Kluwer Copyright Blog

APRIL 5, 2023

which refer to a person’s rights to name and image. It also ordered the company to pay 1.500 euros for each day of delay in the execution of the judicial order, as well as the publication of the decision on a large scale. Setting aside the private international law aspects, the case deserves examination on two main grounds.

Public Domain 98

Public Domain Copyright Law Artwork 98

The IPKat

SEPTEMBER 15, 2022

One of the first enacted changes concerned the rules for calculation of the compensation paid to the patent owner in the event that an invention, utility model, or industrial design is being used without the patent owner’s authorization. Before the 2021 amendment, such use was allowed only for reasons of public defense and security.

IP 132

IP Branding Brands Branding 132

IP and Legal Filings

OCTOBER 4, 2022

However, with the publication on 23 October 2012 of UAE Federal Law No. 4 of 2012 Concerning Regulation of Competition all businesses with operations in the UAE or supplying goods and services to the UAE market will have to ensure that they focus on and comply with the provisions of this new law. image Source : Medium Blog].

Intellectual Property 52

Intellectual Property Law Business Designs 52

Biswajit Sarkar Copyright Blog

JULY 19, 2022

Unauthorized use of a work protected by copyright is referred to as copyright infringement. Before using someone else’s creation, consider how your actions will affect its market worth. Public domain resources as a starting point. There are several places where you can find public domain content that is free to use.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

The IPKat

NOVEMBER 9, 2021

Birkenstock's claim that it had designed the pattern and it had been the first on the market to use that design, was considered by the court to as insufficient to consider that the pattern itself also significantly different from other patterns in the shoe and clothing sector. Universal Public Domain Dedication license.

Public Domain 85

Public Domain Licensing Intellectual Property Designs 85

IP and Legal Filings

MARCH 29, 2022

Intellectual Property” refers to mental creations such as inventions, literary and creative works, as well as symbols, names, and pictures utilised in business. In the era of digitalisation and globalisation simultaneously, it is imperative to protect ones IPR in order to maintain a fair and competitive market. INTRODUCTION.

Intellectual Property 52

Intellectual Property Intellectual Property Law Artistic Work IP 52

Kluwer Copyright Blog

FEBRUARY 8, 2023

Therefore, such AI-generated works are said to compete directly with human-authored works and thus might be capable of disturbing the market for low creativity works, which is where apparently many artists nowadays make a living. It would not genuinely guarantee a level-playing field for all players in all Member States in a specific market.

Marketing 109

Marketing Marketing Copyright Copyright Law 109

Kluwer Copyright Blog

JUNE 8, 2022

In the field of AI, bias may be present at various stages of the development of an application including the design of the algorithms, the designers of the algorithm, the identification and sampling of the learning information and the curation, annotation , and verification of the input data (see, e.g., here and here ).

Public Domain 52

Public Domain Licensing Copyright Law Copyright 52

LexBlog IP

DECEMBER 14, 2023

1] In light of criticism following the announcement of the political deal – and renewed warnings that the AI Act risks hampering innovation in the European market – there may still be room for debate over the final terms of the AI Act before ratification. [2] 5] The risk-based approach is maintained under the political agreement.

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Reporting Publishing Marketing Marketing 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

IP and Legal Filings

SEPTEMBER 13, 2022

In other words, a patentability search is a process of identifying the same or similar inventions with reference to the invention in the question of a patentability search. Assistant Controller of Patents and Designs [2012 SCC OnLine IPAB 192 : [2012] IPAB 191] is a great example of avoidance of Section 3(k) of the Patents Act of 1970.

