SpicyIP

MAY 18, 2022

Trademarks and the Metaverse: Imaginary Rights or Real Wrongs? World over companies are rushing to protect their trademarks in the online, virtual environment – the metaverse. In the US too, several companies are protecting their trademarks for similar goods and services. Dec 21, 2021. Aparajita Lath. Image from here.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

IP and Legal Filings

FEBRUARY 7, 2023

This demonstrates the succinctness and simplicity of the Metaverse’s trademarking mechanism. Their rights will be protected thanks to the metaverse brands’ trademarks. By deterring rip offs, trademarks safeguard a company’s identity and the repute of its brand(s), especially in the Metaverse.

Trademark 83

Trademark Non-Fungible Tokens Branding Brands 83

Intepat

MAY 16, 2024

One such event is the “Blockchain Whitepaper for IP Ecosystems,” held in 2021. Fundamentally, the capacity of blockchain technology to generate an immutable and transparent ledger makes it especially useful for documenting the production, ownership, and transfer of intellectual property rights.

IP 52

IP Intellectual Property Ownership Contracts 52

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

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.

Copyright 78

Copyright Cease and Desist Ownership Registration 78

IP Intelligence

MAY 27, 2021

Earlier this month, the United States Patent and Trademark Office (USPTO) issued a notice of proposed rule-making [1] to implement provisions of the Trademark Modernization Act (TMA), which Congress passed in December 2020. [2] 2] The public has until July 19, 2021, to comment on the proposed rule-making before implementation.

Trademark 52

Trademark Registration Copying Ownership 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)

Registration 72

Registration Social Media Trademark Registering Trademarks 72

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 9, 2021

A step-by-step guide to the trademark Registration process and timelines. Jump to: Trademark Timeline Overview. Q: What happens once I file a trademark application? Trademark Intake Form. Trademark Search. Trademark Application Preparation. Registration. trademark TIMELINE OVERVIEW.

Trademark 52

Trademark Registration Intellectual Property Registering Trademarks 52

The TTABlog

MAY 28, 2024

The CAFC affirmed the Board's dismissal of two petitions for cancellation on the ground of lack of entitlement to a statutory cause of action under Section 1064 of the Trademark Act. 413, 423 (2021) (citing Lujan v. registrations are cancelled, not marks - ed. ]. TransUnion LLC v. Ramirez , 594 U.S. of Wildlife , 504 U.S.

Registering Trademarks 57

Registering Trademarks Registration Trademark Ownership 57

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 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).

Registration 67

Registration Ownership Intellectual Property Contracts 67

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

43(B)log

FEBRUARY 16, 2023

22, 2022) This is a super messy case with a lot going on; I’m going to blog about it mainly to highlight a new thing you can apparently do with a trademark application , which is use it on non-Amazon platforms to gain advantages. But (see below) Jones didn’t plead trademark infringement [would fraud on the PTO have worked?

False Advertising 87

False Advertising Trademark Registration Advertising 87

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. Australian Therapeutic Supplies Pty. Naked TM, LLC , Cancellation No.

Registration 51

Registration Contracts Advertising Advertising 51

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." The Board also pointed out that "as between a manufacturer and distributor, the manufacturer is presumed to own a trademark applied to the goods." See also Chem.

Ownership 52

Ownership Registration Trademark Contracts 52

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. He subsequently assigned his rights to the City of Vernon.

Copyright 127

Copyright Artwork Due Diligence Publishing 127

JIPEL Copyright Blog

MARCH 16, 2022

The new gems being mined are the non-fungible tokens (NFTs), which are already at the center of several trademark battles. Although brands cannot afford a trial-and-error strategy, it is most likely that they will better understand how to properly enforce their trademark rights in this new virtual world as initial lawsuits run their course.

Trademark 40

Trademark Non-Fungible Tokens Branding Brands 40

LexBlog IP

JANUARY 25, 2024

the Ninth Circuit revived a trademark infringement case previously dismissed on grounds that the First Amendment shields “expressive” trademarks from Lanham Act liability unless plaintiff can show the mark (1) has no artistic relevance to the underlying work, or (2) explicitly misleads as to its source. [1]

Trademark 40

Trademark Designs Design Branding 40

43(B)log

OCTOBER 31, 2022

He alleged trademark and related claims based on CasperLabs’ use of the name. 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.

Registration 59

Registration Trademark Ownership Marketing 59

TorrentFreak

APRIL 12, 2022

Company Claims Ownership of ‘Reloaded’ Trademark. In a complaint filed this month in an Indiana court, clothing and apparel company NuStar Enterprises LLC states that since September 2016, it has continually used the ‘Reloaded’ trademark in commerce. Trademark Registration No.

Branding 121

Branding Brands Branding Trademark 121

IPilogue

DECEMBER 16, 2021

Following its worldwide premiere on November 24, 2021, the biographical film House of Gucci may face lawsuits for its depiction of the Gucci family. Gucci has been trademarking as a fashion brand since the 1980s , garnering over one hundred registered marks. Photo by Artem Beliaikin ( Pexels ).

