IP Intelligence

APRIL 24, 2023

Combine that “mastermind/dominant” author doctrine with the run of cases discussing ownership of software outputs (i.e., Copyright Office (the Office) when it comes to copyright ownership of artificial intelligence (AI) output. the “lion’s share” cases), and we see that the notion of what an “author” even is is highly nuanced.

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Nelligan Law

NOVEMBER 22, 2023

Amidst the summer glow and quaint townscapes, the convergence of reality and reel world poses an intriguing question: Can Hallmark claim ownership over a recipe that brings forth wintry magic, despite the fake snow and sunny filming days? And do indulge responsibly in your holiday movie marathons—your family’s sanity may depend on it!

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Intellectual Property Blogging Ownership Trademark 86

LexBlog IP

APRIL 24, 2023

Combine that “mastermind/dominant” author doctrine with the run of cases discussing ownership of software outputs (i.e., Copyright Office (the Office) when it comes to copyright ownership of artificial intelligence (AI) output. The Office has answered that question with a resounding “maybe.” Merkin , 791 F.3d

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More Than Your Mark

AUGUST 20, 2021

At its core, 3-D printing uses computer code in a computer-aided design (CAD) file to instruct specially designed printers to print three-dimensional physical objects one layer at a time. The functionalities and any new and unobvious structures created by 3-D printing technologies may be the subject of a utility or a design patent.

Intellectual Property 98

Intellectual Property Designs Design Invention 98

Technology & Marketing Law Blog

JUNE 17, 2023

According to the complaint, these separate entities are just one big data-sharing family, leveraging their combined resources in non-standard ways such as Microsoft sharing hardware and cloud infrastructure resources in exchange for an ownership interest in OpenAI. Complaint at 31. And this case is just beginning. –Doe 1 v.

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Technology & Marketing Law Blog

JANUARY 24, 2024

This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer. The court explains: They describe steps in the process of fashion design and capture much (if not all) of the creative output that Gutman might produce in her role as a designer.

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Social Media Ownership Designs Design 80

IPilogue

MARCH 14, 2022

Therefore, Nike claims that the sale of the NFT of a Nike product constitutes a trademark infringement, trademark dilution, false designation of origin, and many other unauthorized use violations. When StockX sells these NFTs, the NFT is often a picture of the item made by another company— in Nike’s case, eight out of nine times.

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Non-Fungible Tokens Ownership Intellectual Property Intellectual Property Law 122

IP Tech Blog

JANUARY 3, 2024

The post UK Supreme Court rules on AI and Patent Applications appeared first on Global IP & Technology Law Blog. As such, in terms of predictions for the coming year, the commencement of consultations on changes to the UK patent system in light of AI feels like a safe bet.

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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. Conclusion One case related to ownership and Section 512.

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Blogging Fair Use Copyright Copyright Notice 96

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Third, is Trump’s claim of ownership barred by 17 U.S.C. There is no defined segregation, either by design or by implication of any of plaintiff’s expressions of his thoughts and opinions on the subjects discussed which would aid in identifying plaintiff’s purported copyrighted material.

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Copyright Blogging Publishing Fair Use 120

LexBlog IP

JANUARY 10, 2024

That then plays off the rest of the title’s allusions to separating “subjects” from the “predicates” of copyright ownership, themselves words connoting the foundational elements of both “ any complete sentence ” and at times a court’s jurisdiction over infringement matters. ’” Id.

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Ownership Copyright Government Intellectual Property 52

Technology & Marketing Law Blog

AUGUST 5, 2022

This is a case focusing on ownership of social media accounts. The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. We blogged this case twice before. The district court initially punted on the ownership question. Teamsters Loc.

