The TTABlog

OCTOBER 20, 2023

The court concluded that the Board did not abuse its discretion in construing the petition to include a priority claim based of use analogous to trademark use, and further concluded that substantial evidence supported the Board's findings regarding Andrusiek's prior use. Text Copyright John L. Cosmic Crusaders LLC and Lewis J.

Registration 73

Registration Trademark Service Mark Marketing 73

The TTABlog

SEPTEMBER 8, 2022

Andrusiek's "actual" trademark use on comic books did not begin until 2017, but from 2006 he used the term as the name of a character, which the Board accepted as use analogous to trademark use, leading to the award of priority to Andrusiek. Text Copyright John L. The parties agreed that the marks are confusingly similar.

Registration 95

Registration Trademark Social Media Copying 95

The TTABlog

AUGUST 22, 2023

Elgin, the Board’s membership now stands at twenty-seven (27) Administrative Trademark Judges. Prior Professional Experience : Trademark Examining Attorney; Assistant to the Assistant Commissioner for Trademarks; TTAB Staff Attorney; Education : B.A., Appointed to TTAB in 2014. Rogers, Gerard F. Thurmon, Marc A.

Trademark 52

Trademark Law Copyright 52

IIPRD

MARCH 4, 2024

For Example, Person A used the trademark of Nike to defraud the public and to cause the loss to original Nike by selling duplicate products. So, this is an infringement of trademark and Nike can sue Person A for using its trademark without consent and causing loss to its goodwill. Case Law on Copyright in India.

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

IP Tech Blog

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. NFTs also may embody or use trademarks. This is highlighted in the case of Hermès International v.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

The IPKat

DECEMBER 17, 2021

Today, it’s about the trademark arena. The court declined to form an opinion on Apple’s contention that over the past 15 years, it had established a family of i-prefix trademarks, which would assist a consumer in better recognising its products. (c)

Trademark 96

Trademark IP Registering Trademarks Branding 96

Plagiarism Today

SEPTEMBER 30, 2021

1: Cox Wants to See Evidence in Majors V Charter Copyright Case in Ongoing Bid to Overturn Billion Dollar Judgement. Specifically, Cox alleges the metadata on the evidence indicates that they are files from 2016 though the case only deals with 2012-2014. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

Intellectual Property 214

Intellectual Property Plagiarism Licensing Reporting 214

The IP Law Blog

AUGUST 25, 2022

District Court can exercise personal jurisdiction over a foreign defendant with regard to a copyright infringement suit. Lang Van is a California corporation that produces and distributes Vietnamese music and entertainment, owning the copyrights to thousands of songs and programs. In 2014, Lang Van sued VNG for copyright infringement.

Copyright Infringement 98

Copyright Infringement Copyright Contracts Music 98

LexBlog IP

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. NFTs also may embody or use trademarks. This is highlighted in the case of Hermès International v.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Biswajit Sarkar Copyright Blog

JANUARY 17, 2022

Section 9(1)(a) 1 of the Indian Trademark Act, 1999 mentions lack of distinctiveness in the mark as one of the grounds for refusing registration of the mark. However, in India, there are numerous family enterprises where personal names and surnames have been registered as trademark. Personal Names As Trademark.

Trademark 52

Trademark Registering Trademarks Registration Licensing 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

magna cum laude , from George Mason University School of Law in 2014 and his B.S., Vivian Cheng focuses her practice on trademark and copyright litigation and also counsels clients on a broad range of issues relating to trademark, trade dress, and copyright protection and enforcement, unfair competition, and false advertising.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

The TTABlog

AUGUST 3, 2022

The Otto Roth rule is applicable to trademark registration cancellation proceedings as well. Its sales figures prior to 2014 (totaling $514,798) were "unimpressive." Text Copyright John L. Thus, it had conceded that NATURAL DOG COMPANY was not inherently distinctive. Under the rule of Otto Roth [ Otto Roth & Co.

Law 52

Law Registration Designs Design 52

LexBlog IP

AUGUST 25, 2022

District Court can exercise personal jurisdiction over a foreign defendant with regard to a copyright infringement suit. Lang Van is a California corporation that produces and distributes Vietnamese music and entertainment, owning the copyrights to thousands of songs and programs. In 2014, Lang Van sued VNG for copyright infringement.

