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

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.

Registration 52

Registration Law Trademark Ownership 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. Allen requested a second reconsideration on July 12, 2023, based on a number of arguments.

Art 120

Art Copyright Registration Fair Use 120

The TTABlog

DECEMBER 20, 2023

As you may recall, Pamela Chestek, sometimes known as the IP Ownership Maven ( blog ), applied to register the mark CHESTEK LEGAL on behalf of her law firm, for "legal services." The USPTO refused registration, citing violation of Trademark Rules 2.189 and 2.32(a)(2) Welch 2023. Text Copyright John L.

Ownership 67

Ownership Blogging Registration IP 67

43(B)log

DECEMBER 6, 2023

3d -, 2023 WL 3602813, No. 15, 2023) Williams, a professional artist, was commissioned to paint an abstract mural on the wall of a building located in Des Moines, Iowa. Worse for Williams, Hy-Vee made out a prima facia case that the registration was invalid because Williams claimed he owned “all of the rights” in the mural.

Ownership 69

Ownership Contracts Copyright Registration 69

Patently-O

JANUARY 24, 2023

Thaler’s petition for writ of certiorari to the US Supreme Court would have been due last week, but Thaler was able to obtain an extension with the petition now being due March 19, 2023. Jan 10, 2023). Registration Application #1-7100387071). Registration Application #1-7100387071). PERLMUTTER et al, Docket No.

Invention 125

Invention Intellectual Property Registration Copyright 125

The IPKat

MAY 12, 2024

The wine brand had been around since the nineteenth century but changed ownership a few times. Duca di Salaparuta appealed, arguing that when pre-existing national GI registrations were converted into EU unitary registrations, they were fully subject to the validity requirements of the 2008 Regulation on wines. Article 14.3

Registration 67

Registration Branding Brands Branding 67

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

TorrentFreak

FEBRUARY 16, 2024

Allegations of copyright infringement also featured in a complaint filed at an Arizona court in 2023, which hoped to quickly shut down a popular pirate site. The company’s complaint filed last year targeted the unknown domain registrant of kokoatv.net, kokoa.tv, and vidground.com. filed its complaint. Judge Michael T.

Copyright 112

Copyright Trademark Copyright Infringement Registration 112

Intellectual Property Law Blog

MAY 2, 2023

On April 21, 2023, the Secretary of Homeland Security, Alejandro N. Additionally, on January 23, 2023, the National Institute of Standards and Technology (“NIST”) released the first version of its “ Artificial Intelligence Risk Management Framework ” (“AI RMF 1.0”). Patents On February 14, 2023, the U.S. Both the U.S.

Government 237

Government Business Licensing Copyright 237

IP and Legal Filings

MAY 10, 2024

Its gained momentum with the advent of importance in R&D and patent registration. Assignment of License is transfer of ownership. Where licensing is temporary, assignment is a transfer of IP rights like ownership over the invention. 2023, August 11). INTRODUCTION Technology transfer is a way for innovation.

Intellectual Property 100

Intellectual Property Technology Licensing Invention 100

The TTABlog

APRIL 1, 2024

In 2023, What Was The Rate of TTAB Affirmance of Section 2(d) Refusals to Register? 1: TTAB Orders Cancellation of CAPTAIN CANNABIS Registration for Comic Books: Petitioner Proved Priority By Use Analogous to Trademark Use Section 2(e)(1) - Mere Descriptiveness: Precedential No. Precedential No. Guess What? Welch 2024.

Designs 57

Designs Design Registration Trademark 57

Intellectual Property Law Blog

OCTOBER 3, 2023

On August 18, 2023, the US District Court for the District of Columbia affirmed the U.S. 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.

Copyright 147

Copyright Copyright Law Artistic Work Ownership 147

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

The TTABlog

APRIL 29, 2024

This includes the name of the opposer, which is identified on the ESTTA filing form directly following the statement: “Notice is hereby given that the following party opposes registration of the indicated application.” Therefore, it is available as a ground for opposition, but judgment is contingent on issuance of a registration on that U.S.

