43(B)log

DECEMBER 26, 2022

for unlawfully manufacturing, importing, advertising, marketing, selling, and distributing unauthorized, counterfeit versions of its popular CAKE brand of hemp-derived Delta-8 products. But the distribution right does not include “the mere transportation of goods without a transfer or sale of ownership interest in the goods.”

Copyright Infringement 59

Copyright Infringement Branding Brands Branding 59

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

Technology & Marketing Law Blog

MARCH 10, 2022

In a footnote, the court acknowledges the law is “evolving” with respect to employer ownership of social media accounts: The law on the ownership of a social media pages created by employees for employers is evolving rapidly and varies between jurisdictions. 201 (Spring 2013). See generally, Christopher A. TELECOMM. &

Social Media 79

Social Media Contracts Ownership Business 79

IP and Legal Filings

JANUARY 10, 2023

These new technologies will lead to new behavioral changes and these new activities would power new markets that no one can predict at present. The ownership would simply be transferred from the existing real world to the virtual world or the companies and individuals would need to register their trademarks again. IPR in Metaverse.

Intellectual Property 59

Intellectual Property Invention Trademark Government 59

IP and Legal Filings

JANUARY 29, 2023

Delving into the parallel creation model, proposed for machinima, it is proposed that it should be based on collaborative creation and no exclusionary ownership. Re-Examining The Copyright Ownership Of Player Created Content, GNLU L. Creations within the gaming framework can never be “independent” or “original”, to begin with.

Copyright 79

Copyright Ownership Publishing Copyright Infringement 79

The IPKat

SEPTEMBER 24, 2021

Ownership of the registration was subsequently transferred to Sony Computer Entertainment Europe Ltd (the predecessor to Sony Interactive Entertainment Europe Ltd, ‘the applicant’). Genuine use must also be shown by way of solid and objective evidence of effective and sufficient use of the trade mark in the market concerned.

Marketing 57

Marketing Marketing Ownership Advertising 57

U.S. Department of Commerce

FEBRUARY 24, 2022

EDA’s RLF program assists businesses by capitalizing local investment programs that provide gap financing to businesses that might not be able to obtain traditional bank loans, while MBEs can access a variety of technical assistance, including access to capital, access to contracts and access to markets by contacting a local MBDA Business Center.

Business 81

Business Government Ownership Contracts 81

Kluwer Copyright Blog

MARCH 13, 2024

The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to science and culture ( Geiger, 2013 ), lies in the approximation of the interests of rightholders and users. While Member States can derogate from this right and establish and remunerated exception under art.

Copyright 122

Copyright Art Licensing Contracts 122

The IPKat

MAY 12, 2023

They develop, market and sell statistical process control (SPC) software and gauge management software. The defendant - Mr Aughton - had been developing software for over 50 years and was employed by PQ from 1989 as a software developer and was appointed a director in 2013. Background The claimants - PQ for short - are based in the US.

Copyright Infringement 67

Copyright Infringement Copyright Confidentiality Copying 67

IP and Legal Filings

OCTOBER 9, 2022

Instead of being provided as a loan, capital is invested in return for an ownership share in the company. After the business has been set up and is running on full scale and needs to expand its operations or wants to increase its market, the business will require funding, this type of funding is called expansion funding.

Due Diligence 52

Due Diligence Business Government Marketing 52

The TTABlog

AUGUST 2, 2021

The Board found that Shen knew he was not the owner of the mark, that his false statement of ownership was material to the registration, and that he intended to deceive the USPTO. The false statement of ownership was a material misrepresentation because an application filed by someone who is not the owner is void. Cancellation No.

Registration 52

Registration Ownership Licensing Trademark 52

SpicyIP

NOVEMBER 9, 2023

It was approved through an accelerated approval process based on partial trials, i.e., Phase 2 trials in the US in 2012, and EU in 2013, following which the WHO released its Interim Policy Guidelines to guide usage in the absence of Phase 3 trials. Fn 12 of the same paper). As mentioned above, there are 4 more applications.

Patent 69

Patent Reporting Government Ownership 69

JIPL Online

FEBRUARY 26, 2021

to a generically named company, [xix] which would be ineligible for trademark registration despite that company’s ownership of the domain name [xx] for the mark because the term is still generic in that it “has no capacity to identify and distinguish the source of goods or services.” [xxi] 21, 2013), [link]. [vi] Booking.com B.V.,

Trademark 98

Trademark Registration Trademark Law Advertising 98

Technology & Marketing Law Blog

AUGUST 30, 2021

Court of Appeals for the Ninth Circuit held that California Civil Code section 980(a)(2) , which grants “exclusive ownership” of a sound recording fixed before February 15, 1972, to its “author,” provides only an exclusive right of reproduction and distribution, and does not provide an exclusive right of public performance. (See

Blogging 83

Blogging Copyright Settlement Music 83

43(B)log

OCTOBER 24, 2023

In 2013, Marshall and Harris posted a video to YouTube.com titled “Jade — Continuum,” which included vintage footage of Jade, including Reed, from the 1990s, and promotional material for a new recording featuring Holloway under the name “JADE.” This is why co-ownership is disfavored in trademark—but co-ownership is not prohibited.

