The TTABlog

FEBRUARY 7, 2024

The Board dismissed an opposition to registration of SPLIT DECISION for "Entertainment services in the nature of live visual and audio performances, namely, musical rock band," finding that Opposer Billy Stott failed to carry his burden to prove that Applicant Split Decision Music, LLC was not the owner of the mark. Billy Stott v.

Ownership 67

Ownership Editing Music Service Mark 67

Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

The TTABlog

APRIL 10, 2024

Section 1119 of the Trademark Act gives a federal district court the power to "determine the right to registration, order cancelation of registrations, in whole or in part, restore canceled registrations, and otherwise rectify the register with respect to the registrations of any party to the action." April 2, 2024).

Registration 67

Registration Registering Trademarks Trademark Ownership 67

43(B)log

APRIL 5, 2024

4th -, 2024 WL 1356981, Nos. plaintiff's RAW defendant's Raw Garden Also over a dissent, the panel finds that a court can order trademark applications cancelled, not just registrations. The panel did affirm the refusal to cancel defendant’s registrations on grounds of unlawful use, since they weren’t for unlawful items.)

Registration 59

Registration Trademark Registering Trademarks Ownership 59

The TTABlog

MAY 7, 2024

The application was filed under Section 1(b) and the mark had not been put into use, so the applicant claimed acquired distinctiveness from three other BASQUIAT registrations, but the Board found that its supporting evidence fell short. 97291105 (May 1, 2024) [not precedential] [not precedential] (Opinion by Judge Thomas L.

Registration 62

Registration Branding Brands Branding 62

LexBlog IP

JULY 31, 2023

In a significant step toward a future of heightened corporate transparency, the bipartisan Corporate Transparency Act (CTA) is prepared to roll out as of January 1, 2024. These entities are tasked with reporting two crucial categories of information: the beneficial owners and those behind the creation or registration of the entity.

Ownership 52

Ownership Reporting Confidentiality Registration 52

SpicyIP

JANUARY 30, 2024

In a significant order, delivered on 24 January 2024 by the Bombay High Court in Novex Communications Pvt Ltd. It originally started as a copyright society in 1941 , but later lost that designation and after a long period of running around seeking re-registration, finally in 2022 it was allowed to make an application to that regard.

Licensing 115

Licensing Copyright Ownership Registration 115

LexBlog IP

AUGUST 14, 2023

The reporting rule goes into effect on January 1, 2024. CTA defines a beneficial owner as an individual who, directly or indirectly, either (1) exercises substantial control over a Reporting Company or (2) owns or controls at least 25% of the ownership interests of a Reporting Company. What is Considered an Ownership Interest?

Business 52

Business Ownership Reporting Registration 52

The TTABlog

MAY 28, 2024

May 23, 2024) [Precedential]. The causation requirement was satisfied because "[t]he allegedly unlawful registrations of Appellees’ marks cause a diminishment of value in Appellant’s Hobbs Winery ownership interest." registrations are cancelled, not marks - ed. ]. Welch 2024. Luca McDermott Catena Trust v.

Registering Trademarks 57

Registering Trademarks Registration Trademark Ownership 57

The IP Law Blog

JANUARY 31, 2024

The Corporate Transparency Act (“ CTA ”), a new federal filing requirement for many business entities, became effective on January 1, 2024. In addition to the Reporting Company’s information, the CTA Report must also include the specified personal information of the Reporting Company’s ownership, each referred to as a “Beneficial Owner”.

Reporting 89

Reporting Business Ownership Registration 89

The TTABlog

APRIL 29, 2024

91286055 (April 24, 2024) [precedential]. This includes the name of the opposer, which is identified on the ESTTA filing form directly following the statement: “Notice is hereby given that the following party opposes registration of the indicated application.” Welch 2024. MyMeta Software, Inc. Meta Platforms, Inc. Opposition No.

