Above the Fold

JULY 5, 2022

Annual revenues from industries reliant upon the copyright system in the United States hover between $1.2 economy is related to the copyright system, the U.S. Copyright Office and Shira Perlmutter, the current Register of Copyrights, recently appointed its first chief economist, Brent Lutes. This new role within the U.S.

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Copyright Registration Law Advertising 45

LexBlog IP

JANUARY 11, 2023

The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Registration of a mask work with the Copyright Office provides certain legal benefits, including the ability to bring a lawsuit for infringement of the mask work. Registration of a Mask Work.

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The IPKat

MAY 5, 2023

A recent dispute in Nigeria over trade mark registration and possible proprietorship over a movie title and a title character has brought to the fore questions regarding the processes and procedures at the Trade Mark Registry and whether movie titles and title characters without more should be registrable as trade marks in Nigeria.

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LexBlog IP

MAY 18, 2022

” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law. .; (8) ” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law. For comparison, U.S.

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Erik K Pelton

DECEMBER 20, 2022

And the number of active trademark registrations in the USPTO database is larger than ever. Additionally, since late December 2021, when new procedures went into effect, the USPTO has received around 100 expungement petitions and about 100 re-examination petitions to get rid of registrations for marks that are allegedly not in use.

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Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

IP and Legal Filings

MARCH 24, 2023

Introduction The Plaintiff is engaged in the construction business and is the proprietor of trademark BURJNOIDA in class 37 (for building and construction services) as of February 2, 2011, which it claims to have been using since December 24, 2010.

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Registration Trademark Copyright Infringement Copyright 78

The TTABlog

AUGUST 3, 2022

Although Petitioner owned three registrations for its marks, it had disclaimed the words NATURAL DOG COMPANY in one registrations, claimed acquired distinctiveness in another (with a disclaimer of DOG COMPANY), and accepted a Supplemental Registration in the third. Text Copyright John L. Universal Foods Corp.,

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Law Registration Designs Design 52

The IPKat

MARCH 4, 2024

Nike, a titan in the industry, has managed to register more than 3,000 trade marks throughout the years on a European level and owns the title of the second most successful applicant for registered Community designs at the EUIPO for the past decade, as per the EUIPO’s Design Focus Report (2010-2019).

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Copying Branding Brands Branding 103

The IPKat

APRIL 30, 2023

NB: Cinematograph films registration system exist in most of the countries where these cites are located but the report does not indicate whether such registries and/or registers were consulted]. Knowledge diffusion?) and IP and innovation (percentage of patents by origin per GDP with data form the Global Innovation Index; local films made.

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IP and Legal Filings

AUGUST 4, 2023

The term ‘Celebrity’ is not defined in the Intellectual Property Law in India; however, the Indian Copyright Act defines the term “performer” which is a wider expression and may include the word “Celebrity”. The special rights of performers in envisaged in Section 38 2 of the Copyright Act. This is not a complete definition.

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Trademark Registration Branding Brands 52

The TTABlog

MAY 29, 2024

Eagle Crest , 2010 WL 3441109, at *3." Simply calling A S LIVE FOREVER a brand cannot transform an otherwise unregistrable designation into a registrable mark." Text Copyright John L. A consumer is likely to buy the goods or services that prominently display the phrase because of the message conveyed. Welch 2024.

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Service Mark Branding Brands Branding 116

SpicyIP

AUGUST 8, 2023

The second was filed by the plaintiff to restrain the defendant from committing trademark/copyright infringement and passing off with respect to the mark ‘MODERN’. A crucial argument by the defendant was that the plaintiff was aware of the defendant’s mark, containing the word ‘MODERN’, since 2003/2010.

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Trademark Registration Advertising Advertising 98

The IPKat

DECEMBER 6, 2021

His law degree led him to various professional positions in the United States, where he is now Senior Copyright Counsel at Google. Registrations are open and available here. The initiative is entitled " Copyright Law 2030 - A memorandum on the future of the creative ecosystem in Europe ". Dr Matthias Leistner (LMU Munich).

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Intellectual Property Intellectual Property Law IP Copyright Law 65

The TTABlog

NOVEMBER 10, 2021

To be registrable, a proposed trademark must function as a source indicator in the eyes of relevant consumers. 96 USPQ2d 1227, 1229 (TTAB 2010); In re Aerospace Optics, Inc., Text Copyright John L. home brew supply shops, home brewers). In re Eagle Crest, Inc. , 78 USPQ2d 1861, 1862 (TTAB 2006). Welch 2021.

