Plagiarism Today

OCTOBER 24, 2022

Night of the Living Dead is possibly one of the most famous public domain movies of all time. Under the laws at the time, this mean that it didn’t have copyright protection. However, at least one copy made it to the United States, where the original book was already in public domain. Bottom Line.

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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. The other two chapters turn to the conceptualisation of nature in patent law.

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Intellectual Property Designs Design Intellectual Property Law 73

Technology & Marketing Law Blog

APRIL 23, 2024

I was honored to deliver this year’s Nies Lecture at Marquette University Law School , with the provocative (but, I hope, accurately descriptive) title “Generative AI is Doomed.” Materials from my talk: The paper The video The image repository (all in the public domain per prevailing copyright law !)

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The TTABlog

DECEMBER 13, 2022

District Court for the Eastern District of Virginia upheld the TTAB's decision [ TTABlogged here ] affirming a refusal to register certain features of Timberland's boot design on the ground that the proposed mark for "footwear, namely, lace-up boots" lacked acquired distinctiveness.

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LexBlog IP

APRIL 5, 2023

There has been quite a bit of debate around the registrability of GUIs under industrial design law in India. While the Designs Act, 2002, recognised protection for GUIs, the Indian Patents Office has been reluctant to grant registration to GUIs. Vs. The Controller of Patents and Designs and Anr. [1]

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LexBlog IP

FEBRUARY 29, 2024

January 1, 2024, brought numerous hangovers along with an unprecedented amount of media attention to intellectual property law. Freed from the shackles of copyright, Walt Disney’s iconic rodent was now in the public domain and, therefore, available for everyone to copy. But not so fast.

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The IP Law Blog

SEPTEMBER 28, 2023

The plaintiff also consulted with various rabbis as part of the design process for the Second Holy Temple Product. Thus, here, given that the plaintiff has Copyright Registrations, the burden shifts to Defendants to come forward with “evidence that the work[s] [were] copied from the public domain.”

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IPilogue

OCTOBER 26, 2022

Ariel Goldberg a 1L JD candidate at Osgoode Hall Law School. The Code of the Cultural and Landscape Heritage’s legal force is separate from copyright laws and remains in effect when copyright protection does not. Photo Credits: The Fashion Law ; Jean Paul Gaultier ). In Canada, under the s.

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IPilogue

JANUARY 17, 2022

Photo from Cooper Hewitt , Smithsonian Design Museum, 1926. Sabrina Macklai is an IPilogue Senior Editor and a 2L JD Candidate at the University of Toronto Faculty of Law. . While many were observing the new year, intellectual property scholars and the artistic community were celebrating Public Domain Day. public domain.

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Intepat

MAY 4, 2023

Competition law (hereinafter used interchangeably with antitrust law) and Intellectual Property Rights (IPR) have been regarded as two ends of the spectrum in an economy. Interface of Competition Law and Patents Patent law particularly bears more relevance to antitrust jurisprudence. The Supreme Court in Eldred v.

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Patently-O

FEBRUARY 5, 2024

Constitution and the Patent Act prohibit design patents on ordinary innovations.” Although case applied pre-1952 law, the reminder here is poignant. The standard of patentability is a constitutional standard; and the question of validity of a patent is a question of law. Great A&P Tea Co. Supermarket Equip.

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The IPKat

JANUARY 5, 2022

Green Label (of 23 August 2021), the BOA ruled that vacuum cleaner bags enjoy design right protection, overturning a previous decision by the Invalidity Division. Background of the case In 2008, Miele successfully registered a Community Design (‘CD’), consisting of a depiction of a vacuum cleaner bag, one of which is shown below.

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Plagiarism Today

OCTOBER 27, 2021

Along the way, we discussed why a knockoff Beetlejuice costume is titled “Juice Demon”, the ways that intellectual property laws govern Halloween costumes and the ways one could find themselves in trouble. Also, many have design errors due to their age. I’m working to fix those, but it will take time.

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Michael Geist

FEBRUARY 6, 2023

That the extension did not get much attention was seemingly by design as the government buried it in a budget implementation bill and posted no news releases on it. He joins the Law Bytes podcast to talk about Canada’s approach to copyright term extension, the impact on the public domain, and what could come next.

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IP and Legal Filings

OCTOBER 4, 2022

billion fine issued by the European Commission and considering the lack of a consolidated competition law in the UAE, businesses here may have been excused for being tempted to focus only on their competitive activities related to operations in Europe. However, with the publication on 23 October 2012 of UAE Federal Law No.

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Patently-O

AUGUST 22, 2022

For our patent law course today, the students read the Justice O’Connor unanimous opinion in Bonito Boats, Inc. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law.

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Copyright Lately

APRIL 30, 2021

Nineties grunge-rock band Nirvana, already embroiled in a long-running legal battle against fashion company Marc Jacobs over its “happy face” t-shirt designs , now finds itself on the less happy end of a new copyright infringement lawsuit worthy of Dante’s trip through the underworld. copyright law. It argues that when the U.S.

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Patently-O

APRIL 17, 2024

This case began back in 2006 when Crocs sued Double Diamond and others for patent infringement of Crocs’s design patents. Therefore, Dastar ‘s unaccredited copying did not constitute a false designation of origin actionable under § 43(a) of the Lanham Act. Crocs largely prevailed in those actions. ” Dawgs brief.

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The IPKat

FEBRUARY 8, 2024

Ruling on whether copyright would subsist in certain graphic user interfaces (GUIs), Lord Justice Arnold pointed out that section 1(1)(a) of the UK Copyright, Designs, and Patents Act must be interpreted in accordance with Article 2(a) of the EU InfoSoc Directive. but also online The Chair is Luke McDonagh , Assistant Professor of Law (LSE).

