Garrigues Blog

JULY 27, 2021

This time, we will take a look at other equally important branches of IP that are covered by the report: trademarks, industrial designs and creative industry (publishing). Trademarks. WIPO’s report revealed that trademark applications continued to grow worldwide in 2019 – this time by 5.8%. billion in 2019.

Intellectual Property 52

Intellectual Property Designs Design Trademark 52

IPilogue

NOVEMBER 17, 2021

In 2009, the Hudson’s Bay Company (HBC) mass-produced sweaters as part of their official merchandise for the 2010 Vancouver Olympics. The Cowichan could have had a stronger claim against Ralph Lauren, given that they had already turned their minds to protecting their intellectual property through trademark law. Going Forward.

Ownership 103

Ownership Intellectual Property Artwork Copyright Law 103

Intepat

MARCH 7, 2022

However, the contractual incapacity creates hindrances on minors in exploiting the IPRs by entering into licenses or assignments. IP is one of the most valuable assets and its commercial exploitation occurs only through sale, licenses, and assignments. Similar is the situation with other statutes viz., TM Act, Patents Act, etc.

IP 52

IP Contracts Intellectual Property Licensing 52

IP and Legal Filings

DECEMBER 6, 2023

The Delhi High Court, while taking note of the documents and evidence on record, concluded that the Plaintiff had, in fact, not consented and given license to the defendants to make the film in any manner that they wished. OS) 1745/2009 Rajagopal and Ors. Entertainment Pvt. vs. Baby Gift House and Ors., Baby Gift House and Ors.,

Privacy 97

Privacy Intellectual Property Law Intellectual Property Advertising 97

SpicyIP

MAY 20, 2024

Here is our recap of last week’s top IP developments including summaries of posts on the Law Commission’s Report on Trade Secrets and Economic Espionage, DHC’s decisions on working examples, writ jurisdiction of the pre-grant oppositions, and the Viagra-Vigoura trademark dispute. Shamnad Basheer 1976-2019; taken at NUJS, Kolkata circa 2009.

Trademark 45

Trademark Advertising Advertising Copyright 45

The TTABlog

AUGUST 15, 2022

The Board found that the registrant, despite claiming attempts to sell or license the mark, had discontinued use of the mark with an intent not to resume use. Under Section 45 of the Trademark Act, a mark shall be deemed abandoned "[w]hen its use has been discontinued with intent not to resume use. Vans, Inc. See Rivard v.

Registration 52

Registration Cease and Desist Branding Brands 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 10, 2022

Baca is licensed in both Massachusetts and New Mexico. from the University of Pittsburgh School of Law in 2009, and her Ph.D. I’m excited to join the country’s preeminent IP firm,” said Dr. Baca. “I She received her J.D. from the University of Chicago in the Department of Chemistry in 2005.

Patent Prosecution 52

Patent Prosecution IP Patent Application Patent Infringement 52

43(B)log

AUGUST 18, 2021

29, 2021) This is part of a long-running trademark case, now over 10 years old. SMRI’s predecessor in interest did business with the relevant defendants from at least 1999-2009; resold products bearing “Sturgis Motor Classic” in its own retail store; and never complained about the use of “Sturgis” or “Sturgis Motor Classic” on rally products.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

The TTABlog

AUGUST 2, 2021

For only the second time since the CAFC's 2009 decision in In re Bose , the Board upheld a claim of fraud, ordering cancellation of a registration for the mark FUJIIRYOKI for massage chairs. 2009); Nationstar Mortg. THOMAS MCCARTHY, MCCARTHY ON TRADEMARKS AND UNFAIR COMPETITION, § 29:8 (5th ed. In re Bose Corp. , 2d at 1939.

Registration 52

Registration Ownership Licensing Trademark 52

The IPKat

NOVEMBER 18, 2021

Instead of providing the court with a paper trail of the chain of trade, SM claimed that the packaging of the perfumes satisfies the required proof, since the package of the perfumes did not contain an ingredient list (which list is mandatory for perfumes being sold in the EEA pursuant to Regulation 1223/2009 ). Unported license.

