Kluwer Copyright Blog

APRIL 2, 2024

The Second Defendant is responsible for the use of the rights to this film in the Austrian video market. The object of copyright protection is not the thought (idea) underlying the work as such, but only the personal physical shaping of the idea. The First Defendant distributes the film “Yesterday” to Austrian cinemas.

Copyright Law 56

Copyright Law Copyright Law Cinema 56

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

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

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

The IPKat

JANUARY 23, 2024

Regulation, Innovation and Competition in Pharmaceutical Markets, by Margherita Colangelo. 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. •

Intellectual Property 133

Intellectual Property Intellectual Property Law Moral Rights Editing 133

Olartemoure Blog

MAY 7, 2024

In the competitive market, protecting the packaging design of products is highly important. How can I protect designs with copyrights? How can I protect designs with patents? Design patents guard your innovations against imitation for up to 15 years depending on the jurisdiction of protection.

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IP Intellectual Property Design Patent Designs 105

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.

Designs 67

Designs Design Art Marketing 67

Technology & Marketing Law Blog

APRIL 23, 2024

Technological innovation flourishes only within a thoughtfully designed legal infrastructure, and my talk explains why pro-regulation advocates are likely to overshoot their mark (unless they intend to kill Generative AI outright, which may be the agenda of some).

Public Domain 97

Public Domain Technology Copyright Law Blogging 97

The IPKat

OCTOBER 1, 2022

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.” copyright law. copyright law.

Copying 97

Copying IP Copyright Law Designs 97

Trademark and Copyright Law Blog

JUNE 23, 2021

Because companies heavily invest in creating unique product designs and packaging that encourage brand association, business owners should also consider protecting those investments as intellectual property. Pitfalls to avoid when seeking IP protection for product configurations and in marketing your products.

Designs 40

Designs Design Intellectual Property IP 40

Patently-O

NOVEMBER 21, 2021

Mennell, Koret Professor of Law; Director, Berkeley Center for Law & Technology; Faculty Director, Berkeley Judicial Institute; University of California at Berkeley School of Law, and Ella Corren, University of California at Berkeley School of Law, J.S.D.

Designs 73

Designs Design Copyright Design Patent 73

Velocity of Content

OCTOBER 19, 2023

The culmination of a decades-long effort, and well before the Digital Millennium Copyright Act and Copyright Term Extension Act were passed in 1998, the 1976 Copyright Act ushered in a new era of copyright law in the United States. Nation Enterprises.

Copyright 116

Copyright Fair Use Copyright Law Copyright Notice 116

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. In the realm of tattoo artistry, the tango between creativity and copyright law is a delicate affair, riddled with complexities and nuances.

Copyright 79

Copyright Fair Use Copyright Law Settlement 79

Plagiarism Today

DECEMBER 12, 2022

Next up today, Ernesto Van der Sar at Torrentfreak writes that the European Commission has released its latest Counterfeit and Piracy Watch List , and it adds the names of Mega, FMovies and DDos-Guard to its list of “notorious markets.” Finally today, Brett Foote at Ford Authority reports that a U.S.

Music 186

Music Licensing Reporting Plagiarism 186

Technology & Marketing Law Blog

MAY 17, 2024

But it won on a different and, in many respects, much broader legal theory: conflict preemption with copyright law. A Brief Recap on Contract Preemption To appreciate the significance of this opinion, let’s revisit the law of copyright preemption. The Copyright Act includes an express preemption clause, 17 U.S.C. §

Blogging 101

Blogging Contracts Fair Use Copyright Law 101

The IPKat

DECEMBER 11, 2023

This Kat’s attention has recently been drawn to a Kat-focused ruling: that of design and copyright protection of a cat litter tray. Resolved by the first instance Community design court in Brussels, this case tackled issues such as forum shopping and cumulation of rights in a work of applied art (case A/22/02872 ).

Art 70

Art Designs Design Copyright 70

IP Tech Blog

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

Designs 57

Designs Design Copyright Design Patent 57

Kluwer Copyright Blog

MAY 1, 2024

The Berne Convention underscores the national treatment of foreign authors, allowing Union states to protect designs through various means. Article 2(7) introduces a material reciprocity test, limiting copyright protection for works of applied art not protected in their country of origin.

Copyright 67

Copyright Art Designs Design 67

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.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

Trademark and Copyright Law Blog

FEBRUARY 9, 2024

This season, celebrities Taylor Swift, Simone Biles, and others have worn unique designs based on NFL jerseys and related team-branded gear. These upcycled garments were created by Kristin Juszczyk, the wife of San Francisco 49ers fullback Kyle Juzczyk and an up-and-coming designer in her own right. Other brand owners should take note.

Social Media 64

Social Media Licensing Branding Brands 64

Plagiarism Today

FEBRUARY 10, 2022

This market has been described repeatedly as a scam. His name alone means that his work commands high dollar amounts on the market, and those that have invested in him have every incentive to make sure it stays that way: Plagiarism or not. In the case of the art market, those two entities are largely the same. Bottom Line.

