IPilogue

MARCH 14, 2022

On February 3, 2022, Nike filed a trademark lawsuit in New York’s federal trial court claiming the online sneaker reseller, StockX, sells unauthorized pictures of Nike’s shoes through NFTs. Like with many new technologies these days, the laws around NFTs are constantly updating to accommodate this new concept of digital assets.

Non-Fungible Tokens 122

Non-Fungible Tokens Ownership Intellectual Property Intellectual Property Law 122

JD Supra Law

JULY 21, 2022

The US Court of Appeals for the Fifth Circuit reversed a district court decision, reversing the dismissal of a copyright claim based on lack of standing and finding ownership of the copyright in the claimant based on an assignment of that claim. July 12, 2022) (Jones, Haynes, Costa, JJ.) (per Beatriz Ball, LLC v. Barbagallo Co.,

Designs 55

Designs Design Ownership Copyright 55

The IPKat

FEBRUARY 12, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams , PhD researcher in the fields of copyright and dispute system design at the University of Antwerp, regarding Nigeria's Copyright Act 2022 (which came into effect in 2023) and its constitutional reference to copyright as movable property.

Copyright 62

Copyright Moral Rights Government Public Domain 62

IPilogue

JANUARY 30, 2023

Famous for its easily-recognizable design of breathable and water-friendly clogs, Crocs was founded in 2002 in the US by three college friends who enjoyed sailing. While most of Crocs’ lawsuits are in the US, the battles have also crossed the border into Canada, such as Crocs’ October 21, 2022 victory in Crocs Canada, Inc.

Intellectual Property 105

Intellectual Property Designs Design Design Patent 105

Intepat

DECEMBER 6, 2022

The year 2022 has been an extremely important year for the development of trademark jurisprudence in India. Mentioned below are some crucial judgements passed in the year 2022 on matters dealing with trademark infringement. Vijaya Sai And Others (19 th January 2022). Frost Falcon Distilleries Limited (2 nd March 2022).

Trademark 98

Trademark Trademark Law Registering Trademarks Law 98

The TTABlog

JULY 1, 2022

13: TTAB Reverses Disclaimer Requirement of "KID" in two Lego Marks Found to be Unitary Specimens of Use/Nonuse/Non Ownership: TTAB Affirms FLIPPABLE FIRMNESS Refusal: Specimens Do Not Show Use With Retail Store Services Precedential No. Welch 2022.

Designs 57

Designs Design Ownership Trademark 57

IPilogue

JUNE 2, 2022

Previously, IPilogue reported that Australia has granted patent ownership to an AI inventor. In February 2022, however, the Federal Court of Australia joined the ranks of the United States and the United Kingdom in disallowing AI to be owners of patents, even if the product is solely created by AI.

Invention 111

Invention Ownership Intellectual Property Inventor 111

The TTABlog

DECEMBER 5, 2022

The Board sustained an opposition to registration of the mark DANA DESIGN in the form shown below, for backpacks, hiking equipment, tents, and related goods, on the ground that the mark comprises the name of a living individual, Dana Gleason, without his consent and is therefore barred from registration by Section 2(c) of the Trademark Act.

Designs 48

Designs Design Registration Trademark 48

The TTABlog

JUNE 28, 2022

Kretet also pointed to its ownership of a registration for a similar mark for non-medicated skin serums, but the Board was unimpressed. Krete pointed to the numeral "7" in the cited mark as a distinguishing element, but the Board found no evidence the consumers would view that design element as the number "7." Welch 2022.

Designs 44

Designs Design Registration Ownership 44

The IPKat

MARCH 14, 2024

The IPKat has received and is pleased to host the following guest contribution by Nkem Itanyi (University of Nigeria) on a recent dispute over copyright ownership of the movie, Shanty Town which premiered on Netflix in January 2023 and discussions over a sequel to the movie. They both signed off as the executive producers of the movie.

Copyright 78

Copyright Cease and Desist Ownership Registration 78

IPilogue

NOVEMBER 18, 2022

On October 25, 2022, following a string of antisemitic remarks and hate speech from Ye (formerly known as Kanye West) on social media, Adidas announced their decision to terminate their co-branding partnership with Ye and end production of all Yeezy branded products. While Ye’s company, Mascotte Holdings Inc.

Business 131

Business Contracts Branding Brands 131

Trading Secrets

JANUARY 27, 2023

There were several significant trade secret jury awards in 2022 in Virginia ($2 billion), Ohio ($65 million), and Michigan ($105 million). The Protecting American Intellectual Property Act signed on January 5, 2023 is designed to help American businesses from trade secret by foreign actors.

