IP and Legal Filings

APRIL 1, 2024

This is quite the picture of how the Indian copyright laws are treating the employees who try to become such exceptional creators. This means that if an employee makes any copyright then the owner would have the title of that intellectual property unless there is an agreement stating otherwise. Unlike the U.S.A., Fox [3] and Wheaton v.

Ownership 84

Ownership Copyright Intellectual Property Contracts 84

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. I’m going to start by going back to some earlier cases, Two Pesos v. Taco Cabana, from 1992. Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

LexBlog IP

APRIL 26, 2023

Copyright Office originally granted copyright registration to a comic book titled “Zarya of the Dawn.” Kashtanova had written all text in the comic book entirely without the help of any other source or tool, including any generative AI program. On September 15, 2022, she submitted the Work to the U.S. Moreover, Ms.

Registration 52

Registration Copyright Editing Artwork 52

43(B)log

DECEMBER 1, 2022

Viacom made the Jersey Shore spin-off MTV Floribama Shore. The court of appeals affirms, on Rogers v. Grimaldi grounds, the district court’s grant of summary judgment to MTV on the resulting trademark claims. In “Ragtop Day,” Jimmy Buffett sings, “Get ourselves a cool one at the Flora-Bama, ya!”

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

Copyright Lately

NOVEMBER 8, 2022

That’s when a whole slew of popular books, stories and films first copyrighted in 1927 will enter the public domain in the United States. Not only does the film have one of the greatest titles in movie history, it features the first official motion picture appearance of comedy duo Laurel and Hardy. Here’s what it all means.

Public Domain 145

Public Domain Derivative Work Copyright Social Media 145

Technology & Marketing Law Blog

AUGUST 2, 2023

Copyright Office took a stance against generative-AI works, cancelling a copyright claim by author Kris Kashtanova for comic book images made with the aid of Midjourney. Copyright Office took a stance against generative-AI works, cancelling a copyright claim by author Kris Kashtanova for comic book images made with the aid of Midjourney.

Artwork 95

Artwork Blogging Art Copyright 95

The IPKat

NOVEMBER 20, 2023

The fame of Lewis Hamilton The Board found that famous persons enjoy special protection when applying for trade marks. Lewis Hamilton has won a joint-record seven World Drivers’ Championship titles, and currently holds the records for the most wins, pole positions and podium finishes, among others.

Art 105

Art Branding Brands Branding 105

The IPKat

JANUARY 4, 2023

Marcel Pemsel commented on a judgment of the General Court dealing with the difficulty of protecting tactile marks. A new year begins and will certainly bring with it new developments in intellectual property. But, first, it is time to review the IPKat posts issued over the holiday season.

Intellectual Property 67

Intellectual Property Advertising Advertising Marketing 67

SpicyIP

JULY 29, 2021

Their function is so fundamental, and presence so ubiquitous that the thought that fonts and typefaces are eligible for copyright protection, seems inconceivable at first. The legal position in India is that fonts do not enjoy copyright protection under its copyright law, i.e. under the Copyright Act, 1957 (page 5). Image from here.

Copyright 126

Copyright Artistic Work Copyright Law Fair Use 126

Kluwer Copyright Blog

OCTOBER 17, 2023

a and b ICESCR ) and the right to the protection of moral and material interests of creators (Arts. a and b ICESCR ) and the right to the protection of moral and material interests of creators (Arts. Algorithmic tools are gradually colonizing every creative sector, from being able to generate text (i.e., Deepbrain AI , Veed.io ).

Copyright 124

Copyright Art Copyright Law Licensing 124

The IPKat

JUNE 25, 2021

This book review is brought to you by Donal O’Connell, the Managing Director of Chawton Innovation Services, a company focused on IP Education, IP Consultancy and IP Solutions & Tools. The book offers great insights into this area and its practical implications. It explores how IP underpins technology transfer.

Intellectual Property 52

Intellectual Property Technology Higher Education IP 52

Kluwer Copyright Blog

AUGUST 25, 2023

The case of Evans v John Lewis Plc & Anor [2023] EWHC 766 (IPEC) is a copyright infringement claim in which the IPEC (a specialist IP court in the UK) was asked to decide whether John Lewis’s 2019 Christmas advert and an associated book infringed the copyright in a children’s book. It said this showed it had not copied the book.

