SpicyIP

APRIL 29, 2023

Image accessed from here While there are many factors which result in the success of business organizations, their ability to use sensitive procedures and advanced technology, thereby protecting their confidential information, can be another crucial aspect of remaining competitive in the market.

Confidentiality 130

Confidentiality Contracts Public Domain Marketing 130

The IPKat

JULY 22, 2021

The title of this book clearly sets out its premise: trademark protection has encroached into what used to be solely copyright’s domain, resulting in an undesirable over-protection of works which impoverishes the public domain and restricts others’ creative endeavours.

Trademark 57

Trademark Public Domain Copyright Cease and Desist 57

SpicyIP

NOVEMBER 16, 2023

This app, as they claimed, is unique in that it combines a stock market trading feature alongside fantasy gaming, something that they said was non-existent in the market prior to its app. The matter found itself back in court, before the Division Bench (DB), in less than a month though.

Copyright 59

Copyright Marketing Marketing Copying 59

Kluwer Copyright Blog

JUNE 1, 2023

The members of the European Copyright Society (ECS ) have recently sent a letter to Mr. Thierry Breton ( Commissioner for Internal Market , European Commission ) outlining their view of what should be the priorities for a f uture agenda in the field of copyright law. The letter is available here and its contents are reproduced below.

Copyright Law 110

Copyright Law Copyright Law Art 110

The IPKat

JUNE 26, 2022

The event is designed to encourage interactive discussions among participants through panel debates, with each of them covering 4 or 5 key topics related to each specific sector. There will also be panels on CJEU and General Court case law, judicial approaches to parasitic competition, and international design protection strategies.

Intellectual Property 117

Intellectual Property IP Registration Copyright 117

IIPRD

NOVEMBER 23, 2022

The evolution of quantum computing technology presents many legal regulatory questions. The reason is that the latter is a part of public domain and will be open-sourced. so as to “encourage fair trading situations, remedial and externalities and balance the effects of potential innovations in the market structure”.

Intellectual Property 52

Intellectual Property Technology Intellectual Property Law Public Domain 52

Kluwer Copyright Blog

MARCH 14, 2022

The first issue raised in the consultation was whether the copyright protection for computer-generated works (CGWs)without a human author, in the UK Copyright, Designs and Patents Act 1988 (CDPA), strikes the right balance between incentivising and rewarding investment in AI creativity. The existing UK protection for computer-generated works.

IP 60

IP Public Domain Copyright Intellectual Property 60

Kluwer Copyright Blog

JUNE 8, 2022

More specifically, this post explores whether current EU copyright rules may have the effect of favoring the propagation of bias present in input data to the algorithmic tools employed for content moderation and what kind of measures could be adopted to mitigate this effect. Scenario (1): Public Domain.

Public Domain 52

Public Domain Licensing Copyright Law Copyright 52

Kluwer Copyright Blog

DECEMBER 1, 2021

This is not the first time the UKIPO has engaged with a public call for views on the topic of AI and IP. That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. In a 2020 consultation , the government sought to broadly understand the implications of AI for IP. Text and data mining (TDM).

IP 69

IP Inventor Invention Intellectual Property 69

SpicyIP

APRIL 17, 2023

To Be or Not To Be (Design): Calcutta HC Sways Against Trend of Denying Design Registrations Over GUIs Image from here Can a GUI be regarded as a Design? In what follows, Rahul Bajaj sets out the key arguments of the parties and the holding of the court, along with his analysis of the judgment.

Advertising 105

Advertising Advertising Confidentiality Trademark 105

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. SAS created a suite of software programs, known as the SAS System, used in data access, management, analysis and presentation.

Copyright 98

Copyright Fair Use Copying Public Domain 98

IP and Legal Filings

MARCH 29, 2022

With evolution and development in recent trends and creations, every person got the right to protect their artistic creativity by acquiring intellectual property rights to save their invention from being violated by the competition present in the market. Dr. Cluadio De Simone & Anr. INTELLECTUAL PROPERTY KIN OF E-COMMERCE.

Intellectual Property 52

Intellectual Property Intellectual Property Law Artistic Work IP 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. Defendant had not obtained the Deposit Design from the Copyright Office. Defendant had not tried to find out why Amazon kept reinstating Plaintiff’s listing.

