SpicyIP

FEBRUARY 24, 2022

We’re pleased to inform you that Centre for Intellectual Property Studies, National Law University, Jodhpur is is inviting submissions from law students for the ‘NLUJ CIPS Inter College IP Research Essay Writing Competition, 2022’ on the theme ‘“IP and Youth: Innovating for a better future’. 150/- (inclusive of GST).

IP 129

IP Intellectual Property Moral Rights Blogging 129

The TTABlog

OCTOBER 6, 2022

Yes] TTAB Orders Cancellation of CAPTAIN CANNABIS Registration for Comic Books: Petitioner Proved Priority By Use Analogous to Trademark Use TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out? Welch 2022. [Yes] TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out? Guess What?

Service Mark 82

Service Mark Designs Design Ownership 82

IP Watchdog

FEBRUARY 23, 2022

In an opinion letter dated February 14, 2022, the Review Board of the United States Copyright Office (Review Board) affirmed a decision of the U.S. Copyright Office (USCO) denying registration of a two-dimensional artwork generated by Creativity Machine, an artificial intelligence (AI) algorithm created by Dr. Stephen Thaler.

Copyright 145

Copyright Artwork Ownership Registration 145

The TTABlog

JANUARY 2, 2023

Affirms TTAB: Timberland Boot Design is Functional and Lacks Acquired Distinctiveness a href="[link] Grants Petitions for Cancellation of Registrations for the Color Pink for Hip Joint Implants on the Ground of Functionality Section 2(f) - acquired distinctiveness: E.D. Welch 2022. Section 2(e)(5) - functionality: E.D.

Designs 70

Designs Design Television Ownership 70

The TTABlog

JANUARY 5, 2023

The Board issued 38 precedential opinions in calendar 2022, a number that is consistent with recent yearly totals. 21: TTAB Orders Cancellation of OLD SCHOOL Registrations Due to Abandonment - Intent to Sell Mark Is Not Intent to Use Dilution: Precedential No. Welch 2022-23. Section 2(e)(5) - Functionality Precedential No.

Registration 78

Registration Designs Design Ownership 78

SpicyIP

NOVEMBER 7, 2022

on 2 November, 2022 (Delhi High Court) . However, the patent on Apaxiban expired in September 2022 and via the present order, the court ruled that “ there can be no injunction on the manufactured stock lying with the Defendants, from being sold as on date. ”. vs Dr. Tajinder Bhatti on 2 November, 2022 (Delhi High Court) .

Patent Prosecution 111

Patent Prosecution Invention Journalism IP 111

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. 87724338, 2022 WL 16960106 (TTAB Nov. 9, 2022). 87724338, 2022 WL 16960106 (TTAB Nov. ” Registration on the Principal Register was refused.

Registration 52

Registration Law Trademark Ownership 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.

Copyright 78

Copyright Cease and Desist Ownership Registration 78

Intepat

DECEMBER 6, 2022

The year 2022 has been an extremely important year for the development of trademark jurisprudence in India. Mentioned below are some crucial judgements passed in the year 2022 on matters dealing with trademark infringement. Vijaya Sai And Others (19 th January 2022). Frost Falcon Distilleries Limited (2 nd March 2022).

Trademark 98

Trademark Trademark Law Registering Trademarks Law 98

LexBlog IP

JANUARY 10, 2024

That then plays off the rest of the title’s allusions to separating “subjects” from the “predicates” of copyright ownership, themselves words connoting the foundational elements of both “ any complete sentence ” and at times a court’s jurisdiction over infringement matters. ’” Id.

Ownership 52

Ownership Copyright Government Intellectual Property 52

43(B)log

JANUARY 18, 2022

DAMM, LLC, 2022 WL 136914, No. 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.” Thus, WRB wasn’t likely to succeed on ownership.

Registration 45

Registration Ownership Social Media Marketing 45

Patently-O

JANUARY 24, 2023

by Dennis Crouch In 2022, the Federal Circuit held that an invention is only eligible for a US patent if a human conceived of the invention. In addition, standard property law principles of ownership, as well as the work-for-hire doctrine, apply to make Plaintiff Dr. Stephen Thaler the copyright’s owner. Vidal , 43 F.4th 4th 1207 (Fed.