Copyright 52

Copyright Copying Copyright Infringement Social Media 52

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.

Trademark 57

Trademark Public Domain Copyright Cease and Desist 57

The IPKat

MARCH 25, 2022

Such a case would inevitably make a reappearance, this time before the England and Wales High Court (EWHC), which found - in its decision of 2 March 2022 - that DC’s appeal should be dismissed once more. On 30 July 2020, DC filed a Notice of Opposition and Statement of Grounds. This decision was appealed.

Artistic Work 94

Artistic Work Registration Law IP 94

IP and Legal Filings

APRIL 8, 2023

Image Sources : Shutterstock] Protection Under Copyright Act, Licensing & Contractual Issues for the Celebrities A celebrity is a well-known person. Image Sources : Shutterstock] Protection Under Copyright Act, Licensing & Contractual Issues for the Celebrities A celebrity is a well-known person.

Privacy 77

Privacy Law Intellectual Property Music 77

JIPL Online

FEBRUARY 26, 2021

If the title sounds familiar, you are part of the reason Booking.com successfully trademarked “Booking.com” while paving the way for owners of similar marks to receive trademark protection. By: Mickey Tomlinson. The Decision.

Trademark 98

Trademark Registration Trademark Law Advertising 98

SpicyIP

MARCH 10, 2023

It is capable of writing articles, translating, summarizing and answering follow-up questions and can also create content that can be protected under copyright law. It is capable of writing articles, translating, summarizing and answering follow-up questions and can also create content that can be protected under copyright law.

Copyright 105

Copyright Copyright Law Ownership Copyright Infringement 105

IIPRD

JANUARY 5, 2023

Evaluating the original author of such works is of critical importance in order to protect and further encourage individuals to partake in the creative business of creating movies, even though the audience watching such works may be unaware of the internal conflict occurring between the various stakeholders involved in such creative process.

Intellectual Property 98

Intellectual Property Cinema Ownership Music 98

43(B)log

FEBRUARY 19, 2022

C’s first subject matter—maps, charts, and books—may help us think about what facts are (as distinguished from works?). Found three categories of cases distinguishable for how and why they protect/don’t protect certain subject matter, and all of them are not the same as “facts.” (1) Do I really know what a fact is?

Copyright 59

Copyright Moral Rights Artwork Art 59

43(B)log

FEBRUARY 4, 2023

Corrolary: fair use can be determined when new work is fixed in final form; determination won’t change after that; work can be performed or reporduced as a whole in any quantity, but reproduction or performance of part might remove the justifying context and be unfair: example—just the riff of 2 Live Crew’s Pretty Woman.

Fair Use 59

Fair Use Derivative Work Copying Marketing 59

SpicyIP

SEPTEMBER 11, 2023

Image from here In the previous months, I journeyed through the posts published in “ Junes ” and “ Julys ” of decades past on SpicyIP, tracking how some IP stories developed over the years. If you have missed the previous posts of this series or want to follow it, please check SpicyIP Flashbacks ! Here we go: 1. This was followed by Prof.

IP 105

IP Reporting Plagiarism Government 105

LexBlog IP

MAY 2, 2023

Some of these issues are specific to doing business with the government and others are broader issues that all companies face when using AI, and generative AI (GAI) in particular. This rapid increase in the use of AI creates a number of legal issues, some of which are addressed below. If you have not done so yet, now is a good time to get started.

Government 52

Government Business Copyright Licensing 52

JIPL Online

NOVEMBER 1, 2021

If a book lacks a satisfying ending, readers are free to write a new one. 1] Unlike the other two options for improving a consumer’s entertainment experience, modifying a video game title requires greater technical knowledge and time investment. 2] Mod creators may face legal consequences when they monetize their creations.

Derivative Work 59

Derivative Work Cease and Desist Blogging Litigation 59

SpicyIP

JANUARY 20, 2024

Source – From Flickr’s Kevin Lim “Are Some Scholars More Equal than Others?,” a question that Prof. Basheer raised in his 2018 post on the Politics of Patent Citation. Gladly, I “could” witness it because Swaraj instructed us to be conscious of the location of the scholars and the focused regions of scholarship. See also here ).

