IPilogue

MARCH 31, 2023

as an artistic work in Canada on December 1 st , 2021, for “ Suryast ” with CIPO (Registration no. However, while Sahni was able to register Raghav as author, his ownership of Raghav is also an important factor, and authors who do not own their AI co-author may not be as successful.

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Registration Copyright Ownership Artistic Work 105

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. 2021 U.S.P.Q.2d 2021) [precedential] (Opinion by Judge Cynthia C.

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Registration Marketing Marketing Branding 98

IPilogue

JANUARY 14, 2022

2021 was an exciting year for the IPilogue. This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Top 10 Most Read IPilogue Articles Published in 2021. Copyright Ownership of Movies and Films in Canada: Who’s on First? By Meena Alnajar. David Vaver.

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IP Copyright Infringement Inventor Intellectual Property 106

LexBlog IP

MARCH 28, 2022

Trade mark ownership is an important consideration for any business. Unfortunately however, while seemingly obvious, the concept of ownership is sometimes overlooked and can be more complex than originally imagined. At this point, it may be too late! Let’s start with the legislation – a very good place to start.

Ownership 52

Ownership Intellectual Property Content Creation Business 52

The IPKat

DECEMBER 16, 2021

While the High Court found Morison liable for trademark infringement as well as passing-off, the trial judge did not make a finding of copyright infringement, stating that as the designer of the device was not called to testify, copyright ownership was not sufficiently proven. Interested readers can find the Africa IP Highlights 2020, here.

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Copyright IP Ownership Copyright Infringement 89

The TTABlog

JANUARY 4, 2022

-Bee) decisions that he considers to be the most important and/or interesting from the previous calendar year (2021). Great Concepts, LLC , 2021 USPQ2d 1001 (TTAB 2021) [precedential] (Opinion by Judge Marc A. Great Concepts, LLC , 2021 USPQ2d 1001 (TTAB 2021) [precedential] (Opinion by Judge Marc A. Chutter, Inc.

Registration 57

Registration Ownership Licensing Trademark 57

LexBlog IP

APRIL 24, 2023

” the Office’s recent registrability decision regarding the graphic novel created by Kris Kashtanova creates nearly insurmountable, unnecessary hurdles to all kinds of AI authorship. Combine that “mastermind/dominant” author doctrine with the run of cases discussing ownership of software outputs (i.e.,

Ownership 64

Ownership Copyright Registration Public Domain 64

The TTABlog

DECEMBER 31, 2021

35: TTAB Grants MIRAGE BRANDS Cancellation Petition Due To Likelihood of Reverse Confusion On Remand from the CAFC, TTAB Denies Petition for Cancellation of "NAKED" Registration for Condoms TTABlog Test: Three Recent Section 2(d) Inter Partes Cases - How Did They Come Out? [Yes] Precedential No. Lack of Bona Fide Intent: Precedential No.

Cinema 67

Cinema Registration Trademark Reporting 67

LexBlog IP

JANUARY 25, 2023

The Trademark Trial and Appeal Board (“TTAB”) refused registration of #LAW on the Principal Register finding that #LAW failed to function as a trademark. The application claimed ownership of Pound Law’s prior Supplemental Register registration for #LAW (U.S. In re Pound Law, LLC , No. ” Decision at 9.

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Registration Law Trademark Ownership 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. 92070407 (June 10, 2021) [not precedential] (Opinion by Judge Christopher Larkin). AWP USA Inc. Chubb INA Holdings Inc. Cancellation No.

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Registration Ownership Advertising Advertising 52

The IPKat

MARCH 14, 2024

The IPKat has received and is pleased to host the following guest contribution by Nkem Itanyi (University of Nigeria) on a recent dispute over copyright ownership of the movie, Shanty Town which premiered on Netflix in January 2023 and discussions over a sequel to the movie. GMC denied the assertions as false.

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Copyright Cease and Desist Ownership Registration 78

The TTABlog

JULY 13, 2021

But Applicant owns prior registrations for ELDORADO HOTEL CASINO RENO in standard character and design forms, and the Board concluded that, as in Strategic Partners , the thirteenth duPont factor "tipped the scale" and outweighed the other factors, "making confusion unlikely under the facts of this case." Welch 2021. TTABlogged here ].