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Trademark Registration Designs Design 97

The TTABlog

JANUARY 13, 2023

The Board granted a petition for cancellation of a registration (issued in 2010) for the purported mark SMART WALLET for "wallets," on the ground of genericness. Text Copyright John L. Ekster Holding B.V. And so, the Board granted the petition for cancellation. Read comments and post your comment here. Welch 2023.

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Social Media Technology Registration Designs 92

The TTABlog

MAY 26, 2022

The USPTO refused registration of the mark AJ LAMPS for "Lighting apparatus, namely, table lamps" [LAMPS disclaimed], on the ground of likelihood of confusion with the registered mark AJ for "Lighting fixtures; HID lighting fixtures." Text Copyright John L. In re Louis Poulsen A/S , Serial No. And so, the Board affirmed the refusal.

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Branding Brands Branding Registration 54

SpicyIP

MARCH 11, 2024

Abhi Traders vs Fashnear Technologies Private Limited on 29 February, 2024 (Delhi High Court) The plaintiff, a popular e-commerce seller, filed a suit against defendants on www.meesho.com for unauthorized use of copyrighted images and selling counterfeit goods. Third, the evidence of the plaintiff’s use of the mark from 1989 are fabricated.

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SpicyIP

FEBRUARY 27, 2024

We have already traversed through Junes , Julys , Augusts , Septembers , Octobers , Novembers , Decembers , and shared some stories like Rahul Cherian’s Legacy, 2010’s International Efforts on Pandemics, Corruption in IP Offices, Law Making via Leaked Documents, etc. It’s the 8th post of this monthly series.

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Non-Fungible Tokens Copyright Business Moral Rights 59

Technology & Marketing Law Blog

MARCH 11, 2022

” Copyright. At issue is this post by Monsarrat in the mirrored archive: Remarkably, the Copyright Office registered a copyright in the post, even though the only original materials are the four sentences in the final paragraph and it’s basically a demand letter. ” Nature of Use. ” Amount Taken.

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The TTABlog

FEBRUARY 22, 2022

96 USPQ2d 1227, 1229 (TTAB 2010); see also In re Wal-Mart Stores, Inc. , Would you have applied for registration? Text Copyright John L. In re Eagle Crest Inc. , 129 USPQ2d 1148, 1149-50 (TTAB 2019)." The record included numerous examples of third parties using "get ordained" to convey its ordinary meaning. Welch 2022.

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Service Mark Advertising Advertising Registration 76

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. 95 USPQ2d 1327 (TTAB 2010). Text Copyright John L. Opposer Saber Interactive alleged only one claim: nonownership. Trademark Rule 2.107(b), 37 C.F.R. Seacrets, Inc.

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Ownership Registration Designs Design 40

The TTABlog

FEBRUARY 8, 2022

The district court had dismissed the claims as to one of the marks (the "'654 mark") on the ground of claim preclusion, based upon the TTAB's entry of judgment by default on Plaintiff VVV's petition for cancellation of the registration for that one mark. Text Copyright John L. TTABlogged here ]. Welch 2022.

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Litigation Branding Brands Branding 75

43(B)log

JULY 3, 2023

27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. Prior import plans in 2010-11 were paused. The order was temporarily stayed pending full authentication of the Colombian registrations.

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False Advertising Advertising Advertising Registration 59

Fish & Richardson Trademark & Copyright Thoughts

MAY 10, 2022

Trademark Registrations. [1] On February 24, 2010, the Court remanded the finding and vacated the Commission’s prior finding of no violation. Trademark Registration Numbers are 4,689,651; 1,772,761; 3,777,170; 3,389,332; 3,816,320; 1,972,079; 3,604,207; and 3,185,427. Complaint, at 1. Crocs, Inc. 3d 1294, 1297 (Fed.

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Cease and Desist Registration Patent Trademark 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

WhenU concluded that copyright was a dead-end. Nevertheless, because adware often provided poor consumer experiences, adware largely fizzled out by 2010. In this lawsuit, the plaintiffs aren’t suing Google for violating their copyrights or trademarks. Wells Fargo v. 1-800 Contacts v.