Registration 48

Registration Ownership Trademark Law 48

SpicyIP

DECEMBER 22, 2023

The Delhi High Court, vide Order dated 11 December 2023 , declined to grant the prayer of plaintiff (that uses the word mark “Institute of Directors”) to restrain the defendant from using the mark “Directors’ Institute”. Relief against infringement is available, under Section 28(1), only to the holder of a valid registration in a trade mark.”

Trademark 59

Trademark Technology Registration Ownership 59

Plagiarism Today

AUGUST 2, 2022

Spice DAO has announced that it is implementing a three-stage “redemption phase” that will see it attempt to pay back its members as much as possible and, likely, attempt to sell the book in the fourth quarter of 2023. The goal there is to attempt to capitalize on the release of Dune: Part 2. Copyright Office.

Copyright 243

Copyright Non-Fungible Tokens Technology Plagiarism 243

The TTABlog

SEPTEMBER 11, 2023

91239678 and 91244601 (September 8, 2023) [not precedential] (Opinion by Judge Frances S. The Board did, however, find that applicant's ownership of a registration for a virtually identical mark for magazines weighed heavily in favor of applicant as to its word-and-design application. Welch 2023. Monster Energy Company v.

Music 76

Music Designs Design Registration 76

The TTABlog

FEBRUARY 13, 2023

90330813 (February 8, 2023) [not precedential] (Opinion by Judge Robert H. Applicant insisted that "the meaning of 'soul food' in connection with grocery stores is different than it is for actual cuisine, in that the first impression refers to [Black] culture and ownership." Welch 2023. How do you think this came out?

Marketing 70

Marketing Marketing Ownership Registration 70

LexBlog IP

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. Allen requested a second reconsideration on July 12, 2023, based on a number of arguments.

Art 52

Art Copyright Registration Fair Use 52

Technology & Marketing Law Blog

JANUARY 25, 2023

After he was released from jail, he got copyright registrations for the photos and sued (pro se) the media entities for copyright infringement, 1202 violations, and more. To be clear, joint copyright ownership of photos like these could be a policy disaster, so I don’t share the judge’s lament on that front). The complaint.

Copyright 125

Copyright Fair Use Licensing Ownership 125

The IPKat

JANUARY 15, 2023

Events 19 January 2023: “Vintage Brands and the New Bad Faith Conundrum” Fide Foundation and TIPSA (Transatlantic Intellectual Property Academy) will hold the 24 Global Digital Encounters on 19 January 2023. More information and registration are available here and here. 26 January 2023: “Who owns your ink?

Intellectual Property 67

Intellectual Property Intellectual Property Law IP Journalism 67

Kluwer Copyright Blog

OCTOBER 17, 2023

District Court of Columbia of 18 August 2023, No 22-1564, specifying that ‘human authorship is a bedrock requirement of copyright’. On 21 February 2023, the USCO reviewed the registration of the comic book “Zarya of the Dawn” (Registration No. Moreover, the Italian Supreme Court, in decision no.

Copyright 124

Copyright Art Copyright Law Licensing 124

The IPKat

FEBRUARY 3, 2023

As the well-known Sanremo Music Festival is approaching with the 2023 edition, the Italian Supreme Court recently issued decision No. 1107/2023 involving RAI - Radiotelevisione Italiana. RAI contested all the claims as groundless. Here below the artwork by Lindelokse. Picture of the cat courtesy by Arianna Antonelli.

Art 128

Art Copyright Artwork Editing 128

Patently-O

SEPTEMBER 1, 2023

On the heels of a recent court decision denying registrability of AI created work, the U.S. With copyright it is helpful to have some bright lines to streamline the process of registration without substantial case-by-case lawyer input for each copyrighted work, but any hard rule might skip over the nuanced.

