Patently-O

APRIL 17, 2024

This case began back in 2006 when Crocs sued Double Diamond and others for patent infringement of Crocs’s design patents. Therefore, Dastar ‘s unaccredited copying did not constitute a false designation of origin actionable under § 43(a) of the Lanham Act. Crocs largely prevailed in those actions. ” Dawgs brief.

False Advertising 114

False Advertising Advertising Advertising Patent 114

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.) This type of expression should remain in the public domain available for everyone to use on expressive merchandise to convey ideas, information, and other messages.

Registration 74

Registration Trademark Blogging Law 74

Kashishipr

APRIL 20, 2022

Patents, copyright, and trademarks have been the most widely recognized forms of IP to date; however, there are other forms as well, including geographical indications and industrial designs, which have been gaining attention in the past few decades. For more visit: [link].

Intellectual Property 119

Intellectual Property Confidentiality Public Domain Business 119

Velocity of Content

JANUARY 23, 2024

The FAIR principles are designed to address the necessary steps to make research data and the metadata attached to it FAIR (Findable, Accessible, Interoperable, and Reusable). The FAIR Principles are vital to enabling the use of data, not just for people, but more importantly for machines.

Public Domain 98

Public Domain Licensing Privacy Designs 98

Technology & Marketing Law Blog

FEBRUARY 13, 2023

If the work was published without proper copyright notice, the work entered the public domain. Effective January 1, 1978, the date of federal copyright protection was moved back from the date of first publication to the date the work was “fixed in a tangible medium of expression,” or permanently recorded in some form.

Copyright 120

Copyright Blogging Publishing Fair Use 120

IP and Legal Filings

JUNE 27, 2022

The blog is divided into two parts and this is part 2 of the blog. PART 1: of the blog discussed about history, development, fundamentals of IPR and explained Patents and Trademarks. This blog will consider different IPs, which are at growing stage. INDUSTRIAL DESIGNS. which is to be judged solely by the eyes.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52

Biswajit Sarkar Copyright Blog

MARCH 6, 2024

Prior art, the term mostly used during patent applications, is used to describe all information available in the public domain before the priority or filling date of the patent application. Academic researchers play an important role, as most of the time, they are concerned about publication, not patents.

Art 52

Art Patent Public Domain Invention 52

IP and Legal Filings

JANUARY 29, 2024

The purpose of this Blog is to examine the problems associated with using the current legal system to protect geographical indicators. An indication becomes generic when it returns to the public domain and is no longer protected in its country of origin or has ceased to be used there.

Registration 92

Registration Blogging Designs Design 92

Biswajit Sarkar Copyright Blog

JULY 19, 2022

In this blog we will take a look at best practices to avoid copyright infringement. Public domain resources as a starting point. There are several places where you can find public domain content that is free to use. Avoid access to prior design work. Make your own or purchase original art from someone else.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

Velocity of Content

JULY 8, 2021

Public Domain work. You’re blogging on your own, posting once a day; podcasting a weekly news wrap-up on Fridays – and things are looking up. So, say you’re a newly minted blog site owner/operator. Image Attribution: John Tenniel (1865). Imagine yourself just sitting down to building your own little media empire.

Copyright 81

Copyright Blogging Intellectual Property Registration 81

Plagiarism Today

SEPTEMBER 8, 2022

In a blog post published last week and covered by Adi Robertson at The Verge yesterday , the firm is introducing what it calls “Can’t Be Evil” (CBE) licenses, a series of licenses that can be affixed to NFTs to clearly indicate what rights the NFT creator transfers to the buyer. The idea is fairly simple.

Licensing 200

Licensing Moral Rights All Rights Reserved Copyright 200

Technology & Marketing Law Blog

DECEMBER 15, 2021

As I’ve blogged many, many times on this blog (see list below), 512(f) has been a complete failure. A few plaintiffs have won default judgments (including one I blog below). Defendant had not obtained the Deposit Design from the Copyright Office. 512(f) is a cause of action for abusive takedown notices.

Registration 112

Registration Fair Use Copyright Designs 112

Biswajit Sarkar Copyright Blog

AUGUST 12, 2022

Now, this documentation may raise concerns about protection of IP as it may fall into the public domain. We shall be discussing the same in our upcoming blogs. They observed that the designs have been handed down from generation to generation and that they are a result of the collective creativity of the Mayan community.

Intellectual Property 52

Intellectual Property Public Domain Music IP 52

Kluwer Copyright Blog

JUNE 8, 2022

This two-part blog post offers a reflection on the topic of content moderation and bias mitigation measures in copyright law. Scenario (1): Public Domain. The public domain is arguably the “cheapest” source of data. Open Licenses are likely the closest scenario to the Public Domain in terms of “costs”.

Public Domain 52

Public Domain Licensing Copyright Law Copyright 52

IP and Legal Filings

OCTOBER 4, 2022

However, with the publication on 23 October 2012 of UAE Federal Law No. image Source : Medium Blog]. Design rights are registered with the IPPD. Unregistered design rights are not recognised (although in some instances, copyright may apply). The term of protection is ten years. The UAE is a member of the Paris Convention.

