IP and Legal Filings

MAY 18, 2023

Introduction The Plaintiff asserted that its hipster whiskey bottle design, which was inspired by the shape of a smartphone and intended to fit into a hip pocket, was novel due to its rectangular shape, smooth rounded shoulders, V-shaped neck, rimmed rounded cap, and dimpled bottom.

Designs 77

Designs Design Art Trademark Law 77

Kluwer Copyright Blog

APRIL 12, 2023

This post is based in part on the Position Statement of the Max Planck Institute for Innovation and Competition of 23 January 2023 on the ‘Design Package’, but expresses the authors’ own personal views. Third, the (now even more pronounced) detachment of design and product and what this means for a theoretical approach to cumulation.

Designs 52

Designs Design Copyright Copyright Law 52

Intellectual Property Law Blog

JANUARY 11, 2023

In analogizing semiconductor chips to traditional areas of copyright law, the legislative history notes that, just as a plagiarist who copies only one chapter of a book may be held liable for infringement, a person may be liable for copying a part of a mask work if it is a qualitatively important portion that results in substantial similarity.

Designs 246

Designs Design Copying Copyright Law 246

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.

Copyright Law 75

Copyright Law Law Copyright Copying 75

Kluwer Copyright Blog

JANUARY 5, 2022

This post is based on the chapter “Audiovisual Coverage of Sports Events and Copyright Law: Originality in the Details?” Bernt Hugenholtz, Kluwer Law International, 2021. These additional creative elements can be protected by copyright law, provided they meet the EU originality standard.

Copyright Law 120

Copyright Law Copyright Law Graphic Design 120

Kluwer Copyright Blog

MARCH 11, 2024

Although the lower courts are still bound by the decisions of the higher courts and their precedents set in light of EU law, they may refer the points of law to certain higher courts under section 6A. REULA’s influence on copyright law Although EU law had a strong influence on the UK copyright law, the two were never properly aligned.

Copyright Law 60

Copyright Law Law Copyright Intellectual Property Law 60

The IPKat

OCTOBER 30, 2023

In fact, and much to the contrary, it has been established national law and practice – prior and after ‘Cofemel’ – that the scope of protection correlates with the level of originality which, in return, corresponds with the degree of departure from the existing design corpus (i.e.,

Copyright Law 78

Copyright Law Copyright Law Marketing 78

Kluwer Copyright Blog

FEBRUARY 8, 2024

This choice may be influenced by the design of the product, the cost of repair or available repairers. One of these measures is the proposal to amend the Design Directive by including a specific repair clause for design protection. Design rights provide protection to the appearance of a (part of a) product.

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Designs Design IP Art 73

IP and Legal Filings

MARCH 30, 2024

The integration of technology within the domain of art design has provided artists with unprecedented possibilities to conceptualise and implement interactive and immersive experiences. AI vis-à-vis Indian Copyright Law For a work to be accorded copyright protection, there are two fundamental criteria to be met.

Ownership 52

Ownership Copyright Law Copyright Law 52

Intellectual Property Law Blog

JANUARY 11, 2023

Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. Under the SCPA, a mask work is a series of related images that forms a design or part of a design used to produce an integrated circuit. source code) under copyright law.

Registration 189

Registration Designs Design Copying 189

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. 17 U.S.C.A. § Brooktree Corp. 2d 1555, 1564 (C.A.

Designs 130

Designs Design Copying Copyright Law 130

TorrentFreak

DECEMBER 14, 2021

Importantly, however, none of this is illegal in the UK so, in what appears to be an overreaction with significant potential for overreach, lawmakers want changes to copyright law to retip the balance of power. Even then, anyone with a camera can record an event, without breaking copyright law.

Copyright Law 108

Copyright Law Copyright Law Television 108

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.

Copyright Law 106

Copyright Law Copyright Law Artwork 106

LexBlog IP

MARCH 5, 2024

A new federal bill aims to put golf courses on “par” with other architectural designs by expanding federal copyright protection to golf courses. Copyright law in the United States, rooted in the U.S. However, these designs are not expressly covered under the Copyright Act. § 102(a)).

Designs 52

Designs Design Copyright Intellectual Property 52

Kluwer Copyright Blog

FEBRUARY 28, 2024

Photo by Emily Wang on Unsplash The UK’s attempt to deal with generative AI, training data and copyright law has taken yet another turn. Copyright law has always been an emotional topic. To repeat, copyright law is an emotional topic. Fuelled by AI concerns, it becomes borderline explosive.

Copyright Law 60

Copyright Law Copyright Law Music 60

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.

Copyright Law 56

Copyright Law Copyright Law Cinema 56

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. Under the SCPA, a mask work is a series of related images that forms a design or part of a design used to produce an integrated circuit. In particular, Section 1213.2

Registration 130

Registration Designs Design Copying 130

Patently-O

APRIL 27, 2022

Last week, at Design Day 2022, the USPTO announced that it had completed its summary of those comments. In the request for comments, the USPTO floated the idea of issuing design patents for what they are now calling “designs for projections, holograms, and virtual and augmented reality (PHVAR).” But projected designs aren’t new.

