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

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 73

Designs Design Art Trademark Law 73

Velocity of Content

OCTOBER 19, 2023

On this day in 1976, President Gerald Ford signed the “new” US Copyright Act. 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.

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Copyright Fair Use Copyright Law Copyright Notice 116

Kluwer Copyright Blog

MAY 1, 2024

Source: European Copyright Society This blog post contains an edited version of the European Copyright Society’s Opinion on Case C-227/23, Kwantum Nederland and Kwantum België. The Berne Convention underscores the national treatment of foreign authors, allowing Union states to protect designs through various means.

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Copyright Art Designs Design 67

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. How Do Different Departments Use the Annual Copyright License?

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. A magistrate judge recommended dismissing Tomelleri’s copyright claims.

Copyright 99

Copyright Trademark Law Publishing Copyright Infringement 99

TorrentFreak

DECEMBER 22, 2023

Publishers Hachette, HarperCollins, John Wiley, and Penguin Random House filed a lawsuit, equating IA’s controlled digital lending (CDL) operation to copyright infringement. Earlier this year a New York Federal court concluded that the library is indeed liable for copyright infringement.

Copyright 117

Copyright Fair Use Publishing Marketing 117

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

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. The other two chapters turn to the conceptualisation of nature in patent law.

Intellectual Property 73

Intellectual Property Designs Design Intellectual Property Law 73

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

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

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

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

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. This commentary presents some of our findings.

Designs 74

Designs Design Copyright Design Patent 74

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 109

Blogging Contracts Fair Use Copyright Law 109

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

Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). 11 and 13 EUCFR , 19 UDHR , 27.1 UDHR, and 15.1

Copyright 124

Copyright Art Copyright Law Licensing 124

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

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.

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Designs Design Copyright Design Patent 57

SpicyIP

NOVEMBER 26, 2022

We’re pleased to bring you a guest post by Kartik Sharma and Aditya Singh, analysing copyrightability of datasets in light of the recent controversy surrounding NSE’s issuance of C&D notices to many stock gaming apps. Copyrighting The Uncopyrightable – The NSE Saga. Kartik Sharma and Aditya Singh. MODICUM OF CREATIVITY.

Copyright 105

Copyright Cease and Desist Copyright Law Copying 105

The IPKat

MAY 8, 2022

The IPKat is pleased to host the contribution below by Katfriend Hanne Kirk (Gorrissen Federspiel) on a recent Danish decision concerning copyright protection of works of applied art. The dispute concerned a plant box created by the Danish design company ferm Living and sold in various colours. Wolly & Co.

Designs 67

Designs Design Art Marketing 67

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

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.” 3: Shelby Trust Prevails in Mustang Eleanor Copyright Lawsuit. million files.

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Music Licensing Reporting Plagiarism 182

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 96

Public Domain Technology Copyright Law Blogging 96

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

Technology & Marketing Law Blog

JANUARY 3, 2023

” However, Wallshoppe does not allege Defendant knew of the specific acts of infringement at issue here—Sienna Lewis selling products featuring the Palm Design on Defendant’s website. Jury awards nearly $50M in damages against Internet access provider for user-caused copyright infringement. Wallster, Inc. Redbubble, Inc.,

Copyright 92

Copyright Social Media Copyright Infringement Publishing 92

IP and Legal Filings

JULY 13, 2022

The recent controversy involving French fashion house Jean Paul Gaultier and TaTa Top, known for their rather distinct bikini prints, has brought the issue of fashion copyright to the forefront again. Fashion Copyright. Till now, this article has focused on the ambit of copyright protection in a relatively generic manner.

Copyright 65

Copyright Artistic Work Designs Design 65

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

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

The IPKat

MARCH 22, 2024

The IPKat is pleased to host the following guest post by Katfriend Caroline Theunis (Bar of the Province of Antwerp) on the copyright troubles of music superstar and copyright-savvy artist Taylor Swift. Taylor however retained the copyrights over the compositions she created, enabling her to (re-)publish the music independently.

Moral Rights 70

Moral Rights Copyright Music Art 70

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

LexBlog IP

DECEMBER 20, 2023

In a decision issued [1] November 27, 2023, a Chinese court ruled that AI-generated content can enjoy protection under copyright law. copyright law and may have far-reaching implications. The plaintiff sued for copyright infringement in May 2023. Background of Case The plaintiff used a U.S.-based

Copyright 52

Copyright Copyright Law Intellectual Property Plagiarism 52

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

The IPKat

SEPTEMBER 3, 2022

This is a book review of ‘ Copyright, Creativity, Big Media and Cultural Value: Incorporating the Author ’, by Professor Kathy Bowrey , UNSW, Sydney. It seeks to address questions of how copyright generates income and how distributions of profits are allocated in the publishing, film and music industries.

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Copyright Music Intellectual Property Marketing 95

Kluwer Copyright Blog

JANUARY 26, 2023

Image by Pexels from Pixabay Introduction: Brazilian Copyright Framework and the existing L&Es Brazil has signed most Intellectual Property (IP) law Treaties, but notably it has not adhered to the WIPO Copyright or the WIPO Phonogram and Performance Treaties.

Copyright 56

Copyright Intellectual Property IP Copyright Law 56

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.

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Intellectual Property Designs Design Copyright 116