Kashishipr

AUGUST 31, 2022

Copyright’s relationship to IP is that it is just another form of IP, like trademarks, patents, and industrial designs. When you enforce your copyright, you enforce your copyright-related rights, which fall under Intellectual Property Rights (IPRs). not physical) creations of the human intellect.

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

The IPKat

MAY 11, 2022

The Kluwer Trademark Blog reported on the proposed independent EU regime for CIPs and other findings in a related article. COPYRIGHT Likelihood of confusion posted about a recent Massachusetts copyright decision involving moral rights. What are the next steps?

Blogging 62

Blogging Moral Rights IP Registration 62

The IPKat

JULY 21, 2023

Intellectual Property The EC’s comments on each of the IP rights in virtual worlds are primarily found in the Staff Working Document. Interestingly, it notes that it will be “necessary to examine whether trademark protection needs to be strengthened by legislative means”.

Moral Rights 52

Moral Rights Copyright Infringement Designs Design 52

The IPKat

NOVEMBER 14, 2021

moral rights. The Kluwer Trademark Blog analyses the interface between geographical indications and trade marks in light of a recent German Supreme Court’s decision, which highlighted that the geographical indication regime does not preclude protection of qualified geographical indications by way of national collective trade marks.

Blogging 113

Blogging IP Moral Rights Artwork 113

IP and Legal Filings

JUNE 27, 2022

PART 1: of the blog discussed about history, development, fundamentals of IPR and explained Patents and Trademarks. Just like trademarks, registration for them is not mandatory, but if it is registered the protection becomes airtight. The blog is divided into two parts and this is part 2 of the blog.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52

SpicyIP

MAY 1, 2023

Moral rights What about the moral rights of the individuals whose works form a part of the training database and are used by AI in a different context? There needs to be transparency about the manner in which a training dataset has been obtained/licensed by the AI developer.

IP 129

IP Licensing Fair Use Moral Rights 129

SpicyIP

JULY 11, 2021

Vempati Ravi Shankar – Facebook Copyright Dispute: Issues on Moral Rights and Posthumous Enforcement of Celebrity Rights. The plaintiff also claimed violation of moral rights and infringement of posthumous celebrity rights. Call for Submissions: The Journal of the Patent and Trademark Office Society (Vol.

Moral Rights 105

Moral Rights Journalism Licensing IP 105

The IPKat

NOVEMBER 21, 2021

Global trademark and design applications boom in 2020! The International Trademark Association (INTA) held its 2021 Annual Meeting Virtual+ in a hybrid format consisting of five days of sessions (November, 15-19) in New York, Berlin and Los Angeles. Is Europe running out of trade marks? The review is published in 4 different parts!

Blogging 73

Blogging IP Moral Rights Copyright 73

IP and Legal Filings

APRIL 19, 2023

Personality rights are divided into two categories: first, the right of publicity, which protects individuals from having their likeness or image used for commercial purposes without their consent or financial compensation. This right is similar to the use of a trademark but not the same.

Personality Rights 77

Personality Rights Privacy Moral Rights Copyright 77

IP and Legal Filings

MARCH 28, 2024

V RGV Film Factory” [4] , the court rules that a movie title’s eligibility for trademark protection depends on its acquisition of secondary meanings and uniqueness. [5] MK, An analysis on Protection of film titles under Trademark Law , Surana & Surana (Dec. 20, 2023) [link] [10] Arbaaz Khan Production (P) Ltd.

Cinema 80

Cinema Copyright Blogging Registration 80

Olartemoure Blog

MAY 13, 2022

12/05/22 – Trademarks. The individual fees will increase by between 2-6 Swiss Francs for subsequent applications or appointments of International Trademark Registrations, and between 2-3 Swiss Francs for renovations. . of the Madrid Protocol. 12/05/22 – International Trade.

Non-Fungible Tokens 52

Non-Fungible Tokens Intellectual Property Moral Rights Contracts 52

Garrigues Blog

JUNE 29, 2023

Trying to provide effective, balanced and adequate protection of traditional cultural expressions and recognizing the intellectual property rights that local communities and indigenous peoples hold with regard to those expressions pose a real challenge in legal terms.

