LexBlog IP

FEBRUARY 17, 2022

In the Complaint, Nike alleges that StockX has infringed nine of its sneaker designs to create a line of NFTs that are part of its collection that StockX has branded the “Vault.” It seems quite strange that the seller of an asset would maintain a right to simply revoke the buyer’s ownership.

Ownership 52

Ownership Intellectual Property Branding Brands 52

The IPKat

MAY 5, 2023

According to the Trademarks, Patents and Designs Registry , one would receive an acknowledgement of filing of an application immediately upon making/filing an application for trade mark registration. While an actor’s performance can elevate the popularity and thus, market value of a movie title or character title, that does (should?)

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Registration Ownership Copyright Trademark 121

IIPRD

NOVEMBER 22, 2023

Influencing others via social media is one of the most influential and efficient method of marketing and they get good pay out from it. Trademarks are a type of intellectual property that is utilized to recognize, separate, and designate the source of a seller’s products and offerings from those of another.

Social Media 59

Social Media IP Intellectual Property Copying 59

SpicyIP

FEBRUARY 12, 2024

After an eventful week, here is our recap of its top IP developments. Case Summaries Gujarat Cooperative Milk Marketing v. The Respondent operates his business through two incorporated entities and claims ownership of the trademark via the permitted use by the two incorporated entities.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

Copyright Lately

SEPTEMBER 26, 2022

After over four years of litigation and five COVID-related continuances, it’s finally time for the main event. As the parties wait in their respective corners for the opening bell to ring, here’s what you need to know: Alexander Has Already Established Ownership and Copying. Skull arm design. Bible verse design.

Fair Use 86

Fair Use Licensing Ownership Copying 86

Intepat

JUNE 15, 2023

Introduction With the rise of the mobile application industry, India emerges as a highly profitable market, witnessing over twenty-eight billion downloads in 2022, accounting for 5% of the total global downloads. To enjoy these sets of rights the determination of authorship and ownership of the intellectual property is vital.

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

LexBlog IP

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5]

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

IP and Legal Filings

FEBRUARY 7, 2023

Virtual characters can play themed games, create original artwork, visit exhibition locations, shop for virtual clothing for their collections or gaming outfits, and partake in social events after arriving in “Gucci Town.” The general public could view the collection’s three-dimensional designs by scanning a QR code.

Trademark 83

Trademark Non-Fungible Tokens Branding Brands 83

The IPKat

JANUARY 2, 2022

The analysis also referred to a pending case before the CJEU dealing with Community design law ( EUIPO v The KaiKai Company Jaeger Wichmann | C-382/21-P) and other EU trade mark cases from 2021. The author presents a case pending before the Supreme Court Patent that addresses this question ( Olaf Sööt Design, LLC v. Daktronics, Inc.,

Blogging 126

Blogging IP Non-Fungible Tokens Cease and Desist 126

Above the Fold

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5]

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

SpicyIP

MAY 18, 2022

Since this is a nascent market, the earlier a name is registered and the more effort trademark holders put into educating the public about selection, endorsement and sponsorship functions (e.g. If not for these efforts, the virtual goods market has the potential to be very competitive. Dec 15, 2021.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

Technology & Marketing Law Blog

MARCH 6, 2022

Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. Babybus appeared first on Technology & Marketing Law Blog. MGA Entertainment.

Fair Use 97

Fair Use Cease and Desist Copying Copyright Infringement 97

Corsearch

NOVEMBER 15, 2022

In October 2021 this event came to pass; the very first Tweet posted by Twitter co-founder Jack Dorsey was ‘minted’ (created) as an NFT and sold for a staggering $2.9 They can be designed and minted in-house or, increasingly, by licensees. What is an NFT?

Branding 52

Branding Brands Branding Non-Fungible Tokens 52

Garrigues Blog

OCTOBER 26, 2022

In this race to explore new markets, infringing conducts have also taken place as a result of the unauthorized uses of famous brands to create NFTs. District Court for the Southern District of New York for designing, minting and offering handbags inspired by Hermès’ famous Birkin handbag, under the name “MetaBirkins”.

Non-Fungible Tokens 52

Non-Fungible Tokens Trademark Intellectual Property Art 52

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

JANUARY 18, 2022

This seems wrong to me—like holding a skateboard nonfunctional because you can also use roller skates if you want personal wheels, or the Dippin’ Dots ice cream configuration nonfunctional because one can eat regular ice cream instead—but does provide a nice illustration of the importance of market definition to functionality determinations.

Registration 45

Registration Ownership Social Media Marketing 45

IP and Legal Filings

NOVEMBER 30, 2022

In the event of a default by the borrower, the lender may be able to recoup part of its losses by seizing and selling these assets. More and more loans are being supported by certain intellectual property assets, such as copyrights, designs, and patents, or revenue streams connected to these assets. Image Source: Istock].

IP 52

IP Intellectual Property Business Government 52

IP and Legal Filings

SEPTEMBER 12, 2022

Not granting copyright ownership would severely impact their operations, as any person could easily copy or use their creations, without incurring any liability. However, while the importance of protecting such works is evident, in the event of granting them protection, who must be considered the author of the work? The fact that A.I.

Copyright 52

Copyright Copyright Law Artistic Work Designs 52

SpicyIP

SEPTEMBER 15, 2021

Since the commercialization of sporting events, the paradigm of fan-following has shifted towards individual players, instead of clubs or countries, which can be seen throughout the realm of different sports. Trends of player-oriented fan following – A propellor in warranting copyright protection . Concluding Remarks.

