LexBlog IP

AUGUST 1, 2023

courts are addressing lawsuits brought by artists alleging that AI-generated art infringes on copyrights held by the artists for their artwork. A written decision from the court is forthcoming, and that decision could be an important one for plaintiffs and defendants alike in current and future AI-related copyright cases.

Copyright 52

Copyright Artwork Copying Copyright Infringement 52

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. NFTs also may embody or use trademarks. This is highlighted in the case of Hermès International v.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Corsearch

AUGUST 24, 2023

Identify the type of infringement Facebook will remove listings and posts that infringe your intellectual property, covering five categories: counterfeits, copyright infringement, brand abuse (which includes other forms of trademark infringement), design infringement, and patent infringement.

Branding 52

Branding Brands Branding Copyright Infringement 52

Traverse Legal Blog

OCTOBER 20, 2022

Whether you are looking to make your own non fungible token to sell or you’re looking to buy an NFT as an investment, you need to be aware of copyright and trademark laws that might apply to your NFT. Trademark rights can be even more confusing to navigate in the world of NFTs. Copyrighting vs Trademarking NFTs.

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

IP and Legal Filings

SEPTEMBER 20, 2023

A copyright gives exclusive right to the owner so that he can safeguard his original creation. It prevents the unauthorized use of the design, logos, trademarks etc. Copyrights can be awarded for usage of literary works, dramatic works, cinematographic films, musical works and even for the designs of clothes and jewelry.

Designs 90

Designs Design Copyright Copyright Infringement 90

The IPKat

DECEMBER 31, 2023

This week’s big IP news is the New York Times suing OpenAI and Microsoft for copyright infringement, trademark dilution and other violations of existing laws. As with most current cases related to AI’s copyright infringement, this one will most likely result in the issuance of a landmark ruling. Microsoft Corp.,

Intellectual Property 70

Intellectual Property Intellectual Property Law Public Domain Copyright Infringement 70

Kashishipr

SEPTEMBER 20, 2021

The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High Court, alleging Copyright and Trademark Infringement. It also mentioned that their copyright assignment wasn’t valid. It further added that an individual could either own a registered trademark or copyright but not both.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

Traverse Legal Blog

APRIL 6, 2021

Domain Names & Trademarks. Let’s say that you are a small business or start-up company that is trying to secure a domain name that matches your trademark. There are many landing pages out there on domain names that are a good match for your trademark, and no one appears to be using those web pages.

Copyright Infringement 75

Copyright Infringement Artwork Copyright Law Business 75

Plagiarism Today

AUGUST 18, 2021

Most notably, that included the PUBG Corporation, which filed a lawsuit against Epic Games in May 2018 for alleged copyright infringement. To be clear, this doesn’t mean that a copyright infringement or other lawsuit is coming. Still, that didn’t stop many from accusing Epic games of ripping off PUBG.

Plagiarism 246

Plagiarism Copying Artwork Copyright Infringement 246

The IPKat

DECEMBER 16, 2021

Today, we begin with developments in the copyright field. CPL Industries Limited , dismissed an appeal from the High Court in a copyright infringement, trademark infringement and passing-off suit between two pharmaceutical companies. In January , the Court of Appeal in Nigeria in Morison Industries Plc V.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

Corsearch

AUGUST 14, 2023

Trademark infringement A trademark is a distinctive word, logo, phrase, design, or symbol used to identify the source of goods and services. Trademark infringement occurs when a mark resembling yours is used without authorization. Copyright infringement refers to the unauthorized use of a protected work.

Branding 52

Branding Brands Branding Intellectual Property 52

The IP Law Blog

SEPTEMBER 16, 2021

This dispute arises out of a 2015 transaction between the league and an entity formed to become the San Diego Gulls hockey team, which included the assignment of certain trademarks, including a logo, to the team. The court did not find anything ambiguous about the 2015 assignment agreement.