Copyright 120

Copyright Copying Derivative Work Licensing 120

The TTABlog

OCTOBER 10, 2023

In an exhaustive and exhausting decision, the Board sustained an opposition to registration of the mark HME in the stylized from shown below, for various types of pipes and other building products, finding confusion likely with opposer's mark KME for overlapping goods. KME Germany GmbH v. Zhejiang Hailiang Co.,

Marketing 70

Marketing Marketing Ownership Registration 70

TorrentFreak

AUGUST 1, 2023

Dated July 31, 2023, and approved by President Putin himself, Federal Law No. That’s just a prelude to further restrictions coming into force in the weeks before Christmas 2023. On top, regular hosting providers will be subjected to state registration and new obligations along similar lines to those imposed on VPN providers.

Government 98

Government Registration Privacy Business 98

LexBlog IP

JULY 12, 2023

The new social media platform Threads was launched on July 5, 2023. As users rush to join the platform, brands should also prioritize claiming accounts in order to guarantee the availability of their choice names—and to prevent potential bad faith registrants.

Social Media 52

Social Media Branding Brands Branding 52

SpicyIP

OCTOBER 9, 2023

Read on to know their thoughts on the controversy, questions around ownership of the work and copyrightability of business model and more! Other Posts Comments from Other Bodies/ Organizations on the Draft Patent (Amendment) Rules, 2023 Comments from Other Entities on the Draft Patent (Amendment) Rules, 2023! vs T.I.M.E.

Social Media 59

Social Media IP Government Copyright 59

Corsearch

FEBRUARY 14, 2023

While the price of consumer goods continues to climb, Valentine’s Day spending in the US is still on course to reach $26 billion in 2023 [1]. The average US consumer is planning to spend $192 on Valentine’s Day gifts in 2023, up by 8% from 2022 – and just shy of 2020’s record ($196), according to The National Retail Federation [2].

Trademark 52

Trademark Non-Fungible Tokens IP Branding 52

TorrentFreak

JULY 13, 2023

To ensure that these records are indeed correct, we conducted a domain lookup directly at the Tonga Network Information Center (Tonic), the domain registration authority in control of the.to Those records confirm the details above and also provide a domain ‘edited’ time of 07:14 on July 13, 2023.

Branding 84

Branding Brands Branding Registration 84

Kluwer Copyright Blog

SEPTEMBER 6, 2023

as an author where it otherwise meets authorship criteria, with any copyright ownership vesting in the AI’s owner.” Conversely, if the Register denies an application for registration for lack of copyrightable subject matter, then this means that the work at issue was never copyright protectable. H&M Hennes & Mauritz ).

Art 67

Art Copyright Registration Artwork 67

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

Patently-O

AUGUST 18, 2023

18, 2023). In this case, Thaler listed the Creativity Machine as the author and designated the work as created autonomously by the AI, with ownership transferring to himself as the owner and creator of the machine. The Copyright Office denied the registration application on the grounds that copyright law requires human authorship.

Copyright 76

Copyright Public Domain Copyright Law Ownership 76

The TTABlog

JANUARY 26, 2023

Tam (2017), holding a portion of the nation’s statutory trademark law unconstitutional, Justice Alito wrote: “It is unlikely that more than a tiny fraction of the public has any idea what federal registration of a trademark means.” Client: “But wait—if I already have a trademark why do I need registration?” It’s not legally required.

Trademark 62

Trademark Registration Trademark Law Business 62

LexBlog IP

AUGUST 31, 2023

This decision raises many issues regarding copyright ownership that will require further court involvement and/or policy reform. This decision raises many issues regarding copyright ownership that will require further court involvement and/or policy reform. However, in the case of AI, determining authorship becomes complex.

Artwork 52

Artwork Copyright Editing Ownership 52

43(B)log

MARCH 10, 2023

CasperLabs, LLC, 2023 WL 2415262, No. 8, 2023) Previous ruling. He now alleged that he was deprived “of his exclusive property and presumed nationwide rights in the CASPER Mark,” the benefits and advantages of federal registration, and the value of his unregistered mark. 21-CV-474 TWR (AHG) (S.D.

Registering Trademarks 45

Registering Trademarks Trademark Registration Ownership 45