False Advertising 59

False Advertising Ownership Service Mark Advertising 59

43(B)log

AUGUST 5, 2021

It seems that boat designers/manufacturers used C&Ds under this regime, but there were 1100 utility patents on boat hulls and 20 design patents since 2013, which was the last boat hull registration. Ownership is of linguistic description of structural properties of invention. Was more heavily used 1999-2003.

IP 45

IP Invention Designs Design 45

SpicyIP

AUGUST 3, 2023

In this context, Swaraj and Anupriya also discussed the issue of IP Ownership in Publicly Funded Research in 2021 highlighting various departmental policies and guidelines governing public-funded R&D and the issues therein. At the same time, South Africa also rolled a similar “Bayh Dole” ball. However, it is unclear if this was done.

Registration 98

Registration IP Copyright Blogging 98

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

At the same time, market uptake of biosimilars in the United States continued to increase, suggesting that there is room for expansion of biosimilars in the U.S. In addition, fewer new biosimilars entered the market this past year, with five biosimilar launches in 2020 as compared to seven in 2019. Yet biosimilars of anti-TNF?

Settlement 52

Settlement Litigation Marketing Marketing 52

IIPRD

FEBRUARY 23, 2021

The risks include unauthorised use and infringement, technological obsolescence, and the marketable nature of IP as collateral. A third-party is engaged to assess factors like product demand, market condition, and potential patent infringement. The agreement lays down conditions for patent ownership in the event of default.

IP 40

IP Intellectual Property Branding Brands 40

Patently-O

FEBRUARY 22, 2023

33] And let’s not forget the elephant in the room, the USPTO, which, as the issuer of patents, has the right to ask for ownership information and the recordation of secured interests throughout the administrative process, particularly as it comes to the broad fee-setting and fee-paying authority it has over the patents it issues and reviews.

Litigation 124

Litigation Reporting Settlement Government 124

LexBlog IP

APRIL 1, 2022

Although NFTs have existed since around 2014, the NFT market exploded last year, generating an estimated $25 billion in sales in 2021 alone. [1] Depending on what rights or ownership a particular NFT transfers, it conceivably could qualify as any of various specific financial instruments listed in the Securities Act definition. [7]

Non-Fungible Tokens 52

Non-Fungible Tokens Law Contracts Artwork 52

Kluwer Copyright Blog

FEBRUARY 8, 2024

Laws aiming to remedy these issues have thus been adopted in Spain in 2011 and 2022 , Italy and Germany in 2013, Austria in 2015, France in 2016, the Netherlands and Belgium in 2018. What’s next?

Publishing 130

Publishing Contracts Art Copyright 130

Technology & Marketing Law Blog

JULY 25, 2022

In 2013 and 2015, it granted exclusive licenses to stream those works to Starz, a premium subscription channel. It’s copyright infringement because an exclusive license is a transfer of copyright ownership. That’s important, because in order to be valid, a “transfer of copyright ownership” must be made in a signed writing.

Blogging 85

Blogging Copyright Licensing Copyright Infringement 85

SpicyIP

JULY 19, 2021

NFTs (Non-fungible tokens), which act as a certificate of ownership for whatever the creator puts up for sale, allow artists to set their preferred terms of contract while making sales. Reportedly, these patents are about connectivity, interface and security elements and the complaints are filed in European and Asian markets.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

LexBlog IP

MAY 3, 2022

A registration certificate is proof of both ownership and trademark rights, which is always required in enforcement actions and is also the strongest form of evidence in civil litigation. Armed with the registration of the 3D mark, Ferrero went after another Chinese copycat company called Gold Monkey in 2013. Unlike the U.S.,

Designs 52

Designs Design Trademark Intellectual Property 52

LexBlog IP

JANUARY 5, 2022

26 , rejected the claim that taking away, or ignoring, the ability-to-control indicia of ownership amounts to a taking: Similarly, property rights, including copyright, have been described as ownership of a bundle of rights or interests. Maclean Hunter Market Reports, Inc., See Harper & Row, Publishers, Inc. Nation Enters.,

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

LexBlog IP

JULY 21, 2021

provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. market for religious publishing and products at $6.8 576 (2013), decisions and their progeny are too rigid and that an Australian more “nuanced” approach to such matters is worth a look. World Intellect.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. Several petitions in the Madras High Court challenged the validity of rule 29(4) of the Copyright Rules, 2013.

IP 143

IP Intellectual Property Copyright Trademark 143