LexBlog IP

NOVEMBER 24, 2021

The trademark was applied for by Mr. Pham in his own name, despite having been designed for and used by his company, Pham Global Pty Ltd ( Pham Global ). authorship, the filing of the application and an intention to use or to authorise use. In Pham v Insight, Mr. Pham applied to register the trademark INSIGHT RADIOLOGY in his own name.

Ownership 52

Ownership Trademark Registration Registering Trademarks 52

Plagiarism Today

JANUARY 4, 2023

billion) fine over allegations that the company abused its ownership of the Android mobile operating system to unlawfully push its other products. In 2017, partially based upon that report, the European Union voted to renew the license for glyphosate. Back in 2018, that resulted in the European Commission handing down a 4.1-billion-euro

Plagiarism 201

Plagiarism Copying Reporting Licensing 201

SpicyIP

AUGUST 9, 2021

In this post, I will be analysing the recommendations pertaining to the amendment of patent laws in order to facilitate inventorship and ownership by AI. Recommendations vis-à-vis Inventorship and Ownership. Granting AI inventorship and ownership, is not as simple as amending a few provisions in the patent law.

Invention 122

Invention Inventor IP Ownership 122

TorrentFreak

MARCH 14, 2023

The Court’s timeline of the dispute dates back to February 2017 when singer and claimed songwriter Mohammad Rahi emailed Kamraan Ahmed, a director of music publisher Moviebox Megastores International Limited. He alleges that the defendants falsely claimed ownership of his music and had no right to upload his songs to YouTube.

Music 83

Music Copyright Publishing Intellectual Property 83

IP and Legal Filings

JANUARY 24, 2023

When it comes to AI, there are various entities for which a claim for copyright could be made: Programmer: One of the main contention of granting ownership to AI is that it is the programmer who designs, creates, or trains the computer software, without which the AI system would not have been created. 8] Who Owns The Copyright In Ai?

Copyright 91

Copyright Ownership Artistic Work Intellectual Property 91

Technology & Marketing Law Blog

APRIL 1, 2023

Construing these allegations as true and in Service’s favor, Service subjectively believed that he possessed an ownership interest and that he never approved the Comedy Dynamics deal. I’m pretty sure the drafters of 512(f) never contemplated that it would be invoked in disputes over ownership.

Fair Use 106

Fair Use Cease and Desist Contracts Ownership 106

Patently-O

MAY 15, 2024

Henry’s ink had been specially designed for use with the machine — undermining any arguments that the license restricted use of commodity goods. Interestingly, although clearly specially designed for use on Dick’s rotary mimeograph, Henry’s ink can itself bore a notice stating it was not to be used on A.B.

Patent Law 110

Patent Law Patent Law Invention 110

Technology & Marketing Law Blog

MARCH 15, 2022

That’s by design–the DMCA was designed to resolve matters outside of court. Now, imagine the rightsowner also overclaimed trade dress protection for its sage leave design. Benjamin. * How Have Section 512(f) Cases Fared Since 2017? ” This is clearly wrong.

Copyright 130

Copyright Cease and Desist Fair Use Litigation 130

IP and Legal Filings

NOVEMBER 25, 2022

Regarding the material component, SME jobs helped rural residents raise and maintain their income, gave them equal access to, control over, and ownership of assets, and allowed them to access high-quality services for health care, nutrition, and education.

Business 64

Business Government Ownership Designs 64

The TTABlog

APRIL 6, 2022

124 USPQ2d 1028, 1033-34 (TTAB 2017). 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."

Ownership 52

Ownership Registration Trademark Contracts 52

Technology & Marketing Law Blog

NOVEMBER 30, 2023

Instead, Source Capital alleges the DMCA takedown notices were “knowingly false” and designed to kick Source Capital out of the Google search results during the high season. Prior Posts on Section 512(f) * 512(f) Once Again Ensnared in an Employment Ownership Dispute–Shande v. Benjamin * How Have Section 512(f) Cases Fared Since 2017?