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Social Media Ownership Branding Brands 99

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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IP Ownership Non-Fungible Tokens Copyright Law 109

IPilogue

JUNE 2, 2022

Previously, IPilogue reported that Australia has granted patent ownership to an AI inventor. While DABUS’ patent application is still developing in Canada, the recent reversal of the Australian decision will likely impact the future of patent ownership rights of AI. In Apotex Inc v Wellcome Foundation.,

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Invention Ownership Intellectual Property Inventor 111

SpicyIP

FEBRUARY 24, 2022

CIPS also aims at suggesting amendments and efficient implementation of IP to the Government of India and monitoring the design and dissemination of various courses and programmes pertaining to intellectual property rights training and research. The NLUJ-CIPS Blog. 5000 & publication in the CIPS Blog. Second Prize: Rs.

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IP Intellectual Property Moral Rights Blogging 129

LexBlog IP

JANUARY 3, 2024

In a much anticipated judgment, the UK Supreme Court delivered on 20 December 2023 its ruling in the case of Thaler v Comptroller-General of Patents, Designs and Trade Marks ( Thaler (Appellant) v Comptroller-General of Patents, Designs and Trademarks (Respondent) – The Supreme Court ) on whether an artificial intelligence ( AI ) system can be (..)

Patent Application 52

Patent Application Inventor Patent Invention 52

Intepat

SEPTEMBER 15, 2023

This burgeoning genre is not only pushing the boundaries of artistic expression but also challenging the established norms of copyright ownership. This blog post embarks on a comprehensive journey to unravel the complex issue of copyright ownership in AI-generated art.

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Art Copyright Ownership Non-Fungible Tokens 105

LexBlog IP

DECEMBER 17, 2021

Recommended Reading: Germain and Sitler, “The Constitution Commandeth: Thou Shalt Not Protect the Same Subject Matter Under Design Patent and Trade Dress Laws” [link] pic.twitter.com/JCpHwspoIH. —D938,144, for a design for a “Shoe”: [link] #DesignPatents pic.twitter.com/XWsAwvLqHH.

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IP Ownership Design Patent Designs 52

IPilogue

JANUARY 30, 2023

Famous for its easily-recognizable design of breathable and water-friendly clogs, Crocs was founded in 2002 in the US by three college friends who enjoyed sailing. Released on October 21, 2022, this case decision concerned the validity of the industrial design rights for Crocs’ MAMMOTH line of fleece clogs (“939 Design”).

Intellectual Property 105

Intellectual Property Designs Design Design Patent 105

Technology & Marketing Law Blog

MAY 27, 2023

” I sense the court was overwhelmed by the complexity of music licensing, where there are layers upon layers of agreements over the initial ownership of the work, subsequent ownership transfers, distribution licenses, designations of enforcement agents, and voluntary uploads of the works by one or more people in the chain.

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Ownership Licensing Copyright Fair Use 66

IPilogue

NOVEMBER 18, 2022

The termination of this seven-year partnership, most famously known for its development of the Yeezy sneakers, raises important questions about IP ownership when business collaborations collapse. This includes at least eight US design patents filed by Adidas in 2016 that claim the ornamental design of the Yeezy sneakers.

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Business Contracts Branding Brands 131

Patently-O

JUNE 28, 2023

The first blog in the series is here and resources from the first conference of the initiative are available here. Women submitted less than 10% of the ideas I received, despite making up more than 30% of the technical and design roles in the organizations I supported. But why should we train women to act more like men?

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LexBlog IP

APRIL 28, 2023

However, there are legal concerns associated with using AI to generate content, like this blog article, which was created in part through the assistance of ChatSonic AI. Copyright law protects original works of authorship, including literary works like blog articles. This is a complex legal issue that has yet to be fully resolved.

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Content Creation Plagiarism Blogging Ownership 52

Technology & Marketing Law Blog

JULY 17, 2023

An Abitron employee had unearthed documents that suggested that Abitron (rather than Hetronic) had retained ownership of the trademarks in question after a series of business restructurings. Hetronic Doesn’t Go the Distance (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

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Kashishipr

APRIL 13, 2022

Therefore, an NFT can refer to a digital art piece or can be linked to a physical product for proving the authenticity or ownership of the said product. For obtaining beyond doubt ownership of such a virtual product design, specifically in the legal environment, IP protection must be carefully considered and dealt with diligently.

