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. The functionalities and any new and unobvious structures created by 3-D printing technologies may be the subject of a utility or a design patent.

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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. This blog explores the ownership and authorship dilemma that arises at the intersection of AI-generated art and Thaler v.

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Ownership Copyright Law Copyright Law 52

Indiana Intellectual Property Law

APRIL 26, 2024

The lawsuit alleges that certain swimsuits marketed by FullBeauty Brands and affiliated entities bear a striking resemblance to designs owned by competitors. Global Trademarks, operating under the umbrella of Swim USA , claims ownership of swimwear designs and brands like MIRACLESUIT ® and SWIM SOLUTIONS ®. Continue reading

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The TTABlog

MAY 25, 2023

Applying the Morton-Norwich factors, and giving some weight to applicant's design patents, the Board concluded that the USPTO failed to make a prima facie case of functionality. There were no utility patents of record, nor any evidence showing that JBL touted any utilitarian advantages of this product design.

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Designs Design Design Patent Advertising 52

The IPKat

AUGUST 31, 2022

Here's what Marianna writes: Ownership of IP rights by DAOs – the future is nigh? Ownership of IP In a recent curious example, Spice DAO paid $3 million for an original 1975 copy of the Dune bible by Alejandro Jodorowsky. Such ownership sometimes arises “automatically” when a work has been created in the course of employment.

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IP Intelligence

APRIL 24, 2023

Combine that “mastermind/dominant” author doctrine with the run of cases discussing ownership of software outputs (i.e., Copyright Office (the Office) when it comes to copyright ownership of artificial intelligence (AI) output. the “lion’s share” cases), and we see that the notion of what an “author” even is is highly nuanced.

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LexBlog IP

MAY 18, 2022

2D designs and texts on a product or packaging may be protected as written, pictorial, photographic, and graphic works, or even works of fine art, depending on the nature of the design elements. The situation is much more complex for product designs and 3D packaging. copyright law. For comparison, U.S. Like in the U.S.,

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Designs Design Copyright Artistic Work 52

Patently-O

AUGUST 12, 2021

Aardvark , the patentee (BobCar) sued Aardvark for infringing its utility and design patents as well as its trade dress related to mobile showroom services. The patentee lost on a motion to dismiss with the district court holding that BobCar had not proven its ownership rights. No ownership => no standing to sue. .

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Technology & Marketing Law Blog

AUGUST 16, 2023

This paradigm, however, breaks down when copyright ownership is contested. In that circumstance, the takedown notice becomes a proxy battle for a larger and likely fact-dependent war over ownership, which the service in the middle isn’t in a good position to resolve. The hosting service honored the takedown notice.

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Ownership Cease and Desist Fair Use Copyright 62

Sander Law

AUGUST 24, 2020

Copyright Ownership with Independent Contractors. When hiring an independent contractor to design your logos, artwork and take photographs, it is important to think about who actually owns the copyright in the resulting work. Ownership of Copyright. Moral Rights. Contact Sander Law today!

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The TTABlog

DECEMBER 5, 2022

The Board sustained an opposition to registration of the mark DANA DESIGN in the form shown below, for backpacks, hiking equipment, tents, and related goods, on the ground that the mark comprises the name of a living individual, Dana Gleason, without his consent and is therefore barred from registration by Section 2(c) of the Trademark Act.

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The TTABlog

JUNE 28, 2022

Kretet also pointed to its ownership of a registration for a similar mark for non-medicated skin serums, but the Board was unimpressed. Krete pointed to the numeral "7" in the cited mark as a distinguishing element, but the Board found no evidence the consumers would view that design element as the number "7."

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Designs Design Registration Ownership 45

JD Supra Law

MARCH 13, 2024

The Owner and Architect of a Project may sometimes strongly disagree on who should or does own the designs, plans, and specifications that the Owner pays the Architect and its consultants to produce. The meaning of “ownership” is a core part of this argument.

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Ownership Intellectual Property Licensing Designs 62

JD Supra Law

JULY 21, 2022

The US Court of Appeals for the Fifth Circuit reversed a district court decision, reversing the dismissal of a copyright claim based on lack of standing and finding ownership of the copyright in the claimant based on an assignment of that claim.

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Designs Design Ownership Copyright 55

LexBlog IP

MARCH 28, 2022

Trade mark ownership is an important consideration for any business. Unfortunately however, while seemingly obvious, the concept of ownership is sometimes overlooked and can be more complex than originally imagined. Even font designs can attract specific intellectual property rights. At this point, it may be too late!

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Ownership Intellectual Property Content Creation Business 52

IP Law 360

MARCH 25, 2024

Counsel for a former record company employee who claims he created Nirvana's "smiley face" logo urged a California federal judge Monday to let him immediately appeal a ruling denying his ownership claim, and argued the band's copyright suit against designer Marc Jacobs over the logo should be delayed in the meanwhile.

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Ownership Designs Design Copyright 52

LexBlog IP

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. Understanding Mask Work. In particular, Section 1213.2

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IPilogue

JULY 15, 2021

Behind every costume is a designer whose vision and design breathes life into characters. But behind every designer, other figures may undercut and miscredit them. Disney’s Cruella , released in May 2021 , tells the story of two haute couture designers battling for recognition in the fashion industry.

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LexBlog IP

APRIL 24, 2023

Combine that “mastermind/dominant” author doctrine with the run of cases discussing ownership of software outputs (i.e., Copyright Office (the Office) when it comes to copyright ownership of artificial intelligence (AI) output. The Office has answered that question with a resounding “maybe.” Merkin , 791 F.3d

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Ownership Copyright Registration Public Domain 64

IPilogue

JANUARY 30, 2023

Famous for its easily-recognizable design of breathable and water-friendly clogs, Crocs was founded in 2002 in the US by three college friends who enjoyed sailing. Released on October 21, 2022, this case decision concerned the validity of the industrial design rights for Crocs’ MAMMOTH line of fleece clogs (“939 Design”).