Registration 112

Registration Fair Use Copyright Designs 112

Technology & Marketing Law Blog

JUNE 21, 2023

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. Parody doctrine can apply when a similar mark is used as a designation of source, such as in the Chewy Vuiton case.

Trademark 100

Trademark Blogging Trademark Law Fair Use 100

43(B)log

APRIL 26, 2022

The court of appeals kicked out nearly $42 million in penalties because there was no evidence of what Ethicon’s employees and agents actually said in oral marketing communications, which is a good incentive not to leave a record I guess, but affirmed the rest. So too with its marketing communications to doctors and patients.

Advertising 59

Advertising Advertising Marketing Marketing 59

Kluwer Copyright Blog

APRIL 28, 2022

Tuesday’s long-awaited ruling in Case C-401/19 finally brings some clarity to the almost three-year-long discussion about the implementation of Article 17 of the Copyright in the Digital Single Market Directive (DSM Directive). The judgment comes almost a year and a half after the Court heard the parties to the case in November 2020.

Copyright 108

Copyright Law Intellectual Property Law Public Domain 108

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. SAS created a suite of software programs, known as the SAS System, used in data access, management, analysis and presentation.

Copyright 52

Copyright Fair Use Copying Public Domain 52

IP and Legal Filings

NOVEMBER 27, 2022

Trademark refers to the cumulation of distinctive sign/symbol, design, or combination which is exclusively associated with the products or services helping the targeted customers identify the same easily. INTRODUCTION. Image Source: iStock]. Do not serve merely as an ornamental or adorning purpose.

Trademark 52

Trademark Branding Brands Branding 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

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

43(B)log

JUNE 24, 2022

Other IP rights: utility patent creates presumption of functionality; wonders about whether presence of non-TM IP protection for ornamental features—design patent, ©--might create a presumption of mere ornamentality w/o further evidence of source signification. Every figurative TM will be protected by ©/design, built into the system.

Trademark Law 75

Trademark Law Law Trademark Registration 75

43(B)log

FEBRUARY 24, 2023

Courts get outpaced by market. Display on front of T-shirt: ornamental, decorative; have legislature consider purposes of TM and PTO as well to be gatekeeper to protect public domain. Do we value easy to apply rules? Or more flexibility for new tech and interests as they arise?

Trademark 69

Trademark False Advertising Fair Use Branding 69

43(B)log

FEBRUARY 19, 2022

The Ninth Circuit has adopted Rogers but tinkered with what counts as “explicit” falsehood, holding that some non-explicit content might qualify as explicitly false if there’s nothing else present that allows consumers to identify the true source of an expressive work. We don’t want it to be based on intent—McDonald’s can intend art.

Trademark Law 72

Trademark Law Trademark Art Branding 72

SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. The present order dealt with the application filed by Pepsico for a ‘new variety’ of potatoes, used for its Lay’s chips.

IP 143

IP Intellectual Property Copyright Trademark 143

Technology & Marketing Law Blog

FEBRUARY 13, 2023

If the work was published without proper copyright notice, the work entered the public domain. Effective January 1, 1978, the date of federal copyright protection was moved back from the date of first publication to the date the work was “fixed in a tangible medium of expression,” or permanently recorded in some form.

Copyright 120

Copyright Blogging Publishing Fair Use 120

43(B)log

DECEMBER 20, 2022

In addition, the design of the title of the 2013 Documentary was allegedly similar to plaintiffs’ registered 12 O’Clock Boyz logo. Even accepting that substantial similarity was present (qualitative significance would be a fact question), fair use protected the uses. The similarities in setting, theme, etc.

Fair Use 52

Fair Use Trademark Copyright Editing 52

Barry Sookman

MAY 4, 2020

Moreover, inventive activity may present itself in the selection, collection, cleansing and formatting of training data, and/or in the preparation and transformation of data for a particular training model. ” See Design Data Corp, 847 F.3d Unigate Enter., 3d 1169, 1173 (9th Cir. 2017) (quoting Torah Soft Ltd. Drosnin, 136 F.

Intellectual Property 52

Intellectual Property Inventor Invention Copyright 52