Marketing 124

Marketing Marketing Licensing Branding 124

SpicyIP

JANUARY 27, 2024

Relevant here is also Kruttika’s post discussing KEI’s study on how companies can use voluntary licenses for non-competitive practices within the legal framework, underscoring the importance of Indian competition laws. Basheer, however, suggested that technological solutions can address this issue. At least, not for me.

IP 64

IP Licensing Copyright Blogging 64

43(B)log

OCTOBER 31, 2022

Algthough Logan published the photos on Wikimedia under a Creative Commons license, he alleged that Meta stripped the photos of all identifying information and falsely identified itself as the owner by displaying its “copyright tag on the bottom of each Facebook user page,” breaching the license. Sybersound Recs., 3d 1137 (9th Cir.

False Advertising 59

False Advertising Advertising Advertising Licensing 59

IIPRD

OCTOBER 17, 2022

Many big companies are getting ready to enter the world of Metaverse, for example, Nike for the purpose of selling virtual footwear and apparel in the virtual world of metaverse filed many trademark applications with the U.S These trademark applications consist of Nike’s logo “just do it” and air Jordan designs. Liden Research, Inc. ,

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

Copyright Lately

JULY 12, 2021

His complaint notes that he’s turned down “countless opportunities” to license his name and likeness in the United States, including in one case turning down a $4 million offer to appear in a car commercial. Baron Cohen is now seeking $9 million in damages against the defendants. Is Baron Cohen’s Copyright Claim Preempted?

Copyright 80

Copyright Advertising Advertising Settlement 80

Copyright Lately

MAY 6, 2022

For that, you’d need an assignment or license from the owner of the underlying copyright. trademark office records reveals that Viacom obtained rights in a broad array of TMNT marks after a highly-publicized purchase from the Mirage Group in 2009. You Should Probably Read The License. And a quick review of U.S.

Derivative Work 87

Derivative Work Licensing Artwork Contracts 87

SpicyIP

OCTOBER 23, 2023

Turtle ” order opining that use of a mark to pass a critical comment will not amount to an infringement of the trademark. In 2009, the Right to Information Act was still in its infancy and the judiciary, especially the Supreme Court, was an institution still cloaked in secrecy. and for passing the famed “ Tata v.

Intellectual Property 52

Intellectual Property Government Law IP 52

The TTABlog

APRIL 6, 2022

In Moreno , the Board held that, although exclusive licensee Julie Moreno could establish entitlement to a statutory cause of action, she could not prove priority based on use of the mark at issue by her licensor because that would "improperly recognize trademark ownership rights in a licensee." See also Chem. Conmar Form Sys.,

Ownership 52

Ownership Registration Trademark Contracts 52

The TTABlog

JANUARY 4, 2022

Therefore, the Board held that “[i]n matters of trademark registration and maintenance, where the USPTO relies on declarations to be complete, accurate, and truthful. distributor in 2005 and was still in that role when Mr. Shen filed the underlying trademark application in 2015. American Crocodile International Group, Inc.

Registration 57

Registration Ownership Licensing Trademark 57

SpicyIP

APRIL 7, 2024

This could make it harder to force companies to license patents if they are not being used to make affordable products in India. And further restricting policy levers such as compulsory licensing. Article 12, along with the recent amendments to the Patent Rules, restrict the obligation to disclose the “working” statement.,

Patent 72

Patent Patent Application Intellectual Property Law 72

Kashishipr

AUGUST 2, 2021

The IP rights holders can either record their IP beforehand, enabling the Customs authority to suo motu monitor shipments and exclude, detain, seize, destroy, or dispose of the merchandise that it suspects to be counterfeit or infringing the recorded trademark; or make a complaint to the Customs authority under the domestic Customs legislation.

