IP Law 360

JANUARY 10, 2024

A Los Angeles-based designer is accusing Spirit Halloween of copyright infringement in a suit claiming that the country's largest Halloween retailer willfully made and sold unauthorized copies of her original "Spooky All Year" ghost pins.

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Designs Design Copyright Copyright Infringement 52

Plagiarism Today

MAY 17, 2022

Dubbed DeviantArt Protect and Launched in July 2021 , the system was originally designed to help artists detect duplicates or near-duplicates of their images on the internet. We’ve seen mass litigation efforts, commonly referred to as “copyright troll” operations , speculative invoicing and much more. Bottom Line.

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Plagiarism Today

OCTOBER 24, 2022

But, before I go, I wanted to leave you with five tales of how copyright has shaped Halloween that I’ve written over the years. 1: How a Copyright Mistake Created the Modern Zombie. When the film was released, the print was missing a copyright notice. 2: Dracula vs. Nosferatu: A True Copyright Horror Story.

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Copyright Public Domain Copying Copyright Notice 264

Intellectual Property Law Blog

JANUARY 11, 2023

Understanding Mask Work Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Compendium: Chapter 1200, sections 1201-1202.

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Biswajit Sarkar Copyright Blog

JULY 21, 2022

Copyright in registered designs means that the author has the exclusive rights to apply a design to any article in any class. The proprietor of a registered design has the exclusive right to apply such design to all such classes. The exclusive right to import for sale any article in which the design is registered.

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Designs Design Copyright Registration 52

Kluwer Copyright Blog

MAY 13, 2024

overturned the High Court decision in which Mr Justice Mellor found that the Bitcoin File Format (the “BFF” ) was not a protectable work in a copyright sense as it did not satisfy the fixation requirement under s.3(2) 3(2) of the Copyright Designs and Patents Act 1988 (the “ Act ”).

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Intellectual Property Law Blog

JANUARY 11, 2023

In Brooktree, the court stated that “If the copied portion [of the mask work] is qualitatively important, the finder of fact may properly find substantial similarity under copyright law and the Semiconductor Chip Protection Act,” even if other portions of the chip were not copied. Advanced Micro Devices, Inc., 2d 1555 (Fed.

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Designs Design Copying Copyright Law 130

IP and Legal Filings

MAY 13, 2024

Is copyright, patent, or trademark infringement applicable to AI creations or not, and who owns the material that AI platforms generate for you or your clients is still an unanswered question. AI additionally possesses no copyright on the material that it generates.

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Copyright Intellectual Property Ownership Technology 83

Patent Trademark Blog

NOVEMBER 30, 2022

No patents: What are your options against product copies? Use design patents to protect this new appearance. Would copyright protection be available for your original product? Copyright protection might be an option. That is not to say that copyrights will solve everything. It’s understandable.

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Copying Patent Patent Application Blogging 98

TorrentFreak

MAY 17, 2022

Long before the advent of legitimate online video streaming services, torrent sites and similar platforms allowed users to download and keep copies of movies and TV shows. Is it permissible to download and keep copies of movies and TV shows if you’ve paid for a legal subscription? Copyright Law and DRM.

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Copying Social Media Licensing Technology 116

Plagiarism Today

AUGUST 23, 2022

1: Ex-White House Photographer Sued for Copyright Over His Own Photo: ‘You Can’t Make This Up’. According to the notice, the photo rights group WENN holds the rights to the image and accused Souza of infringing their copyright. 2: Bungie’s Copyright Infringement Claims Against AimJunkies ‘Insiders’ Can Continue.

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Copyright Public Domain Copyright Notice Plagiarism 192

43(B)log

NOVEMBER 27, 2023

Design Gaps, Inc. 21, 2023) Design Gaps produces custom cabinetry for high-end homes; Hall is a former employee of Design Gaps who signed a nonsolicitation/noncompete clause but went to work for a design studio that was part of Design Gaps’ main competition, Peters. Hall, 2023 WL 8103156, No.

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IP and Legal Filings

OCTOBER 12, 2022

Various jewelry designers have obtained IP protection for their jewelry pieces that range from trademark protection of the brand value to protection of the design itself either through copyright and/ or patents. From 2013 to 2015, Cartier filed various design patents for their iconic panther designed jewelry.

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Designs Design Copyright Artistic Work 52

Art Law Journal

JANUARY 21, 2021

It is a common misperception that you cannot copyright a building design. That is probably because, before 1990, there wasn’t much protection for building designs. At that time, anyone could reproduce buildings that looked identical to those created by others, as long as they didn’t actually use copied drawings to build them.

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The IPKat

NOVEMBER 30, 2022

On November 29, 2022, the European Commission published the long-awaited proposals for a revised Regulation and revised Directive on designs. New definitions for “design” and “product” (Art. 3 Draft Regulation) Draft Directive and Draft Regulation suggest a new definition for “design” and “product”, respectively.

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Velocity of Content

JANUARY 25, 2024

“Is offshoring the training of AI a credible and efficient response to minimize copyright compliance risks or is offshoring merely a theoretical argument designed to both influence lawmakers and for government relations purposes?” Artificial Intelligence (AI) is global, and copyright laws are national.

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Copyright Copyright Law Copyright Infringement Government 98

The IPKat

OCTOBER 1, 2022

Here’s what Felicia writes: Archival Authenticity or Iconic Copies? According to The Business of Fashion , Kardashian “tweaked Dolce & Gabbana styles from the 1990s and early 2000s” creating “finished looks” with Domenico Dolce and Stefano Gabbana “that were, the designers said, about 20 percent different from the originals.”

