Kluwer Copyright Blog

FEBRUARY 2, 2023

21, Copyright and Related Rights Act 2000 ), New Zealand ( section 5(2)(a), Copyright Act 1994 ), South Africa (section 2(h), Copyright Act 1978 ) and the UK ( Copyright, Designs and Patents Act 1988, section 9(3) ). Registration was refused in August 2019, in line with previous US case law and guidance.

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Copyright Art Fair Use Registration 145

Technology & Marketing Law Blog

MARCH 15, 2022

Fuxi, the putative copyright owner, has a registration for an image of printed sage leaves (the left image): The alleged infringer, the Sunny Factory, sells the candles on the right on Amazon. That’s by design–the DMCA was designed to resolve matters outside of court. ” This is clearly wrong.

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Copyright Fair Use Cease and Desist Litigation 128

IP and Legal Filings

NOVEMBER 11, 2022

Businesses regularly create articles, photographs, drawings, designs, models, websites, computer software, etc., Voluntary registration for your copyright is available in China. Industrial and graphic designs, applied art, architectural buildings are also protected by copyright. which all enjoy copyright protection.

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Copyright Fair Use Registration Ownership 52

Patently-O

JUNE 8, 2023

The court attempted to issue a somewhat narrow holding: Without deciding whether Rogers has merit in other contexts, we hold that it does not [require any threshold requirement] when an alleged infringer uses a trademark in the way the Lanham Act most cares about: as a designation of source for the infringer’s own goods. 1125(c)(3)(A).

Trademark Law 68

Trademark Law Trademark Law Fair Use 68

IP Intelligence

APRIL 18, 2023

Presumably afraid that a decision one way or the other would move financial markets and have unforeseen consequences, the Court assumed the declaring code was protected by copyright and decided the case on fair use. A fair use of declaring code might not be a fair use of implementing code. Maybe they’re not.

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Copyright Fair Use Copying Public Domain 98

IPilogue

OCTOBER 28, 2021

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. The Act defines a “useful article” as having a utilitarian function, which encompasses most clothing. In Pyrrha Design Inc.

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Intellectual Property Designs Design Copyright 116

Technology & Marketing Law Blog

MARCH 6, 2022

“Plaintiff’s takedown letters and supporting document establish facially plausible claims of infringement, and Babybus does not allege a plausible basis for a fair use defense.” Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

Fair Use 97

Fair Use Cease and Desist Copying Copyright Infringement 97

LexBlog IP

JULY 12, 2023

The app is designed for text-based conversations instead of photo updates. As users rush to join the platform, brands should also prioritize claiming accounts in order to guarantee the availability of their choice names—and to prevent potential bad faith registrants.

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Social Media Branding Brands Branding 52

The IPKat

SEPTEMBER 25, 2023

Pursuant to Article 58(1)(a) of Regulation 2017/1001 (EUTMR), a trade mark which has not been put to genuine use by its holder within five years after its registration may be liable to revocation unless there are valid reasons for its non-use.

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Fair Use Registration Designs Design 117

Technology & Marketing Law Blog

JUNE 21, 2023

The other issue in Jack Daniel’s was whether VIP could invoke the “noncommercial use of a mark” exemption from dilution liability in 15 U.S.C. 1125(c)(3)(C) by claiming its humorous use of the Jack Daniel’s marks was not pure commercial speech because it poked fun at the company in the Bad Spaniels design.

Trademark 100

Trademark Blogging Trademark Law Fair Use 100

Technology & Marketing Law Blog

APRIL 29, 2023

” As for the remaining copyright-based takedown notice, the court says it doesn’t matter that BAYC didn’t have a copyright registration for the work at issue because unregistered works are still protectable. New Destiny Church * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Federici * Biosafe-One v.

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Fair Use Cease and Desist Copyright Trademark 98

SpicyIP

AUGUST 22, 2022

This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop. C) Any non-commercial use of a mark.

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Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

Kluwer Copyright Blog

NOVEMBER 26, 2023

Copyright registration may be obtained to create a public record of the work and to assist the copyright owner in enforcement of their rights. Copyright registration in the U.S. Copyright Office have failed to show sufficient human involvement to allow their registration to proceed. Like many other countries, in the U.S.