Registration 48

Registration Ownership Trademark Law 48

The IPKat

MAY 12, 2024

The wine brand had been around since the nineteenth century but changed ownership a few times. Duca di Salaparuta appealed, arguing that when pre-existing national GI registrations were converted into EU unitary registrations, they were fully subject to the validity requirements of the 2008 Regulation on wines. Article 14.3

Registration 67

Registration Branding Brands Branding 67

SpicyIP

FEBRUARY 12, 2024

Comments on the Proposed Trademarks (1st Amendment) Rules, 2024 The recently proposed Trademark Rules amendments were open for comments in a period ending today. Image from here A SARAL Analysis of the Proposed Trade Marks (1st Amendment) Rules, 2024 Just Keep it Simple! Case Summaries Gujarat Cooperative Milk Marketing v.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

The TTABlog

JANUARY 5, 2024

It found the mark to be “ tertium quid ” akin to product packaging and thus eligible for registration without proof of acquired distinctiveness. Here, Curtin’s evidence of the damage she would allegedly suffer was “too remote from registration and is entirely speculative.” Fashion Electronics, Inc. 2023 U.S.P.Q.2d 2d 753 (T.T.A.B.

Registration 78

Registration Designs Design Ownership 78

LexBlog IP

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”).

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 52

TorrentFreak

FEBRUARY 16, 2024

The company’s complaint filed last year targeted the unknown domain registrant of kokoatv.net, kokoa.tv, and vidground.com. All three domains were registered at Namecheap which requires registrants to consent to personal jurisdiction in Arizona when in dispute with a third party. Liburdi handed down his order on February 6, 2024.

Copyright 112

Copyright Trademark Copyright Infringement Registration 112

SpicyIP

MAY 20, 2024

Highlights of the Week Announcing the 2024 Shamnad Basheer Essay Competition on Intellectual Property Law Prof (Dr.) Shamnad Basheer’s 48th birth anniversary today, we are excited to announce the 2024 Shamnad Basheer Essay Competition on IP Law! Drop a comment below to let us know. On the occasion of Prof.

Trademark 45

Trademark Advertising Advertising Copyright 45

The IPKat

MARCH 12, 2024

The book can be purchased here with a special discount until 7 April 2024. IPKat readers can take advantage of a 15% discount on the registration fee. The programme and registration are available via Eventbrite here (readers are encouraged to register quickly as the event normally sells out).

Graphic Design 57

Graphic Design Editing Designs Design 57

SpicyIP

JANUARY 29, 2024

Last date to Register: 29th February 2024 Case Summaries Premier Spg And Wvg Mills Pvt. on 19 January, 2024 (Delhi High Court) The plaintiff filed the present suit against the defendants for operating the impugned Croma websites and defrauding people by charging them money under the pretext of offering part time jobs.

Music 59

Music Intellectual Property Copyright IP 59

LexBlog IP

AUGUST 29, 2023

Any entity that qualifies as a domestic or foreign reporting company must file “beneficial ownership reports” with FinCEN, unless specifically excluded under one of the enumerated exemptions. The CTA specifically exempts 23 categories of companies that would otherwise be required to file beneficial ownership reports.

Reporting 52

Reporting Ownership Business Editing 52

LexBlog IP

JANUARY 31, 2024

The Corporate Transparency Act (“ CTA ”), a new federal filing requirement for many business entities, became effective on January 1, 2024. There is no charge for the webinar, but registration is required. To attend, please register here.

Reporting 52

Reporting Business Ownership Registration 52

Plagiarism Today

JANUARY 3, 2023

Ownership of AI Works: Can work created by an artificial intelligence be protected by copyright? It’s ruled that AI-generated content does not qualify for copyright protection and that any use of AI in a work needs to be disclosed when filing a registration so that material can be excluded. If so, who has the rights in question?

Plagiarism 314

Plagiarism Copyright Content Creation Artwork 314

LexBlog IP

JANUARY 17, 2024

Exceptions to Disclosure of Required Information: If a reporting company was created or registered before January 1, 2024, it does not have to report any information about its Company Applicants. Any reporting company that is created or registered before January 1, 2024, must file a BOI report no later than January 1, 2025.

Reporting 52

Reporting Ownership Business Editing 52

LexBlog IP

JANUARY 17, 2024

Any entity that qualifies as a domestic or foreign reporting company must file beneficial ownership reports ( “BOI” ) with FinCEN, unless specifically excluded under one of the enumerated exemptions. The CTA takes effect on January 1, 2024. Which entities must file BOI reports under the CTA?