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Copying IP Copyright Law Designs 97

Plagiarism Today

OCTOBER 26, 2021

As we’ve discussed in the past , copyright has played an oddly oversized role in our modern Halloween festivities. However, one of the areas that is generally less talked about is copyright’s impact on Halloween costumes. Copyright and Halloween Costumes. Copyright Office. However, copyright is only half the picture.

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Art Law Journal

JANUARY 21, 2021

It is a common misperception that you cannot copyright a building design. That is probably because, before 1990, there wasn’t much protection for building designs. At that time, anyone could reproduce buildings that looked identical to those created by others, as long as they didn’t actually use copied drawings to build them.

Designs 52

Designs Design Copyright Copying 52

43(B)log

MAY 19, 2023

Wowwee sells a line of dolls called “My Avastars,” which plaintiffs allege were “copied directly from Roblox’s Classic Avatars.” The court found copyright infringement adequately pled as to several figures, although substantial similarity was a “close issue.”

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Copying False Advertising Social Media Advertising 94

Kluwer Copyright Blog

APRIL 13, 2023

Photo by Markus Spiske on Unsplash Welcome to the first trimester of the 2023 round up of EU copyright law! In this edition, we report on an AG Opinion that came out late in 2022 and update you on what has happened in the first trimester of 2023 in EU copyright law.

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Copyright Law Law Copyright Copying 75

The IPKat

JANUARY 30, 2024

This Kat has found a recent decision issued by the Paris Court of Appeal in a dispute over the allegedly unlawful reproduction of a t-shirt design. This ruling was an opportunity for the court to reiterate that a garment can be protected by copyright and design law. Consequently, no copyright infringement could be found.

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Designs Design Art Intellectual Property 73

LexBlog IP

SEPTEMBER 27, 2021

In a recent decision, the Review Board of the United States Copyright Office (“Board”) reversed an examiner’s prior refusal to register a copyright in the artistic elements present in the bed shown above, paving the way for the applicant to obtain a copyright registration in this work.

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Designs Design Copyright Artistic Work 52

LexBlog IP

JUNE 26, 2023

The court concluded that JSC’s unique designs acquired secondary meaning in the eyes of consumers in the furniture market, particularly because of Trendily’s copying, and possessed protectable trade dress. JSC designs high-end furniture hand-crafted by woodworkers in Indonesia.

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Copying Social Media Designs Design 52

TorrentFreak

JANUARY 4, 2022

The wide feature range of Genshin XYZ appears designed to undermine that monetization since the tool allows players to cheat their way to progress instead. As a result, Github honored the takedown request on broader copyright infringement grounds and disabled the repository, which probably satisfied the cheat makers.

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Copying Copyright Infringement Intellectual Property Copyright 142

The IP Law Blog

SEPTEMBER 28, 2023

21, 2023) (Hector Gonzalez), the District Court for the Eastern District of New York granted the plaintiff’s motion for summary judgment regarding the validity of its copyright. The plaintiff also consulted with various rabbis as part of the design process for the Second Holy Temple Product. Chazak Kinder, Inc.

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LexBlog IP

DECEMBER 26, 2023

The legal world is buzzing about AI and its use for all kinds of things, including generating logos, text, and other things people would normally want to register for copyright or trademark protection. Copyright I asked DALL-E to make some logos for me for use in this post. But what rights do you have to what it creates for you?

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Designs Design Trademark Copyright 52

IP Law 360

SEPTEMBER 23, 2022

A Delaware federal judge slimmed down an interior designing app owner's copyright suit against Target on Friday over three-dimensional decorating technology, axing claims that Target copied the look of its invention since the competing tools are "visually distinct."

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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. However, an equally long list of controversies accompanies this list of accomplishments, the majority of which involve alleged copying. If successful, this would mean TGE could not file an infringement suit).

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Social Media Copying Branding Brands 52

Plagiarism Today

NOVEMBER 16, 2022

1: Ninth Circuit Affirms Validity of Unicolors’ Copyright Registration on Remand, But H&M Scores Big on Remittitur Calculations. The lawsuit was filed by Unicolors, which accused H&M of infringing a 2011 design that they created as part of a 2015 one H&M sold in their stores and online.

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Registration Designs Design Copyright 200

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.

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Copyright Fair Use Social Media Artwork 78

The IPKat

JUNE 17, 2023

Would you say that Cattelan’s work (realized for an exhibition in Miami in 2019) is an unauthorized reproduction of the 2001 work below, titled Banana and Orange , and thus an infringement of the copyright vesting in it? Let’s see more in detail how the judge reasoned.

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Copyright Infringement Copyright Art Artistic Work 143

Kluwer Copyright Blog

FEBRUARY 2, 2023

This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. Very few jurisdictions expressly provide for copyright in computer-generated works.

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Copyright Art Fair Use Registration 145

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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Plagiarism Today

OCTOBER 27, 2021

Yesterday, we looked at the myriad of ways that copyright and trademark impact Halloween costumes. However, that is just the latest in a decade-long history of discussing copyright, plagiarism and other authorship issues as they pertain to Halloween and horror. Copyright and Halloween.

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Plagiarism Copyright Public Domain Copyright Infringement 208

43(B)log

SEPTEMBER 20, 2021

3, 2021) The parties compete in the market for custom landscape design services. “[I]n Each webpage that contained one of McCleese’s photos also contained Natorp’s own trademark and copyright symbols at the top and bottom. McCleese registered copyrights for his photos in 2019.

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Copying False Advertising Social Media Advertising 64

TorrentFreak

APRIL 18, 2023

The legal action was triggered by a complaint from game publisher Nexon , which accused its rival of copyright infringement and stealing trade secrets. The complaint (pdf) The 55-page complaint accuses Ironmace of copyright infringement and misappropriation of trade secrets. “Our code was built from scratch.

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Copyright Infringement Copyright Copying Publishing 111