The IPKat

APRIL 30, 2024

Anastasiia Kyrylenko, our GuestKat, exploring the case of subsequent overlap between trademark and copyright protection and its implications for the public domain. And in a world brimming with trademarks, what is the ultimate purpose of the public domain? Is the overlap of different IP regimes genuinely problematic?

Reporting 62

Reporting Copyright Public Domain Law 62

Kluwer Copyright Blog

APRIL 29, 2024

Image via Staatliche Museen, Berlin, Gemäldegalerie / Christoph Schmidt Public Domain Mark 1.0 In this context of international and EU legal obligations to protect cultural rights, the EU has set a legal imperative to protect the public domain.

Public Domain 130

Public Domain Artwork Copyright Marketing 130

Plagiarism Today

MAY 11, 2022

However, an element of the bill would make it retroactive for all companies with a market cap of $150 billion, an amount Disney exceeds. This would put all of Disney’s work from roughly 1995 (or 1967) forward into the public domain. 2: Riot Games sues Mobile Legends: Bang Bang for Plagiarism—Again.

Plagiarism 189

Plagiarism Public Domain Copyright Law Copyright 189

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

Kluwer Copyright Blog

APRIL 5, 2023

Opposing the claimants’ arguments, Ravensburger challenged the cross-border application of Italian law, alleging that the claims conflict with article 14 of Copyright Directive in the Digital Single Market (CDSM) Directive since they attempt to unlawfully impose property assertions on public domain works. 633/1941, l.

Public Domain 98

Public Domain Copyright Law Artwork 98

Kluwer Copyright Blog

DECEMBER 5, 2022

As a result, AR may be attractive not only to potential users of the cultural heritage-related services, but also for market operators with commercial interests. However, as mentioned, AR can also be developed by third parties, and in particular by market operators that have no initial connection with bodies managing cultural heritage.

Copyright 103

Copyright Public Domain Art Moral Rights 103

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. Public Domain. In a wider sense, what is public and what is private has important innovation and societal effects.

Copyright 52

Copyright Public Domain Marketing Marketing 52

Intepat

APRIL 2, 2022

It gives the inventor or patent owner exclusive rights and prevents others from manufacturing, selling, or marketing the invention. Patents give you the much-needed competitive edge in the market. Firstly, it prevents other organizations from copying the invention, thereby lowering the risk of competitors in the market.

Invention 105

Invention Patent Inventor Intellectual Property 105

JIPL Online

MARCH 15, 2021

2] While most Sherlock Holmes stories are now in the public domain, the estate alleged that some works and character elements regarding Sherlock Holmes are still protected by copyright. [3] 5] Netflix and the estate quickly settled. [6]. 5] Netflix and the estate quickly settled. [6]. 9] Both parties reached an amicable settlement. [10]

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

Velocity of Content

OCTOBER 31, 2022

It’s certain that the textbook market of 10 years from now will bear little resemblance to today’s market, even if we don’t know exactly what it will look like,” Rosenblatt declared. Click below to listen to the latest episode of the Velocity of Content podcast.

Higher Education 52

Higher Education Public Domain Publishing Marketing 52

Kashishipr

DECEMBER 28, 2021

FTO is a pretty simple and straightforward concept, which implies that at a given point in time, no Intellectual Property (IP) from any third party is infringed upon a given product or service in a given market or geography. Without any doubt, stepping into patent litigation can be uncertain, full of risks, and expensive.

IP 105

IP Patent Invention Licensing 105

Kashishipr

APRIL 20, 2022

The North American Free Trade Agreement defines a trade secret as “Information having commercial value, which is not in the public domain, and for which reasonable steps have been taken to maintain its secrecy.”

Intellectual Property 119

Intellectual Property Confidentiality Public Domain Business 119

43(B)log

AUGUST 4, 2023

Institutional precarity: Declining trust in markets, not in IP law. Creators experience these practices as coercive, hostage-taking, and the effect is on attitudes towards market structure. That’s the domain of other kinds of laws, like antitrust. public interest opposed in those cases and in Kirtsaeng.