Branding 110

Branding Brands Branding Trademark 110

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). Trademark Rule 2.104(c), 37 C.F.R. Trademark Rule 2.107(b), 37 C.F.R. Seacrets, Inc.

Ownership 40

Ownership Registration Designs Design 40

IP and Legal Filings

OCTOBER 28, 2022

NFT creation, investment, sale, and ownership interest exists in Indonesia and elsewhere in the world. 10 of 2021, dated May 21, 2021. registration requirements. Trademark: NFTs may also be protected as a trademark. Article 1(1) of Indonesia’s Trademark Law defines trademark. Introduction.

Non-Fungible Tokens 86

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 86

43(B)log

OCTOBER 4, 2021

Begin with legislative action: Trademark Modernization Act, Which introduces three of the big themes of the year: (1) trademark use, (2) the harm of infringement, and (3) the role of the First Amendment in limiting the scope of trademark rights. Slides here.

IP 94

IP Trademark Advertising Advertising 94

SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

Intepat

MAY 24, 2024

This enhanced valuation allows startups to raise more capital while giving up less ownership. The Economic Survey 2021-22 reports that patent applications typically remain pending for an average of 42 months before a decision is made in India. Patents are generally valid for a maximum of twenty years from the filing date.

Patent 52

Patent Intellectual Property Confidentiality Invention 52

IPilogue

OCTOBER 7, 2021

In 1996, the Comox First Nation in British Columbia brought a claim against an Indigenous artist from a different tribe over the use of the trademark “Queneesh”, which had been used to describe the defendant’s art business. The court ultimately decided against the band because “Aboriginal rights are outside the scope of trademark law.”.

IP 105

IP Intellectual Property Trademark Law Ownership 105

LexBlog IP

OCTOBER 27, 2021

After months (or, perhaps, years) of diligent legal work, your business has finally secured its intellectual property rights through a patent , a trademark registration, a copyright registration or some combination thereof. Trademark Maintenance. The hallmark of trademark law is use. Patent and Trademark Office.

Intellectual Property 52

Intellectual Property Registration IP Trademark 52

SpicyIP

FEBRUARY 20, 2023

Last week on the blog we featured posts with nuanced discussions on burning issues surrounding patents, trademarks, and copyright. Numeral Marks, Passing off, Trademark Infringement – Delhi High Court’s All-in-One Approach? Case Summaries After Delhi High Court, Bombay High Court interprets Section 124 of Trademarks Act.

Registration 105

Registration Designs Design Trademark 105

The TTABlog

JUNE 28, 2022

Kretet also pointed to its ownership of a registration for a similar mark for non-medicated skin serums, but the Board was unimpressed. Simply put, Registrant’s goods include cosmetics and sub-types of cosmetic and cosmetic components, and Applicant’s goods are types of cosmetics." In re Krete LLC , Serial No. Welch 2022.

Designs 44

Designs Design Registration Ownership 44

SpicyIP

JULY 5, 2021

Delhi High Court Clarifies Law on Arbitrability of Trademark Disputes. In this guest post , Rounak Doshi discusses the position of law on arbitrability of trademark disputes in light of the Delhi High Court’s recent decision in Golden Tobie Private Ltd. Copyright Ownership in State Board Textbooks: Impediments to Accessibility.

Intellectual Property 105

Intellectual Property Trademark Licensing Copyright 105

Biswajit Sarkar Copyright Blog

MAY 30, 2022

One of the biggest stories of 2021 in the ever evolving world of distributed ledgers and crypto currencies has been the rise of Non-Fungible Tokens (NFTs). Although in principle, a NFT of a trademark or any work in public domain can be created. Introduction. This technological breakthrough has taken the art and tech world by storm.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Ownership Social Media 52

Biswajit Sarkar Copyright Blog

MAY 30, 2022

One of the biggest stories of 2021 in the ever evolving world of distributed ledgers and crypto currencies has been the rise of Non-Fungible Tokens (NFTs). Although in principle, a NFT of a trademark or any work in public domain can be created. Introduction. This technological breakthrough has taken the art and tech world by storm.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Ownership Social Media 52

The TTABlog

AUGUST 2, 2021

For only the second time since the CAFC's 2009 decision in In re Bose , the Board upheld a claim of fraud, ordering cancellation of a registration for the mark FUJIIRYOKI for massage chairs. William Shen, the CEO of Respondent ACIGI, filed the underlying application and then assigned the registration to ACIGI soon after issuance.

Registration 52

Registration Ownership Licensing Trademark 52

SpicyIP

JULY 19, 2021

The Cinematograph (Amendment) Bill 2021: Overbroad, Disproportionate and Unnecessary. In this post , Adyasha analyses the Cinematograph (Amendment) Bill 2021 (‘Bill’) which seeks ‘ to tackle the menace of film piracy ’, and is a revision of the Cinematograph (Amendment) Bill 2019. Topical Highlight. Thematic Highlights.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105