Intellectual Property 59

Intellectual Property Moral Rights Designs Design 59

LexBlog IP

AUGUST 30, 2023

1) He made this request on grounds including trademark law and unfair competition law. Articles 4(1) and (3) concern the individual powers of the author on moral rights and article 12(2) concerns the transfer of intellectual rights (property and moral). dishes and seasonings) as works of IP. (1) Emphasis added.)

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

IP and Legal Filings

OCTOBER 11, 2022

Living in an era where influential personalities are reverenced, fortifying Personality Rights from any such misuse is a must. One such avenue to safeguard such rights is through the way of Copyright and Trademark. PERSONALITY RIGHT. Image source: Shutterstock]. In the case of Gautam Gambhir.

Personality Rights 52

Personality Rights Artistic Work Trademark Copyright 52

Kluwer Copyright Blog

AUGUST 12, 2021

57 of 1939 for the Protection of Trademarks and Trade Information and the law no.354 It’s worth noting that the ECL remained faithful to its original “author’s rights identity”, similarly to its French counterpart. Hence, the ECL allocates right holders a wide bundle of exclusive rights (art. by Tito Rendas. €

Copyright 103

Copyright Moral Rights Copyright Infringement Marketing 103

IP and Legal Filings

MAY 13, 2024

Is copyright, patent, or trademark infringement applicable to AI creations or not, and who owns the material that AI platforms generate for you or your clients is still an unanswered question. This way of doing things with the help of generative AI technology carries numerous legal challenges of intellectual property violation.

Copyright 86

Copyright Intellectual Property Ownership Technology 86

The IPKat

MAY 29, 2023

The second edition offers revised, or wholly rewritten chapters to the overlaps discussed in the first edition so as to reflect recent developments, as well as to include new chapters (the overlap between privacy and copyright law; privacy and secrecy; trademarks certification marks and collective marks; and IP and traditional knowledge).

Intellectual Property 89

Intellectual Property Editing Privacy Moral Rights 89

LexBlog IP

JULY 17, 2023

The growing popularity of art generated by Artificial Intelligence (AI) is no longer just a question of whether it is morally right to replace human artists. Now the discussion has expanded to consider the possible legal ramifications of art that is produced with an algorithm based on the data of other existing art styles.

Intellectual Property 52

Intellectual Property Art Artwork Moral Rights 52

SpicyIP

JULY 23, 2023

Case Summaries Delhi High Court grants a permanent injunction to Allied Blenders in a trademark infringement case concerning ‘Officers Choice’ Image from here Allied Blenders and Distillers Pvt. The plaintiff is the proprietor of the well known trademark “Ralph Lauren Polo” and alleged infringement by the defendant’s use of “Polo Lifetime.”

Trademark 98

Trademark IP Higher Education Moral Rights 98

IP and Legal Filings

APRIL 26, 2023

Nelson, Moral Rights in the United States, available at: [link] site/copyright/2017/07/21/moral-rights-in-the-united-states/ [4] With respect to cinematographic works, the countries that protect the author rather than the author’s employer include Belgium, Denmark, Germany, France, and Italy. 106A [3] Marley C.

Copyright 52

Copyright Music Moral Rights Ownership 52

43(B)log

JUNE 26, 2023

It excluded knowing violation of the rights of another, and injury “arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. The court concluded that the ROP is an intellectual property right.

Advertising 72

Advertising Advertising False Advertising Intellectual Property 72

SpicyIP

FEBRUARY 27, 2024

On the trademark side, relevant is this post by Bhavya Solanki and Medha Bhatt discussing the applicability of the fair use provisions of trademark law to the unauthorized use of trademarks in the virtual world. Google, particularly looking into ‘consent’ and the moral rights of a performer.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

SpicyIP

JULY 14, 2023

That’s right, because he focused more on patents — their ever-greening, their negative social impact — where facts are your primary weapons. Although clubbed under IP, copyright is a world away from patents and trademarks, and when you talk about history, facts need to be placed in their context and perspective. Let’s dive in.

Moral Rights 93

Moral Rights Publishing Copyright Music 93

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Bolt Technology v. First, in Toyota v. Tech Square which was passed against a cancellation petition filed by Toyota against the registration of “Alphard” by Tech Square.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

AUGUST 11, 2022

The Right to Speak a Brand: Rethinking the Interaction Between Trademarks and Speech in the Age of Expressive Branding Alvaro Fernandez-Mora Tweak of original mark to convey parody/comment: adictas three cocaine stripes v. Gerhardt: compare right of publicity, moral rights?