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Licensing Copyright Contracts Advertising 92

Kashishipr

AUGUST 24, 2022

The same is done through the Nice Classification of Goods and Services , which, in 2010, added Class 43 for restaurants and hotels. The Indian Hotels Company Limited filed a Trademark Application for the Taj Mahal Palace Hotel in Mumbai and obtained its registration. Trademark for the Taj Mahal Palace Hotel.

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Trademark Branding Brands Branding 52

The TTABlog

JANUARY 18, 2022

Topco Holdings opposed registration of READY4LIFE for sanitizers for personal use, alleging a likelihood of confusion with its registered marks READY FOR LIFE and SIMPLY DONE READY FOR LIFE for various personal goods and cleaning products. 94 USPQ2d 1942, 1949 (TTAB 2010). Text Copyright John L. See Toufigh v. See John W.

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Trademark Branding Brands Branding 57

The TTABlog

MAY 25, 2023

However, Applicant JBL failed to prove that this design has acquired distinctiveness, and so registration was refused on the Principal Register, but the Board accepted JBL's alternative amendment to the Supplemental Register. Text Copyright John L. In re JBL International, Inc. pdf here ]. Welch 2023.

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Designs Design Design Patent Advertising 52

SpicyIP

DECEMBER 20, 2023

With further ado, here’s what I found in Novembers: Database Protection in India: Since Prof Basheer’s 2005 post about the inaccurate implication of the theft of data as copyright infringement, to 2023, not much seems to have changed. The issue has often arisen in the context of protecting confidential information through copyright law.

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Personality Rights IP Licensing Copyright 59

The TTABlog

SEPTEMBER 23, 2022

Petitioner JNF LLC was undoubtedly unhappy with the result of its petition to cancel a registration for the mark HAPPIEST HOUR for bar and restaurant services. Registrant Harwood International enjoyed a constructive first use date of October 6, 2014, the filing date of its underlying application. 96 USPQ2d 1031, 1036 (TTAB 2010).

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Service Mark Registration Advertising Advertising 52

The IPKat

JANUARY 25, 2024

On 2 February 2010 Lego obtained RCD No. Since then, Lego has been trying to find other means of protection for its brick, whether as trade mark, design or copyright. In this context, Lego filed design registrations related to modular systems composed by its bricks. Background It is worth recalling the long history of this case.

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Designs Design Registration Intellectual Property 69

SpicyIP

NOVEMBER 8, 2023

More specifically, is Copyright a Hindrance for Open Access in India? (I In another development, Publishers united to Fight Copyright Infringement on ResearchGate , although it was settled out of court. As Swaraj said, it’s Time to More Seriously Question the Spectre of Copyright in the Realm of Education.

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Trademark Publishing Journalism Copyright 59

The TTABlog

DECEMBER 27, 2021

in which both parties own registrations, priority is an issue." The term “reverse confusion” has been used to “describe the situation where a significantly larger or more prominent newcomer ‘saturates the market’ with a trademark that is confusingly similar to that of a smaller, senior registrant for related goods or services.”

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Branding Brands Branding Registration 52

The TTABlog

OCTOBER 3, 2022

That same month, ARSA filed its application to register the mark EUCALIN, and obtained a registration in 2010, which was subsequently cancelled for failure to file the required Section 8 declaration of use. Text Copyright John L. In May 2015, applicant was removed from the SDNT list. Who Owned the Mark?: Welch 2022.

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Ownership Litigation Registration Business 40

SpicyIP

OCTOBER 27, 2023

Dark Patterns Unmasked: Examining Their Influence on Digital Platforms and User Behaviour Srijaa Grover and Yaggya Kapoor Harry Brignull introduced the concept of “dark patterns” in 2010, describing them as deceptive tactics aimed at boosting conversion rates.

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Intellectual Property False Advertising Designs Design 52

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

In 2010, the Second Circuit issued a watershed decision about secondary trademark infringement. Also, product shots have been a constant source of copyright litigation. Provide “reasonably accessible electronic means by which a registrant and consumer can notify the platform of suspected use of a counterfeit mark.”

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Trademark False Advertising Advertising Advertising 139

IIPRD

NOVEMBER 14, 2023

The policy based considerations include the internal policies of e-commerce sites as well as registrations of companies for their IP. [6] The e-platforms themselves might need to copyright their interface and service if the same is endangered [7]. For example, Amazon holds patent over auto-authentications of transactions in India.

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Intellectual Property Due Diligence Journalism IP 59