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Registration Copyright Law Artwork Copyright 60

43(B)log

FEBRUARY 16, 2024

In Two Pesos, the Supreme Court tells us that “the general principles qualifying a mark for registration under § 2 of the Lanham Act are for the most part applicable in determining whether an unregistered mark is entitled to protection under § 43(a).” Tam and Brunetti, striking down various bars on registration. of Ala, LV v.

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Trademark Fair Use Registration False Advertising 59

Technology & Marketing Law Blog

AUGUST 18, 2022

The Copyright Office registered this work: The registration makes sense with the landscape backgrounds. Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v.

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Fair Use Cease and Desist Copyright Blogging 104

LexBlog IP

JUNE 15, 2023

First, it primarily used them in connection with the display of properties listed for sale on Zillow’s site. Second, Zillow selected certain photographs “of artfully-designed rooms in some of those properties” to post to its “Digs” website, which is directed toward home improvement.

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Copyright Registration Licensing Designs 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Fourth, if not, can Trump circumvent the registration requirement by seeking a declaratory judgment, or will he have to comply with the registration requirement? Sixth, assuming Woodward published copyrighted material without Trump’s authorization, was he permitted to do so, either as a fair use, or by the First Amendment?

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Copyright Blogging Publishing Fair Use 120

Kluwer Copyright Blog

MAY 9, 2023

The biggest copyright law question in the EU and US is probably whether using in-copyright works to train generative AI models is copyright infringement or falls under the transient and temporary copying and TDM exceptions (in the EU) or fair use (in the US). In the aftermath of cases like Authors Guild v.

Copyright 137

Copyright Fair Use Copyright Law Law 137

Technology & Marketing Law Blog

NOVEMBER 11, 2023

The rightsowner has trademark registrations for the tree-shaped outline: Armed with protectable rights in tree outlines, Car-Freshner has turned into a serial plaintiff, though this is my first time blogging them in-depth. I see potential legitimate trademark defenses for the design.

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Trademark Contracts Blogging Fair Use 93

43(B)log

APRIL 7, 2023

Shira Perlmutter AI detection and AI generation of content: CO has role to play in applications for registration and as advisors to Congress/exec branch on © law and policy. 512(i) provided that they had to be developed in a fair, multistakeholder process and had to be available fairly and w/o undue burden on providers.

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Copyright Fair Use Registration Reporting 40

LexBlog IP

APRIL 18, 2023

Presumably afraid that a decision one way or the other would move financial markets and have unforeseen consequences, the Court assumed the declaring code was protected by copyright and decided the case on fair use. ” A fair use of declaring code might not be a fair use of implementing code.

Copyright 52

Copyright Fair Use Copying Public Domain 52

The IPKat

OCTOBER 3, 2022

More information and registration to the event are available here. More information, programme, and registration are available here. between the two distinct IP rights of Designs and Copyright, and aims to look at practical/technical aspects and to debate the legal consequences of those IP rights, including scope of protection.

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Registration Intellectual Property IP Copyright 62

43(B)log

JUNE 24, 2022

In the fair use calculus? In what ways is the ornamental nature of a defendant’s use relevant to defences based on artistic or expressive use (or some other defence)? But there is an assumption that registration = minimal distinctiveness unless validity is questioned. But there is a defense for nondistinctive use.

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

SpicyIP

NOVEMBER 17, 2023

We are pleased to announce that registration for the free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship is currently open. Registration DA-IICT extends a warm welcome to all eligible participants FREE of charge.

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Intellectual Property Technology IP Law 105

LexBlog IP

MARCH 3, 2023

A trademark can be attacked in a variety of ways, most frequently through arguments that the mark is: Generic, Abandoned for non-use, Misrepresentation to the Trademark Office, and Fair use. Trademark law permits others to use your mark if that use qualifies as fair use. In Haughton Elevator Co v.

