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

IP and Legal Filings

OCTOBER 18, 2022

As such, breeders can obtain patents, trademarks, and industrial designs that establish their ownership over legally approved new plant varieties. The 2009 law enacted for regulation of plant varieties in the country ensured that there is requisite protection provided to the breeders through a sui generis system.

Intellectual Property 52

Intellectual Property Registration Intellectual Property Law Law 52

IP and Legal Filings

OCTOBER 26, 2022

The first Declaration (Prakas) on the Procedures for Registration and Protection of Geographical Indications, dated May 18, 2009, served as the basis for the registration of Kampot Pepper and Kampong Speu Palm Sugar. Geographical indications in Cambodia are based on three legal instruments.

Registration 79

Registration Trademark Law Ownership 79

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. Fuji Medical Instruments Mfg.

Registration 52

Registration Ownership Licensing Trademark 52

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

IP and Legal Filings

MARCH 12, 2024

iii] The issue here was an infringement of L’Oréal’s trademark on eBay. The court has swiftly addressed the potential for disagreement over this ownership by allowing the affected party to seek clarification through a formal application. iii] L’Oreal v eBay [2009] EWHC 1094 [iv] Disney Enterprises, Inc. DIGITAL AROUND THE WORLD.

Intellectual Property 81

Intellectual Property Copyright Journalism Copyright Infringement 81

SpicyIP

FEBRUARY 27, 2024

The question of ownership in the virtual world, particularly in video games, has long been debated. On the trademark side, relevant is this post by Bhavya Solanki and Medha Bhatt discussing the applicability of the fair use provisions of trademark law to the unauthorized use of trademarks in the virtual world.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

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

The TTABlog

SEPTEMBER 23, 2022

Its claim of use analogous to trademark use failed because its prior publicity "was not sufficiently clear, widespread and repetitive." Technical Trademark Use: Normally, a cancellation petitioner must prove priority by a preponderance of the evidence. That would require techinical trademark use before the registrant's filing date.

Service Mark 52

Service Mark Registration Advertising Advertising 52

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

The TTABlog

JULY 29, 2021

In 2009, Respondent Nema Foods filed an application to register the mark, When Nema Kimya became defunct, petitioner began exporting its products directly to respondent. Nema Foods claimed to have an "understanding" with petitioner that Nema would own the trademark, but it provided no evidence to support that claim.

Registration 52

Registration Cease and Desist Ownership Advertising 52

43(B)log

OCTOBER 31, 2022

Lanham Act false advertising: The theory was that Meta misrepresented “the creation and ownership” of Logan’s photos. Dastar doesn’t clearly bar false advertising §43(a)(1)(B) claims in general, but it does bar the claim as pled here: “a copyright claim repackaged under a trademark statute.” Sybersound Recs., 3d 1137 (9th Cir.

False Advertising 59

False Advertising Advertising Advertising Licensing 59

Copyright Lately

MAY 6, 2022

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. Here’s the first clause, section (i), dealing with ownership of the Bored Ape NFTs: “i. And a quick review of U.S. You Own the NFT.

Derivative Work 87

Derivative Work Licensing Artwork Contracts 87

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

LexBlog IP

APRIL 4, 2023

2009) decision. Of course, this rationale runs counter to a central tenet of ownership–namely, the owner’s right to exclude a competitor from using its IP. Patent and Trademark Office Directors be wrong? 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