top of page
Writer's picturePoorvika Chandanam

IP News Update September 2024

Updated: Oct 20

Artist Appeals U.S. Copyright Decision Rejecting Copyright for AI-assisted Artwork


Colorado Springs Artist Jason M. Allen appealed a U.S. Copyright Office (“the Office”) decision after the Office denied registration for his AI-assisted artwork "Théâtre D'opéra Spatial." Allen created the image using Midjourney (a generative artificial intelligence program) and later edited it with Photoshop. However, the Office denied copyright protection, stating that AI-generated works lack human authorship. Allen argues that his creative input should qualify the work for copyright protection. He claims the copyright rejection has impacted his career, devaluing his work and allowing unauthorized use.


Ice Spice Settles Lawsuit Filed by Brooklyn Rapper D.Chamberz


Ice Spice, an American rapper has settled a lawsuit filed by Brooklyn rapper D.Chamberz, who accused her of copying elements from his 2021 track "In That Mood" for her hit song "In Ha Mood." D.Chamberz claimed that the songs were strikingly similar in terms of beat, lyrics, and structure and that his track had received radio play in New York, which could have exposed Ice Spice and her producer RiotUSA to it. The lawsuit, which involved major labels like Universal Music Group and Capitol Records, was dismissed after both parties settled in September 2024. While the settlement terms were not disclosed, the case was dismissed with prejudice, meaning it cannot be refiled.


Boy with “Skywalker” Middle Name Faces Passport Issues due to Potential Copyright Infringement 


Skywalker Mowbray, a 7-year-old boy in New Zealand, was denied a passport due to concerns over potential copyright infringement tied to his middle name, "Skywalker," from the "Star Wars" series. The UK Home Office initially rejected the passport application, advising the family to either change the boy's name or seek permission from Disney, which holds the copyright to the name. Loki received his name because he was born on May 4th, known as "Star Wars Day". After media attention and a review of the situation, the Home Office eventually reversed its decision, allowing the family to proceed with their holiday plans. 


Miley Cyrus Faces Copyright Infringement Suit for Flowers


Miley Cyrus, an American singer who recently won her first Grammy award for her song, “Flowers”, is being sued by Tempo Music Investments, alleging that "Flowers" copies elements from Bruno Mars' 2012 track "When I Was Your Man." The lawsuit claims the two songs have similarities in chord progressions, melody, and lyrics. While Mars is not a plaintiff in the case, the lawsuit seeks damages and aims to stop Cyrus from performing or distributing “Flowers”. 


Mark Zuckerberg is set to Face a Deposition in a Copyright Infringement Lawsuit


Mark Zuckerberg is set to face a deposition in a copyright infringement lawsuit brought by authors Sarah Silverman, Richard Kadrey, and Christopher Golden. The authors accuse MetaInc. of illegally using their works to train its artificial intelligence systems. A U.S. District Judge recently denied Meta's request to prevent the deposition, stating that there is ample evidence of Zuckerberg's significant involvement in the company's AI initiatives, including direct supervision of AI products​. 


Marvel and DC Lose Their Joint Trademark Over the Term "Super Hero" 



Marvel Characters, Inc. and DC Comics have lost their joint trademark over the term "Super Hero," according to a decision made by the U.S. Patent and Trademark Office's Trademark Trial and Appeal Board on September 26, 2024. This trademark had been held by both companies since 1967 and allowed them to control the use of "Super Hero" in branding, merchandise, and media. The issue arose when London-based comic artist Scott Richold, creator of "Super Babies," challenged Marvel and DC's "Super Hero" trademark by arguing that the term "Super Hero" is generic and should not be owned by any single entity. Marvel and DC's failure to respond to the petition within the deadline, resulted in the cancellation of their trademark rights. This ruling opens the term "Super Hero" for public use, meaning other creators can now freely use it without legal repercussions from Marvel or DC. While the two comic giants may attempt to appeal the decision, no steps have been taken so far. 


Revlon Accuses Former Employees of Stealing Britney Spears Fragrance Trade Secrets 


Revlon Consumer Products LLC (“Revlon”) has accused its former employees of stealing trade secrets related to its Britney Spears fragrance line. Revlon claims that the ex-employees took confidential information about product formulas and marketing strategies when they left to work for a competitor. Accordingly, it has filed a lawsuit to prevent further use or disclosure of the stolen secrets, asserting that the theft jeopardizes its competitive edge in the fragrance market. 


Nintendo and The Pokémon Company sues Pocketpair to Protect their Patents


Nintendo Co., Ltd., a Japanese multinational video game company along with Japan-based The Pokémon Company have filed a patent infringement lawsuit against Pocketpair, the developer of Palworld, in the Tokyo District Court. The lawsuit claims Palworld infringes on multiple patents related to mechanics used in the Pokémon franchise, particularly capturing creatures in the game. Fans and industry observers have noted the similarities between the games, leading to speculation that the lawsuit could set a precedent in the gaming industry and the protection of patents.


Nokia Wins Patent Battle Against Amazon


The Munich Regional Court granted Nokia a Germany-wide injunction against Amazon's video streaming devices, such as the Fire TV Stick, due to patent infringement related to video decoding technology. Nokia had accused Amazon of selling these devices without a proper license, and the Court sided with Nokia and found that Amazon did not negotiate licensing terms in good faith, while Nokia met its FRAND obligations. FRAND (Fair, Reasonable, and Non-Discriminatory) obligations are a set of commitments that patent owners make to license their patented technologies on fair terms. 


Patent Application for HIV Prevention Drug Lenacapavir Sparks Concerns in India


Gilead Sciences, an American biopharmaceutical company that created 12 HIV medications, is facing strong opposition to its patent applications for the HIV prevention drug, Lenacapavir, in India. Civil society groups, such as the Sankalp Rehabilitation Trust, have challenged Gilead's claims, arguing that the drug involves a known compound and shouldn't be patented under the Indian Patent law. Critics argue that granting the patent could limit access to affordable generic versions, hindering global efforts to end AIDS. The Indian Patent Office is set to hear objections against Gilead Sciences. 

27 views0 comments

Related Posts

See All

Comments


bottom of page