Fair Use 67

Fair Use Cease and Desist Copyright Ownership 67

LexBlog IP

FEBRUARY 21, 2022

billion in sales in 2021 alone, the non-fungible token (“NFT”) has recently undergone a dramatic rise in prominence in the cryptoverse, similar to the “crypto summer” of 2017-18 or the “DeFi summer” of 2020. With an astounding $17.7 The cat painting itself does not usually immutably exist on the blockchain.

Ownership 52

Ownership Art Artwork Non-Fungible Tokens 52

The TTABlog

SEPTEMBER 27, 2021

Applicant claimed ownership of the word-plus-design mark shown immediately below, for "clothing, namely, shirts, t-shirts, shorts, sweatshirts, pullovers, pants, jackets, coats, belts, socks, headwear and footwear." See , e.g., In re USA Warriors Ice Hockey Program, Inc. , See , e.g., In re USA Warriors Ice Hockey Program, Inc. ,

Registration 52

Registration Ownership Designs Design 52

The TTABlog

OCTOBER 3, 2022

Deemed a Specially Designated Narcotics Trafficker (SDNT), applicant was banned from doing business in the United States from 2008 to 2015. Although it did not resume use of the mark for seven years, it commenced TTAB litigation with ARSA in 2016 regarding ownership of the mark. Who Owned the Mark?:

Ownership 40

Ownership Litigation Registration Business 40

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. 493 (2017); Courtney J. SF Design Group. Fredman Design Group.

Social Media 84

Social Media Contracts Ownership Business 84

Technology & Marketing Law Blog

DECEMBER 5, 2022

Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v.

Marketing 78

Marketing Marketing Cease and Desist Fair Use 78

Technology & Marketing Law Blog

AUGUST 8, 2021

“Plaintiffs have adequately alleged that a member of the general online public ‘might see the EMMY Statuette Design as used by Defendant and mistakenly believe that there is a link between Plaintiffs and Defendant or find the association offensive, thus tarnishing the mark.'” .” UGH. No evidence re. July 30, 2021).

Fair Use 132

Fair Use Television Cease and Desist Copyright 132

IP and Legal Filings

NOVEMBER 30, 2022

With a share of approximately 30% in the GDP, the manufacturing sector is expanding at an average rate of 11.9%, services are increasing at an average rate of 8.1%, and agriculture contributed 25% of the GDP in 2017 with an annual growth rate of 3.8%. One of ASEAN’s most liberal and open economies is Cambodia. Conclusion.

Intellectual Property 67

Intellectual Property Marketing Marketing IP 67

Technology & Marketing Law Blog

OCTOBER 4, 2022

Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v.

Cease and Desist 88

Cease and Desist Fair Use Copyright Blogging 88

Intepat

APRIL 11, 2023

Startups must prioritize obtaining patents, trademarks, copyrights, designs etc., This scheme, however, merely aids the applicants to garner protection for their IPRs and does not in any way transfer ownership of the same to either the facilitators or the government. 5/1 /2017-CIPAM, dated 19.11.2018.

Intellectual Property 52

Intellectual Property Government IP Patent Application 52

43(B)log

JULY 3, 2023

Zuluaga told a designer to look at Industria’s website when creating Latinfood’s packaging designs for Zenú and Ranchera and brought one of Industria’s Ranchera labels to the designer’s office. I don’t quite get how it could show ownership of the trade dress in the US but not ownership of the word marks.)

False Advertising 59

False Advertising Advertising Advertising Registration 59

Technology & Marketing Law Blog

APRIL 29, 2023

Benjamin * How Have Section 512(f) Cases Fared Since 2017? Universal * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. HSI * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v.

Fair Use 101

Fair Use Cease and Desist Copyright Trademark 101

Technology & Marketing Law Blog

MARCH 6, 2022

Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v.

Fair Use 100

Fair Use Cease and Desist Copying Copyright Infringement 100

Kluwer Copyright Blog

SEPTEMBER 6, 2023

as an author where it otherwise meets authorship criteria, with any copyright ownership vesting in the AI’s owner.” as an author where it otherwise meets authorship criteria, with any copyright ownership vesting in the AI’s owner.” Hence and copyright law was therefore not designed to reach them. Sarony and citing 17 U.S.C. §

Art 67

Art Copyright Registration Artwork 67

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. Defendant had not obtained the Deposit Design from the Copyright Office. Defendant had not tried to find out why Amazon kept reinstating Plaintiff’s listing.