Social Media 98

Social Media IP Intellectual Property Artwork 98

IIPRD

FEBRUARY 6, 2024

We will examine the fundamental ideas and rules of copyright, trademark, and patent laws as well as how they relate to various entertainment business sectors in this extensive book. Copyright and trademark are the most important IP rights in this industry.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

LexBlog IP

NOVEMBER 9, 2023

On October 30, Judge Orrick issued a written decision to that effect, dismissing all but one claim for direct copyright infringement by Stability AI on behalf of just one plaintiff. As we’ve previously written , the defendants in those cases raised the same “substantial similarity” question as in Andersen.

Copyright Infringement 52

Copyright Infringement Artwork Copyright Copying 52

IPilogue

NOVEMBER 17, 2021

The Cowichan could have had a stronger claim against Ralph Lauren, given that they had already turned their minds to protecting their intellectual property through trademark law. Collective Ownership Over Cultural Artwork. Canadian courts have not yet grappled with the issue of collective ownership of Indigenous artwork.

Ownership 103

Ownership Intellectual Property Artwork Copyright Law 103

The IPKat

NOVEMBER 14, 2021

Copyright A Kat walking and enjoying its freedom. This week, a controversy involving a famous Hollywood actor damaging one of Banksy’s artworks has taken the news and Aaron Moss, on Copyright Lately, discusses the possibility of Banksy suing the actor based on infringement of his (?) moral rights.

Blogging 113

Blogging IP Moral Rights Artwork 113

SpicyIP

SEPTEMBER 11, 2023

Tejaswini writes on this order by the Division Bench and its subsequent acknowledgment by the court, highlighting how this order can correct the practice of granting unfair ex parte ad-interim interim injunctions in Trademark litigation disputes. Other Posts Have a Break, Have a KitKat: The Chocolate or Chanachur? Manju Singhal v.

Registration 105

Registration Trademark Copyright Music 105

Kluwer Copyright Blog

JULY 16, 2023

Top 3 Kluwer Copyright Blog posts 1) Generative AI, Copyright and the AI Act by João Pedro Quintais “ Generative AI is one of the hot topics in copyright law today. ” 3) How to Distinguish Transformative Fair Uses From Infringing Derivative Works? by Pamela Samuelson “In March 2022 the U.S.

Blogging 52

Blogging Law IP Fair Use 52

Traverse Legal Blog

OCTOBER 20, 2022

Owners of NFTs linked to copyright protected works, whether buying or selling, need to be aware of both copyright and trademark law. But can you use the words “Bored Ape” when that brand is registered as a trademark by the project owner Yuga Labs? What is a Fair Use Defense to a Copyright Infringement Claim?

Non-Fungible Tokens 40

Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 40

LexBlog IP

FEBRUARY 27, 2024

Last week, we asked for your input on whether certain images generated by AI programs were substantially similar to the Plaintiffs’ original artworks, as alleged in Andersen v. Stability AI. The second prong of the test requires a showing of “copying” and “unlawful appropriation.”

Copying 52

Copying Artwork Ownership Copyright 52

IP Tech Blog

JANUARY 4, 2023

Given that NFTs are the result of digital work that is transported in images, videos, photography and other forms of digital media, copyright seems to be the closest IP right to protect both the source code of the digital work, as well as its derivative works. Can other IP rights like trademarks play a role in protecting NFTs?

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

IPilogue

OCTOBER 3, 2022

LV sued Plesner alleging trademark infringement. Mr. Bereskin astutely noted that Plesner’s artwork would have been less popular if LV had abstained from legal action. LV sued Haute for trademark infringement and trademark dilution. One such example is Haute’s “Chewy Vuiton” plush toys.

IP 106

IP Artwork Trademark Designs 106

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? Defendants, meanwhile, operate themed pop-up restaurants and bars in Houston, Texas.

Blogging 92

Blogging Social Media Television Fair Use 92

Kluwer Copyright Blog

JULY 20, 2022

Since the underlying asset in NFTs is primarily art, disputes in relation to NFTs bring up interesting questions pertaining to copyright law, the answers to which have the potential to shape the evolution and growth of NFTs as a medium to create, distribute and collect art. The communication to the public right.