IP 105

IP Intellectual Property Registration Registering Trademarks 105

IIPRD

FEBRUARY 23, 2021

Intellectual Property such as patents, trademarks, brand value, copyright, etc have become foundational assets for several businesses, seeking greater importance and attention. General Motors pledged its “Green Technology” patents for a period of 2 years when it faced bankruptcy in 2009. Trademark as Collateral in the US.

IP 40

IP Intellectual Property Branding Brands 40

Fish & Richardson Trademark & Copyright Thoughts

APRIL 26, 2022

The “Court [] reject[ed] Lambeth’s argument that the damages bar under § 287(a) lifts during a sales interlude when unmarked products are no longer sold” and granted defendants’ “motions for summary judgment as to lack of pre-suit damages beginning once Microsoft’s license took effect and it began selling products practicing the ’988 patent.”

Patent 52

Patent Licensing Patent Infringement Law 52

43(B)log

FEBRUARY 22, 2022

Unique expertise on code too; code is different from photos, music, videos; some of the most valuable code on GitHub is licensed openly. Remediation not removal is often the goal—changes to the code rather than removing often resolves the problem, e.g. addressing violation of open source license by adding attribution etc.

Copyright 45

Copyright Fair Use Music Licensing 45

IIPRD

FEBRUARY 16, 2024

Hence, the traveling chaos of F1 is a world filled with patents, trademarks, copyrights, and Trade Secrets. The Confidential information, which may be sold or licensed, is a Trade Secret and forms a part of Intellectual Property Rights. WHAT DO INTERNATIONAL CONVENTIONS SAY? Trade Secret is defined under Article.39

Intellectual Property 59

Intellectual Property Technology Confidentiality Journalism 59

Technology & Marketing Law Blog

JANUARY 24, 2023

A bill that sought to accelerate the demise of online marketplaces by creating a new and unmanageable species of contributory trademark liability. Previous year-in-review lists from 2021 , 2020 , 2019 , 2018 , 2017 , 2016 , 2015 , 2014 , 2013 , 2012 , 2011 , 2010 , 2009 , 2008 , 2007 , and 2006. SHOP SAFE. CA AB 2408.

Law 114

Law Social Media Government Privacy 114

Technology & Marketing Law Blog

DECEMBER 13, 2023

In that case, Judge Easterbrook wrote, in finding that a “shrinkwrap” license was enforceable against the defendant: But are rights created by contract “equivalent to any of the exclusive rights within the general scope of copyright”? 2009) (holding that a contract was not preempted by copyright). Health Grades, Inc.

Blogging 80

Blogging Copyright Contracts Cease and Desist 80

LexBlog IP

APRIL 4, 2023

2009) decision. Patent and Trademark Office Directors be wrong? Andrei Iancu (2018 to 2021 under President Trump) and David Kappos (2009 to 2013 under President Obama) argue for preserving noncompetes for high level executives. Court of Appeals for the Second Circuit. Why you ask? Wabtec Corporation, 559 F.3d 3d 110 (2d Cir.

Confidentiality 40

Confidentiality Blogging Litigation Reporting 40

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 20, 2021

Specifically, Roku argued that UEI provided no expert testimony, or any other evidence, regarding a price comparison, reasonable royalty analysis, or other analysis to support a bond amount, even though Roku provided pricing information and UEI had established licensing agreements for the asserted technology that it could reference for comparison.

Television 52

Television Settlement Patent Licensing 52

43(B)log

AUGUST 17, 2021

Lexmark has crept into §43(a)(1)(A) via false endorsement; it will be interesting to see whether courts recognize that other trademark claims are likewise subject to a proximate cause requirement by that logic. It was not enough for each plaintiff to be a “successful model” with “substantial followers on their social media accounts.”

Social Media 59

Social Media False Advertising Advertising Advertising 59

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

In the guidance documents, FDA provides “answers to common questions from prospective applicants and other interested parties regarding the Biologics Price Competition and Innovation Act of 2009 (BPCI Act).” Alvotech USA “is the applicant for FDA biologics license application (‘BLA’) No. The -5645 case involved both Alvotech hf.

Litigation 52

Litigation Settlement Patent Marketing 52