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Registration Designs Design Ownership 52

Trading Secrets

SEPTEMBER 27, 2021

Please join Seyfarth at the 2021 AIPLA Trade Secret Summit, which is being held November 8-9, 2021 at the headquarters of SolarWinds in Austin, Texas. Additional information and registration here: [link] (click “Register Now” for the full schedule). What’s New in Noncompetes and Trade Secrets?

Ownership 52

Ownership Government Invention Registration 52

The TTABlog

SEPTEMBER 27, 2021

88897035 (September 23, 2021) [not precedential] (Opinion by Judge Thomas Shaw). 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." In re 1872 LLC , Serial No.

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Registration Ownership Designs Design 52

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.

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Registration Trademark Ownership Advertising 52

43(B)log

AUGUST 19, 2021

CasperLabs, LLC, 2021 WL 1164985, No. 26, 2021) Zamfir is a researcher in the field of cryptoeconomics and distributed systems; he and Vitalik Buterin are allegedly the two lead researchers of the proof-of-stake blockchain protocols known as Casper (name adopted around 2015). 21cv474-GPC(AHG) (S.D. 1) The marks were identical. (2)

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Registration Social Media Trademark Registering Trademarks 72

The IPKat

NOVEMBER 21, 2023

The Mark eventually registered in 2003 (the Registration). Just Maradona not attracting any attention at Napoli In 2021, following Maradona's untimely passing the previous year, Sattvica SA, an Argentinean company established by the footballer's former IP lawyer, applied for the Registration to be transferred to it (the Application).

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Registration Ownership Intellectual Property Contracts 67

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.

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The IPKat

AUGUST 17, 2022

In a somewhat comparable situation, a trade mark holder has surrendered some of their registered marks, even though they were accepted by the UK Intellectual Property Office (IPO), after receiving public backlash against the registrations. What does this mean for the hundreds of other registrations that include these, or similar, words?

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Social Media Registration Intellectual Property Ownership 137

LexBlog IP

DECEMBER 17, 2021

— TTABlog (@TTABlog) December 17, 2021. CAFC Affirms TTAB: “BF-7” Registration for Nutritional Supplements Invalid Due to Non-Ownership [link] pic.twitter.com/WC2HjdF4D2. — TTABlog (@TTABlog) December 15, 2021. — USPTO (@uspto) December 17, 2021. Issued this week to TOD’S S.p.A.—D938,144,

IP 52

IP Ownership Design Patent Designs 52

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

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). 92056381 (December 16, 2021) [not precedential] (Opinion by Judge Marc A. Welch 2021. Australian Therapeutic Supplies Pty.

Registration 51

Registration Contracts Advertising Advertising 51

Chicago IP

NOVEMBER 19, 2021

31, 2021) (Chang, J.). Having pled ownership of the copyright, Force Partners was not required to provide proof that the image was part of the copyright registration or deposit materials. Southall v. Force Partners, LLC , No. 20 C 3223, Slip Op. Judge Chang granted in part defendant Force Partners’ Fed.

Copyright Notice 72

Copyright Notice Copyright Registration Ownership 72

IPilogue

DECEMBER 10, 2021

Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. publications of the translated work, which lacked both registration and copyright notice in Scott-Giles’ name. On October 21, 2021, U.S. Sarah Raja is a 3L J.D. Background.

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Copyright Infringement Copyright Public Domain Ownership 111

The IPKat

APRIL 19, 2023

Ownership of every name periodically expires and, at that point, anyone may freely claim it on Namecoin by re-registering the expired name. If a new user re-registers a name whose registration is expired, a new token is created. If a new user re-registers a name whose registration is expired, a new token is created.

Non-Fungible Tokens 120

Non-Fungible Tokens Artwork Contracts Art 120

LexBlog IP

AUGUST 16, 2023

The deal market reached historic levels in recent years, with record-setting merger and acquisition activity in 2021. IP Ownership Nearly all purchase agreements require the seller to warrant that it owns or licenses the intellectual property necessary for operation of the business.