Patent 52

Patent Invention Inventor Technology 52

Biswajit Sarkar Copyright Blog

MARCH 6, 2024

Prior art, the term mostly used during patent applications, is used to describe all information available in the public domain before the priority or filling date of the patent application. This is well known and has been reported in many studies, and such biofertilizers are also available in the market. and Klebsiella sp.,

Art 52

Art Patent Public Domain Invention 52

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. Sundial Communications Pvt. and Ors. ,

Confidentiality 130

Confidentiality Contracts Public Domain Marketing 130

43(B)log

FEBRUARY 19, 2022

Summary of current treatment: Although courts have often referred to “expressive” or “artistic” works as shorthand for the scope of Rogers, they have applied it to speech that quali?es TM bullying w/ a public domain quilt, claiming rights over “Dear Jane” as quilt/software. Lemley: Hard to separate artists from art.

Trademark Law 72

Trademark Law Trademark Art Branding 72

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. Protection of GUIs have often been discussed in the context of Designs and a Calcutta High Court judgement in Ust Global (Singapore) Pte Ltd v.

Copyright 59

Copyright Marketing Marketing Copying 59

IIPRD

MAY 4, 2023

To qualify as a patentable invention, the invention: must not be in the public domain or have been published or used previously; must not be obvious and must involve a technical advancement; and must be capable of being implemented commercially. More and more involve collecting data that is processed via algorithms “in the cloud”.

Intellectual Property 52

Intellectual Property Invention Public Domain Patent 52

LexBlog IP

FEBRUARY 12, 2022

Some GIs indicate a very tight relationship with place; these are known in older protection systems as Appellation of Origins (also used for wine growing areas) or Protected Designations of Origin (PDOs), or in French, Appellation d ’ Origine Prot é g é e (AOP) or Appellation d ’ Origine Control é e (AOC).

Public Domain 59

Public Domain Registration Journalism Designs 59

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

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

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]. But then why are colour marks controversial?

Trademark 52

Trademark Branding Brands Branding 52

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. But the 2013 Documentary was not a market substitute, because it was transformative of a small portion of the 2001 Documentary. “[I]t The similarities in setting, theme, etc.

Fair Use 52

Fair Use Trademark Copyright Editing 52

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. Citing the agreement, the defendant requested the suit to be referred to an arbitration. Hero Electric Vehicles Private Ltd v.

IP 143

IP Intellectual Property Copyright Trademark 143

43(B)log

NOVEMBER 3, 2023

So: if the gov’t can bar registration of a TM including a disparaging reference to a person without that person’s permission, can it also bar you from a © registration if your work disparages a living person? This survey format is not designed to plumb the depths of understanding of authorization or approval. Or abortion.

Registration 64

Registration Trademark Business Law 64

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. Source-identifying uses of marks.

Trademark 100

Trademark Blogging Trademark Law Fair Use 100

43(B)log

JUNE 24, 2022

Which is the same as the problem of market definition, with which TM law has long grappled unsuccessfully and largely silently. If we don’t have a coherent idea of TM market definition the problem will pop back up in other places no matter how hard we try to deny that. It’s text and not design so we don’t call it ornamentality.

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

43(B)log

FEBRUARY 23, 2024

Reference is to the use of Bad Spaniels as a mark for dog toys). Sears/Compco said there was a right to copy things in the public domain; how did that go away? What if we could read that part of the opinion in ways that were less awful? We do not decide … how far the ‘noncommercial use’ exclusion goes. …

Trademark 45

Trademark Law Branding Brands 45

Barry Sookman

MAY 4, 2020

In rendering the decision, the USPTO referred to a number of provisions in the U.S. It also referred to other provisions including 35 U.S.C. § Title 35 of the United States Code consistently refers to inventors as natural persons. The USPTO then referred to some other U.S. For example, 35 U.S.C. § 9 35 U.S.C. §

Intellectual Property 52

Intellectual Property Inventor Invention Copyright 52

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 107

Copyright Law Intellectual Property Law Public Domain 107

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. We should stop referring to consumers. Cue Taylor Swift reference.] Do we value easy to apply rules? Other forms of education?

Trademark 69

Trademark False Advertising Fair Use Branding 69