Intellectual Property 52

Intellectual Property Law Business Designs 52

The IP Law Blog

JANUARY 12, 2023

Also, if the company has changed the graphic user interface to any of its technology products or has changed product packaging, point of sale displays, or product design, these may also be protectable trade dress. . Such inventions may be protectable under federal patent laws.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Intepat

SEPTEMBER 15, 2023

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

Art 105

Art Copyright Ownership Non-Fungible Tokens 105

SpicyIP

MARCH 15, 2022

This blog examines how press publishers have claimed rights over their content on digital media platforms like Facebook, Google News, which give a preview of two-three lines along with a hyperlink to the press publication. After a tussle with Facebook in 2021, Australia adopted News Media Bargaining Code.

Publishing 105

Publishing Marketing Marketing Advertising 105

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

To optimize tax considerations, the celebrity should ensure that the ownership of the trademark registration lies with a designated company. An effective solution to address this concern is the formal registration of a celebrity’s name as a trademark.

Intellectual Property 76

Intellectual Property Registration Trademark Personality Rights 76

IP Intelligence

APRIL 24, 2023

ChatGPT, Midjourney, DALL-E and other consumer-facing programs have dominated headlines, and so many bits have since been spilled in legal blogs postulating how users of GAI might be able to assert copyright ownership in the output. 2018) (citing Design Data Corp. Rearden and Design Data , together with Torah Soft Ltd.

Ownership 98

Ownership Copyright Public Domain Registration 98

LexBlog IP

JANUARY 12, 2023

Also, if the company has changed the graphic user interface to any of its technology products or has changed product packaging, point of sale displays, or product design, these may also be protectable trade dress. Such inventions may be protectable under federal patent laws.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

LexBlog IP

DECEMBER 14, 2023

4] To bridge the transitional period, the Commission has initiated an AI Pact – a scheme to encourage companies to voluntarily communicate the processes and practices they are putting in place to prepare for compliance and ensure that the design, development and use of AI is trustworthy. [5]

Reporting 52

Reporting Publishing Marketing Marketing 52

JIPEL Copyright Blog

MARCH 9, 2022

For instance, AR could be designed to allow a visitor to access additional information about a particular piece of work, while VR could enable individuals who are unable to physically visit a museum to peruse its collections from the comfort of their own homes, at their own pace.

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

LexBlog IP

FEBRUARY 12, 2022

As we have elsewhere explained in previous blogs, GIs denote a close connection between a product like cheese, and a specific place, including natural features like soil, climate and vegetation, and traditions of production like cheese making, aging and curing. vii] The actual GI designation today is AOP; see photo. ” [xviii].

Public Domain 59

Public Domain Registration Journalism Designs 59

SpicyIP

NOVEMBER 15, 2022

We’ve had a busy week at SpicyIP with lots of IP developments on and off the blog. The Court, however, disagreed with the Defendant’s argument holding that there was no information available in the public domain for the Plaintiff to reach at the above conclusion regarding relations between the Defendants. Image from here.

Trademark 105

Trademark Patent Copyright Designs 105

LexBlog IP

APRIL 15, 2022

A trademark can include designs, phrases, and symbols, and it is “how customers recognize you in the marketplace and distinguish you from your competitors.” Disney should also be strategically liberal in its lawsuits—both under trademark law and under derivative works.

Derivative Work 52

Derivative Work Trademark Law Branding Brands 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. appeared first on Biswajit Sarkar Blog. billion) as this is the reason for its global importance.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. appeared first on Biswajit Sarkar Blog. billion) as this is the reason for its global importance.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. appeared first on Biswajit Sarkar Blog. billion) as this is the reason for its global importance.

Technology 52

Technology Patent IP Invention 52

LexBlog IP

APRIL 24, 2023

ChatGPT, Midjourney, DALL-E and other consumer-facing programs have dominated headlines, and so many bits have since been spilled in legal blogs postulating how users of GAI might be able to assert copyright ownership in the output. 2018) (citing Design Data Corp. Rearden and Design Data , together with Torah Soft Ltd.

Ownership 64

Ownership Copyright Registration Public Domain 64

LexBlog IP

JANUARY 10, 2024

Government by its officers and employees should not be subject to copyright” and fall “in the public domain.” It is strange because that would mean that the unpublished portions would also be government works available for public use. . “The basic premise of [S]ection 105.[is] ” H.R.

Ownership 52

Ownership Copyright Government Intellectual Property 52

LexBlog IP

AUGUST 23, 2023

Though articles about many of those, or related, issues have appeared here in the past, they present issues that will not be solved, or even too well-defined, in this August blog post. But I will describe what happened when I read a few news reports describing the outcome in Morford v. Morford , at 11. ” Id. & Tech.

Copyright 52

Copyright Art Copying Derivative Work 52

Barry Sookman

MAY 4, 2020

These corresponding decisions are summarized in a blog post written by Alfred Macchione and Ben Lai of Mccarthy Tetrault. A further contribution can lie in the abstraction of a specific solution provided by the 5 AI, e.g. a specific design of a mechanical part, to a general concept, e.g. a design principle for certain mechanical parts.

Intellectual Property 52

Intellectual Property Inventor Invention Copyright 52

SpicyIP

JANUARY 2, 2022

The Court noted that redacting one’s name from a judgment acquitting them is counterproductive when there are other tarnishing publications in the public domain and that access to court judgments are integral to “open justice”, subject only to some exceptions. Top 10 Judgments/Orders [Jurisprudence/Legal Lucidity].

IP 143

IP Intellectual Property Copyright Trademark 143