Public Domain 52

Public Domain Contracts IP Privacy 52

TorrentFreak

DECEMBER 1, 2023

New Lawsuit, New Determination Filed at a Washington court early August 2023, a new complaint alleging copyright infringement, breaches of the DMCA, and civil RICO violations, among others, targeted up to 50 developers, marketers, customer support staff, and sellers of Destiny 2 cheating software offered by Ring-1.

Public Domain 106

Public Domain Copyright Infringement Privacy Reporting 106

Intepat

MAY 4, 2023

While one aims to regulate and ensure that markets operate efficiently in a fair and competitive manner, the other aims to grant a certain level of protection which may be considered to have monopolistic tendencies. After the period of protection, the inventions and information surrounding it fall into the public domain.

Law 52

Law Patent Settlement Inventor 52

Velocity of Content

OCTOBER 1, 2022

They are marketed and they attract readers. And they have good margins—remember, this mostly public domain content except for the forewords.”. The Digital Public Library of America has also announced plans for a free e-book edition. “These published editions are a big deal,” Albanese explains.

Reporting 52

Reporting Editing Public Domain Publishing 52

TorrentFreak

AUGUST 7, 2023

With no announcements from Sky or the Premier League, and the associated court orders not yet in the public domain, the scope of the Sky order remains unclear. Genip.tv, which is linked to geniptv.com, appeared in the MPA’s submission to the USTR’s Notorious Markets report 2021.

Branding 83

Branding Brands Branding Public Domain 83

Velocity of Content

APRIL 21, 2022

When I was a young reader, my mother used to buy me collections of “classics” — mostly 19 th novels in the public domain – that were out of copyright due to their terms having expired. Another aspect of such public domain classics might be phrased, “books that everybody values, and nobody pays for.”.

Copyright 40

Copyright Public Domain Publishing Marketing 40

The IPKat

MAY 4, 2023

The planned SEPs regulation is written from the perspective of enhancing transparency in markets for standard essential patents and fostering predictability of wireless communications markets. Voices Heard on the Proposal In conversations with market participants and judges, I heard mixed opinions.

Patent 93

Patent Public Domain Marketing Marketing 93

Kluwer Copyright Blog

JUNE 19, 2023

Alternatively, the terms and conditions of the online marketplace where the NFT is marketed may state that the sale of the NFT is complemented by an IP rights assignment in the related digital asset, tethering copyright ownership to NFT ownership (the crypto-native approach) (see, for example the Bored Ape Yacht Club ( BAYC )).

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

The TTABlog

DECEMBER 13, 2022

Most of the issued patents cited in this brief have expired, meaning that the disclosed features are in the public domain. To conclude that TBL can strip the public's right to copy and benefit from these features today would be antithetical to the pro-competitive objectives of both trademark and patent law.

Designs 96

Designs Design Advertising Advertising 96

The IPKat

NOVEMBER 14, 2022

a wise cat that care about environment kindly provided in CC0 Public Domain license by Pixhere.com) Having to make a selection among the many topics covered, this GuestKat finds it interesting to note that during the conference the EPO case G2/21 on 'plausibility', was repeatedly discussed from different angles.

IP 76

IP Marketing Marketing Confidentiality 76

Kashishipr

MAY 25, 2022

Patent Rights exclude others in the industry or market from manufacturing, using, selling, distributing, or importing the patented product or process. By performing a patent search, you can get an indication of what all information is available and accessible in the public domain concerning the proposed invention.

Patent 78

Patent Patent Application Inventor Invention 78

The IPKat

MARCH 21, 2022

Is it centralized or decentralized; are there anticompetitive effects; is there market concentration? But even before software became a commercial proposition with its own market power (and lush profits), a countermovement arose, what we call open-source software. It is useful to examine this narrative. Generic license.

