IP Law 360

MARCH 14, 2024

The Los Angeles-based designer behind the "MetaBirkins" non-fungible token is barred from displaying his artwork at a Swedish museum after a federal judge ruled there is a high probability he will use the platform to promote products that a jury previously said infringed trademarks held by luxury French fashion house Hermès International.

Non-Fungible Tokens 105

Non-Fungible Tokens Artwork Designs Design 105

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

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 design rights. Design Rights.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

IP Watchdog

FEBRUARY 23, 2023

Copyright Office (USCO) this week finalized its refusal to uphold, in part, a registration it issued to Kristina Kashtanova for a graphic novel that contained generative artwork and human story and design elements.

Copyright 145

Copyright Artwork Registration Designs 145

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. Many galleries allow buyers to pay for artwork in installments. Australian art lender Art Money even offers interest-free loans used exclusively to buy artworks.

Artwork 52

Artwork Art Graphic Design Marketing 52

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:

Blogging 104

Blogging Artwork Law IP 104

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

LexBlog IP

SEPTEMBER 23, 2022

I originally intended to call this article Challenges For Structuring Interior Design Purchasing Fees and Mark-ups , but felt that might be too alarmist. I find a lot of designers tend to skew toward vague and general terms about how marks-ups are calculated and charged. Interior Design contracts cases rarely make headlines.

Designs 52

Designs Design Contracts Artwork 52

JD Supra Law

MAY 19, 2022

8) computer. By: Quarles & Brady LLP

Designs 52

Designs Design Copyright Artwork 52

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

Plagiarism Today

NOVEMBER 22, 2022

Next up today, Hollie Geraghty at NME reports that the street artist Banksy is calling upon his nearly 12 million Instagram followers to shoplift from a London store following the unauthorized use of some of his artwork. ” 3: Berlin’s Beloved Transit Seat Design Escapes Legal Bind.

Artwork 170

Artwork Music Plagiarism Reporting 170

LexBlog IP

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:

Blogging 52

Blogging Artwork IP Law 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 52

Blogging Artwork IP Law 52

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

IP and Legal Filings

FEBRUARY 8, 2023

AI generated art is made autonomously by artificial intelligence without human creative input (see below for the artwork Dall-E 2 created in response to my suggestion “a machine painting a canvas”). As previously reported, the copyright office rejected an application in 2020 that claimed AI (RAGHAV) who was only/sole author of the artwork. [i]

Registration 83

Registration Art Copyright Artwork 83

Technology & Marketing Law Blog

MARCH 5, 2024

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. It also sells a similar type of product – various other items bearing DeYoung’s artwork and mark including beach towels, pillows, tapestries, puzzles, and pouches.

Artwork 96

Artwork Trademark Publishing Marketing 96

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

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. One of Deadly Doll’s popular designs is a cartoon image of a bikini-clad pin-up girl holding a skull: Deadly Doll’s original artwork. Vila’s Motion.

Copyright 97

Copyright Derivative Work Artwork Fair Use 97

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

LexBlog IP

MAY 18, 2022

2D designs and texts on a product or packaging may be protected as written, pictorial, photographic, and graphic works, or even works of fine art, depending on the nature of the design elements. The situation is much more complex for product designs and 3D packaging. copyright law. For comparison, U.S.

Designs 52

Designs Design Copyright Artistic Work 52

Copyright Lately

MARCH 31, 2024

Video game publisher Atari Interactive has launched a copyright infringement lawsuit against State Farm, claiming that the insurer improperly appropriated artwork from Atari’s 1983 arcade game “Crystal Castles” for an advertising campaign as part of a “cynical plot” to resonate with fickle millennial and Gen Z consumers.

Copyright 78

Copyright Fair Use Social Media Artwork 78

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

Plagiarism Today

FEBRUARY 8, 2022

One of the more public steps is designing their first one Euro coin. To that end, the Croatian central bank held a design competition. On Friday, it announced the winner, designer Stjepan Pranjkovic. Even the most expert of designers can’t be expected to know every photograph and drawing.