Registration 116

Registration Fair Use Copyright Designs 116

43(B)log

OCTOBER 31, 2022

He alleged that he used the CBC Casper and Casper names exclusively to promote his work to the public, and that, by 2017, he used the Casper mark in commerce in connection with distributing downloadable Casper CBC software and specifications under open-source licensing agreements in the United States.

Registration 59

Registration Trademark Ownership Marketing 59

CopyrightsWorld

APRIL 29, 2022

On November 3rd, 2018, Thaler filed a copyright application for A Recent Entrance to Paradise, designating himself as the claimant and the work’s author as “Creativity Machine,” saying that the copyright should be transferred from the AI to him due to his “ownership of the machine.”

Copyright 98

Copyright Artwork Public Domain Art 98

CopyrightsWorld

APRIL 29, 2022

On November 3rd, 2018, Thaler filed a copyright application for A Recent Entrance to Paradise, designating himself as the claimant and the work’s author as “Creativity Machine,” saying that the copyright should be transferred from the AI to him due to his “ownership of the machine.”

Copyright 98

Copyright Artwork Public Domain Copyright Law 98

Technology & Marketing Law Blog

AUGUST 18, 2022

Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v.

Fair Use 108

Fair Use Cease and Desist Copyright Blogging 108

The TTABlog

JANUARY 26, 2023

Tam (2017), holding a portion of the nation’s statutory trademark law unconstitutional, Justice Alito wrote: “It is unlikely that more than a tiny fraction of the public has any idea what federal registration of a trademark means.” In the U.S. Supreme Court’s opinion in Matal v. It's a fundamental principle of U.S.

Trademark 62

Trademark Registration Trademark Law Business 62

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The first application for a blockchain patent was submitted by the Industrial and Commercial Bank of China with China’s State Intellectual Property Office in November 2017. Most number of patents for blockchains were filed in the year 2017. to various entities dealing with the same.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The first application for a blockchain patent was submitted by the Industrial and Commercial Bank of China with China’s State Intellectual Property Office in November 2017. Most number of patents for blockchains were filed in the year 2017. to various entities dealing with the same.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The first application for a blockchain patent was submitted by the Industrial and Commercial Bank of China with China’s State Intellectual Property Office in November 2017. Most number of patents for blockchains were filed in the year 2017. to various entities dealing with the same.

Technology 52

Technology Patent IP Invention 52

The IPKat

MAY 12, 2023

The software was rewritten in C# and became InSPC v2 in 2017/2018. PQ became aware of InSPC v1 when it was promoted in demo form by CyberMetrics in the Summer 2017. US proceedings were filed by PQ against CyberMetrics in October 2017, Mr Aughton was deposed in October 2021 and the proceedings then settled on confidential terms.

Copyright Infringement 67

Copyright Infringement Copyright Confidentiality Copying 67

Kluwer Copyright Blog

JUNE 9, 2022

In interpreting these provisions, the Commission’s Guidance (COM/2021/288 final) states that information is considered “relevant” if it is at least “accurate about the rights ownership of the particular work or subject matter in question”. fingerprinting” and “metadata-based solutions”).

Technology 96

Technology Marketing Marketing Copyright 96

azrights

NOVEMBER 3, 2021

You may remember from a previous blog post that Coca Cola had design protection of the bottle shape available as an interim measure while they built associations to the bottle shape through their advertising. In practice, there is a constant interplay between use of identifiers and ownership of them.

Trademark 52

Trademark Branding Brands Branding 52

Technology & Marketing Law Blog

MAY 2, 2022

LinkedIn lawsuit started in 2017. The court remains skeptical of LinkedIn’s privacy-based arguments: LinkedIn has no protected property interest in the data contributed by its users, as the users retain ownership over their profiles. In 2019, the Ninth Circuit upheld the district court’s injunction ruling in favor of hiQ.

Cease and Desist 113

Cease and Desist Contracts Privacy Business 113