Ownership 80

Ownership Moral Rights Copyright Branding 80

Velocity of Content

MARCH 16, 2023

Almost as interesting is the trademark/Lanham Act claim. In the Complaint, Getty is including images which show AI-generated distortions of Getty’s trademarks and watermarks on images created by the Defendant’s system, presumably trained using Getty works without consent from Getty. This will be hard to defend.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

IP and Legal Filings

MARCH 1, 2022

The Protection of Traditional Knowledge and Cultural Expressions Act (PTKCEA), 2016 passed by the Kenyan government elaborated categorically upon the IP rights of traditional communities. Section 21(2) (c) of the Act confers the right not to have TK and cultural expressions subject to derogatory treatment.

Intellectual Property 68

Intellectual Property Branding Brands Branding 68

The IPKat

SEPTEMBER 30, 2022

She shared the view that when possible the litigation should be concentrated in a single venue and that current rules seem fit for copyright, that contrary to patents and trademarks aren’t registered rights (and for…Italian torpedoes, this Kat would add).

Reporting 91

Reporting Copyright Intellectual Property Moral Rights 91

IP and Legal Filings

FEBRUARY 20, 2024

Protecting personality rights has become a growing problem in India due to deepfakes, morphed pictures, etc. In between these problems came Delhi High Court’s judgement in favour of Anil Kapoor wanting to get personality rights. What the Right of Publicity Can Learn from Trademark Law. L., & Lemley, M.

Personality Rights 62

Personality Rights Privacy Social Media Intellectual Property 62

SpicyIP

JULY 13, 2021

However, it needs to be pointed out that the court has explicitly mentioned in the order that “celebrity rights is a bundle of rights comprising of Intellectual Property rights and privacy rights.” Thereby the court is acknowledging the enigmatic nature of this right- as both property and moral right.

Privacy 105

Privacy Personality Rights Moral Rights Copyright 105

SpicyIP

DECEMBER 20, 2023

Speaking of late movie stars, one may wonder about the posthumous enforcement of celebrity rights. If you are the one wondering this, then see Karishma Karthik’s two-part post examining the moral right of integrity and its potential as a tool in protecting the authors posthumously.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

LexBlog IP

AUGUST 31, 2022

VIP Products LLC on the trademark side (on which the plaintiff is now seeking certiorari from the Supreme Court), and Sketchworks Industrial Strength Comedy, Inc., Humor is also central to trademark infringement claims through notions of parody, and as part of copyright claims through satire. Falwell did years ago.

Fair Use 52

Fair Use Trademark Moral Rights Law 52

LexBlog IP

DECEMBER 19, 2022

The first Italian judgment granting a preliminary injunction concerning NFTs (that were deemed to be infringing trademark rights, see our post here ) has been followed by another European judgment on the matter: at the end of October 2022, the Commercial Court of Barcelona issued a partial preliminary injunction, ordering the custody of the allegedly (..)

Copyright 52

Copyright Due Diligence Moral Rights Social Media 52

IIPRD

JANUARY 29, 2023

However, the conversation being considered as a contract between them was unclear regarding the IP rights. The creator was vague in terms of rights that they will keep in terms of moral rights or was it an implied license as terms were not clearly stated though there was a transaction.

IP 52

IP Artwork Contracts Intellectual Property 52

LexBlog IP

MAY 18, 2022

The protection of moral rights, including the rights of publication, authorship, alteration, and integrity, is perpetual. The term of protection in China is the life of the author plus 50 years for individual authors or 50 years from the first publication of the work for legal entities, unless otherwise provided.

Designs 52

Designs Design Copyright Artistic Work 52

IP and Legal Filings

JANUARY 22, 2024

The connecting line of recognition of copyright can be drawn back to the ancient times, when Roman jurists like Gaius and Justinian discussed the concepts of incorporeal property, to the enlightenment era where philosophers such as John Locke and Immanuel Kant contributed to the aspects of intangible property (such as copyright, trademark, etc).

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

JIPL Online

APRIL 9, 2021

Trademark, another form of intellectual property, is threatened by genericide and derivative use because such uses may dispossess the rights holder of their entitlement. Keller, Recognizing the Derivative Works Right as a Moral Right: A Case Comparison and Proposal , 63 Case W. Zywicki & Thomas J.

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Copyright Infringement Copyright Intellectual Property Blogging 98