Due Diligence 52

Due Diligence IP Intellectual Property Ownership 52

LexBlog IP

AUGUST 14, 2023

On January 1, 2021, Congress enacted the Corporate Transparency Act (the “CTA”) as part of the Anti-Money Laundering Act of 2020 in the National Defense Authorization Act for Fiscal Year 2021. What is Considered an Ownership Interest? What is Substantial Control?

Business 52

Business Ownership Reporting Registration 52

Plagiarism Today

AUGUST 2, 2022

For example, blockchain copyright registrations in the United States would be of almost no use, as such registrations already need to be recorded with the U.S. Back in November 2021, copyright non-repudiation service Safe Creative announced a new system that would affix copyright information to NFTs. Copyright Office.

Copyright 235

Copyright Non-Fungible Tokens Technology Plagiarism 235

The TTABlog

APRIL 6, 2022

Applicant ADOL sought registration of the marks SKËNDERBEU and GJERGJ KASTRIOTI SKËNDERBEU (Stylized) for "beverages from wine distillates, namely, brandy and grape brandy." 2021 USPQ2d 831, at *18 (TTAB 2021). Fraud: Illyrian alleged that ADOL committed fraud by falsely claiming ownership of the subject marks.

Ownership 52

Ownership Registration Trademark Contracts 52

LexBlog IP

NOVEMBER 19, 2021

31, 2021) (Chang, J.). Having pled ownership of the copyright, Force Partners was not required to provide proof that the image was part of the copyright registration or deposit materials. Southall v. Force Partners, LLC , No. 20 C 3223, Slip Op. Judge Chang granted in part defendant Force Partners’ Fed.

Copyright Notice 52

Copyright Notice Copyright Registration Ownership 52

TorrentFreak

APRIL 17, 2023

In January 2021, ACE announced the closure of Megadede; the site’s domains were never transferred yet still redirect to ACE. Domain Shows No Sign of MPA/ACE Ownership Domains under full MPA/ACE control usually have a particular signature. is openly displayed as the registrant along with one of two specific email addresses.

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Registration Confidentiality Settlement Reporting 126

The IPKat

NOVEMBER 1, 2022

Perhaps the right involved was actually a trademark registration, and the journalist had got it wrong? A press report indicated the registration had been made in 1953 by Arthur “Gil” Seabrook, a local broadcaster, as a civic promotion. Unfortunately, while CIPO’s database records registration, it has no copy of what was registered.

Copyright 127

Copyright Artwork Due Diligence Publishing 127

The TTABlog

NOVEMBER 7, 2022

In seeking cancellation of a registration for the mark KIMBERLEY KAMPERS for campers, Petitioner moved for summary judgment on the grounds of non-ownership and abandonment, but it failed to meet its initial burden to make a prima facie case. Here, Petitioner failed to meet its burden of production on either claim.

Ownership 52

Ownership Registration IP Copyright 52

The TTABlog

JUNE 13, 2022

The Board has re-designated as precedential its April 2001 decision dismissing an opposition to registration of the mark SPINTIRES for computer games and software. 91248894 (April 2, 2021) (re-designated as precedential, June 1, 2022). Opposer Saber Interactive alleged only one claim: nonownership. Saber Interactive Incorporated v.

Ownership 40

Ownership Registration Designs Design 40

43(B)log

FEBRUARY 16, 2023

The court says the PTO “granted” the application on June 14, 2021, but that’s the filing date—the ITU application was published for opposition in April 2022, allowed June 2022, and an extension of time to file a statement of use has been granted as of this writing.

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False Advertising Trademark Registration Advertising 87

43(B)log

OCTOBER 31, 2022

Zamfir alleged that, though continued to inquire about the status of the CASPER trademark application CasperLabs represented it would file on his behalf, he didn’t learn that CasperLabs had registered the CASPER mark until early 2021. Zamfir also sought to cancel CasperLabs’ trademark registrations and sufficiently pled that under 2(d).

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Registration Trademark Ownership Marketing 59

SpicyIP

MAY 18, 2022

The Indian Trade Marks Registry is also seeing activity under classes 9, 35 and 41 for registration of trademarks in relation to ‘downloadable virtual goods’ and online virtual services. Dec 21, 2021. Dec 15, 2021. However, when it comes to virtual goods, classification is not straightforward.

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Non-Fungible Tokens Trademark Artwork Art 122