Business 59

Business Intellectual Property Ownership Law 59

TorrentFreak

JANUARY 22, 2024

There’s also a growing trend of sites with common ownership operating from dozens of confusingly-similar domains by design. Similar behavior can be seen across dozens of similar domains, although not always under common ownership or even in direct response to enforcement measures. Now redirecting to ACE, kooora4.us

Ownership 90

Ownership Copyright Reporting Designs 90

IPilogue

JUNE 21, 2022

On February 3 rd 2022 Nike Inc. sued StockX LLC for trademark infringement, false designation of origin, trademark dilution, and related causes. NFTs are unique digital assets that are digital representations of ownership of real-world items. These issues are novel in their involving the metaverse. The Nike Suit.

Non-Fungible Tokens 116

Non-Fungible Tokens Ownership False Advertising Fair Use 116

IPilogue

MARCH 9, 2022

Behind every video game, there is a video game designer. And behind every designer, there is a publisher. As of January 31, 2022, Sony Interactive Entertainment (“Sony”) is behind the video game publisher Bungie. The ownership raises questions regarding Bungie’s intellectual property rights. billion USD.

Intellectual Property 103

Intellectual Property Ownership Publishing Designs 103

IP Tech Blog

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. It covers architectural design, software, graphic arts, motions pictures, sound recordings, and more, and it is adaptive to new technological advances that would likely apply to NFTs.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

LexBlog IP

JANUARY 27, 2023

There were several significant trade secret jury awards in 2022 in Virginia ($2 billion), Ohio ($65 million), and Michigan ($105 million). The Protecting American Intellectual Property Act signed on January 5, 2023 is designed to help American businesses from trade secret by foreign actors.

Business 52

Business Intellectual Property Ownership Law 52

Technology & Marketing Law Blog

AUGUST 5, 2022

This is a case focusing on ownership of social media accounts. The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. The district court initially punted on the ownership question. We blogged this case twice before. Teamsters Loc.

Social Media 98

Social Media Ownership Branding Brands 98

LexBlog IP

JANUARY 11, 2023

Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. Under the SCPA, a mask work is a series of related images that forms a design or part of a design used to produce an integrated circuit. Understanding Mask Work. In particular, Section 1213.2

Registration 40

Registration Designs Design Copying 40

Patently-O

JUNE 23, 2022

Morgan based upon his spouse’s ownership of about $5,000 of Cisco stock. The order also vacates all orders and opinions in the case entered after Judge Morgan learned of her ownership. When Judge Morgan learned of the ownership, he immediately notified the parties. Note that Judge Morgan passed away in May 2022.

Ownership 97

Ownership Designs Design Patent Infringement 97

The TTABlog

DECEMBER 21, 2022

87921527 (December 16, 2022) [not precedential] (Opinion by Judge Robert H. The Board also found that the design elements of the mark "are not nearly as significant as the marks' literal elements." in Miami, Florida,” while “Registrant’s [m]ark includes the design of a silhouette of a naked woman, which is suggestive of its.

Registration 78

Registration Designs Design Ownership 78

IP and Legal Filings

JANUARY 24, 2023

When it comes to AI, there are various entities for which a claim for copyright could be made: Programmer: One of the main contention of granting ownership to AI is that it is the programmer who designs, creates, or trains the computer software, without which the AI system would not have been created. 8] Who Owns The Copyright In Ai?

Copyright 89

Copyright Ownership Artistic Work Intellectual Property 89

Patently-O

FEBRUARY 9, 2022

Sgromo then negotiated a license deal from a third-party, but that income was designated as coming to Eureka. On appeal now, the Federal Circuit has refused to hear the case — finding that a patent ownership dispute does not “arise under” the patent laws. Peter Sgromo v. Leonard Scott ( Fed. July 2, 2018).

Ownership 70

Ownership Patent Law Invention Licensing 70

BYU Copyright Blog

FEBRUARY 23, 2023

In April 2022, Kev & Cooper LLC ("Kev & Cooper") filed a lawsuit against Gladwell LLC ("Gladwell") in the United States District Court for the District of New Jersey, alleging that Gladwell had created and sold educational rugs that were copies of Kev & Cooper's copyrighted designs.

Copyright 52

Copyright Intellectual Property Ownership Designs 52

IP and Legal Filings

JANUARY 31, 2023

It provides an unmatched degree of design and layout possibilities. Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. The players can collect up to 30 NFTs in the game, 10 of which are designed by the artist Beeple [i]. iv] Brooks Kushman, Nike v.