Copyright Infringement 52

Copyright Infringement Copyright Contracts Music 52

More Than Your Mark

AUGUST 20, 2021

3-D Printing and Copyrights, Patents, or Trademarks. Copyrights. Copyrights are typically used to protect against the unauthorized reproduction of the creative expression in audio and visual works, including sculptural works. Trademarks. An example of this is a 2014 initiative by Hasbro, Inc. ,

Intellectual Property 98

Intellectual Property Designs Design Invention 98

SpicyIP

NOVEMBER 10, 2022

As such, the petitioner approached the court under Section 32 of the Copyright Act for a compulsory license. The copy of the court order made available by Bar and Bench is provided here and the notice issued by the Registrar of Copyright dated October 26, 2022 is provided here. . Read the provisions here for the fine print).

Licensing 98

Licensing Publishing Copyright Journalism 98

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." Registrant Harwood International enjoyed a constructive first use date of October 6, 2014, the filing date of its underlying application. TMEP Section 903.06 (2022). Emphasis by the Board).

Service Mark 52

Service Mark Registration Advertising Advertising 52

The TTABlog

APRIL 2, 2024

Copyright Office's (non-final) refusal to register a copyright in the design on the ground that a dice box is a "useful article" under 17 U.S.C. Three Frog has been selling its dice box configuration since 2014 and sales have been substantially exclusive and have increased exponentially. Text Copyright John L.

Designs 57

Designs Design Social Media Registration 57

The TTABlog

MAY 5, 2022

Lodestar then began use its mark in the United States in 2014. Lodestar won the priority battle but lost the trademark infringement war. The court carefully parsed the relevant sections of the Trademark Act as well as court precedents involving Section 44 of the Act (for example, the "Lemon Tree" ( SCM v. Text Copyright John L.

Registration 52

Registration Marketing Marketing Trademark 52

IP and Legal Filings

FEBRUARY 2, 2022

The plaintiff is a California-based company that has millions of subscribers on YouTube and other Social Media handles, which is significant to understand the popularity of its various trademarks and copyrights with licenses for various sorts of merchandise. 2) Contributory Trademark Infringement. Celco Customs Servs.

IP 87

IP Social Media Copyright Infringement Trademark 87

Technology & Marketing Law Blog

DECEMBER 27, 2023

Another troubling ruling for an Internet access provider trying to shake a contributory copyright claim based on user-caused copyright infringement. 11, 2023): Time and again we have declared that “prevailing defendants in copyright cases are presumptively entitled (and strongly so) to recover attorney fees.” 22-1641 (7th Cir.

IP 74

IP Advertising Advertising Copyright 74

Biswajit Sarkar Copyright Blog

NOVEMBER 20, 2023

Since 2014, the Eurasian Economic Commission has held permanent observer status at WIPO. Trademarks Independent applications must be filed in each country. It is the conventional way to file a trademark. There is no unified office for EAEU trademarks. It is the unified register of EAEU trademarks.

Intellectual Property 52

Intellectual Property IP Contracts Registration 52

The TTABlog

AUGUST 5, 2022

Peloton Cold Brew filed a civil action for review of an adverse TTAB decision, under Section 1071(b) of the Trademark Act. 117, 125 (2014). Plaintiffs seeks review of the decision of the Trademark Trial and Appeal Board which cancelled Plaintiff's [registration]. Text Copyright John L. Complaint here ]. Daimler AG v.

Registration 62

Registration Trademark Business Copyright 62

Shades of Gray

NOVEMBER 2, 2016

Traditionally, attorneys’ fees were notoriously difficult for a prevailing party to recover in a trademark action. The United States Supreme Court’s 2014 opinion in a patent case, Octane Fitness, LLC v. Octane Takes Off: Application to Trademark Cases. The Pre- Octane Hodgepodge. 6] The D.C. In Fogerty v. Fantasy, Inc. ,

Trademark 52

Trademark False Advertising Litigation Copyright 52

Fish & Richardson Trademark & Copyright Thoughts

AUGUST 22, 2022

Practice area: Trademark and copyright. Law school and year of graduation: Emory University School of Law, 2014. Cheng: Before joining Fish as a trademark and copyright associate, I was an associate at Kenyon & Kenyon in New York, where I worked on patent litigation for about a year and a half. Vivian Cheng: 6.5

Litigation 52

Litigation Copyright Law Business Trademark 52

SpicyIP

OCTOBER 6, 2023

The Delhi High Court recently in Humans of Bombay v People of India granted an interim relief to ‘Humans of Bombay’ (HoB) by issuing a notice to ‘People of India’ (PoI) (both being social media pages) for alleged copyright infringement and ‘replication of HoB’s business model’ including the stories and thus creating an imitative platform.