Copyright 133

Copyright Copying Non-Fungible Tokens Copyright Law 133

LexBlog IP

SEPTEMBER 16, 2021

This dispute arises out of a 2015 transaction between the league and an entity formed to become the San Diego Gulls hockey team, which included the assignment of certain trademarks, including a logo, to the team. The court did not find anything ambiguous about the 2015 assignment agreement.

Social Media 52

Social Media IP Intellectual Property Artwork 52

Art Law Journal

JUNE 30, 2022

Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work. Take these two commonly heard phrases: “I need to copyright my company name,” and “I want to patent my new idea.”. Trademarks.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

Corsearch

AUGUST 2, 2023

Trademarks A trademark is a distinctive word, logo, phrase, design, or symbol used to identify the source of goods and services. Trademark infringement is defined as a mark that looks and/or sounds like yours is used without your authorization. Copyright infringement as the unauthorized use of a protected work.

Branding 52

Branding Brands Branding Reporting 52

IP and Legal Filings

SEPTEMBER 8, 2021

NFTs may be represented in the form of memes, artworks, or videos. Trademarking of cryptocurrencies is yet another aspect that links IP to the crypto market. Like any other trademark , the cryptocurrency mark must be distinctive. In 2016, the USPTO rejected Bitcoin’s trademark application.

Intellectual Property 66

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 66

Kluwer Copyright Blog

JUNE 30, 2021

Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v.

Fair Use 103

Fair Use Copyright Law Copyright Law 103

Kashishipr

JUNE 16, 2021

Theft of Trademarks: Trademark Infringement ensues when a third party makes unwarranted use of a mark in commercial parlance, usually about similar or competing goods, by affixing a mark that is identical or similar to the registered trademark. Conclusion.

Intellectual Property 98

Intellectual Property IP Confidentiality Registering Trademarks 98

43(B)log

JULY 20, 2022

CC has a recent trademark registration for a design mark “consist[ing] of the stylized wording ‘COLOR COPPER.COM”, [with] a diamond shape between the wording ‘COLOR’ and ‘COPPER’ made up of four smaller diamonds, each diamond having a pattern inside of it,” COPPER.COM disclaimed. “The There’s a similar copyright registration for this site.

False Advertising 72

False Advertising Ownership Registration Designs 72

Art Law Journal

JUNE 30, 2022

Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work. Take these two commonly heard phrases: “I need to copyright my company name,” and “I want to patent my new idea.”. How do I get a Copyright? Trademarks.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

SpicyIP

MARCH 11, 2024

A Case of Reverse Passing Off: DHC Rules In Favour Of Western Digital On Trademark Infringement Recently, the DHC passed an ex-parte interim injunction order against Geonix, holding them prima facie liable for indulging in ‘reverse passing off’ by selling Western Digital’s hard disks as their own.

Trademark 59

Trademark Registration Copyright Patent 59

IP and Legal Filings

MAY 13, 2024

The introduction and advancement of generative AI technology, which is capable of producing everything from research articles to realistic artworks, has brought a revolution in the field of creativity. This way of doing things with the help of generative AI technology carries numerous legal challenges of intellectual property violation.

Copyright 86

Copyright Intellectual Property Ownership Technology 86

JIPEL Copyright Blog

MARCH 29, 2022

However, the underlying digital artwork itself is not the NFT. For example, copyright law as it stands today may not sufficiently protect athletes or associations like the NBA from the unauthorized creation of NFTs. This essentially may create the opportunity for NFT creators to infringe “behind closed doors.”

IP 40

IP Non-Fungible Tokens Ownership Copyright Infringement 40

The IPKat

JUNE 27, 2022

A digital file (an artwork, a song, etc.), Yuga Labs, therefore, still owns the copyright in each NFT. Moreover, between May and July 2021, Yuga Labs filed trade mark applications before the United States Patent and Trademark Office (still pending at the time of writing) for several marks, including BORED APED YACHT CLUB and BAYC.

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

LexBlog IP

JANUARY 4, 2023

Given that NFTs are the result of digital work that is transported in images, videos, photography and other forms of digital media, copyright seems to be the closest IP right to protect both the source code of the digital work, as well as its derivative works. Can other IP rights like trademarks play a role in protecting NFTs?

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52