The IPKat

JULY 11, 2021

Copyright IPLens blog looked at several recent decisions of the Court of Milan, to see how the CJEU Cofemel decision has impacted on the copyright protection of industrial designs [see also an IPKat post the Kiko case, where the Italian Supreme Court applied Cofemel to Kiko store layout]. The current battle is over a U.S.

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The IPKat

JANUARY 2, 2022

We say goodbye to 2021 with the most interesting posts and articles from the surrounding IP blogs of the past week! The analysis also referred to a pending case before the CJEU dealing with Community design law ( EUIPO v The KaiKai Company Jaeger Wichmann | C-382/21-P) and other EU trade mark cases from 2021. Daktronics, Inc.,

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The IPKat

AUGUST 29, 2021

This Kat is just hanging out While the summer winds down, why not while away the hours with news and views from around the IP blogs? Copyright The Kluwer Copyright Blog gave an update on EU copyright law developments for the second trimester of 2021, including insights into the cases and referrals coming up soon.

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The IP Law Blog

DECEMBER 9, 2022

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the trademark and contract issues that Adidas is navigating with shoe designs and related designs in the future. Listen to the podcast of this episode here.

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Kluwer Copyright Blog

APRIL 2, 2024

The object of copyright protection is not the thought (idea) underlying the work as such, but only the personal physical shaping of the idea. Based on the fundamental principle of this idea-expression dichotomy, mere ideas, including film ideas, are not protected by the Austrian Copyright Law. is not protected under copyright.

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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. For now, the law is still hazy. megastar Randy Orton.

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Kluwer Copyright Blog

DECEMBER 4, 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. Top 3 Kluwer Trademark Blog posts 1) Brothers in arms. “ Part 2 of this post is available here.

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Kluwer Copyright Blog

JUNE 29, 2023

Photo by Markus Spiske on Unsplash Welcome to the second trimester of the 2023 round up of EU copyright law! In this series, every three months we update you on what has happened in EU copyright law. For a blog post detailing the hearing before the court see here. You can read the previous round-ups here.

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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.

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Kluwer Copyright Blog

MARCH 13, 2023

Pastiche is one of the newer harmonized user rights in EU copyright law. The exception for caricature, parody and pastiche was made mandatory as part of Article 17 of the Copyright in the Digital Single Market Directive (CDSMD) in 2019. To fill this gap, German fundamental rights NGO Gesellschaft für Freiheitsrechte e.V.

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IPilogue

AUGUST 19, 2022

He also considered the two-step infringement test from Designers Guild listed in paragraph 126. Infringement of protected works. Judge Kimbell considered four basic legal principles listed in paragraph 125 of the decision. He concluded that the evidence of infringement is “overwhelming and obvious”.

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Technology & Marketing Law Blog

AUGUST 22, 2023

18, 2023), affirming the Copyright Office’s position that “a work generated entirely by an artificial system absent human involvement [is not] eligible for copyright.” Eric previously blogged about the Copyright Review Board’s affirmance of the Office’s repeated refusal to register the work back in March 2022. The slides.

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Technology & Marketing Law Blog

JUNE 17, 2023

According to the court: “Copyright law restricts the removal or alteration of copyright management information (“CMI”) – information such as the title, the author, the copyright owner, the terms and conditions for use of the work, and other identifying information set forth in a copyright notice or conveyed in connection with the work.”

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Kluwer Copyright Blog

JULY 7, 2022

Welcome to the second trimester of the 2022 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. This is perhaps one of the most awaited judgemnts in the history of EU copyright law. Photo by Markus Spiske on Unsplash.

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Kluwer Copyright Blog

MAY 30, 2024

However, copyright protection may unexpectedly clash with this sustainable practice, as certain upcycled items could include copyrighted prints, ornaments, or design patterns from the original materials, such as new clothing items made out of old bed sheets, curtains, or tablecloths , or jewellery made from broken porcelain.

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Kluwer Copyright Blog

JANUARY 9, 2023

AI Music Outputs: Challenges to the Copyright Legal Framework – Part I by Oleksandr Bulayenko , João Pedro Quintais , Joost Poort and Daniel Gervais. Yet, the very same automation poses challenges for the application of copyright law, increasing legal uncertainty, as demonstrated in this report vis-à-vis AI music outputs.

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Technology & Marketing Law Blog

APRIL 23, 2024

Technological innovation flourishes only within a thoughtfully designed legal infrastructure, and my talk explains why pro-regulation advocates are likely to overshoot their mark (unless they intend to kill Generative AI outright, which may be the agenda of some).

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Patently-O

DECEMBER 28, 2023

Later, the defendant Liu, a blogger, published the image in a blog post without Li’s permission, removing his username and platform watermark. Li sued for copyright infringement. Judges emphasized that copyright law aims to encourage human creativity.