Marketing 86

Marketing Marketing Public Domain Licensing 86

Biswajit Sarkar Copyright Blog

DECEMBER 8, 2021

However, getting a patent is not enough to sell your product in the market. Patents last for a period of 20 years after which they are available in the public domain and can be freely used by others. Any infringement thereby is actionable and you have the right to stop others from using or selling your invention.

Patent 52

Patent Public Domain Invention Inventor 52

Patently-O

APRIL 17, 2024

Dawgs alleged that Crocs falsely marketed its “Croslite” shoe material as “patented,” “proprietary,” and “exclusive” when in fact the material ethyl vinyl acetate, a well known compound used by many footwear companies. Crocs largely prevailed in those actions.

False Advertising 113

False Advertising Advertising Advertising Patent 113

The IPKat

DECEMBER 23, 2023

Long before the Plant Patent Act of 1930 , the booming market for seeds in nineteenth century America brought with it a proliferation of "thieves of names and novelties." The other two chapters turn to the conceptualisation of nature in patent law. Like many contributions in this volume, the chapter draws on a wealth of archival materials.

Intellectual Property 73

Intellectual Property Designs Design Intellectual Property Law 73

The IPKat

JULY 30, 2023

This might slow down the development of this market in Europe. Instead, in the opinion of the author, AI-generated works should immediately enter into public domain. Drawing a parallel with the lack of real impact of the database right, Fernández suggests policymakers should avoid creating a special right for AI-generated works.

Art 52

Art Copyright Database Right Public Domain 52

TorrentFreak

AUGUST 7, 2022

At the other end of the market, cutting costs to maximize slender advertising revenues appears to be more important than a glossy user experience. In addition to channel sources and analytics accounts, advertising affiliates are shared across multiple domains. Court Filing Targets Streaming Sites. Other Sites in the Same DMCA Subpoena.

Public Domain 129

Public Domain Advertising Advertising Copying 129

Patently-O

AUGUST 10, 2021

The article’s thesis: [Sometimes] patents create incentives to bring a product to market in a way that is relatively harmful to consumers, and the existence of a patent (and the associated rents) discourages the patentee from taking steps to improve the product so as to prevent the adverse health outcomes.

Patent 100

Patent Public Domain Marketing Marketing 100

Technology & Marketing Law Blog

DECEMBER 27, 2023

His defense is that the work he used was free for all; after his victory, that work remains in the public domain for others to build upon. The post 2023 Quick Links: IP, Keyword Ads appeared first on Technology & Marketing Law Blog. A successful defendant, by contrast, recovers nothing he didn’t already have.

IP 72

IP Advertising Advertising Copyright 72

Technology & Marketing Law Blog

JANUARY 25, 2023

Though the court doesn’t have cross words for the media defendants, this apparently is another example where media publishers treated publicly available photographs as public domain photographs. NYP appeared first on Technology & Marketing Law Blog. The complaint. –Shah v.

Copyright 124

Copyright Fair Use Licensing Ownership 124

Technology & Marketing Law Blog

AUGUST 2, 2023

Do these creations belong to the artists or the public domain? The post How A Century-Old Insight of Photography Can Inform Legal Questions of AI-Generated Artwork (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Do creators who use generative AI maintain copyright in their creations?

Artwork 95

Artwork Blogging Art Copyright 95

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 111

Marketing Marketing Copyright Copyright Law 111

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 86

Public Domain Licensing Intellectual Property Designs 86

The IPKat

JANUARY 18, 2022

Also, there are numerous rulings in Italy along the lines of the one commented on herein which have held the requirement of periculum in mora to be absent when (any form of) marketing had already been started by the applicant. So much for commercial certainty, says Merpel. license.

Intellectual Property 73

Intellectual Property Marketing Marketing Public Domain 73

Kluwer Copyright Blog

MARCH 14, 2022

Attempting to pre-empt the advancement of AI in the late 1980s, they reflect neither the contemporary technological reality of algorithmic and ML achievements nor our shared expectations from technological and market developments. Attaching to that output long term proprietary claims risks paralysing the public domain.

IP 60

IP Public Domain Copyright Intellectual Property 60