Government 112

Government IP Intellectual Property Reporting 112

LexBlog IP

FEBRUARY 28, 2022

2] Since we last discussed that decision on this blog in June 2021, [3] the Second Circuit reconsidered it following a subsequent landmark Supreme Court decision addressing fair use ( Google LLC v. 4] ), and issued a new decision in which it reached the same result. [5]. He did just that. Controversy” [8] : The Litigation.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

Herbert Smith Freehills

JULY 6, 2022

In the 1997 book Sovereign Individual , the authors envisioned a global cyber economy where individuals base themselves wherever they desired. In April and May 2021, Mr S participated in an auction of digital art held by Nifty, placing a bid for an NFT associated with an artwork by Beeple titled "Abundance". Arbitration in New York .

Artwork 52

Artwork Non-Fungible Tokens Business Contracts 52

43(B)log

FEBRUARY 23, 2024

But to deal with different holidays in different states, emergency legislation was passed within weeks so the Office would know how to count deadlines. But to deal with different holidays in different states, emergency legislation was passed within weeks so the Office would know how to count deadlines.

Registration 59

Registration Branding Brands Branding 59

Herbert Smith Freehills

JUNE 28, 2023

John Nagulendron 2.jpg Combine the competitive working practices in the legal profession with the high-achieving personality of the perfectionist lawyer and you have the typical recipe for burnout. There was always another problem to solve, or yet another important conference call or meeting to attend.

Business 52

Business Publishing 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

Introduction. The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings.

Settlement 52

Settlement Litigation Marketing Marketing 52

Trading Secrets

JUNE 3, 2022

Thanoo , 999 F.3d 3d 892 (3d Cir. 2021), the Third Circuit addressed the pleading requirements to assert a claim under Defend Trade Secrets Act (“DTSA”). In the case, a pharmaceutical company sued a former product development employee and his new employer in the District of New Jersey for misappropriation of trade secrets in violation of the DTSA.

Law 59

Law Confidentiality Designs Design 59

SpicyIP

FEBRUARY 17, 2023

The on-going Sci-hub/libgen litigation , which initially drew a lot of hullabaloo, has been going on for a bit over 2 years now, with little to no movement on any substantive issues. Instead, it has mostly been adjournments and procedural issues. India has a fairly robust research exception in Section 52.

Publishing 111

Publishing Copying Government Law 111

The IPKat

NOVEMBER 4, 2021

This is a book review of The Future of Intellectual Property , edited by Daniel J. As such, the book looks at both the need to, and the consequences of, changing primary rights, as well as whether adding secondary rights is a good idea, and if so, how and when. Gervais , Milton R. You have our curiosity, Phoebe Li!

Intellectual Property 141

Intellectual Property IP Ownership Law 141

SpicyIP

JUNE 26, 2022

I am delighted to take this opportunity to share with the SpicyIP community the release of my book, The Finished Article: Essays on Indian Designs Law (Thomson Reuters, 2022, ISBN-13: 978-9393702173). Chapter 2, In Any Other Country , takes up the subject of prior publication in designs law.

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Designs Design Law Intellectual Property 133

Michael Geist

JUNE 30, 2022

The decision signals how Bill C-11 could be used to regulate Internet content the CRTC deems contrary to Broadcasting Act policy objectives. The decision signals how Bill C-11 could be used to regulate Internet content the CRTC deems contrary to Broadcasting Act policy objectives. The N-word was used four times.

Music 145

Music Law 145

The IPKat

AUGUST 6, 2023

The book, titled Developments and Directions in Intellectual Property Law. And, speaking of the book, we are happy to re-publish the review that Bill Patry (Mayer Brown) provided of it, as just published by the Journal of Intellectual Property Law & Practice. Developments in Copyright and Image/Publicity Rights’ Part 3.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law Copyright Law 52

SpicyIP

JUNE 19, 2023

Image generated at [link] | image seed – 1322410509329700 While the Indian IP landscape continues to grow at a breakneck speed, it’s “interesting” to see how little of any discussion is rooted in facts and figures. That is, not just the last 1-2-3 decades but even prior to how the 1957 Act came about!

IP 104

IP Copyright Publishing Intellectual Property 104

LexBlog IP

JULY 21, 2021

The title of this piece tracks a common “ phrase of exasperation used to emphasize a question or statement.” That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation? society at $4.8

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Intellectual Property Invention Trademark Copyright 52