Patently-O
JUNE 8, 2023
The holding is that the First Amendment does not require any special scrutiny in cases where the accused activity is “the use of trademarks as trademarks.” ” Rather in this use-as-a-mark situation, standard principles of trademark law apply. 1125(c)(3)(A). It will be subject to liability regardless.
The IP Law Blog
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. Listen to this podcast episode here. Watch this episode here:
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LexBlog IP
AUGUST 3, 2023
In the intellectual property sphere, one of the hottest topics surrounding the use of these AI tools is whether the works of art or inventions (including works of industrial design) created using these tools can still be considered the creation of the individual author or designer.
43(B)log
JUNE 24, 2022
Other IP rights: utility patent creates presumption of functionality; wonders about whether presence of non-TM IP protection for ornamental features—design patent, ©--might create a presumption of mere ornamentality w/o further evidence of source signification. artworks as TMs. Banksy failed to register a bunch of his?
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.
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. As a matter of fact, SSPL’s label is registered under The Trademarks Act of 1999 , and the artistic work in the label very much receives Copyright Protection.
Plagiarism Today
OCTOBER 26, 2021
To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. First, design elements that are “physically or conceptually separate” from the article can be protected. They are part fashion, part artwork, part branding and part character.
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