IP Watchdog

FEBRUARY 8, 2024

Independent Journal Review reversing a ruling that an online reproduction of a photograph of singer-songwriter Ted Nugent constituted fair use.

Fair Use 105

Fair Use Journalism Registration Copyright 105

43(B)log

APRIL 26, 2023

IDT created an ad for its products using two images of Montana post drivers for which Creager later obtained a copyright registration. The nature of the work didn’t disfavor fair use, since they were not particularly “creative or artistic” but were made to sell post drivers. The ads used the entire images.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

JD Supra Law

AUGUST 9, 2022

???????What additional value does a copyright registration confer on a run-of-the-mill neighborhood social media post? Not a lot, it appears. Earlier this year, the First Circuit affirmed the dismissal of a lawsuit brought by one neighbor against another. By: Dorsey & Whitney LLP

Social Media 52

Social Media Fair Use Copyright Registration 52

IP Watchdog

DECEMBER 10, 2021

This week in Other Barks & Bites: a recent GAO report makes several recommendations designed to improve the Department of Defense’s lack of expertise in IP valuation and licensing; The U.S.

Social Media 58

Social Media Fair Use Patent Application IP 58

Olartemoure Blog

NOVEMBER 29, 2023

Provides Stronger Defense: Registration helps defend your creations better in case of disputes. Copyright Protection: Protect your original works like photos, videos, and posts, so you can freely distribute and exploit them, but others will need your permission or a license to use it, unless “fair use” applies.

IP 105

IP Content Creation Intellectual Property Fair Use 105

The IP Law Blog

SEPTEMBER 14, 2023

Allen originally filed for copyright registration on September 21, 2022, but did not disclose that he had used an AI system to create the work. Allen did not agree to the request and continued to request copyright registration of the entire work. Therefore, Allen asserts the final work is eligible for copyright registration.

Art 120

Art Copyright Registration Fair Use 120

Technology & Marketing Law Blog

OCTOBER 17, 2022

” They mostly are a licensing organization, and their registrations are in a wide range of classes: “from articles of clothing and snacks to ‘orthopaedic foot cushions’ and ‘[p]atient safety restraints.'” The trademark registrations discourage that outcome. That’s messed up. How messed up?

Trademark 109

Trademark Fair Use Registration Licensing 109

Kashishipr

MAY 25, 2021

However, there are a few additional benefits that are attached to the registration. The process of seeking registration can be cumbersome and tedious. However, after the first registration is obtained, for every addition made in the form of a new video or a fresh write-up, supplementary registration may be required.

Intellectual Property 98

Intellectual Property Blogging Fair Use Registration 98

IIPRD

JANUARY 8, 2023

Copyright infringement & fair use. As informed, a copyright is a right that takes effect with the creation of the work, with registration required only in cases of legal difficulties or enforcement of economic rights. One of these exceptions is the Fair Use Doctrine. What is fair use in terms of copyright?

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Fair Use Copyright Law Intellectual Property 52

IP Law 360

JANUARY 3, 2022

Supreme Court fight involving fast-fashion giant H&M over when copyright registrations should be invalidated due to errors and a fair use battle over Andy Warhol's Prince portraits are just some of the major copyright cases to look out for this year. Here are the cases you need to watch in 2022.

Copyright 75

Copyright Fair Use Registration 75

JD Supra Law

JANUARY 26, 2023

Over the past year there were cases involving a variety of important issues, including the First Amendment, fair use, non-fungible tokens (NFTs), extraterritorial rights of the Lanham Act, copyright registration errors, data scraping, and more.

Non-Fungible Tokens 55

Non-Fungible Tokens Trademark Copyright Fair Use 55

Plagiarism Today

OCTOBER 4, 2022

Implied License – Second, Take-Two could have argued that, by placing the tattoo on Randy Orton, that Alexander granted an implied license for it to be used as part of his image, including on TV, film and video games. While these would be three defenses that Take-Two could claim, the jury only got the chance to weigh one, fair use.

Copyright 211

Copyright Fair Use Licensing Copyright Infringement 211

IP Law 360

JULY 24, 2023

Supreme Court held in a widely anticipated decision that Andy Warhol's portrait of musician Prince wasn't fair use, while the U.S. Copyright Office partially canceled a copyright registration on a comic book after finding its illustrations came from an artificial intelligence platform. In the first half of this year, the U.S.

Copyright 40

Copyright Reporting Fair Use Registration 40

Technology & Marketing Law Blog

DECEMBER 15, 2021

This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. ” Nevertheless, the successor licensee sent DMCA takedown notices to Amazon targeting the registrant’s stripped-down sticker. .”

Registration 111

Registration Fair Use Copyright Designs 111

LexBlog IP

NOVEMBER 28, 2023

But wait, shouldn’t the Fair Use Doctrine imputed under the First Amendment apply to an obviously parodied creative work? Table of Contents: Fair Use Under the Copyright Act How much risk are we talking here? Case Law: Instances Where Fair Use Was Not Upheld Andy Warhol Foundation for the Visual Arts, Inc.

Fair Use 52

Fair Use Intellectual Property Settlement Business 52

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 7, 2022

In recent years, she has played a key role in litigation surrounding the “Fearless Girl” statue, which was famously unveiled in New York City in 2017, as well as trademark litigation on behalf of travel metasearch engine Kayak. .