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The IPKat

FEBRUARY 12, 2024

This is a book review of the Research Handbook on Intellectual Property and Moral Rights , curated by Ysolde Gendreau (Université de Montréal, Canada), provided by Francesca Mazzi , Lecturer in AI, Innovation and Law at Brunel University London.

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Velocity of Content

DECEMBER 19, 2023

copyright law protection starts and ends: Protected by Copyright: Literary works (not just The Grapes of Wrath or The Tipping Point, but all works expressed in writing both in print and digital form, however formally or informally recorded) Computer software (considered to be literary works) Pictorial, graphic, and sculptural works (e.g.,

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Copyright Music Public Domain Television 91

TorrentFreak

NOVEMBER 30, 2023

RDRS: Registration Data Request Service With WHOIS protocols set to be replaced by RDAP (Registration Data Access Protocol), a technology designed to improve Registration Data Directory Services (RDDS), this week ICANN launched RDRS , an all new service to simplify access to non-public domain registration data.

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The TTABlog

MARCH 2, 2022

In round two of what one person (me) dubbed the "Tinker Bell Fairy Fracas," the CAFC affirmed the Board's decision [ TTABlogged here ] sustaining a Section 2(d) opposition to registration of TEEN TINKER BELL and TEEN TINK & Design for dolls. Tinker Bell" appeared as a character in J.M. Read comments and post your comment here.

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Kluwer Copyright Blog

DECEMBER 17, 2023

For the last few months, I have been wondering if our belief in “fair dealing” (or broadly, “limitations and exceptions”) has silently slipped into our “faith” in it – a faith that demands complete surrender to it while blinding us to the harm it covertly causes to the public domain. Otherwise, such a claim does not arise.

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Kluwer Copyright Blog

APRIL 5, 2023

The Court applies Italian law cross-border to the unitary set of conducts, based on an economic-functional link among all company divisions, indicating as the main criterion of connection with Italian jurisdiction the forum damni ex Article 20 of the Italian code of civil procedure (c.p.c.), 15 B.C.).

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The IPKat

FEBRUARY 21, 2022

Given this inconsistency, in 2017, the scope of the Italian patent box was narrowed by excluding the income generated by the use of trademarks (Article 56 of Decree-Law no. Unfortunately, though, the Italian legislator is sometimes keen on modifying those laws and provisions that are working decently fine. 50 of 24.4.2017).

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Kluwer Copyright Blog

APRIL 18, 2024

No amendment offered in public session. If a 3 -step test is included, it could be designed to expand the flexibility, not shrink it. Measures A prohibition on circumvention of TPMs could extend protection to materials in the public domain or prevent the exercise of exceptions. 5- National Treatment Paragraph 5.2

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Dear Rich IP Blog

APRIL 16, 2020

Does the absence of the insignia mean that the film is public domain? Nowadays, the publication of a film without copyright notice won't effect ownership, but in 1964, the penalty was draconian. If the copyright owner failed to include a copyright notice on "The Naked Kiss," then it would likely be in the public domain.

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Dear Rich IP Blog

SEPTEMBER 16, 2020

My understanding is that all publicity photos taken back in the 1920s and 1930s were never copyrighted, therefore, in the public domain, especially if the photographer is unidentified. The public domain. You're correct that Louise Brooks publicity photos are probably public domain. 15 USC Sec.

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Kashishipr

APRIL 20, 2022

Patents, copyright, and trademarks have been the most widely recognized forms of IP to date; however, there are other forms as well, including geographical indications and industrial designs, which have been gaining attention in the past few decades. For more visit: [link].

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The IPKat

JULY 22, 2021

Katfriend Dr Sabine Jacques , Associate Professor in IP, IT & Media law at the University of East Anglia and author of The Parody Exception in Copyright Law (OUP 2019), provides the follow review of The Copyright/Trademark Interface: How the Expansion of Trademark Protection is Stifling Cultural Creativity – by Martin Senftleben.

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The IPKat

NOVEMBER 22, 2022

As a result, also the exclusive rights of adaptation (covered by Spanish law) and public communication are involved in this matter. 5(3)(j): “for the purpose of advertising the public exhibition or sale of artistic works, to the extent necessary to promote the event, excluding any other commercial use”.

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Plagiarism Today

SEPTEMBER 21, 2021

Graphic design is credited to award-winning graphic designer Jeremy Samples, so it's disappointing they would copy instead of producing original artwork. They have a lengthy and aggressive history when it comes to protecting their rights , even as many of their stories are based on public domain tales. Bottom Line.

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Patently-O

AUGUST 18, 2023

In this case, Thaler listed the Creativity Machine as the author and designated the work as created autonomously by the AI, with ownership transferring to himself as the owner and creator of the machine. The Copyright Office denied the registration application on the grounds that copyright law requires human authorship.

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Intepat

NOVEMBER 20, 2023

Copyright, defined as the exclusive right granted to the creator for their intellectual labor, holds significance in the legal domain. According to Black’s Law Dictionary, copyright is acknowledged as a right in literary property, sanctioned by positive law. What is Registered Copyright?

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The IPKat

SEPTEMBER 15, 2022

In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws. Before the 2021 amendment, such use was allowed only for reasons of public defense and security.

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Kluwer Copyright Blog

FEBRUARY 22, 2022

In this post, we offer an overview of the project to date, stratified across CREATe’s core research themes : Creative Industries , the Public Domain , and Competition and Markets. The digital revolution has moved legal questions about copyright, information, and competition law to the regulatory centre of the creative industries.

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