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.

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IP and Legal Filings

JUNE 14, 2023

A trade name often is designated by the term “doing business as,” “trading as,” or “operating as” to make this distinction from the legal name. For a marketer, a brand is what represents the values of a company and aims to create awareness and trust. The majority of businesses are worth more than the whole of their physical assets.

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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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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. A magistrate judge recommended dismissing Tomelleri’s copyright claims. That only works if the users and vendors can tolerate that legal risk. The supervising judge agrees.

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Copyright Trademark Law Publishing Copyright Infringement 99

Biswajit Sarkar Copyright Blog

JULY 21, 2022

What is Industrial Design? Industrial design is the process of designing articles (products, devices and objects) to attract customers and improve their marketability. Individuals that make such designs are known as Industrial designers. What is Product Design? Electrical Product design.

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The IPKat

JANUARY 25, 2024

By decision of 24 January 2024 ( T-537/22 ), the General Court of the European Union (GC) confirmed the validity of the Registered Community Design (RCD) by Lego A/S (Lego) “Building blocks from a toy building set” by stating that an RCD is invalid only if all its features are excluded from protection. On 2 February 2010 Lego obtained RCD No.

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Designs Design Registration Intellectual Property 70

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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JD Supra Law

APRIL 21, 2023

Specifically, companies can use AI to generate marketing materials, social media posts, product design, and more. However, while AI-generated content offers numerous benefits, it also comes with potential copyright risks that companies should understand before using such content. By: Pierce Atwood LLP

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Social Media Copyright Designs Design 94

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?

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Biswajit Sarkar Copyright Blog

SEPTEMBER 18, 2023

A design is that aspect of a product that constitutes its ornamental or visual features. An Industrial Design (ID) may be deemed as a process of designing a product that focuses on the functionality and manufacturability of the product apart from just the appearance of it. HOW IS AI RESTRUCTURING THE INDUSTRIAL DESIGN MARKET?

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Designs Design Intellectual Property Law Artistic Work 52

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.

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Copyright Fair Use Copyright Law Settlement 81

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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Copyright Trademark Cease and Desist Copying 244

Patently-O

JULY 20, 2023

2023) The Timberland Boot trade dress case is pending before the Fourth Circuit, raising some interesting questions about the role of product trade dress vs design patents vs copyright vs utility patents. Timberland boots were first sold in the 1970s with a unique design that quickly resonated with consumers. Vidal (4th Cir.

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Designs Design Cease and Desist Design Patent 74

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.

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Copyright Fair Use Publishing Marketing 117

Patently-O

NOVEMBER 21, 2021

So much so that the post-1902 Act regional circuit design patent cases invalidating design patents on functionality grounds would come out oppositely under the Federal Circuit’s lax standards. In 2015, it sought copyright registration of this useful article as a sculptural work. This commentary presents some of our findings.

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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

Velocity of Content

FEBRUARY 8, 2023

CCC is proud to be participating as both a Bit Sponsor and as a panelist in the day 1 session Designing a Metadata Fitness Program. Register for NISO Plus 2023 here and add Designing a Metadata Fitness Program to your schedule here. Register for NISO Plus 2023 here and add Designing a Metadata Fitness Program to your schedule here.

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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

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. yet this relationship has received very little attention.

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Intellectual Property Designs Design Intellectual Property Law 73

The TTABlog

DECEMBER 1, 2023

The Board found petitioner's "fawn" design mark to be inherently distinctive. Evidence of third-party use of "deer" design marks, albeit without sales data, was "sufficient to show that a deer design has been adopted and used as a trademark for rice to a nontrivial extent." Text Copyright John L. Cancellation No.

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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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The TTABlog

JANUARY 17, 2024

California claimed that its ring design mark is commercially strong, but its evidence did not relate solely to the ring mark. There is no way to determine the extent to which, or even if, consumers of banking services associate the Ring Design alone with Petitioner." It included evidence regarding use of that mark with the bank name.

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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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Technology & Marketing Law Blog

OCTOBER 24, 2023

SMS has copyright registrations in photos of its pump dispensers. The court says that SMS’s photos clear the very low copyrightability threshold. I understand that copyright owners deserve protection for their works. FragranceX The post Copyright Lawsuits Over Product Shots Are Still Stupid–SMS v.

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Copyright Blogging Registration Designs 79

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.

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Copyright Art Copyright Infringement Intellectual Property 70

Technology & Marketing Law Blog

OCTOBER 25, 2023

” Market Effect. The litigants are in different markets. ” The court doesn’t address the potential licensing market for the tattoo design. Implications This case generally sidesteps the interesting issues involving tattoos and copyrights, but the ruling does have tattoo-specific elements.

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Blogging Copyright Fair Use Copyright Infringement 82

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!

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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.

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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 80

TorrentFreak

NOVEMBER 19, 2023

StreamSafely: How it All Began The people who came up with the StreamSafely campaign and still run it today are collectively known as Ctam Cable Marketing Association Inc. , As the current member list shows, cable marketing has considerable scope. From: TF , for the latest news on copyright battles, piracy and more.

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Marketing Marketing Privacy Intellectual Property 101

More Than Your Mark

AUGUST 20, 2021

At its core, 3-D printing uses computer code in a computer-aided design (CAD) file to instruct specially designed printers to print three-dimensional physical objects one layer at a time. If you have invented a 3-D printed product or have a new printing process, remember to consult an intellectual property lawyer before marketing it.

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The IPKat

OCTOBER 30, 2023

In the light of the foregoing, (…) a portrait photograph can (…) be protected by copyright if, which it is for the national court to determine in each case, such photograph is an intellectual creation of the author reflecting his personality and expressing his free and creative choices in the production of that photograph.

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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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Velocity of Content

MARCH 14, 2023

Your employees and copyright awareness – sharing your policy may not be enough. shows that companies are discussing their copyright policies more frequently, leading to 74% of employees reporting awareness of those policies. Do Your Employees Understand Your Company’s Copyright Policies?

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Copyright Reporting Publishing Journalism 98

Biswajit Sarkar Copyright Blog

AUGUST 11, 2022

What are designs? Designs are the visual features of objects, something that is solely perceived by the eye. In India, Designs are protected under the Designs Act, 2000. Why register a design? The cognitive efforts and the creativity involved in making a design have some value in the eyes of the law.

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Designs Design Registration Marketing 52

Biswajit Sarkar Copyright Blog

JULY 20, 2022

Industrial Design (ID) is the professional practice of designing products, devices and services which are used by people around the world. In this blog, we will answer what it takes and how to become an industrial designer. Duties and responsibilities of an Industrial designer. How can I become an industrial designer?

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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.

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Copyright Artistic Work Designs Design 67