Law 82

Law Branding Brands Branding 82

BYU Copyright Blog

APRIL 24, 2023

SW was set to begin her senior year in the 2021-2022 school year before being dismissed from St. John's approached SW to design a new logo and she invested numerous uncompensated hours into drawing and editing the logo until it was approved by the Board of Directors. John, allegedly without any official reason or explanation.

Copyright 52

Copyright Editing Privacy Ownership 52

LexBlog IP

FEBRUARY 13, 2024

In 2022, the Federal Circuit definitively ruled that artificial intelligence (AI) systems cannot be named inventors or co-inventors on patent applications, reinforcing the longstanding principle that only natural persons are eligible as inventors under the Patent Act.

Inventor 52

Inventor Invention Patent Patent Application 52

The IPKat

AUGUST 11, 2023

The Supreme Court is merely considering whether an AI may be formally designated as an inventor on a UK patent. Unsurprisingly, the Examining Division has indicated that the divisional application will be refused for failing to designate an inventor. Sceptical Kat Has DABUS invented?

Inventor 52

Inventor Invention Law Ownership 52

IPilogue

MARCH 28, 2023

On November 14 2022, the United States Court of Appeals for the Ninth Circuit ruled in San Antonio Winery Inc v Jiaxing Micarose Trade Co Ltd (“ Jiaxing ”) that foreign parties to a trademark infringement complaint can be served by trademark owners within the U.S. they can designate a person in the U.S. because of s.1051(e) lawsuit.

Trademark 105

Trademark Government Ownership Designs 105

Plagiarism Today

JANUARY 4, 2023

billion) fine over allegations that the company abused its ownership of the Android mobile operating system to unlawfully push its other products. In October 2022, the Competition Commission of India (CCI) fined Google some 13.38 Google, like many tech companies, is facing increased scrutiny from international regulators.

Plagiarism 210

Plagiarism Copying Reporting Licensing 210

The IP Law Blog

FEBRUARY 17, 2022

In the Complaint, Nike alleges that StockX has infringed nine of its sneaker designs to create a line of NFTs that are part of its collection that StockX has branded the “Vault.” In January 2022, StockX released the Vault collection and claimed that each asset is linked to a physical sneaker that it stores at its facility.

Ownership 98

Ownership Intellectual Property Trademark Branding 98

The TTABlog

JUNE 13, 2022

The Board has re-designated as precedential its April 2001 decision dismissing an opposition to registration of the mark SPINTIRES for computer games and software. 91248894 (April 2, 2021) (re-designated as precedential, June 1, 2022). Welch 2022. Opposer Saber Interactive alleged only one claim: nonownership.

Ownership 40

Ownership Registration Designs Design 40

43(B)log

JULY 20, 2022

Stubenrauch, 2022 WL 2793579, No. 15, 2022) The parties in this case are former business associates, which is one reason there are so many different claims. Likewise, at this stage only, the court rejected the argument that plaintiffs failed to plead ownership of the copied elements. 3:21-cv-00545 (M.D.

False Advertising 72

False Advertising Ownership Registration Designs 72

LexBlog IP

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. It has been debated whether NFTs/DC could be protected in China by design patents. For more details on the topic of design and the metaverse in China see our previous blog post.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

43(B)log

FEBRUARY 4, 2022

3:21-CV-00499 (JCH), 2022 WL 313965 (D. 2, 2022) The parties have a dispute over control of a fashion business. Unfair competition: Under the circumstances, this had to be false designation of origin/reverse passing off. But ML didn’t plausibly alleged that defendants falsely designated an origin. “[T]he

False Advertising 83

False Advertising Advertising Advertising Designs 83

The TTABlog

NOVEMBER 28, 2022

In re International Fruit Genetics, LLC , 2022 USPQ2d 1119 (TTAB 2022) [precedential] (Opinion by Judge Angela Lykos). This notion reflects the Board’s earlier decisions that if the term is used as a designation of source (i.e., a trademark) and there is a different varietal designation, the term may be registrable."

Trademark 52

Trademark Registration Designs Design 52

Patently-O

FEBRUARY 13, 2023

The First Problem — Assignment of Rights : Sywula signed a Consulting Agreement and an Invention Agreement, both of which promise to assign rights to DaCosta and Coletti or their newly formed company Teleport, including any inventions, trade secrets, discoveries, designs, software, etc., DaCosta , 21-CV-01450, 2022 WL 2959577 (S.D.

Inventor 73

Inventor Ownership Invention Patent 73