The IPKat

FEBRUARY 16, 2024

This is a book review of Teaching Intellectual Property Law: Strategy and Management edited by Sabine Jacques, Associate Professor in Information Technology, Media and Intellectual Property Law, University of East Anglia Law School and Ruth Soetendorp, Visiting Academic, City University of London and Professor Emerita, Bournemouth University.

Intellectual Property Law 113

Intellectual Property Law Intellectual Property Law Non-Fungible Tokens 113

Intellectual Property Law Blog

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. source code) under copyright law.

Registration 189

Registration Designs Design Copying 189

IPilogue

SEPTEMBER 23, 2021

David Vaver is the Acting Director of IP Osgoode and a Professor of Intellectual Property Law at Osgoode Hall Law School. Something has recently gone awry with the law of copyright ownership in a movie or other film — a “cinematographic work”, as s. Part I of the Act deals with the ownership of copyright in works.

Ownership 92

Ownership Copyright Intellectual Property Designs 92

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.

Ownership 61

Ownership Cease and Desist Fair Use Copyright 61

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. Contact Sander Law today! Moral Rights.

Ownership 59

Ownership Moral Rights Copyright Artwork 59

IP Intelligence

APRIL 24, 2023

The Copyright Office’s current position is a classic “hard cases make bad law” situation. 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.

Ownership 98

Ownership Copyright Public Domain Registration 98

Technology & Marketing Law Blog

JANUARY 28, 2022

This is a lawsuit between a wedding gown company, JLM, and Hayley Paige Gutman, a designer/influencer who worked for JLM. For background, check out my post on the district court’s ruling here: “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ”. This was erroneous.

Social Media 88

Social Media Ownership Contracts Privacy 88

Intellectual Property Law Blog

JANUARY 11, 2023

Understanding Mask Work 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. In particular, Section 1213.2

Registration 130

Registration Designs Design Copying 130

LexBlog IP

DECEMBER 26, 2023

Keep in mind the generators are trained on existing material, including things that are protected by copyright and trademark law and registration and patents. There have been some court decisions on this precise topic, but the law is not completely settled. However, there are some certainties and principles of law that can guide you.

Designs 52

Designs Design Trademark Copyright 52

IP and Legal Filings

JANUARY 22, 2024

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

43(B)log

FEBRUARY 3, 2023

Christine Farley, Authenticity and Design: Why sell a chair for 10x a visually identical chair? Sometimes the replication is exact; design claimants say they’re made with cheaper materials and practices, but midcentury modern design aimed for cheapness and access: the idea that more people can have it now would be a good not a bad.

Designs 59

Designs Design Design Patent Branding 59

LexBlog IP

APRIL 24, 2023

The Copyright Office’s current position is a classic “hard cases make bad law” situation. Combine that “mastermind/dominant” author doctrine with the run of cases discussing ownership of software outputs (i.e., The Office has answered that question with a resounding “maybe.”

Ownership 64

Ownership Copyright Registration Public Domain 64

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.

Social Media 78

Social Media Ownership Designs Design 78

IPilogue

MARCH 2, 2023

Cynthia Zhang is a 3L JD Candidate at Osgoode Hall Law School. Recently in Alexander v Take-Two Interactive Software, Inc , a jury of the US District Court of the Southern District of Illinois concluded that tattoo artist Catherine Alexander has a valid copyright claim in the designs she tattooed on World Wrestling Entertainment Inc.

Copyright Law 106

Copyright Law Copyright Law Artwork 106

IP and Legal Filings

JANUARY 31, 2023

It provides an unmatched degree of design and layout possibilities. Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. The players can collect up to 30 NFTs in the game, 10 of which are designed by the artist Beeple [i].

Law 86

Law Branding Brands Branding 86

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

Branding 52

Branding Brands Branding Trademark 52

43(B)log

AUGUST 11, 2022

What does this have to do with law? A business code communicating within a community designed to be closed. There’s a lot of literature and case law; focus of courts and scholars is on the extent to which freedom of expression ought to operate. A: her concern is divorce law, though comparison is worthy.

Ownership 80

Ownership Moral Rights Copyright Branding 80

IPilogue

MARCH 14, 2022

Shawn Dhue is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Like with many new technologies these days, the laws around NFTs are constantly updating to accommodate this new concept of digital assets. This type of lawsuit was bound to happen, and the intellectual property law sector needs answers.

Non-Fungible Tokens 122

Non-Fungible Tokens Ownership Intellectual Property Intellectual Property Law 122

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.

