Intellectual Property Law Blog

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. Id, section 1206. In particular, Section 1213.2

Registration 130

Registration Designs Design Copying 130

The TTABlog

APRIL 8, 2024

The Board granted a petition for cancellation of a registration for the mark TEEN EARTH for "entertainment in the nature of beauty pageants" on the ground of abandonment. Respondent Stafford is the assignee of the subject registration, which was obtained by former U.S. franchisees of Carousel. Coach Builders , 123 USPQ2d at 1192.

Registration 67

Registration Trademark Copyright 67

The TTABlog

JULY 22, 2021

In this cancellation proceeding targeting two registrations for the mark BLEU ICE for clothing, the Board entered judgment by default on December 19, 2018, after Respondent Davoudzadeh failed to file an answer or respond to the notice of default. So, presumably, he received the petition.

Registration 57

Registration Trademark Business Copyright 57

IP Tech Blog

JANUARY 22, 2024

Among other things, the Initiative’s portal compiles registration decisions for AI-generated materials. Particularly instructive is a December 11, 2023 decision by the Copyright Review Board affirming the denial of registration to an AI-generated artwork. does not contain enough original human authorship to support a registration.”

Registration 62

Registration Art Copyright Editing 62

LexBlog IP

JANUARY 22, 2024

Among other things, the Initiative’s portal compiles registration decisions for AI-generated materials. Particularly instructive is a December 11, 2023 decision by the Copyright Review Board affirming the denial of registration to an AI-generated artwork. Copyright Office’s AI Initiative launched in early 2023.

Registration 52

Registration Copyright Art Editing 52

LexBlog IP

MAY 16, 2023

The Trademark Trial and Appeal Board (“TTAB”) at the United States Patent and Trademark Office (“USPTO”) recently issued a precedential opinion concerning the registration of marks used in connection with goods deemed “drug paraphernalia” under the Controlled Substances Act (“CSA”).

Registration 40

Registration Trademark Branding Brands 40

The IPKat

JULY 28, 2022

A useful timeline of events was provided by Darren Meale in his guestpost concerning last year’s Court of Appeal decision: July 2017: High Court refuses a pre-trial reference to the CJEU as premature [2017] EWHC 1769 (see Retromark Volume II ) February 2018: High Court’s 358 paragraph judgment finding infringement subject to referral questions [2018] (..)

Registration 138

Registration IP Law 138

Plagiarism Today

APRIL 7, 2022

It’s a confusing question with no easy answer, but it’s an issue that puts the copyright registration of every website at risk. Though Amazon did remove some 2,000 descriptions in 2018, that came after Amazon asserted that they had proper authorization to use the descriptions and that there was nothing they could do.

Publishing 249

Publishing Registration Social Media Copyright 249

The TTABlog

MARCH 12, 2024

The Board granted a petition for cancellation of a registration for the mark MRS. COLORADO , finding that Respondent Abundance Productions had not used the mark in commerce in connection with "Entertainment in the nature of beauty pageants" on or before the filing date of the underlying application.

Service Mark 67

Service Mark Registration Licensing Advertising 67

Plagiarism Today

JANUARY 27, 2022

As we discussed back in May 2018, nearly four years ago, the WHOIS system was condemned to die a quiet death. The system, which made domain registrant contact information available to the public, was inherently incompatible with the new EU General Data Protection Regulation (GDPR). However, the system hit a landmine in 2018.

Privacy 308

Privacy Registration Plagiarism Publishing 308

Indiana Intellectual Property Law

AUGUST 4, 2023

Trademark Office issued the following 176 trademark registrations to persons and businesses in Indiana in July 2023 based on applications filed by Indiana trademark attorneys: Reg.

Registration 52

Registration Trademark Branding Brands 52

IP Watchdog

FEBRUARY 23, 2022

Copyright Office (USCO) denying registration of a two-dimensional artwork generated by Creativity Machine, an artificial intelligence (AI) algorithm created by Dr. Stephen Thaler. Thaler filed an application to register the computer-generated work, “A Recent Entrance to Paradise,” on November 3, 2018.

Copyright 145

Copyright Artwork Ownership Registration 145

The TTABlog

JULY 5, 2023

The Board rendered a split decision in this opposition to registration of the mark EVOGUE for a wide variety of consumer electronic devices and accessories, tossing out Opposer Advance Magazine's Section 2(d) claim but partly upholding its dilution claim, based on the registered mark VOGUE for, inter alia , magazines and mobile phone software.