Invention 125

Invention Intellectual Property Registration Copyright 125

SpicyIP

JANUARY 30, 2024

It originally started as a copyright society in 1941 , but later lost that designation and after a long period of running around seeking re-registration, finally in 2022 it was allowed to make an application to that regard. Presently, the application for re-registration is pending before the government for consideration.

Licensing 115

Licensing Copyright Ownership Registration 115

The IPKat

MAY 5, 2023

A recent dispute in Nigeria over trade mark registration and possible proprietorship over a movie title and a title character has brought to the fore questions regarding the processes and procedures at the Trade Mark Registry and whether movie titles and title characters without more should be registrable as trade marks in Nigeria.

Registration 121

Registration Ownership Copyright Trademark 121

Kluwer Copyright Blog

APRIL 5, 2022

Welcome to the first trimester of the 2022 round up of EU copyright law! On 24 March 2022, the CJEU issued its judgment in the Austro-Mechana case which tackles the private copying exception and the compensation for the reproduction and storage of copyright material in the cloud. Photo by Markus Spiske on Unsplash.

Copyright Law 60

Copyright Law Copyright Law Music 60

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. were actually conceived and executed not by man but by machine.”

Art 120

Art Copyright Registration Fair Use 120

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

The TTABlog

JULY 13, 2022

Petitioner Gayla Phillips sought cancellation of a registration for the mark STARPOINT for entertainment services, claiming non-ownership and fraud. However, she addressed only the non-ownership claim in her brief, and so the fraud claim was waived. 92070386 (July 11, 2022) [not precedential] (Opinion by Judge Cynthia C.

Ownership 57

Ownership Registration Copyright 57

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?

Social Media 137

Social Media Registration Intellectual Property Ownership 137

Plagiarism Today

JANUARY 18, 2022

Support derivative projects from the community pic.twitter.com/g4QnF6YZBp — Spice DAO ( , ) (@TheSpiceDAO) January 15, 2022. — Michael Engard (@Kaelri) January 16, 2022. Coupled with their registration service, they can also provide assurances that NFTs are authentic as well.

Copying 338

Copying Moral Rights Copyright Registration 338

Patently-O

JUNE 1, 2022

That exchange included ownership rights of the LEHMAN BROTHERS trademarks. That exchange included ownership rights of the LEHMAN BROTHERS trademarks. But, Barclays was not using the marks and allowed their registration to expire. Barclays opposed the whisky registration and also applied to re-register its mark.

Registration 121

Registration Ownership Trademark Branding 121

LexBlog IP

DECEMBER 26, 2023

Keep in mind the generators are trained on existing material, including things that are protected by copyright and trademark law and registration and patents. used in those generated logos retain the ownership to that original art and do not give you a license to use it exclusively. Can you use it in the ways you want to?

Designs 52

Designs Design Trademark Copyright 52

IPilogue

AUGUST 16, 2022

On April 5 th 2022, the Federal Court released its decision for August Image LLC v AirG Inc , a copyright infringement action concerning images of singer-actress, Jennifer Lopez. The Court spent more time analysing the admissibility of the Copyright Certificate of Registration as evidence of Pugliese’s citizenship. Further Reading.

Copyright Infringement 104

Copyright Infringement Copyright Registration Social Media 104

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." 2022 USPQ2d 292 (TTAB 2022) [precedential] (Opinion by Judge Marc A. The Board dismissed both claims. Illyrian Import, Inc. ADOL Sh.p.k. See also Chem.

Ownership 52

Ownership Registration Trademark Contracts 52

The TTABlog

DECEMBER 21, 2022

87921527 (December 16, 2022) [not precedential] (Opinion by Judge Robert H. Moreover, since applicant is in Miami and registrant in Atlanta, there would be no geographic overlap and almost no opportunity for actual confusion to occur. Welch 2022. What about the marks? In re West Flagler Associates, Ltd. Text Copyright John L.