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Biswajit Sarkar Copyright Blog

OCTOBER 16, 2023

While copyright is concerned with the creative part of jewellery, design is concerned with the shape, configuration, pattern, and mix of lines or colours in two or three-dimensional forms. After examining the above cases, it is difficult to predict whether a single piece of jewellery will be considered an artistic work or a design.

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Technology & Marketing Law Blog

AUGUST 1, 2023

As a practical matter, the answer is certainly yes; an open system is built into the design of the internet. It is hornbook law that secondary liability of all kinds requires proof that direct infringement is occurring. The question is whether the same is true as a legal matter.)

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Selvam & Selvam Blog

JULY 19, 2021

More on AI from our blogs can be found here. Types of protection available to Intellectual property are Copyright, Trademark, Patent, Design, and Geographical Indication. At the intersection: Copyright protection subsists in any work the moment it is expressed in a tangible form. What is Intellectual Property?

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The IP Law Blog

OCTOBER 21, 2022

As Scott Hervey previously wrote on the IP Law Blog, a tattoo artist won a copyright lawsuit against a video game publisher for showcasing an athlete with their tattoo design in a game. Scott and Josh Escovedo discuss the case on this episode of The Briefin g. Listen to this podcast episode here.

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Technology & Marketing Law Blog

MARCH 29, 2023

Now here he claims this infringed his copyright, when in fact this is merely a retaliatory claim due to my filing a DMCA claim based on his appropriation of my design and copyright computer code expressions on multiple occasions without written or verbal permission. I proceeded to do that. Let’s see what comes down next.

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Kluwer Copyright Blog

MAY 1, 2024

Source: European Copyright Society This blog post contains an edited version of the European Copyright Society’s Opinion on Case C-227/23, Kwantum Nederland and Kwantum België. The Berne Convention underscores the national treatment of foreign authors, allowing Union states to protect designs through various means.

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IP Tech Blog

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

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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. Tam ” (pages 433 n. 150 and 449 n.

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IPilogue

SEPTEMBER 22, 2022

DMCA ( Digital Millennium Copyright Act ) strikes and disputes are often thought about in the context of music and video, however, it can be for any copyrightable content. In this case , an entire blog website of a crypto critic was consequently removed due to multiple DMCA strikes. DMCA perjury.

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Kashishipr

AUGUST 25, 2021

Ares Design, an Italian car manufacturer, filed a cancellation action against Ferrari’s mark by arguing that it had not been used for a continuous five-year period. The shape was once eligible for protection as a registered design, but designs can only last for a maximum term of 25 years in the EU.

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Garrigues Blog

APRIL 16, 2024

The Supreme Court has delivered a judgment that bolsters copyright protection for works of applied art under criminal law: It sets an important precedent in Spain in distinguishing design as an art that deserves protection under both criminal as well as civil law.

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Nelligan Law

FEBRUARY 20, 2024

Today, tattoos serve as deeply intimate expressions of identity and selfhood, with each design narrating a unique tale and mirroring the innermost musings, sentiments, and escapades of the wearer. In the realm of tattoo artistry, the tango between creativity and copyright law is a delicate affair, riddled with complexities and nuances.

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JIPEL Copyright Blog

APRIL 26, 2021

How does an influencer and fashion designer become so despised? In this case, via alleged copyright infringement. Bernstein responded by filing a suit for declaratory judgment , essentially asking the court to rule that WWW’s silhouette design did not infringe on TGE’s design. (If The account and its 2.6

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Plagiarism Today

AUGUST 10, 2022

As such, many creators either neglect their work’s copyright protection or pay someone else to handle it, often at great cost. The reason for this is simple, the systems for organizing, registering and enforcing copyrights were, by in large, designed for large copyright holders. Though they provide a link to the U.S.

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Technology & Marketing Law Blog

MARCH 7, 2022

(Readers who are already familiar with the facts of the case and the advantages of registration may skip to “Fraud on the Copyright Office” below.). Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” 3d 1194 , 1196 (9th Cir.

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Velocity of Content

DECEMBER 19, 2023

Copyright protection exists from the time the work is created in a fixed, tangible form of expression. The copyright in the work of authorship immediately becomes the property of the author who created the work. paintings, drawings, carvings, photographs, clothing designs, textiles) Architectural works (e.g., Access it here.

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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.

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IPilogue

NOVEMBER 9, 2022

Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. A decision dated August 5, 2022 from the United Kingdom’s High Court of Justice has the potential to expand the definition of “artistic works of craftmanship” under UK copyright law. What could this mean for UK and Canadian copyright law?

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Intellectual Property Brief

MARCH 24, 2022

A long-standing copyright infringement dispute between a fabric designer, Unicolors, and a fashion industry giant, H&M, allowed the U.S. Supreme Court to recently weigh in and determine the scope of a phrase found within § 411(b)(1) of the PRO-IP Act and change the trajectory of copyright law for the future.

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