Plagiarism 276

Plagiarism Art Marketing Marketing 276

Kashishipr

AUGUST 25, 2021

As we know, limited edition goods come into the market only for a short period, are marketed by the brand upon the launch, and the logos are hardly ever put into use by the proprietor because they have already been sold. Even in other jurisdictions, design rights last only for a limited term and cannot be renewed.

Editing 105

Editing Law IP Designs 105

Garrigues Blog

APRIL 16, 2024

The Supreme Court has delivered a judgment that bolsters copyright protection for works of applied art under criminal law: It sets an important precedent in Spain in distinguishing design as an art that deserves protection under both criminal as well as civil law.

Art 59

Art Artistic Work Law Designs 59

IPilogue

NOVEMBER 10, 2021

DBrand , a Canadian accessories company notorious for its tongue-in-cheek marketing, taunted Sony earlier this year after launching an unofficial Sony PlayStation 5 (“PS5”) product. DBrand is apparently aware of Sony’s efforts to suppress these custom products, as they marketed their Darkplates with the tagline “Go ahead, sue us.” .

Cease and Desist 112

Cease and Desist Marketing Marketing Intellectual Property 112

TorrentFreak

DECEMBER 22, 2023

“Because these publishers have such concentrated market power […], authors that want to reach wide audiences rarely have the negotiating power to retain sufficient control from publishers to independently authorize public access like that at issue here,” the Alliance adds. Thus, CDL should be upheld under fair use.

Copyright 118

Copyright Fair Use Publishing Marketing 118

LexBlog IP

OCTOBER 10, 2023

Eliezer How to Legally Protect your Board Game with Intellectual Property Law Table of Contents: Copyright Law Design Patents Trademarks and Trade Dress Utility Patents Limitations of Protection Say there is a game that’s been around. If You’re Making Your Own Board Game, How Do You Protect Your Idea?

Design Patent 52

Design Patent Intellectual Property Designs Design 52

LexBlog IP

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

Designs 52

Designs Design Copyright Intellectual Property 52

The IPKat

MARCH 16, 2024

A prototype and the stool were registered as designs on 5 November 1968 and 8 September 1983. In May 2015, Stamp realised that La Foir'fouille was marketing a stool model resembling the Stamp stool. Stamp sued La Foir'fouille and FF Digitale for copyright infringement before the Tribunal de Grande Instance of Lyon.

Copyright 70

Copyright Art Copyright Infringement Intellectual Property 70

Velocity of Content

DECEMBER 14, 2023

Fast-paced organizations that rely on and invest heavily in R&D should not only regard published content as the heart of innovation, but also possess a deep appreciation of the system of copyright protecting this intellectual property. Success is dependent on collaboration, networking, and sharing information.

Licensing 98

Licensing Copyright Publishing Journalism 98

Technology & Marketing Law Blog

MARCH 6, 2024

Any surviving services may need to be structured as marketing agencies that push all of the legal risk to the users and third-party vendors. If not, the print-on-demand industry may not be commercially viable under prevailing law. While Sunfrog won this battle, it lost the war because it’s exited the market.

Copyright 100

Copyright Trademark Law Publishing Copyright Infringement 100

IPilogue

OCTOBER 28, 2021

Copyright Creeping into Costumes. In general, any clothing, including costumes, is not protected by copyright laws. In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

LexBlog IP

FEBRUARY 26, 2024

Copycats: unregistered designs, unfair competition and copyright Better register first than be sorry later. In general it is a good idea to register fashion products which have a reasonable expectation of commercial success as designs or, where possible, as shape-trademarks before they appear on the catwalk.

IP 52

IP Designs Design Copying 52

IIPRD

MAY 9, 2024

Hence, the concept of cross licensing agreement has originated with the intent to help various organizations in sharing patent licenses along with their rights and liabilities leading to their easier access to masses and reduction of monopolistic market tendencies. Cross-licensing agreements can both restrain and advance competition.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Licensing Law 59

The IPKat

MARCH 10, 2022

The IPKat's favourite Le Pliage When you have a handbag design bestseller with over 54 million copies sold around the world since its creation in 1993, the question concerning the IP rights vesting in it is not just an academic one. All this was at the centre of a recent decision of the Milan Court of First Instance ( decision 10280/2021 ).

IP 87

IP Designs Design Registration 87

LexBlog IP

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.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Technology & Marketing Law Blog

MARCH 12, 2023

” “the surrounding context—that the reviews and complaints were posted in a public forum whose existence is designed to give outlet to consumers who, rightly or wrongly, feel mistreated by particular businesses—suggests to the reader that such statements are not intended to be recitations of fact.”

Business 102

Business Copyright Law Blogging Law 102

The IPKat

APRIL 30, 2024

Should the EU unify copyright laws? The session started with the highly disputed topic of copyright unification with Prof. see Katpost here ) When finally addressing the question, "Should the EU unify copyright laws?" the PermaKat stated loud and clear, and I quote: “The short answer is: yes!

Reporting 62

Reporting Copyright Public Domain Law 62