Intellectual Property 98

Intellectual Property Designs Design Invention 98

LexBlog IP

MARCH 10, 2024

Introduction: In a significant step, Federal Decree-Law No. 36/2023 has assumed control, replacing the previous competition regulation law (Federal Law No. Key Definition within Federal Law No. 36/2023: According to Article 1 of the Federal Decree-Law No. Structured Framework for Violations: Federal Law No.

Law 52

Law Intellectual Property Marketing Marketing 52

The IPKat

SEPTEMBER 22, 2023

This book review of Intellectual Property Law in Nigeria: Emerging Trends, Theories And Practice by Desmond Oriakhogba (University of the Western Cape, South Africa) and Ifeoluwa Olubiyi (Afe Babaloloa University, Ado-Ekiti, Nigeria) is kindly provided by Kasim Waziri , Professor of Law at the University of Abuja, Nigeria.

Intellectual Property Law 80

Intellectual Property Law Intellectual Property Law Registration 80

Traverse Legal Blog

OCTOBER 20, 2022

Whether you are looking to make your own non fungible token to sell or you’re looking to buy an NFT as an investment, you need to be aware of copyright and trademark laws that might apply to your NFT. Manuscripts, designs and art can all be classified as intellectual property. An NFT shows proof of ownership for a digital object.

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

LexBlog IP

JANUARY 10, 2024

That then plays off the rest of the title’s allusions to separating “subjects” from the “predicates” of copyright ownership, themselves words connoting the foundational elements of both “ any complete sentence ” and at times a court’s jurisdiction over infringement matters. ’” Id.

Ownership 52

Ownership Copyright Government Intellectual Property 52

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.

Ownership 62

Ownership Intellectual Property Licensing Designs 62

The IPKat

AUGUST 11, 2023

The Supreme Court is merely considering whether an AI may be formally designated as an inventor on a UK patent. Unsurprisingly, the Examining Division has indicated that the divisional application will be refused for failing to designate an inventor. Final thoughts It is an adage of the legal profession that bad cases make bad law.

Inventor 52

Inventor Invention Law Ownership 52

IPilogue

JUNE 2, 2022

Michelle Mao is an IPilogue Writer and a 2L JD candidate at Osgoode Hall Law School. Previously, IPilogue reported that Australia has granted patent ownership to an AI inventor. This signals a shift in Canadian attitudes towards AI ownership of their work. What Does This Mean in the Canadian Context?

Invention 111

Invention Ownership Intellectual Property Inventor 111

43(B)log

MARCH 31, 2023

Copyright ownership: At this stage, the court accepted as true the allegation that Darger did not gift his works to the Lerners. Given that the disputed transfer was pre-1978, it was governed by the common law. “A A transfer of a common law copyright did not need to be in writing.”

Ownership 59

Ownership Art Copyright Registering Trademarks 59

LexBlog IP

MAY 3, 2022

Like the United States, China offers protection for 2D and 3D designs of products and packaging, which is often known by U.S. It focuses on the similarities and dissimilarities of different aspects of intellectual property (IP) law in China and how they interact with each other. Protection of 2D Designs. Trademark (3D designs).

Designs 52

Designs Design Trademark Intellectual Property 52

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.

Designs 52

Designs Design Design Patent Advertising 52

LexBlog IP

MAY 18, 2022

” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law. ” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law. Beijing Zhongrong Hengsheng Wood Industry Co.

Designs 52

Designs Design Copyright Artistic Work 52

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!

Ownership 67

Ownership Designs Design Reporting 67

LexBlog IP

DECEMBER 2, 2022

The Trademark Trial and Appeal Board (“TTAB”) found that there was no likelihood of confusion between the “SMOKES & Design” mark owned by Fancy Pants Products, LLC (“Applicant”), generally used in connection with cannabis products, and the “SMOK” mark owned by Shenzhen IVPS Technology Co.

Designs 40

Designs Design Registration Copying 40

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.

Ownership 52

Ownership Designs Design Copyright 52

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.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

Intepat

SEPTEMBER 15, 2023

This burgeoning genre is not only pushing the boundaries of artistic expression but also challenging the established norms of copyright ownership. This blog post embarks on a comprehensive journey to unravel the complex issue of copyright ownership in AI-generated art. Copyright laws are designed to safeguard the rights of creators.

Art 105

Art Copyright Ownership Non-Fungible Tokens 105

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 80

Copyright Fair Use Copyright Law Settlement 80

IPilogue

JULY 15, 2021

Meena Alnajar is an IPilogue Writer, IP Innovation Clinic Fellow, and a 2L JD Candidate at Osgoode Hall Law School. . . 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. There are, however, some exceptions.

Licensing 106

Licensing Contracts Designs Design 106