Reporting 52

Reporting Business Editing Ownership 52

The TTABlog

MARCH 5, 2024

90518181 (February 27, 2024) [not precedential] (Opinion by Judge Christopher C. JM4 relied heavily on its ownership of various design patents for the ornamental designs of holsters, but they missed the mark. Welch 2024. This post will aim to hit the high points of the 44-page opinion. In re JM4 Tactical, LLC , Serial No.

Design Patent 70

Design Patent Designs Design Trademark 70

TorrentFreak

AUGUST 1, 2023

After imposing obligations most mainstream providers found intolerable, including registration with the state, only compliant VPN companies remain in Russia today. On top, regular hosting providers will be subjected to state registration and new obligations along similar lines to those imposed on VPN providers.

Government 98

Government Registration Privacy Business 98

Technology & Marketing Law Blog

MAY 15, 2024

May 9, 2024). at 1-2] At its heart, therefore, this case is a dispute about copyright ownership. The plaintiffs responded by moving for partial summary judgment on the issue of ownership, based on the presumption of validity that attaches to timely copyright registrations. Warner Chappell Music, Inc. Nealy , No.

Music 95

Music Blogging Copyright Ownership 95

SpicyIP

JANUARY 31, 2024

For instance, paragraph 19 of the order mentions the defendants’ claim of joint ownership of a pre-partition restaurant in Peshawar, Pakistan. ” Similarly, while the order mentions “joint ownership” of the restaurant, suggesting a shared creatorship over the dishes, media reporting (e.g.,

Inventor 64

Inventor Ownership Reporting Registration 64

LexBlog IP

AUGUST 29, 2023

Exceptions to Disclosure of Required Information: If a reporting company was created or registered before January 1, 2024, it does not have to report any information about its Company Applicants. Any reporting company that is created or registered before January 1, 2024, must file a report no later than January 1, 2025.

Reporting 52

Reporting Ownership Business Editing 52

The TTABlog

JUNE 30, 2023

Yes] Finding Third-Party Registration Evidence Insufficient to Weaken Cited Mark, TTAB Affirms Section 2(d) Refusal of IMAGINE for Early Childhood instruction TTAB Renders Split Decision in "ELECTRIC LAST MILE SOLUTIONS" Section 2(d) Appeal Precedential No. No] TTABlog Test: Is Puma's "PROCAT" Confusable with Caterpiller's "CAT" for Footwear?

Ownership 57

Ownership Registration Designs Design 57

Copyright Lately

MARCH 13, 2024

Wordle’s Copyright Registration Even if we assume that the Wordle elements in which the Times claims protection are, in fact, unique and protectable, the company’s DMCA notice still appears to misstate the scope of its rights. copyright registration doesn’t claim rights in the game’s graphics or other visual elements.

Social Media 94

Social Media Copyright Registration Copying 94

IP and Legal Filings

FEBRUARY 7, 2023

According to a Bloomberg Intelligence report [2] , the worldwide revenue opportunity from the metaverse is predicted to hit $800 billion in 2024, up from the estimated $500 billion in revenue generated by the metaverse in 2020. The trademark registration safeguards the owner’s rights and establishes the business’s legal standing.

Trademark 83

Trademark Non-Fungible Tokens Branding Brands 83

LexBlog IP

FEBRUARY 26, 2024

The USPTO is seeking public feedback on the Guidance, which is due by May 13, 2024. Its guidance also instructed on how to draft a copyright registration to effectively disclose the use of generative AI tools, and how to amend a previously submitted pending application to correct any disclosure deficiencies.

Invention 52

Invention Inventor Patent Patent Application 52

LexBlog IP

JANUARY 25, 2024

” [11] Applying these principles, the Jack Daniel’s Court held that because VIP alleged ownership over the use of its dog toy’s trademark and trade dress, VIP was using them to identify product source. 21-55881, 2024 WL 134696 (9th Cir. 12, 2024) (“ Punchbowl II” ). [2] 12] 2024 WL 134696,at *7. [13]

Trademark 40

Trademark Designs Design Branding 40

LexBlog IP

JANUARY 16, 2024

However, Texas foreign registration requirements as well as recent legislation (see below) will limit this route’s effectiveness in the future. Founders often circumvent Texas public disclosures by listing a foreign LLC, ideally from one of the states permitting anonymity, as the LLC’s manager.

Privacy 52

Privacy Business Government Confidentiality 52

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).

IP 124

IP Copyright Trademark Intellectual Property 124