Registration 78

Registration Designs Design Ownership 78

IP and Legal Filings

JANUARY 31, 2023

For undisputed ownership of virtual designs, Intellectual Property (IP) laws must be thoroughly handled with. The trademark registration safeguards the owner’s rights and establishes the business’s legal standing. However, in order to file a lawsuit of infringement, copyright registration is required.

Law 82

Law Branding Brands Branding 82

Plagiarism Today

AUGUST 2, 2022

Support derivative projects from the community pic.twitter.com/g4QnF6YZBp — Spice DAO (@the_spice_club) January 15, 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. Copyright Office.

Copyright 235

Copyright Non-Fungible Tokens Technology Plagiarism 235

43(B)log

FEBRUARY 19, 2022

Disempowers those who participate in TM but not in the ownership of the company. Sari Mazzuco: Collective marks is a category that exists in TM—a choice for registrants. Q is whether public would understand mark as identifying a particular living individual; if so, no registration w/o consent. There is no one truth.

Branding 59

Branding Brands Branding Music 59

The TTABlog

SEPTEMBER 29, 2022

Relying on the Strategic Partners decision, the Board found that applicant's prior registrations for substantially similar marks covering goods nearly identical to those of the applications at issue, which registrations co-existed for more than five years with the cited registration, turned the tables on the USPTO. Serial Nos.

Registration 70

Registration Ownership Copyright 70

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. she will need to strengthen her claims to ownership of the illustration.

Copyright Infringement 111

Copyright Infringement Copyright Public Domain Ownership 111

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. Safiery Pty Ltd , 2022 USPQ2d 1036 (TTAB 2022) [precedential]. Welch 2022.

Ownership 52

Ownership Registration IP Copyright 52

LexBlog IP

DECEMBER 2, 2022

9126391, 2022 TTAB LEXIS 383, 2022 WL 16646840 (TTAB Oct. The Opposer pled ownership of eleven federal trademark registrations related to various SMOK marks as well as a family of marks “around the wording SMOK.” Ltd (“Opposer”), generally used in connection with electronic cigarettes. Shenzhen IVPS Tech.

Designs 40

Designs Design Registration Copying 40

Intellectual Property Law Blog

OCTOBER 3, 2023

Thaler included several new legal theories to suggest that his contribution to the Creativity Machine, such as his ownership and prompting of the software, would establish a human component of authorship. It cited its AI Registration Guidance, 88 Fed.

Copyright 147

Copyright Copyright Law Artistic Work Ownership 147

LexBlog IP

JANUARY 16, 2024

2022-1212) , where it had previously reversed the USPTO’s cancellation of a registered trademark. In short, Great Concepts beat Dan Tana (by a few years) to the trademark office to register its DANTANNA’S mark ( Registration No. Chutter, Inc. (No. 2929764 ) for restaurant services. 1:08-CV-975-TWT.

Registration 52

Registration Due Diligence Trademark Registering Trademarks 52

IP and Legal Filings

JANUARY 23, 2024

iii] These new organisations quench the thirst of community ownership and free will voting of all members to stop bias and profit maximize intention. mechanism (User content stored in a block chain data and DAOs managing the rules of these chains) in contrast to the ownership by a single entity like meta under web 2.0.

Contracts 73

Contracts Government Ownership Intellectual Property 73

43(B)log

FEBRUARY 16, 2023

2:21-cv-07929-MEMF(PVCx), 2022 WL 18674459 (C.D. 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. Hollywood Unlocked, Inc.,

False Advertising 87

False Advertising Trademark Registration Advertising 87

SpicyIP

FEBRUARY 12, 2024

The country’s music publishing industry has grown significantly, reaching INR 845 crore during FY 2022-23. As evident from the data released by the Rajya Sabha in December 2022, there seems to be a gap in terms of the amount allotted in the scheme and the amount actually used. 2021-2022 17.27 in crore) 2019-2020 21.15

Music 105

Music Publishing Reporting Government 105