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Copyright Marketing Marketing IP 126

LexBlog IP

JANUARY 25, 2024

—an online party, greeting card, and event planning service—sued defendant AJ Press, LLC for trademark infringement and unfair competition arising from its offering of Punchbowl News, a subscription-based online news service that provides articles and podcasts about American politics. [3]

Trademark 40

Trademark Designs Design Branding 40

LexBlog IP

JANUARY 22, 2022

It also becomes more difficult to prove trademark ownership in the absence of a registration, and the burden of establishing this is shifted to the trademark owner. Further to the above, the absence of a registration prevents companies from leveraging on trademark ownership, through licensing and other means of IP monetisation in Nigeria.

Trademark 52

Trademark Registration Branding Brands 52

LexBlog IP

JANUARY 22, 2022

It also becomes more difficult to prove trademark ownership in the absence of a registration, and the burden of establishing this is shifted to the trademark owner. Further to the above, the absence of a registration prevents companies from leveraging on trademark ownership, through licensing and other means of IP monetisation in Nigeria.

Trademark 52

Trademark Registration Branding Brands 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Third, is Trump’s claim of ownership barred by 17 U.S.C. There is no defined segregation, either by design or by implication of any of plaintiff’s expressions of his thoughts and opinions on the subjects discussed which would aid in identifying plaintiff’s purported copyrighted material.

Copyright 120

Copyright Blogging Publishing Fair Use 120

TorrentFreak

OCTOBER 4, 2022

As the archive copy of the Beyond Boundaries website on the Wayback Machine clearly shows in the footer, the site was created by web design/SEO company i New Media. However, we were surprised to learn that the company is also receiving backlinks from sites that appear to credit them for ownership of images they do not hold the rights to.

Social Media 124

Social Media Copyright Infringement Copyright Copying 124

SpicyIP

OCTOBER 2, 2023

Highlights of the Week Bayh Dole-esque Guidelines Notified by Dept of Biotechnology Image from here Earlier this month, Dept of Biotech notified the DBT IP Guidelines for ownership and commercialization of IP arising from DBT funded research outcomes. This comes nearly 10 years after the PUPFIP bill’s withdrawal.

Licensing 59

Licensing Trademark Intellectual Property Copyright 59

The IPKat

APRIL 25, 2024

This post further explores the argument that the outputs of generative AI tools are unprotected in the UK, despite the language in section 9(3) of the Copyright, Designs and Patents Act 1988 UK (CDPA) relating to computer-generated works.

Contracts 76

Contracts Artistic Work Copyright Copyright Law 76

SpicyIP

JULY 19, 2021

In the event of assignment of rights, any person wishing to legally record a film would have to additionally obtain written permission from the author aside from the permissions already needed from the present copyright owner. In a piece for Live Law, Eashan Ghosh critically analyses Section 22(4) of the Indian Designs Act, 2004.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

Technology & Marketing Law Blog

MARCH 29, 2023

Now here he claims this infringed his copyright, when in fact this is merely a retaliatory claim due to my filing a DMCA claim based on his appropriation of my design and copyright computer code expressions on multiple occasions without written or verbal permission. I proceeded to do that. They fill in a form, rather than draft a complaint.

Blogging 96

Blogging Fair Use Copyright Copyright Notice 96

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. It can comprise of when a trademark was applied for first, registered or used in trade, when was a design/patent first licensed or assigned and so on.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. It can comprise of when a trademark was applied for first, registered or used in trade, when was a design/patent first licensed or assigned and so on.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. It can comprise of when a trademark was applied for first, registered or used in trade, when was a design/patent first licensed or assigned and so on.

Technology 52

Technology Patent IP Invention 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

But as more players enter the market and obtain patent protection for their innovations, IP disputes among competitors are heating up. A number of policies are gaining support within the United States and internationally, encouraging a shift away from fossil fuels propelling the growth of the EV industry (the largest market for batteries).

Intellectual Property 52

Intellectual Property Technology Journalism IP 52

Copyright Lately

MARCH 6, 2023

The company also asserts copyright ownership in two “director’s statements” written by Coakley about the alleged on-set bullying, as well as in Coakley’s planned derivative project about the making of Runt. Copyright Office, claiming ownership through a written agreement with Coakley. LFP , Inc. ,

Copyright 79

Copyright Derivative Work Fair Use Social Media 79

Kluwer Copyright Blog

APRIL 20, 2022

This way, and if the Government eventually follows the same line, changes to the Copyright Act will not have to be made in the event that the Ministry’s narrower understanding is for some reason to be rejected (Ds 2021:30, pp. Hors d’oeuvre: deconstructed Article 17 served on traditional copyright law principles. 158, 288).

Copyright 66

Copyright Government Law Intellectual Property Law 66

The IPKat

MAY 12, 2023

They develop, market and sell statistical process control (SPC) software and gauge management software. Mr Aughton denied this and said that the copyright in ProSPC belonged to him because it was written as a hobby project outside his employment and, in any event, he did not copy ProSPC by any means (automatic translation or otherwise).

Copyright Infringement 67

Copyright Infringement Copyright Confidentiality Copying 67

43(B)log

OCTOBER 4, 2021

In this recent case, Epic sought to register this design for "downloadable video game software"—the Loot Llama in Fortnite, which serves as a resource cache for players. The colors were arbitrary when initially chosen, but the market had learned that colors corresponded to specific diameters and lengths as required for specific mixing ratios.

IP 94

IP Trademark Advertising Advertising 94

43(B)log

FEBRUARY 19, 2022

Matt Bodie Trademark, Employees & the Firm How does TM designate the entity entitled to hold and defend a mark, and what effects does this have on the worker/firm relationship? Disempowers those who participate in TM but not in the ownership of the company. Is there evidence of market harm from use by campaign?

Branding 59

Branding Brands Branding Music 59