Social Media 212

Social Media Plagiarism Due Diligence Designs 212

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. Copyright Office concerning the ineligibility of artwork generated by artificial intelligence for copyright protection under U.S.

Ownership 52

Ownership Copyright Law Copyright Law 52

The TTABlog

MARCH 28, 2023

Coggins) [Section 2(d) refusal of the mark VA & design (below left) for numerous goods in five International Classes, including jewelry handbags, sweaters, t-shirts, and footwear, in view of the mark VA (Stylized) (below right) registered for, inter alia , jewelry handbags, sweaters, t-shirts, and footwear.] In re Panini America, Inc.

Artwork 57

Artwork Television Designs Design 57

The IPKat

NOVEMBER 22, 2022

Last week the media reported (see here ) that the Commercial Court Number 9 of Barcelona has issued a decision on the precautionary measures filed by VEGAP, the sole copyright collecting society which in Spain represents authors of artworks against the well-known Spanish fashion brand. We will have to wait until the final judgment is issued.

Artistic Work 144

Artistic Work Artwork Public Domain Intellectual Property 144

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

Plagiarism Today

SEPTEMBER 21, 2021

Left is my original artwork from my video. Graphic design is credited to award-winning graphic designer Jeremy Samples, so it's disappointing they would copy instead of producing original artwork. The graphic design credit for the show is Jeremy Samples, someone St.

Plagiarism 196

Plagiarism Graphic Design Copying Artwork 196

LexBlog IP

JANUARY 20, 2022

IPNews® – Fashion bag designer Hermès, creator of the popular Birkin bag, has sued Mason Rothschild over an NFT he created named MetaBirkins. NFT’s are often represented by digital artwork, photos, audio and even video. To continue reading, click: NFT Trademark Lawsuit Over Fashion Bags Heads To Federal Court.

Non-Fungible Tokens 52

Non-Fungible Tokens Trademark Artwork Designs 52

JD Supra Law

OCTOBER 5, 2021

Over the past year, I've carefully followed the increase in litigation brought by artists against retailers — clothing brands, automotive brands, and food and beverage chains — for the alleged copying of their distinctive artwork in fashion designs and marketing campaigns.

Artwork 52

Artwork Branding Brands Branding 52

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

The TTABlog

JUNE 8, 2023

Heasley) [Requirement to disclaim the words THE SENSORY PATH in the mark shown below, for "interactive decals with permanent adhesive backing, designed for use by children to improve cognition and other skills."] In re Sensory Path Inc. 88667617 (May 31, 2023) [not precedential] (Opinion by Judge David K. In re Skiposters.com , Serial No.

Artwork 52

Artwork Designs Design Marketing 52

JD Supra Law

MARCH 9, 2022

AI has advanced significantly in creative industries, including music, web design and development, art, and social media, begging the.

Web Design 52

Web Design Copyright Social Media Artwork 52

Intepat

SEPTEMBER 15, 2023

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. Mario Klingemann’s AI Artworks : Mario Klingemann, a well-known AI artist, has produced various AI-generated artworks.

Art 105

Art Copyright Ownership Non-Fungible Tokens 105

Plagiarism Today

NOVEMBER 16, 2022

Specifically, users were upset that that their artwork would be used to train the new system and that, if they wanted to opt out, their options were limited. Many users took to Twitter, in addition to forums on DeviantArt itself, to express their frustration and to condemn the new tool.

Artwork 210

Artwork Art Plagiarism Reporting 210

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.

IP 52

IP Intellectual Property Artwork Designs 52

The TTABlog

NOVEMBER 30, 2022

91267822 [Section 2(d) opposition to EDENIC BLENDS & Design for "Vitamin and mineral supplements; none of the foregoing containing CBD" in view of the registered mark EDEN and an alleged family of EDEN-formative marks, for natural and organic food and beverage products, including dietary food supplements.]

Artwork 57

Artwork Designs Design Registration 57