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Design Patent Designs Design Patent 69

Michael Geist

SEPTEMBER 23, 2022

Today’s post raises an unlikely issue given that Bill C-18 is the responsibility of Canadian Heritage Minister Pablo Rodriguez, who also has part responsibility for copyright law in Canada. In fact, just this summer it ruled : Copyright law does not exist solely for the benefit of authors: York University v.

Copyright Law 90

Copyright Law Copyright Law Government 90

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.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

The IPKat

DECEMBER 23, 2023

As a plant intellectual property nerd , this Kat was delighted to get her hands on the new book Intellectual Property and the Design of Nature (Oxford University Press, 2023), edited by Jose Bellido and Brad Sherman. This Kat was particularly interested in the chapter by Daniel Kevles entitled 'Novelties, Frauds, and Protections'.

Intellectual Property 73

Intellectual Property Designs Design Intellectual Property Law 73

Traverse Legal Blog

OCTOBER 20, 2022

Manuscripts, designs and art can all be classified as intellectual property. Non- fungible tokens have been designed to give a person ownership of something, kind of like modern day digital collectibles. Registering for copyright protection is voluntary buty necessary if you wish to file copyright infringement litigation.

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

JD Supra Law

MAY 9, 2024

Tattoos and copyright law have once again crossed paths, as an Ohio jury recently concluded that the creators of the NBA 2K series had an implied license to use an artist’s designs that he tattooed on LeBron James. By: Dorsey & Whitney LLP

Publishing 63

Publishing Copyright Copyright Law Designs 63

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 design rights. Design Rights.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

Likelihood of Confusion

JANUARY 4, 2024

The remaining issues in the case, you may recall, were copyright infringement and Arizona unfair competition. The post Designer Skin v. Here is the status per this morning’s minute entry in the court’s electronic case. S&L Vitamins trial update appeared first on LIKELIHOOD OF CONFUSION™.

Designs 52

Designs Design Copyright Infringement Copyright 52

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”.

Copyright Law 105

Copyright Law Copyright Law Cease and Desist 105

IP and Legal Filings

SEPTEMBER 29, 2022

Under the Copyright laws , the dichotomy between idea and expressions exists, such that safeguard has been given to expressions under Copyright, but the same is not available for ideas. The Court in several cases have held that it is not the creator’s idea but the expression of that idea which is copyrightable.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

IP and Legal Filings

OCTOBER 4, 2022

Under the Copyright laws , the dichotomy between idea and expressions exists, such that safeguard has been given to expressions under Copyright, but the same is not available for ideas. The Court in several cases have held that it is not the creator’s idea but the expression of that idea which is copyrightable.

Copyright Law 52

Copyright Law Copyright Law Fair Use 52

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.

Designs 52

Designs Design Copyright Artistic Work 52

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.

Designs 52

Designs Design Copyright Artistic Work 52

JD Supra Law

APRIL 1, 2024

the BIRDIE Act), which proposes amending the definition of “architectural works” under US copyright law to include golf course designs. By: AEON Law Congressmen Brian Fitzpatrick (R-PA) and Jimmy Panetta (D-CA) have introduced the Bolstering Intellectual Rights against Digital Infringement Enhancement (a.k.a.

Copyright Law 74

Copyright Law IP Designs Design 74

The IPKat

JANUARY 23, 2024

And the winner is: The Proportionality Test in European Patent Law (Bloomsbury) by Léon Dijkman Best Copyright Law Book The nominations were: • Copyright and the Court of Justice of the European Union (2nd edition), by Elenora Rosati. • Copyright: Music Borrowing and Copyright Law, by Enrico Bonadio and Chen Zhu. •

Intellectual Property 133

Intellectual Property Intellectual Property Law Moral Rights Editing 133

LexBlog IP

MAY 18, 2022

” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law. ” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law.

Designs 52

Designs Design Copyright Artistic Work 52

JD Supra Law

JANUARY 12, 2023

Mask Work Infringement - In analogizing semiconductor chips to traditional areas of copyright law, the legislative history notes that, just as a plagiarist who copies only one chapter of a book may be held liable for infringement, a person may be liable for copying a part of a mask work if it is a qualitatively important portion that results in substantial (..)

Copying 98

Copying Designs Design Copyright Law 98

LexBlog IP

DECEMBER 18, 2023

In response to public comments submitted in response to its request thereof regarding the “article of manufacture” requirement for design patent eligibility appearing in Title 35, United States Code, Section 171 , and as explained in our previous post , the U.S. a)(I) ] but provides important clarifications.” ” 80 Fed.

Designs 40

Designs Design Design Patent Artistic Work 40

The IPKat

MAY 8, 2022

Here's what Hanne writes: Second time is a charm: Danish design company wins plant box war by Hanne Kirk On 22 April 2022, the Danish Eastern High Court handed down its decision in yet another dispute concerning applied art and the question of originality and infringement under copyright law. Wolly & Co.

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Designs Design Art Marketing 67

JD Supra Law

MAY 19, 2022

8) computer. 8) computer. By: Quarles & Brady LLP

Designs 52

Designs Design Copyright Artwork 52