Registration 52

Registration Trademark Ownership Advertising 52

LexBlog IP

DECEMBER 8, 2021

On October 12, 2021, the China National Intellectual Property Administration (CNIPA) announced that from January 1, 2022, the CNIPA will issue only electronic copies of trademark registration certificates regardless of whether applications were filed as standard paper filings or as e-filings. 453) — can be accessed here.

Registration 40

Registration Trademark Intellectual Property Copying 40

43(B)log

AUGUST 19, 2021

CasperLabs was founded in October 2018 under that name. It filed an application to register CASPER as a trademark in connection with blockchain technology; the registration issued in November 2020. Thus, to prevail, Zamfir would need to rebut the presumptions created by the registration, and he didn’t.

Registration 72

Registration Social Media Trademark Registering Trademarks 72

The TTABlog

SEPTEMBER 27, 2021

Applicant's prior registration issued in November 2018, before the filing of the underlying application that led to the cited registration. "In In other words, applicant owns a registration for a mark incorporating the same applied-for term, AXION, for in-part identical goods."

Registration 52

Registration Ownership Designs Design 52

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.

Registration 40

Registration Designs Design Copying 40

43(B)log

JANUARY 18, 2022

WRB has an incontestable registration for “Hammer-Schlagen” and a registration for the trade dress of its stump, cross-peen hammer, and nails: specifically, “a three-dimensional configuration. DAMM has a registration for “Minneschlagen.” WRB’s word mark registration states that “the English translation of ‘hammer-schlagen’.

Registration 45

Registration Ownership Social Media Marketing 45

Technology & Marketing Law Blog

DECEMBER 15, 2021

This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. ” Nevertheless, the successor licensee sent DMCA takedown notices to Amazon targeting the registrant’s stripped-down sticker. .”

Registration 111

Registration Fair Use Copyright Designs 111

JD Supra Law

APRIL 11, 2023

In 2018, the U.S. Copyright Office denied the registration of a 2-D work of art “A Recent Entrance into Paradise” generated by artificial intelligence (“AI”). The programmer behind the AI, Dr. Stephen Thaler, sued the Copyright Office sued the Copyright Office in Federal Court in D.C. in June 2022. By: Dorsey & Whitney LLP

Copyright 52

Copyright Art Registration 52

The TTABlog

JUNE 14, 2021

Claiming common law rights in the mark TRAVELSMART for mobile apps related to travel, Petitioner AWP sought cancellation of a registration for the mark CHUBB TRAVEL SMART for similar mobile apps. A petitioner may petition to cancel a registration if such cancellation is within the zone of interests protected by the statute, 15 U.S.C.

Registration 52

Registration Ownership Advertising Advertising 52

LexBlog IP

JULY 18, 2023

1] Because the plaintiffs obtained a Washington state trademark registration, their recourse is limited to that state. To have recourse against infringement outside Washington, a federal registration may provide additional remedies — if it can be obtained. 5] Trademark registrations cannot be granted on illegal goods. .”[4]

Registration 40

Registration Trademark Intellectual Property Branding 40

IPilogue

DECEMBER 21, 2022

A quick search on the USPTO’s trademark database shows that Apple first filed the trademark registration for SMART KEYBOARD back in December 2015 as an iPad Pro accessory. The USPTO rejected the application in 2018, and the Trademark Trial and Appeal Board (“TTAP”) upheld this decision in 2021. Future implications.

Trademark 105

Trademark Registration Technology Trademark Law 105

IP and Legal Filings

AUGUST 11, 2023

2] This new set of marks is often referred to as non-traditional trademarks , and the qualification for their registration, as opposed to a traditional mark, is substantially higher. [3] I do this by demonstrating the statutory criteria for trademark registration and then applying the set criteria to check the registrability of braille.

Trademark 82

Trademark Registration Intellectual Property Intellectual Property Law 82

The TTABlog

FEBRUARY 9, 2024

The Board tossed out this petition for cancellation of a registration for the mark BRONX NATIVE for various clothing items, finding that Opposers were contractually estopped from challenging the registration. And so, the Board denied the petition for cancellation. Read comments and post your comment here.

Registration 73

Registration Intellectual Property Contracts Law 73

The TTABlog

JULY 29, 2021

In a case decided under the TTAB's ACR regime, the Board granted a petition for cancellation of Nema Foods' twenty-year old registration for the mark SEYIDOGLU (in standard form) for various food items, finding that the mark falsely suggests a connection with Petitioner, a major manufacturer of food products, including Turkish desserts and jams.

