IP and Legal Filings

FEBRUARY 8, 2023

Indian Copyright Registration The Indian Copyright Office is similarly confused how to handle such requests. As previously reported, the copyright office rejected an application in 2020 that claimed AI (RAGHAV) who was only/sole author of the artwork. [i] In this case, the copyright office allowed registration.

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Registration Art Copyright Artwork 86

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

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Registration Designs Design Copying 130

IP Watchdog

FEBRUARY 2, 2022

Court of Appeals for the Federal Circuit ruled earlier today that a stylized form of the trademark for the.SUCKS domain name failed to create a “separate commercial impression” warranting registration by the U.S. Patent and Trademark Office (USPTO). Vox Populi Registry Ltd.

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Registration Trademark Patent Litigation 80

IP and Legal Filings

JANUARY 26, 2023

2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks. Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3] In this also falls the case of colour marks.

Registration 83

Registration Trademark Trademark Law Law 83

The TTABlog

NOVEMBER 24, 2021

The USPTO has issued its final regulations under the Trademark Modernization Act of 2020. pdf of Act here ]. The new rules [pdf here ] go into effect on December 18, 2021 , except for the implementation of the shorter response period for office actions, which will go into effect on December 1, 2022. Read comments and post your comment here.

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Trademark Registering Trademarks Registration Business 115

SpicyIP

DECEMBER 15, 2023

Subject work on which copyright registration was sought. The Copyright Office had earlier refused registration for the artwork for lack of human authorship necessary to support a copyright claim. Interestingly, the artwork also led to controversy in India when it was granted registration in November 2020.

Artwork 59

Artwork Registration Artistic Work Derivative Work 59

The TTABlog

NOVEMBER 20, 2023

In a rather straightforward ruling, the Board held that "the termination of a reexamination or expungement proceeding in favor of a registrant cannot be the basis for the registrant’s assertion of claim or issue preclusion in a proceeding before the Board to cancel that registration." Malpica , Cancellation No.

Registration 74

Registration Trademark Litigation Licensing 74

The TTABlog

JULY 6, 2021

Belmora ) had the TTAB tackled this issue, and here it reached the same outcome: cancellation of two registrations on the ground that Registrant Meenaxi used its registered marks THUMS UP and LIMCA to misrepresent the source of its soft drink products. 3d 1298, 2020 U.S.P.Q.2d 2020), cert. Meenaxi Enterprise, Inc.

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Registration Marketing Marketing Branding 98

JD Supra Law

JANUARY 19, 2022

As 2021 drew to a close, the United States Patent and Trademark Office (USPTO) introduced two new procedures pursuant to the Trademark Modernization Act of 2020 (the “Act”), providing new, streamlined avenues to seek cancellation of trademarks that are not, or have not at key times, been in actual use. A reexamination.

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Trademark Registration Patent 52

LexBlog IP

MARCH 21, 2023

In a precedential decision, The Trademark Trial and Appeal Board (“TTAB”) refused to reconsider its decision sustaining an opposition to registration of the mark “LOVETTE” on the basis of likelihood of confusion with the mark “NNENNA LOVETTE.” ” Nkanginieme v. Appleton , 2023 TTAB LEXIS 64 (TTAB Mar.

Registration 52

Registration Trademark Intellectual Property 52

The IPKat

SEPTEMBER 9, 2021

Late last month (August), the Kampala Protocol on voluntary registration of copyright and related rights within the framework of the African Regional Intellectual Property Organization (ARIPO) was adopted at a Diplomatic Conference held in Kampala, Uganda. This post presents some of the highlights of the Protocol. See Article 8.

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Related Rights Registration Copyright Contracts 95

Corsearch

MARCH 11, 2021

Did you know that in 2020, over 46,000 trademark applications were filed in Class 5 (Pharmaceuticals and Medical Supplies) in the USPTO and the EUIPO?

