The TTABlog

FEBRUARY 8, 2024

The Board sustained eBay's opposition to registration of the mark shown first below, for advertising and payment processing services, finding confusion likely with the registered and well-known mark EBAY in standard character form and the stylized version shown second below, for legally identical services. Text Copyright John L.

Advertising 51

Advertising Advertising Designs Design 51

LexBlog IP

JANUARY 31, 2024

In the United States, an original work of authorship fixed in a tangible medium of expression (meaning the work can be communicated in a visual or audio form) is a protectable copyright. Because copyright protection has a set term, copyrights in certain works necessarily expire each year and enter the public domain.

Public Domain 52

Public Domain Trademark Copyright False Advertising 52

43(B)log

APRIL 29, 2024

2024 WL 1772833, No. 23, 2024) Skipping the copyright and trade secrets part of the case. (In False advertising: Meishe pointed to statements defendants made in their copyright notice at tiktok.com, in the ByteDance Code of Conduct, in TikTok’s Intellectual Property Policy, and in TikTok’s terms of service.

False Advertising 59

False Advertising Intellectual Property Copyright Notice Advertising 59

43(B)log

APRIL 15, 2024

4th -, 2024 WL 1590590, No. Appellee I Dig Texas tried to appeal to consumers’ preference for American-made products; it used Creager’s photographs of its China-made Montana Post Drivers as part of its advertising. There was no showing that I Dig Texas “made any money from the advertisements bearing the copyrighted images.”

Advertising 59

Advertising Advertising Fair Use Copyright 59

TorrentFreak

MARCH 28, 2024

Ukraine Pushes Ahead With Copyright Reforms After progress was reported in 2023 , Ukraine’s Ministry of Economy issued an order dated February 1, 2024, titled: “On Approval of the Procedure for Formation and Maintenance of the National List of Websites Raising Concerns Regarding the Observance of Intellectual Property Rights.”

Intellectual Property 108

Intellectual Property Related Rights Copyright Advertising 108

Kluwer Copyright Blog

MAY 28, 2024

Image via Pixabay The AI Law Proposal: general context and subject matter On 23 April 2024, the Italian government published the text of a draft law introducing regulatory provisions concerning the use of Artificial Intelligence systems to the Italian legal system (“AI Law Proposal”) ( here ).

Law 63

Law Copyright Art Government 63

TorrentFreak

MAY 24, 2024

As publicly advertised, pirate site domains are nominated for placement on the IWL by rightsholder groups such as the MPA, BPI, IFPI, and the Publishers Association. Once police have carried out their own investigations, any domain subsequently added to the IWL finds itself blacklisted by most of the advertising industry.

Advertising 91

Advertising Advertising Publishing Music 91

Copyright Lately

OCTOBER 23, 2023

Trump is actively litigating a copyright infringement lawsuit over the Eddy Grant song “Electric Avenue” while trying to keep relevant deposition testimony in the case permanently under seal. ” So much for Trump having a basic understanding of copyright law. 14· · · · · Q.· ·Mr. 17· · · · · A.· ·I I don’t know.·

Copyright 96

Copyright Fair Use Music Copyright Infringement 96

SpicyIP

MAY 20, 2024

Highlights of the Week Announcing the 2024 Shamnad Basheer Essay Competition on Intellectual Property Law Prof (Dr.) Shamnad Basheer’s 48th birth anniversary today, we are excited to announce the 2024 Shamnad Basheer Essay Competition on IP Law! Drop a comment below to let us know. On the occasion of Prof.