Branding 52

Branding Brands Branding Trademark 52

Plagiarism Today

OCTOBER 26, 2021

Costumes are considered “useful articles” and, similar to most of the fashion industry , does not qualify for any kind of copyright protection. . First, design elements that are “physically or conceptually separate” from the article can be protected. However, commercial use of costumes still raises legal questions.

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Trademark Copyright Cease and Desist Copying 241

SpicyIP

OCTOBER 27, 2023

Challenges Under IP Law Dark patterns are deceptive or manipulative design elements or techniques used in user interfaces to trick users into taking actions they may not want to take. Addressing this intersection necessitates a focus on ethical design, compliance with IP laws, and the protection of consumers from deceptive practices.

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Intellectual Property False Advertising Designs Design 52

43(B)log

FEBRUARY 24, 2024

Can enshrine things like notice & takedown in © law, but that has effects on the ability to assert fair use. Adjudicators need to hear about risks of overenforcement, overclaiming; defenses—he gets emails from sellers of used or grey market goods snared in a robotic search. Should that weigh into the fair use analysis? [No,

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Fair Use Branding Brands Branding 45

Biswajit Sarkar Copyright Blog

JULY 19, 2022

Additionally, creators are not needed to file a copyright registration with the US Copyright Office. Recognize the subtleties of fair use. If you can’t get permission, you can still freely use original work for non-commercial purposes if you are aware of your rights under fair use.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

IP and Legal Filings

APRIL 28, 2022

It owns multiple trade mark registrations for the word “Tiffany” in connection with “Decorative Art Objects Made in Whole or in Part of Precious or Semiprecious Metals” among others. The design of its engagement rings is famously called the “Tiffany settings” which is a style of six-prong diamond setting.

Fair Use 52

Fair Use False Advertising Trademark Branding 52

LexBlog IP

MARCH 15, 2023

In terms of national law, the Trade Marks Act, 1996 sets out the current position in terms of use of the State emblems in a trade mark context. Section 9 imposes a prohibition on registration of a trade mark consisting of, or containing, a state emblem of Ireland without the Minister’s consent.

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Trademark Branding Brands Branding 40

Biswajit Sarkar Copyright Blog

JULY 21, 2023

However, that is sometimes not enough to avoid infringement, which is where registration comes in. While registration by itself is not a bulletproof shield against copyright infringement, it helps with the burden of proof. Understanding tattoos through the lens of copyright What exactly is a tattoo? In Alexander v.

Copyright 52

Copyright Artistic Work Copyright Infringement Ownership 52

Technology & Marketing Law Blog

JULY 5, 2021

“Caraway’s final three claims are for trademark infringement, unfair competition and false designation, and trademark dilution under the Lanham Act as a result of Defendant’s purchase of the Caraway Mark so as to advertise Equal Parts when consumers searched for the term ‘Caraway’ in Google’s search engine.

IP 85

IP Social Media Fair Use Branding 85

SpicyIP

MAY 18, 2022

The Indian Trade Marks Registry is also seeing activity under classes 9, 35 and 41 for registration of trademarks in relation to ‘downloadable virtual goods’ and online virtual services. However, when it comes to virtual goods, classification is not straightforward. But it is equipped to efficiently deal with new workload?

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Non-Fungible Tokens Trademark Artwork Art 122

Kashishipr

OCTOBER 27, 2021

However, the idea of protecting the API through the medium of a trade secret goes against the very idea of conceptualizing and designing an API. However, even an author’s original work may be caught up by the fair use doctrine when utilized by some other person without prior authorization.

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Law Fair Use 98

43(B)log

JUNE 24, 2022

Ornamental use may help to maintain rights even if core uses cease. Can it be used in different ways in TM as a thumb on the scale rather than a binary? 2d Cir in Descriptive fair use—how “pure” is the descriptive character of the use? Use=is it in fact being used by this party as a TM.

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Trademark Law Law Trademark Registration 75

Kluwer Copyright Blog

OCTOBER 17, 2023

On 21 February 2023, the USCO reviewed the registration of the comic book “Zarya of the Dawn” (Registration No. For this purpose, providers should publish a sufficiently detailed summary of the use of training data protected under copyright law. Secondly, para.

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Copyright Art Copyright Law Licensing 123