Intellectual Property 116

Intellectual Property IP Non-Fungible Tokens Branding 116

Technology & Marketing Law Blog

MARCH 8, 2024

Other examples of error-prone IP topics: design patents, where a simple visual comparison of the two works isn’t sufficient to determine infringement; or trade secret litigation, where the item’s trade secret status and ownership is often highly contested. Alibaba N.D.

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Trademark Law Trademark IP Blogging 99

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. At the crux of both cases lies the conundrum of copyright ownership and infringement. Conversely, the confidential settlement reached in S.

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Copyright Fair Use Copyright Law Settlement 79

Intepat

MAY 24, 2023

TYPES OF IP CONTRACTS (1)INTELLECTUAL PROPERTY ASSIGNMENT AGREEMENT The process of facilitating the transfer of ownership rights for various forms of intellectual property, such as copyrights, trademarks, patent, trade secrets, and other intangible creations is known as an intellectual property assignment.

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IPilogue

MAY 18, 2022

This blog was prepared as a requirement for the Directed Reading: IP Innovation Program course, taught by Prof. For now, at least in Canada, ownership will be assigned to the person who arranged to create the work and not the AI that created the work itself. Pina D’Agostino. an author’s employer or publisher).

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Business Copyright Intellectual Property Ownership 119

Kluwer Copyright Blog

JUNE 20, 2023

Image by Tumisu via Pixabay Part I of this blog introduced the first of three ambiguities NFT purchasers may face. Firstly, the applicability of the resale right would appear evident at first glance given that an NFT is designed to generate a digital original of an artwork. Secondly, the NFT transaction can simply be taken off-chain.

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Artwork Contracts Ownership IP 98

Nelligan Law

AUGUST 8, 2022

Nelligan Law is grateful for the contribution of articling student Sophie Ryder in writing this blog post. For example, a copyright will help keep your ownership over artistic creations (like songs or videos). The Copyright Act and The Industrial Design Act both touch on the topic of employment and IP. Why is IP important?

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Intellectual Property Invention Ownership Contracts 74

Garrigues Blog

MARCH 2, 2023

The national office sends the documentation to WIPO in Geneva which then notifies the national offices of the countries designated (national phase). The WIPO then notifies the trademark offices of each country designated in the international application (in our example, Australia, Israel and Malaysia).

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IPilogue

MARCH 9, 2022

Behind every video game, there is a video game designer. And behind every designer, there is a publisher. In Sony’s case, it is likely more cost-efficient to purchase Bungie and gain some ownership over its future games than to create games itself for its PlayStation consoles. billion USD.

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Intellectual Property Ownership Publishing Designs 103

IPilogue

DECEMBER 5, 2022

Pio, as a platform advisor from Microsoft, endorsed this solution as ownership of the IP also comes with difficult questions about transparency, bias, and uses. Dykeman expressed concerns about how much of the development of AI for health is under the research designation, and the challenges that that may introduce down the road.

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Privacy Ownership Government IP 120

Technology & Marketing Law Blog

MAY 30, 2023

Accordingly, the court preliminarily enjoins the Owocs from posting to the accounts until ownership is definitively adjudicated. You can see how social media account ownership issues are intractable when companies embrace “cults of personality” around a charismatic entrepreneur. So the accounts remain in limbo for now.

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Social Media Ownership Marketing Marketing 80

IPilogue

JUNE 23, 2022

Retired Nicklaus now heads his golf course design and construction company, Nicklaus Designs. The IP rights and activities related to both Nicklaus as a person and his golf course design and construction activities made the deal worth more than $145 million.

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IPilogue

JUNE 21, 2022

sued StockX LLC for trademark infringement, false designation of origin, trademark dilution, and related causes. NFTs are unique digital assets that are digital representations of ownership of real-world items. Anita Gogia is an IPilogue Writer and an incoming 2L JD Candidate at Osgoode Hall Law School. On February 3 rd 2022 Nike Inc.

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Non-Fungible Tokens Ownership False Advertising Fair Use 116