Blog

JUNE 20, 2023

Image by Tumisu via Pixabay Part I of this blog introduced the first of three ambiguities NFT purchasers may face. Resale Rights Another notable difficulty when it comes to tokenising artworks is brought on by the resale right regime. Secondly, the NFT transaction can simply be taken off-chain.

Artwork 98

Artwork Contracts Ownership IP 98

Technology & Marketing Law Blog

NOVEMBER 27, 2023

Tam ” (2018), and my guest post on Eric Goldman’s Technology and Marketing Law Blog written after the Federal Circuit’s decision in In re Elster.) The Court arguably used this approach in the Jack Daniel’s opinion, as explained at the end of my blog post about that decision.

Registration 74

Registration Trademark Blogging Law 74

IPilogue

SEPTEMBER 23, 2022

District Court, Central District of California, on June 15 suing Shein for over $100 million in damages for unauthorized reproductions of her artwork “One is good, more is better.”. In 2019, Mollman registered this artwork with the U.S. Copyright Office and included Copyright Management Information (CMI) on her artwork.

Business 59

Business Artwork Intellectual Property Copyright Infringement 59

Intepat

SEPTEMBER 15, 2023

This blog post embarks on a comprehensive journey to unravel the complex issue of copyright ownership in AI-generated art. AI-generated art represents a fusion of human ingenuity in crafting algorithms and the machine’s ability to produce artworks autonomously. Copyright laws are designed to safeguard the rights of creators.

Art 105

Art Copyright Ownership Non-Fungible Tokens 105

Dear Rich IP Blog

AUGUST 3, 2022

Wofsy in which museum catalog photos of Picasso artworks were reproduced). Michael Grecco Prods in which promotional photos of Xena the Warrior Princess were used in a blog post.) If the museum is new (built after 1990), copyright law protects the building's design. See DeFontbrune v. See Golden v. Architectural copyright.

Publishing 97

Publishing Fair Use Artwork Copyright 97

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. Going Forward.

Ownership 103

Ownership Intellectual Property Artwork Copyright Law 103

Technology & Marketing Law Blog

OCTOBER 2, 2022

The plaintiff, NOC, is a teenager who has copyrighted designs in hand-drawn dots that Target allegedly copied in the clothing line. However, Target’s allegedly infringing works apparently were designed no later than December 2017. For more on the Arnstein case, see this blog post. Instead, the court summarizes: N.O.C.

Copyright 97

Copyright Artwork Designs Design 97

Kashishipr

SEPTEMBER 20, 2021

The label in question was designed by an employee of SK Oil Industries. NTC didn’t own the copyright in the ‘SOYA DROP’ artwork or label. NTC failed to prove that it had used the artwork or label first or that SSPL’s artwork wasn’t original. It is also the successor of SK Oil Industries.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

Patent Trademark Blog

MAY 26, 2023

These are the visual features that would have been appropriate for design patent protection. The artwork also met the second condition since you could imagine removing the decorations and applying them to another medium. The post How to Get IP When It’s Too Late to Patent appeared first on Patent Trademark Blog | IP Q&A.

IP 75

IP Patent Design Patent Artwork 75

Kluwer Copyright Blog

FEBRUARY 2, 2023

AI-generated works have won awards: The Crow , an “AI-made” film won the Jury Award at the Cannes Short Film Festival and the story of an AI artwork winning the Colorado State Fair’s annual art competition was reported in The New York Times. AI-generated art was used for magazine covers, including Cosmopolitan and The Economist.

Copyright 145

Copyright Art Fair Use Registration 145

IP Tech Blog

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. In this blog post we examine how copyright is leveraged to protect NFTs, both in the US and China, with a comparative approach that elucidates both the challenges and potential solutions.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

SpicyIP

MAY 18, 2022

Her previous posts on the blog can be viewed here, here , here , here and here. Hermes has sued a Californian artist, Mason Rothschild, for his “MetaBirkins” digital artworks alleging trademark infringement. Aparajita is a lawyer based in Bangalore. She works in a law firm that advises technology companies. Aparajita Lath.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

Corsearch

AUGUST 24, 2023

In this blog, we outline the tools you can use to protect your brand reputation and prevent consumer confusion. Trademark infringement Trademarks are distinctive elements like words, logos, phrases, designs, or symbols used to identify the origin of goods and services.

Branding 52

Branding Brands Branding Copyright Infringement 52

Kluwer Copyright Blog

MARCH 19, 2024

The French subsidiary stressed that a clause was indeed inserted into their agreement stating that the studio is responsible for providing original artistic designs, and that in the case of quoting or copying, it must obtain official legal approval from the original artists (See here ).

Art 56

Art Plagiarism Artwork Graphic Design 56

Kluwer Copyright Blog

MARCH 19, 2024

The French subsidiary stressed that a clause was indeed inserted into their agreement stating that the studio is responsible for providing original artistic designs, and that in the case of quoting or copying, it must obtain official legal approval from the original artists (See here ).

Art 52

Art Plagiarism Artwork Graphic Design 52

IIPRD

JANUARY 29, 2023

The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. A person who employed the artist will be considered the proprietor of the artwork and can register for exclusivity for the same character. [3]

IP 52

IP Artwork Contracts Intellectual Property 52

Traverse Legal Blog

MARCH 8, 2022

A trademark can be any word or phrase symbol design combination of things that identifies your goods and services in the marketplace. Copyrights protection for the artwork itself is also critical. Remember, if you don’t get it right before NFTs are minted, there may not be any way to fix your mistakes.

Non-Fungible Tokens 131

Non-Fungible Tokens Artwork Licensing Branding 131

IP Tech Blog

JUNE 8, 2023

The Court gave several examples that would be permitted under Rogers , including the use of “Barbie Girl” as a song title, the use of a trademarked football uniform in artwork, and references to Louis Vuitton in a film. cannot include. every parody or humorous commentary.” 22-148, 2023 WL 3872519 (U.S. June 8, 2023).

Branding 57

Branding Brands Branding Trademark 57

Kluwer Copyright Blog

NOVEMBER 26, 2023

Copyright Office has held multiple events designed to look deeper into the crossover between copyright and AI, at the level of human input required for copyright protection; text and data mining; and the future of AI and copyright policy. Since then, the U.S. Following a failed attempt to register her graphic novel ( when the U.S.

Registration 60

Registration Copyright Law Artwork Copyright 60

CopyrightsWorld

JUNE 10, 2021

Here’s everything you need to know about designing a killer portfolio that sells your services. It’s going to be different depending on the type of people you’re showcasing your portfolio to and your design career. Is the design process important to my client? doing guest blogging) to get exposure. Think like the client.

Designs 98

Designs Design Art Business 98

The IP Law Blog

MARCH 3, 2022

Unicolors is the owner of copyrights in various fabric designs, including a 2011 copyright registration that consisted of 31 separate designs. it registered it as a single publication when some of the designs were apparently not put on sale to the public all at once), the registration should have been found to be invalid.

Copyright Infringement 98

Copyright Infringement Copyright Registration Copyright Law 98