Trademark 98

Trademark Registration 98

JD Supra Law

JULY 27, 2021

The new ex parte expungement and reexamination proceedings, introduced by the Trademark Modernization Act, are intended to be efficient ways of removing improper trademark registrations from the register. But will expungement or reexamination always be the best strategy for challenging a trademark registration?

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Trademark Registration 65

Kashishipr

SEPTEMBER 20, 2021

It was in October 2020 when SSPL came to know about NTC’s use of a similar label and trade dress for its set of soya bean edible oil products. The argument that copyright protection and trademark registration were two different things and lacked connection and that an individual or entity couldn’t own both was wholly incorrect.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

IP Spotlight

DECEMBER 31, 2020

Each year, IP Spotlight analyzes this report and, and we update our readers who often ask: how long does it take for a patent or trademark registration to grant? To answer that question: Patents : In 2020 the USPTO’s eight-year trend of reducing patent application pendency continued to trend downward. million.

Editing 76

Editing Trademark Patent Patent Application 76

The TTABlog

JULY 12, 2021

The CAFC issued four precedential opinions, an important decision on the registrability of color packaging ( Forney ), a mundane Section 2(d) case ( QuikTrip ), and two involving what used to be called "standing," but is now referred to as "entitlement to a statutory cause of action" ( Australian Therapeutic and Corcamore ).

Registration 98

Registration Intellectual Property Law Trademark Intellectual Property 98

JD Supra Law

JULY 6, 2021

Furthermore, to maintain the trademark registration the registrant must periodically show it is still using the mark in commerce. Before a mark can become registered in the United States, a trademark applicant must usually provide evidence that its mark is in use.

Trademark 55

Trademark Registration 55

JD Supra Law

DECEMBER 16, 2021

trademark registrations. Patent and Trademark Office (USPTO) will take effect, as part of the USPTO’s implementation of the Trademark Modernization Act of 2020. On December 18, two new procedures will be available for challenging U.S. On that date, new regulations from the U.S. By: Harris Beach PLLC

Registration 52

Registration Trademark Patent 52

Plagiarism Today

AUGUST 18, 2022

copyright law in December 2020 with the signing of the Copyright Alternative in Small-Claims Enforcement Act (CASE Act). . The lion’s share of cases, 84, had works that were already registered when the case was filed (Note: There are an additional three cases where the registration status is unknown).

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Copyright Registration Music Copyright Infringement 286

Dear Rich IP Blog

OCTOBER 27, 2020

Or should I treat the 2020 vinyl reissue as a new entity? However, there are many benefits to registration. I am planning a vinyl reissue (with expanded artwork) this year, the songs are in the same order and have been remastered, but the artwork will be slightly different. Should I file the SR and PA for the 2005 release?

Artwork 52

Artwork Music Registration Copyright 52

Above the Fold

NOVEMBER 17, 2021

Today, the USPTO issued regulations implementing the provisions of the Trademark Modernization Act of 2020 (“TMA”). The Regulations can be found here. Practitioners should review the Regulations as soon as possible to familiarize themselves with the new Rules.

Trademark 52

Trademark Registration Patent 52

LexBlog IP

DECEMBER 21, 2021

The Trademark Modernization Act of 2020 (“TMA”) becomes effective on December 27, 2021 and makes several important amendments to federal trademark law (the Lanham Act) intended to modernize trademark application examinations and clean house of trademark registrations for marks not used in commerce. million registrations. [1]

Trademark 40

Trademark Registration Intellectual Property Litigation 40

Indiana Intellectual Property Law

SEPTEMBER 2, 2022

Trademark Office issued the following 200 trademark registrations to persons and businesses in Indiana in August 2023 based on applications filed by Indiana trademark attorneys: Registration No. AGLOW SINCE 2020. AGLOW SINCE 2020. I’M NOT YOUR KITE B H. GATORADE, G, GIT. SOULFUL KITCHEN. GATORADE THIRST QUENCHER.

Registration 52

Registration Trademark Privacy Music 52

IP and Legal Filings

AUGUST 11, 2021

The Khadi and Village Industries Commission (KVIC) has secured trademark registration for the brand name “Khadi” in three more countries which were Mexico, United Arab Emirates, and Bhutan. The trademark registration in Mexico was granted in December 2020, while the registration in UAE was granted on June 28 and latest in Bhutan on July 9.