Registration 52

Registration Cease and Desist Ownership Advertising 52

The TTABlog

FEBRUARY 1, 2024

Opposition to registration of PAYFORME for various financial transaction services. Cohen) [Opposition to registration of THE CAVALIER RESCUE for "Animal rescue services, namely, arranging for the adoption of rescued animals." PayNearMe, Inc. Substring, LLC , Opposition No. 91277497 (January 18, 2024) [not precedential] (By the Board).

Service Mark 62

Service Mark Registration Technology Designs 62

LexBlog IP

MAY 16, 2023

In 2018, a TTAB panel dismissed UTH’s motion to dismiss Curtin’s opposition for lack of standing. This TTAB panel, consisting of different judges from the 2018 panel, reversed course and dismissed the opposition, holding that an opposer’s “real interest” must be commercial in nature. 28, 2018). [2]

Public Domain 52

Public Domain Intellectual Property Trademark Registration 52

The IP Law Blog

SEPTEMBER 14, 2023

Allen originally filed for copyright registration on September 21, 2022, but did not disclose that he had used an AI system to create the work. Allen did not agree to the request and continued to request copyright registration of the entire work. Therefore, Allen asserts the final work is eligible for copyright registration.

Art 120

Art Copyright Registration Fair Use 120

Olartemoure Blog

MARCH 16, 2022

It is to be mentioned that many products fall in different regulatory categories than those whereby they were registered in the country of origin, sometimes requiring additional technical documentation for its sanitary registration (Marketing Authorization-MA). Sentence 2004-00883 of June 7, 2018. Arias Regulatory Affairs Manager.

Registration 98

Registration Branding Brands Branding 98

Kluwer Copyright Blog

NOVEMBER 26, 2023

Then, in 2018, the degree of a photographer’s control over the subject matter arose again with the so-called “monkey selfie” case ( Naruto v. 2018) ), questioning whether a non-human could be the author of a copyrighted work. Copyright registration in the U.S. Years later, in 2005, the U.S. Slater, No. 16-15469 (9th Cir.

Registration 60

Registration Copyright Law Artwork Copyright 60

The TTABlog

DECEMBER 21, 2021

The NAKED condom case returned to the TTAB after a CAFC reversal [ TTABlogged here ] and the Supreme Court's denial of the registrant's petition for writ of certiorari (September 2021). Australian Therapeutic Supplies Pty. Naked TM, LLC , Cancellation No. 92056381 (December 16, 2021) [not precedential] (Opinion by Judge Marc A.

Registration 51

Registration Contracts Advertising Advertising 51

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.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

The IPKat

AUGUST 8, 2021

Registration was obtained in March 2018 by decision of the Opposition Division following an unsuccessful opposition filed by Aeroporto di Villanova d’Albenga SpA (Riviera-Airport) (the applicant), which was named Aeroporto Villanova d’Albenga SpA at the time of the opposition. azacilik Tekstil Sanayi ve Ticaret v EUIPO (C?104/18

Cease and Desist 128

Cease and Desist Registration Business Marketing 128

Technology & Marketing Law Blog

FEBRUARY 4, 2023

He didn’t pay the renewal fee in 2018 (allegedly due to a glitch in GoDaddy’s billing), so GoDaddy released the domain name. “Rigsby’s suit under § 1125(a) is essentially a repackaging of secondary liability claims, targeting the domain registrar directly for the acts of the registrant.” Lanham Act.

Registration 86

Registration Privacy Blogging Publishing 86

The IPKat

DECEMBER 13, 2021

In R 2536/2018-4 , the same parties, Krasnyi Octyabr and Roshen, litigated over the packaging of “Kara-kum” candies, another famous Soviet sweet. In R 2496/2018-5 , Krasnyi Octyabr opposed the registration, by Steinhauer Holding, of a figurative mark used on the packaging for “Little Red Riding Hood” candy.

Branding 125

Branding Brands Branding Litigation 125

IPilogue

NOVEMBER 17, 2022

A month later, the restaurant found an advertisement posted by Meng for the sale of the registration of the JU DIAN & Design Mark for $100,000. In a December 2018 amendment, the Act added section 18(1)(e) , which states that a trademark registration is invalid if the application was filed in bad faith.

Trademark 111

Trademark Registration Advertising Advertising 111