Ownership 105

Ownership Business Copyright Copyright Infringement 105

The TTABlog

MAY 16, 2023

See Section 26 of the Trademark Act. TTABlogger comment: Shouldn't the Board be asking whether Comptime established acquired distinctiveness before respondent's first use date, which apparently was in 2014? Text Copyright John L. See, for example, the case TTABlogged here. Welch 2023.

Registration 52

Registration Advertising Advertising Copying 52

Copyright Lately

AUGUST 2, 2022

The full story behind Netflix’s copyright infringement lawsuit against Barlow & Bear, and why it’s actually a win for the fan fiction community. When it comes to copyright cases, Netflix has seen stranger things. Barlow & Bear claim they got permission to use the “Bridgerton” trademark.

Music 106

Music Derivative Work Fair Use Cease and Desist 106

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. Industria became aware of Latinfood’s Zenú and Ranchera products sometime between October 2013 and September 2014. Latinfood U.S.

False Advertising 59

False Advertising Advertising Advertising Registration 59

LexBlog IP

JANUARY 31, 2023

Protection of AI-Generated Content Content that is wholly created by AI is not copyrightable or patentable. Copyright law requires the authoring of a creative work that is fixed in a tangible medium. Many recall a famous 2014 case where monkeys got ahold of a photographer’s camera and snapped a number of selfies.

IP 52

IP Copyright Law Copyright Intellectual Property 52

LexBlog IP

APRIL 25, 2023

Extending to copyright law, where Thaler is fighting a similar battle, isn’t there a “modicum of creativity” leading to the AI-created work? Copyright law does this well with the protection of derivative works. an expired copyright). The term “Derivative Work” is defined in 17 U.S.C. §

Derivative Work 52

Derivative Work Invention Copyright Law Copyright 52

Fish & Richardson Trademark & Copyright Thoughts

JUNE 16, 2022

Principal Cynthia Walden and Associate Sarah Kelleher discuss the non-fungible token (NFT) trend across the fashion industry and what this digital arena means for trademark protection and enforcement. Selling the Intangible in Fashion: What Does it Mean for Trademark Protection? PDF copy available. To File or Not to File.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Trademark Branding 40

SpicyIP

NOVEMBER 7, 2022

And the third position was secured by Tanishka Goswami, from National Law University, Delhi for their essay titled “The Copyright Paradox: Striking The Balance Between Free Speech & Copyright In India”. A Look Through The Lens Of Music Generating AI”. The judges for this edition of the competition were Prof. Shubha Ghosh and Prof.

Patent Prosecution 111

Patent Prosecution Invention Journalism IP 111

Selvam & Selvam Blog

NOVEMBER 18, 2022

In an interesting turn of events, the Delhi High Court in Sujatha Chaudhri Vs Swarupa Ghosh ruled in favour of Sujata Chaudhri of Sujata Chaudhri IP Attorneys in a trademark infringement, copyright infringement, and passing off suit restricting another intellectual property lawyer Swarupa Ghosh from using a deceptively similar logo.

Intellectual Property 52

Intellectual Property IP Intellectual Property Law Public Domain 52

The TTABlog

JULY 22, 2021

Here is the current roster of Administrative Trademark Judges at the TTAB. Chief Judge): Appointed to TTAB in 1999; Prior Professional Experience : Trademark Examining Attorney; Assistant to the Assistant Commissioner for Trademarks; TTAB Staff Attorney; Education : B.A., There are 26 judges, including Chief Judge Gerard F.

Trademark 57

Trademark Law Copyright 57

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.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

SpicyIP

DECEMBER 5, 2022

Delhi High Court decreed the suit in favor of the Plaintiff and inter alia directed the Defendant to assign its trademark ‘Saptrishi Sandhi Sudha India’ in favor of the Plaintiff, as undertaken by it in its affidavit. Delhi High Court declared ITC’s ‘Bukhara’ to be a well-known trademark. on 25 November, 2022 (Delhi High Court).

Trademark 105

Trademark Registering Trademarks Registration IP 105

IP and Legal Filings

JUNE 27, 2022

PART 1: of the blog discussed about history, development, fundamentals of IPR and explained Patents and Trademarks. PART 2: of the blog gives a detail about Copyrights, Industrial Designs, Geographical Indications, Layout Designs of Integrated Circuits, Plant Variety Protection and Trade Secrets. Cinematograph films. Sound recordings”.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52