Intellectual Property – Page 4

AI Generated Art: Kelly McKerman v. Stable Diffusion and Midjourney

by Rosa NovaArtificial Intelligence, Intellectual Property, Litigation January 17, 2023January 7, 2024Comments are Disabled

A trio of artists — Sarah Andersen, Kelly McKernan, and Karla Ortiz — filed a lawsuit against AI art generators Stable Diffusion and Midjourney, and artist portfolio platform DeviantArt, which recently created its own AI art generator, DreamUp, alleging that these organizations have infringed the rights of “millions of artists” by training their AI tools on five …

Jack Daniels – Heightened 1st Amendment Protection For

by Rosa NovaIntellectual Property, Litigation November 30, 2022May 20, 2023Comments are Disabled

The United States Supreme Court has granted certiorari to Jack Daniel’s distillery in its appeal of a Ninth Circuit decision holding that a dog toy manufacturer’s use of the Jack Daniel’s trademarks and label design is expression protected by the First Amendment. The noted whisky manufacturer, undaunted by the Supreme Court’s denial of cert in …

Andy Warhol Foundation v. Goldsmith, More Fair Use Before SCOTUS

by Rosa NovaArt, Intellectual Property, Litigation October 13, 2022May 22, 2023Comments are Disabled

All eyes were on SCOTUS yesterday as the court heard arguments in the Warhol Prince case. I always look forward to copyright judgments from this court. This is another case on the application of the fair use doctrine or what I endearingly call, the \”whatever-you-can-get-away-with doctrine\”. Andy Warhol Foundation for the Visual Arts Inc. v. …

Facebook Hit With $175M Patent Infringement Verdict In Instagram Live

by Rosa NovaIntellectual Property, Litigation September 22, 2022No Comments

The $175M verdict awarded yesterday by an Austin, TX jury in favor of walkie-talkie company Voxer is the latest in the IP infringement portfolio of Meta, the company formerly known as Facebook, this time for using communications technology patented by Voxer in its Facebook Live and Instagram Live features. Voxer first filed its lawsuit against …

Galaxy Report On NFT Rights; What About Web3 to Web2 User Generated Content

by Rosa NovaArt, Cyber-Incidents, Intellectual Property, Litigation, Metaverse, Reform August 23, 2022May 22, 2023No Comments

For some reason, many people still believe that buying an NFT gives them ownership over intellectual property in original works. The Galaxy Report may have found the culprit of this widespread misconception: intentional misrepresentation. As if you didn\’t know that buying an mp3 doesn\’t give you IP rights to the song encoded in it. You …

Miramax and Tarantino Lawsuit To Clarify NFT Rights

by Rosa NovaArt, Intellectual Property, Metaverse August 22, 2022January 7, 2024Comments are Disabled

Since last year\’s NFT craze, it is customary to mint unique NFT\’s from original storylines and film characters as cross promotion of new and upcoming films. However, misconceptions around NFT rights (being seen as a new form of intellectual property which they aren\’t), has given some individuals impetus to mint pre-existing IP rights that don\’t …

$23M Royalties Scam On Youtube – Tip of The Iceberg – Reveals Voluntary Blindness

by Rosa NovaEntertainment, Intellectual Property, Litigation August 15, 2022One Comment

On Youtube, just about anyone can claim copyright in just about any video for the purpose of monetizing, regardless of whether they own a fragment of a copyright or not. You will only hear about it when someone gets too greedy (in the range of $23M) after claiming over 50,000 copyrights, buying a series of …

Fair Use Doctrine: Pablo Picasso Copyright Case Reversed

by Rosa NovaArt, Intellectual Property, Litigation July 14, 2022June 22, 2024Comments are Disabled

In the latest high profile case involving alleged fair use of Pablo Picasso’s work in a book on the subject, The United States Court of Appeals for the Ninth Circuit reversed a 2019 federal district court’s ruling deeming French court’s judgment in that matter was unenforceable under U.S. law. The case is notable for the …

Metaverse Fashion Week 2022 and What on Earth Are NFTs?

by Rosa NovaArt, Entertainment, Intellectual Property, Metaverse July 11, 2022May 22, 2023Comments are Disabled

The Jonathan Simkhai Online Store features both virtual and regular designs. My last post on the metaverse turned into a 3000 word paper, but we only covered part of the foundation of the metaverse. I\’ll take the opportunity in this post to discuss non fungible tokens (NFT). Take a deep breath. We saw that the …

Privilege in IP Litigation

by Rosa NovaIntellectual Property, Litigation December 29, 2021No Comments

Section 16.1(1) of the Patent Act was last amended in 2016 to extend privilege to communications made for the purpose of seeking or giving advice with respect to any matter relating to the proection of an invention. In Janssen Inc and Mitsubishi Tanabe Pharma Corp v. Sandoz Canaa Inc., 2021 FC 1265, the Federal Court …

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