Intellectual Property 86

Intellectual Property Fair Use Litigation Trademark 86

Erik K Pelton

DECEMBER 20, 2022

And the number of active trademark registrations in the USPTO database is larger than ever. Additionally, since late December 2021, when new procedures went into effect, the USPTO has received around 100 expungement petitions and about 100 re-examination petitions to get rid of registrations for marks that are allegedly not in use.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

IP Whiteboard

JULY 8, 2020

The Supreme Court provided a detailed analysis on what makes a trade mark eligible for registration. Prime among the conditions for registration, the mark must be one “by which the goods of the applicant may be distinguished from the goods of others.” com” are capable of registration. what is known in the U.S.

Registration 40

Registration Branding Brands Branding 40

The IPKat

SEPTEMBER 27, 2023

The USCO will use this information to analyse the current state of the law, identify unresolved issues and to advise the Congress. Midjourney The Work On 21 September 2022, Mr Jason Allen applied for copyright registration before the USCO naming himself as the author.

Copyright 127

Copyright Registration Artwork Fair Use 127

Velocity of Content

MARCH 16, 2023

I speculated that this was an attempt to avoid a messy fair use dispute. As I also mentioned, Microsoft’s lawyers seem to think that fair use excuses copying for AI purposes everywhere, so I would expect Microsoft to try that defense here, given its lack of other arguments. is being used as code.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

IP and Legal Filings

JUNE 26, 2023

i] Cases and registrations indicate that registrability or successful enforcement of rights can happen only if such marks have acquired distinctiveness through use or where numerals are used as a fanciful device or when the numeral is used in a descriptive sense and not as a trademark.

Trademark 68

Trademark Fair Use Registration Branding 68

IP and Legal Filings

NOVEMBER 11, 2022

Voluntary registration for your copyright is available in China. Though your work is automatically protected by copyright the moment it is created, voluntary registration will provide proof of ownership, which can save you time and money in case of a dispute later on. Image Source: Istock].

Copyright 52

Copyright Fair Use Registration Ownership 52

Technology & Marketing Law Blog

OCTOBER 5, 2023

Emojico has trademark registrations in the word “emoji” for a ridiculously broad range of product categories–from (I’m not making this up) ship hulls to penis enlargers–and it then licenses the word to product manufacturers and defendants ensnared in its enforcement net. ” That’s true.

Trademark 120

Trademark Fair Use Trademark Law Branding 120

SpicyIP

APRIL 15, 2024

Here is our recap of last week’s top IP developments including summaries of posts on the India- EFTA TEPA, AP High Court’s curious findings on fair use, and Delhi High Court’s order imposing INR 1 lakh as damages on Google for failing to disclose information about their corresponding foreign applications. Read on to learn more.

Fair Use 59

Fair Use Licensing Trademark Patent Application 59

Technology & Marketing Law Blog

MARCH 11, 2022

Nevertheless, the registration is worthless because Newman qualifies for fair use. The court notes that a motion to dismiss “generally provides an unaccommodating vehicle for adjudicating fair use” because it’s an affirmative defense and often fact-dependent. ” Nature of Use.

Fair Use 102

Fair Use Copying Copyright Publishing 102

Dear Rich IP Blog

SEPTEMBER 26, 2023

If you have a registration in place three months before an infringement occurs, a judge has more freedom in awarding statutory damages - a range of punishments instead of just compensating you for out-of-pocket damages -- and attorney fees. You'll find help on website registration at the Copyright Office. Register your website.

Copyright Notice 59

Copyright Notice Copyright Cease and Desist Copying 59

LexBlog IP

SEPTEMBER 14, 2023

Allen originally filed for copyright registration on September 21, 2022, but did not disclose that he had used an AI system to create the work. Allen did not agree to the request and continued to request copyright registration of the entire work. were actually conceived and executed not by man but by machine.”

Art 52

Art Copyright Registration Fair Use 52

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 95

Fair Use Cease and Desist Copying Copyright Infringement 95

Kluwer Copyright Blog

FEBRUARY 2, 2023

.” (For a comment, see here ) The DABUS team (the Artificial Inventor Project ) starting testing copyright law back in 2018, seeking to register with the US Copyright Office (USCO) A Recent Entrance to Paradise , an image created by DABUS. Registration was refused in August 2019, in line with previous US case law and guidance.

Copyright 145

Copyright Art Fair Use Registration 145

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.

Fair Use 97

Fair Use Cease and Desist Copyright Trademark 97

Technology & Marketing Law Blog

JANUARY 25, 2023

After he was released from jail, he got copyright registrations for the photos and sued (pro se) the media entities for copyright infringement, 1202 violations, and more. Perhaps they have a fair use defense that would negate their need to request permission, but who knows? he’s not the sole or joint owner).

Copyright 124

Copyright Fair Use Licensing Ownership 124

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.

Copyright 98

Copyright Fair Use Copying Public Domain 98

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. Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v.

Copyright 126

Copyright Cease and Desist Fair Use Litigation 126

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.

Fair Use 103

Fair Use Cease and Desist Copyright Blogging 103

Intellectual Property Law Blog

OCTOBER 3, 2023

Another argument rejected was based on Allen’s suggestion that “fair use” relates to the determination of whether a work is copyrightable. The Office retorted that fair use is a legal doctrine that permits the unauthorized use of copyright-protected works in certain circumstances, but it does not address copyrightability.

Copyright 147

Copyright Copyright Law Artistic Work Ownership 147

SpicyIP

AUGUST 22, 2022

The bulk of the judgement focussed on the non-commercial social-commentary aspect of the game to carve out an exception for such use, which may result in future courts holding non-commercial use as a necessary condition. The Indian counterpart of fair use in trademark law is embodied in Section 30 of the Trade Marks Act, 1999.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

LexBlog IP

JULY 12, 2023

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. Platforms will typically also consider how a name is being used, including whether the name might be used in accordance with fair use principles.

Social Media 52

Social Media Branding Brands Branding 52