Technology & Marketing Law Blog

AUGUST 2, 2023

Do these creations belong to the artists or the public domain? s advertisement for hats, copying Sarony’s Oscar Wilde No. Copyright Office’s decision to deny Kashtanova copyright registration in their AI-generated art places artists’ rights to ownership of their works in question. By guest blogger Prof.

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Artwork Blogging Art Copyright 96

Biswajit Sarkar Copyright Blog

JULY 19, 2022

A person brings in counterfeit copies of a work Without getting permission from the copyright holder, someone reproduces his work in any way. Additionally, creators are not needed to file a copyright registration with the US Copyright Office. Public domain resources as a starting point. Do not copy anything.

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Copyright Infringement Copyright Public Domain Copying 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Fourth, if not, can Trump circumvent the registration requirement by seeking a declaratory judgment, or will he have to comply with the registration requirement? If the work was published without proper copyright notice, the work entered the public domain. Third, is Trump’s claim of ownership barred by 17 U.S.C.

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Art Law Journal

JUNE 30, 2022

Although copyright registration is not required, there are several benefits to doing so. To see more on the benefits of copyright registration, see Stop, Thief! Your Copy-Rights. Trademark Registration. So even a phrase as original as “M&Ms melt in your mouth, not in your hands‚” does not have copyright protection.

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Intellectual Property Invention Intellectual Property Law Design Patent 67

IP and Legal Filings

SEPTEMBER 8, 2021

According to a report by Markets and Markets, the cryptocurrency market is expected to grow from USD 1.6 In a broad sense, blockchain technology can be defined as an open ledger of information that is used to keep a digital record of the transactions that occur in the crypto market. billion in 2021 to USD 2.2

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Intellectual Property Non-Fungible Tokens Copyfraud Contracts 66

SpicyIP

MARCH 27, 2023

Other posts IP Financing in India – Part I: Perfection of Security and (Non) Registration of Copyright Despite the increasing importance of intellectual property in the modern economy, there is a surprising lack of attention given to IP financing in India. Regarding the objection of the defendants that the documents related to Defendant No.

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LexBlog IP

APRIL 18, 2023

Many people were disappointed when the most-watched copyright case of the past 10 years, Oracle’s lawsuit against Google over Google’s copying Java application programming interface (API) code, failed to yield better guidance on the scope of copyright protection for computer programs. Of course, the Court did neither.

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Copyright Fair Use Copying Public Domain 52

IP and Legal Filings

JUNE 27, 2022

Just like trademarks, registration for them is not mandatory, but if it is registered the protection becomes airtight. To reproduce, store, issue copies to public, perform, communicate, and make translation or adaptation of the work. Their registration is for 10 years, extendable up to 5 years.

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Intellectual Property Moral Rights Designs Design 52

43(B)log

JUNE 24, 2022

RT: I would say lots of courts in © also try to reduce merger to meaning that you can do anything but copy verbatim, which is a narrowing that many courts in TM don’t bother with, though some variants of Rogers v. U’s registration for THE for clothing and other merchandise by putting THE on a hangtag. Registration v.

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Trademark Law Law Trademark Registration 75

Art Law Journal

JUNE 30, 2022

Although copyright registration is not required, there are several benefits to doing so. To see more on the benefits of copyright registration, see Stop, Thief! Your Copy-Rights. Trademark Registration. So even a phrase as original as “M&Ms melt in your mouth, not in your hands‚” does not have copyright protection.

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Intellectual Property IP Invention Designs 52

43(B)log

JUNE 24, 2022

But there is an assumption that registration = minimal distinctiveness unless validity is questioned. Which is the same as the problem of market definition, with which TM law has long grappled unsuccessfully and largely silently. Typically D argues that I’m using the term in mere advertising copy/not in a TM space.

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Trademark Law Law Trademark Fair Use 56

SpicyIP

MAY 15, 2023

Other Posts World of Possibilities: Single Judge Bench of Delhi High Court Allows Use of Celebrity Information Available in Public Domain Delhi High Court specifies some contours of publicity rights in India! Case: Holyland Marketing Pvt. Deadline for the Applications: 11:59pm IST, 23rd June, 2023.

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Trademark Registration Cease and Desist IP 104

IIPRD

MAY 4, 2023

To qualify as a patentable invention, the invention: must not be in the public domain or have been published or used previously; must not be obvious and must involve a technical advancement; and must be capable of being implemented commercially. More and more involve collecting data that is processed via algorithms “in the cloud”.

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Intellectual Property Invention Public Domain Patent 52

The IPKat

MARCH 7, 2022

Manual Trademark Manual of Examining Procedure (" TMEP ") has this to say in section 1208.08: The title, or a portion of a title, of a single creative work must be refused registration, unless the title has been used on a series of creative works. …. and is not associated in the public mind with the publisher, printer or bookseller.").

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Copyright Trademark IP Public Domain 96

SpicyIP

JANUARY 9, 2023

whereby the court held the mark to be in custody of the court and held the registration of the mark ‘Jawa’ in favor of Respondent no. Highlighting the court’s opinion that goodwill can exist in the mark independent of registration, she remarks that the duration of 26 years of non use of the mark could have reduced the goodwill in the mark.

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IIPRD

JANUARY 23, 2023

It further expanded its domain as a manufacturer by establishing a market for its self-made products such as kindle for e-book services, audiobook and ‘cloud computing’ web storage services. Patent are valid for the duration of 20 years before coming into public domain) Patent infringement can occur in two ways.

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Patent Infringement Patent Cease and Desist IP 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes.

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Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes.

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Technology Patent IP Invention 52

43(B)log

FEBRUARY 4, 2023

But socially valuable innovations can be difficult to marketize/commodify. Restrict derivative right to adaptations/forms of representations that change medium, not works in same primary market. Looking at post-1978, 9 th , 2d, and 6 th Cir (Motown) and SCt; copying and use without license. public domain.

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43(B)log

DECEMBER 20, 2022

The 2001 Documentary “sold 50,000 copies in two weeks and revolutionized the Baltimore dirt-bike culture,” inspiring a sequel and plans to make a third film. But the 2013 Documentary was not a market substitute, because it was transformative of a small portion of the 2001 Documentary. “[I]t The similarities in setting, theme, etc.

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Fair Use Trademark Copyright Editing 52

43(B)log

FEBRUARY 23, 2024

You can also see it in Tam & Brunetti—little interest in how TM works, the relationship b/t registration and enforcement, even though that’s central to the Lanham Act. Sears/Compco said there was a right to copy things in the public domain; how did that go away? This issue is not going to go away. We’ve lost that.

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Trademark Law Branding Brands 45

43(B)log

FEBRUARY 19, 2022

Gripers and Political Critics Cases involving criticism of ordinary commercial actors provide a fascinating contrast to both noncommercial speech sold in the market and to political and religious conflicts. Registration works like the last set of cases, indifferent to the commerciality of the registrant’s speech.

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