Registration 52

Registration Trademark Branding Brands 52

The IPKat

JULY 20, 2023

By decision dated June 15, 2023 ( original Romanian version and English machine translation ) the EUIPO rejected the application for registration of a European Union sound trade mark featuring the nursery rhyme “ Johnny Johnny Yes Papa ” on the grounds of lack of distinctiveness.

Registration 40

Registration Music Branding Brands 40

Plagiarism Today

FEBRUARY 24, 2022

However, H&M felt that there was an error in Unicolors’ copyright registration. According to H&M, the registration was invalid as Unicolors registered the work as part of a collection when it should have been a separate registration. . Why This Case is Important. If you are a U.S.-based For example, the U.S.

Registration 222

Registration Copyright Infringement Copyright Blogging 222

IP Watchdog

AUGUST 16, 2021

Recently, USPTO Commissioner for Trademarks David Gooder wrote on the USPTO Director’s Forum Blog that registrations for U.S. trademarks are up 63% from the same period in 2020. The USPTO received over 92,600 trademark applications in December 2020 alone. First Action Pendency (months) in Q1 of 2020 was 2.8

Trademark 139

Trademark Registration Blogging Branding 139

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

The TTABlog

OCTOBER 14, 2021

2020-2120 (Fed. Note that although the CAFC said "the KÜHL mark was cancelled," we all know that registrations are cancelled, not marks. Its other pleaded registrations are for the marks KUUL, KUHL, and KÜHL (in stylized form), all for various clothing items. IBKUL UBROT LTD. Alfwear, Inc. October 13, 2021).

Registration 49

Registration Copyright Law 49

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

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. The Registration Wrinkle. However, the key one for this article deals with the copyright registration FDN obtained over the work. In the United States, a registration with the U.S.

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Publishing Registration Social Media Copyright 244

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. 3d 1370, 2020 USPQ2d 10837, at *3 (Fed. 2020) (citing Lexmark Int’l, Inc. 3d 1298, 2020 USPQ2d 11277, at *6-7 (Fed. 4 (2014)).

Registration 52

Registration Ownership Advertising Advertising 52

Plagiarism Today

NOVEMBER 16, 2022

1: Ninth Circuit Affirms Validity of Unicolors’ Copyright Registration on Remand, But H&M Scores Big on Remittitur Calculations. Unicolors won at the district court, but that was overturned over issues with the copyright registration. Let me know via Twitter @plagiarismtoday.

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Registration Designs Design Copyright 194

43(B)log

AUGUST 19, 2021

By August 2020, CasperLabs had begun referring to its blockchain protocol and forthcoming token as “Casper.” It filed an application to register CASPER as a trademark in connection with blockchain technology; the registration issued in November 2020. Their agreements terminated in late 2019.

Registration 72

Registration Social Media Trademark Registering Trademarks 72

Indiana Intellectual Property Law

MARCH 5, 2024

The U.S. (..)

Registration 52

Registration Trademark Marketing Marketing 52

Plagiarism Today

JUNE 7, 2022

According to the Yonays, they completed that process and the rights reverted to them in January 2020 and work on Top Gun: Maverick didn’t finish until 2021. 3: Thaler Pursues Copyright Challenge Over Denial of AI-Generated Work Registration. 2: IPTV Pirate Must Pay £963K or 88 Month Prison Sentence Becomes 168 Months.

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Registration Artwork Licensing Copyright 175

Erik K Pelton

DECEMBER 31, 2021

Here are what I found to be the most important trademark issues of the year: Trademark Modernization Act of 2020 (“TMA”) goes into effect. The TMA was passed as part of the COVID relief bill in December 2020. Despite these steps, trademark applicants and registrants continue to be bombarded with scam mailings and communications.

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Editing Non-Fungible Tokens Trademark All Rights Reserved 147