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Intellectual Property Designs Design Design Patent 105

Technology & Marketing Law Blog

JANUARY 24, 2024

This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer. The court explains: They describe steps in the process of fashion design and capture much (if not all) of the creative output that Gutman might produce in her role as a designer.

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The TTABlog

MARCH 5, 2024

Once again, the existence of a patent established the functional benefits of the design: it "enables the user to secure the holster within the waistband, and the gun within the holster, with minimal bulkiness and weight and with maximum comfort." indicates that the design is not de jure functional.

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The IPKat

MAY 3, 2023

Designs Image by Alice Castro via Pexels Marcel Pemsel commented on the question how to prove disclosure on earlier designs, by considering that the most common way to establish disclosure is online evidence. May has just began and with it a new month of posts are incoming, but here’s what you missed from the IPKat last week!

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Ownership Designs Design Reporting 67

Olartemoure Blog

JANUARY 11, 2024

Tokenization refers to the process of creating digital tokens that represent ownership of an asset. The assets can be physical or digital, and tokenization allows for fractional ownership of assets, making it easier for investors to buy and sell them. Tokenization of IP assets has several benefits.

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IP Ownership Intellectual Property Licensing 104

IPilogue

MARCH 14, 2022

Therefore, Nike claims that the sale of the NFT of a Nike product constitutes a trademark infringement, trademark dilution, false designation of origin, and many other unauthorized use violations. When StockX sells these NFTs, the NFT is often a picture of the item made by another company— in Nike’s case, eight out of nine times.

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Non-Fungible Tokens Ownership Intellectual Property Intellectual Property Law 122

IP Law 360

JANUARY 18, 2024

A Pennsylvania federal judge has reduced an architectural firm's intellectual property lawsuit against Republic First Bancorp, reasoning that it didn't allege ownership over the products and designs at issue.

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Intellectual Property Ownership Trademark Designs 45

IPilogue

NOVEMBER 18, 2022

The termination of this seven-year partnership, most famously known for its development of the Yeezy sneakers, raises important questions about IP ownership when business collaborations collapse. This includes at least eight US design patents filed by Adidas in 2016 that claim the ornamental design of the Yeezy sneakers.

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Business Contracts Branding Brands 131

The IPKat

MAY 17, 2023

The Court held that in the absence of directly comparable source code in a software copyright infringement and misuse case, records of conversations, meetings, timelines, and e-mails can be used to show ownership of copyright, highlighting the importance of keeping a record of this information.

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Designs Design Copyright Infringement Copyright 67

43(B)log

AUGUST 11, 2022

A business code communicating within a community designed to be closed. Ownership should require a lower burden of proof: comes from the relationship between the spouses and not from the connection to the creation. Once it becomes a language, you’ve lost ability to control it. It didn’t develop organically. Merger is off the table. [So

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Ownership Moral Rights Copyright Branding 80

The IPKat

MARCH 14, 2024

The IPKat has received and is pleased to host the following guest contribution by Nkem Itanyi (University of Nigeria) on a recent dispute over copyright ownership of the movie, Shanty Town which premiered on Netflix in January 2023 and discussions over a sequel to the movie. They both signed off as the executive producers of the movie.

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LexBlog IP

DECEMBER 22, 2023

On December 15, 2023, the Cybersecurity & Infrastructure Security Agency (CISA) issued a Secure by Design Alert and guidance on “How Manufacturers Can Protect Customers by Eliminating Default Passwords.” Build organizational structure and leadership to achieve these goals.

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Ownership Designs Design Technology 52

JD Supra Law

JANUARY 10, 2023

If another company claims that it was the first to invent a piece of your intellectual property (IP), would you be ready to respond with the design notes, sketches, and troubleshooting discussions your team generated during development? By: Hanzo

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IP Intellectual Property Ownership Invention 52

IP Tech Blog

JANUARY 3, 2024

In a much anticipated judgment, the UK Supreme Court delivered on 20 December 2023 its ruling in the case of Thaler v Comptroller-General of Patents, Designs and Trade Marks ( Thaler (Appellant) v Comptroller-General of Patents, Designs and Trademarks (Respondent) – The Supreme Court ) on whether an artificial intelligence ( AI ) system can be named (..)

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The TTABlog

JUNE 27, 2023

The Board upheld a refusal to register the product configuration shown below, for pen and pencil holders, concluding that the design is de jure functional under Section 2(e)(5). Furthermore, Applicant’s overall design is dictated by the function it performs — holding a pen, pencil, or other cylindrical writing instrument."

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Designs Design Ownership Design Patent 52

IPilogue

JUNE 23, 2022

Retired Nicklaus now heads his golf course design and construction company, Nicklaus Designs. The IP rights and activities related to both Nicklaus as a person and his golf course design and construction activities made the deal worth more than $145 million.

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Contracts Designs Design IP 119

CopyrightsWorld

MARCH 1, 2021

Since you are reading this article you’re most likely either a designer working on brand identity and logos, or a business owner. A logo copyright protects a creative design or an expression of an idea, while a logo trademark protects things that identify a business on the marketplace. Trademark ®. One of the main reasons is the cost.

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Trademark Copyright Ownership Intellectual Property 98

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. It covers architectural design, software, graphic arts, motions pictures, sound recordings, and more, and it is adaptive to new technological advances that would likely apply to NFTs.

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IP Ownership Non-Fungible Tokens Copyright Law 109