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. Leaving the law aside, generative AI triggered some backlash in 2022.

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LexBlog IP

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. This is highlighted in the case of Hermès International v. Rothschild began selling his METABIRKINS NFTs in December 2021.

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IP Tech Blog

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. Other brand owners have been fighting back infringers, commentators and/or parodists as in the METABIRKINS saga.

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Corsearch

AUGUST 2, 2023

Lookalikes and replica products on the other hand will omit trademarks from their design and packaging; copyright, design rights, and patents can be used to enforce against these illegal products. Copyright infringement as the unauthorized use of a protected work. For example: If the product is listed in the U.S.,

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Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? The court then moves on to consider Viacom’s copyright infringement claim.

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Kluwer Copyright Blog

JUNE 19, 2023

For instance, the person minting an NFT on ‘ Mintable’ can tick a box labelled ‘Transfer copyright when purchased’, so as to include a clause to this effect in the final smart contract. For instance, CrypToadz is a prominent CC0 NFT project wherein the artwork related to the NFT is in the public domain.

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LexBlog IP

MAY 19, 2023

The fair use doctrine (the basis of AWF’s copyright infringement defense) allows use of a copyrighted work by persons other than the author for “purposes such as criticism, comment, news reporting, teaching., scholarship, or research” [2] and is evaluated through multiple factors.

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Corsearch

NOVEMBER 15, 2022

However, there is a growing market of unauthorized NFTs, with creators simply lifting the intellectual property of brands, artists, and celebrities. Infringers have swiftly automated NFT minting, using copyrighted imagery and trademarks without any authorization from brand owners.

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LexBlog IP

MAY 19, 2023

Goldsmith was whether or not Warhol’s use of Goldsmith’s photograph as a reference and departure point for the creation of an image of Prince constituted fair use or copyright infringement under U.S. copyright law.

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IIPRD

JUNE 29, 2022

Shield strategy: Registering all works and establishing a large IP portfolio function as a “shield” against competitors’ possible copying of their designs, allowing the brand to keep its market dominance. In 2017, the FTC reported and shut down over 6000 litigious websites, as well as nearly 12,000 online auctions.

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Kluwer Copyright Blog

FEBRUARY 28, 2024

In order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? The lawsuits brought by the owners of such works, including artworks in the case of image-generators and journalism in the NYT case, claim that this should not be allowed. Fair Use Precedent? 106A of the U.S.

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SpicyIP

MARCH 11, 2024

The plaintiff alleged that the defendant’s use of “Café Social” for its restaurant in Chhindwara, Madhya Pradesh infringes its trademark as it copied the “Social” word mark and the plaintiff’s distinctive artwork representing its trademark. X wins copyright infringement case against 17 music publishers.

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Intellectual Property Law Blog

JUNE 5, 2023

When Goldsmith issued a cease and desist letter claiming copyright infringement, AWF brought a declaratory judgment action asserting that its use of Goldsmith’s photograph in Orange Prince was protected under the Copyright Act’s fair use doctrine. The nature of the copyrighted work.

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Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

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Traverse Legal Blog

OCTOBER 20, 2022

Trademark infringement and copyright infringement are risks which you need to assess before you buy an NFT or use a linked digital asset. This post is going to discuss the defense of “Fair Use” to a copyright infringement lawsuit or threat letter. What is a Fair Use Defense to a Copyright Infringement Claim?

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Kluwer Copyright Blog

JULY 16, 2023

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. ” 3) How to Distinguish Transformative Fair Uses From Infringing Derivative Works? It will focus on the s.10(3)

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IP and Legal Filings

SEPTEMBER 8, 2021

According to a report by Markets and Markets, the cryptocurrency market is expected to grow from USD 1.6 According to a report by Business Insider, more than half of the 100 largest banks in the world have already invested in crypto and blockchain-based companies. billion in 2021 to USD 2.2

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The IPKat

FEBRUARY 3, 2023

Katfriends Adrian Aronsson-Storrier and Oliver Fairhurst from Lewis Silkin report on recent litigation in the UK against the developers of AI generation software. Last year the IPKat reported that the US Copyright Office refuses to register AI-generated works and requires human authorship as a prerequisite to copyright protection.

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LexBlog IP

JUNE 5, 2023

When Goldsmith issued a cease and desist letter claiming copyright infringement, AWF brought a declaratory judgment action asserting that its use of Goldsmith’s photograph in Orange Prince was protected under the Copyright Act’s fair use doctrine. .” The nature of the copyrighted work.

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LexBlog IP

MAY 26, 2023

When Goldsmith issued a cease and desist letter claiming copyright infringement, AWF brought a declaratory judgment action asserting that its use of Goldsmith’s photograph in Orange Prince was protected under the Copyright Act’s fair use doctrine. .” The nature of the copyrighted work.

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LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. Miramax LLC v.

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Kluwer Copyright Blog

JANUARY 10, 2022

This has come about following their use in connection with the transaction of different types of digital content (including artworks), often for exorbitant amounts. 17 of the Directive on Copyright in the Digital Single Market (CDSMD), a mere three days before the implementation deadline.

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SpicyIP

DECEMBER 24, 2023

Anish Jain Trading as M/s Navkar Cosmo on December 20, 2023 (Delhi High Court) The Plaintiff contended that the Defendants had adopted identical packaging of its products, including eyeliner, kajal and mascara, and had only replaced the Plaintiff’s ‘GET BOLD’ mark with ‘NEW BOLD’, keeping the writing style and artwork identical.

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Copyright Lately

NOVEMBER 21, 2021

Breaking down Miramax’s copyright infringement lawsuit against Quentin Tarantino, a dispute about NFTs that isn’t really about NFTs. The breathless media reports soon followed. Some of the confusion surrounding the lawsuit stems from a basic misunderstanding of what NFTs actually represent.

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IP Whiteboard

JUNE 7, 2021

NFTs have a variety of uses which extend far beyond digital artwork. million USD sale of his “Warrior” painting, which became the most expensive Western artwork sold in Asia. By contrast, in the United States, registration of copyright is a prerequisite to filing a lawsuit for copyright infringement. Cybersecurity.

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