Trademark 45

Trademark Advertising Advertising Copyright 45

SpicyIP

FEBRUARY 19, 2024

Case Summaries Hmd Mobile India Private Limited vs Mr Rajan Aggarwal & Anr on 9 February, 2024 (Delhi HC) image from here The Plaintiff had filed a petition under Section 50 of the Copyright Act, 1957 for expunging the copyright registration against the Defendant. Sun Pharma Laboratories Ltd. vs Dabur India Ltd. &

Invention 105

Invention Music Art Patent Application 105

TorrentFreak

MAY 16, 2024

The Retraction Order The relevant AGCOM ‘order of annulment’ is dated May 10, 2024, and, like most documents published by the regulator, it begins with a list of relevant laws dating back to 1941 before getting to the crux a page and a half later. Entertainment, Vision Distribution S.p.A, and Rai Cinema S.p.A,

Reporting 92

Reporting Advertising Advertising Cinema 92

SpicyIP

APRIL 15, 2024

Looking at the AP HC’s Curious Decision on Textbooks and Copyright In a significant decision, the AP High Court made some curious findings on copyright and educational material. Is Every ‘Educational Use’ a ‘Fair Use’? Yogesh argues that the reasoning adopted by the Court is problematic and unreasonable. Read on to know more.

Fair Use 59

Fair Use Licensing Trademark Patent Application 59

The TTABlog

APRIL 19, 2024

91274117 (April 17, 2024) [not precedential] (Opinion by Judge Wendy B. Kellsport's evidence regarding advertising expenses were unaccompanied by any sample advertisements, and there was no evidence as to how often the advertisements appeared or how many consumer were exposed thereto. Text Copyright John L.

Advertising 57

Advertising Advertising Registration Marketing 57

Corsearch

MARCH 13, 2023

The copyright for one of the first depictions of Mickey Mouse will expire in 2024. Copyright © Walt Disney Animation Studios Interestingly, Mickey started as a character known as “Oswald the Lucky Rabbit”. Copyright protection is usually granted for 95 years to works published between 1923 and 1977. Steamboat Willie.

Public Domain 52

Public Domain Trademark Copyright Registering Trademarks 52

43(B)log

MARCH 28, 2024

2024 WL 1285631, C.A. 26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. Princeton Excess & Surplus Lines Ins. Cranston Entertainment Inc.; 21-63-JJM-PAS (D.R.I.

Advertising 64

Advertising Advertising Settlement Contracts 64

The TTABlog

APRIL 17, 2024

April 15, 2024). The Fourth Circuit assesses secondary meaning through a number of factors: (1) advertising expenditures; (2) consumer studies linking the mark to a source; (3) record of sales success; (4) unsolicited media coverage of the product; (5) attempts to plagiarize the mark; and (6) the length and exclusivity of the mark’s use.

Designs 62

Designs Design Advertising Advertising 62

The TTABlog

APRIL 18, 2024

91244891 (April 11, 2024) [not precedential] (Opinion by Judge Thomas W. The Board found the amount spent on advertising and marketing (designated "confidential") was "particularly impressive." Text Copyright John L. Welch 2024. Are the goods sufficiently related? How do you think this came out? Wellington).

Registration 44

Registration Advertising Advertising Marketing 44

The TTABlog

APRIL 24, 2024

88437933 (April 19, 2024) [not precedential] (Opinion by Judge Thomas L. ed. ], unquantified advertising expenditures, third-party reviews, and various social media posts. Text Copyright John L. Welch 2024. In re Fumari, Inc. Casagrande). And so, the Board affirmed the refusal to register. TTABlogger comment: WYHA?

Social Media 62

Social Media Advertising Advertising Registration 62

The TTABlog

FEBRUARY 12, 2024

97406016 (February 8, 2024) [not precedential] (Opinion by Judge Cheryl S. Text Copyright John L. Welch 2024. "captures the consumer’s attention and identifies Applicant as the source of the goods." How do you think this came out? In re What Do You Meme, LLC , Serial No. example below]. See, e.g., J.

Advertising 117

Advertising Advertising Trademark Designs 117

SpicyIP

MARCH 11, 2024

Case Summaries Therelek Machines Private Limited vs Therelek Engineers Private Limited on 28 February, 2024 (Karnataka High Court) The petitioner challenged the rejection of its interim application under Section 124 of the Trade Marks Act, seeking a stay in a suit for trademark infringement.

Trademark 59

Trademark Registration Copyright Patent 59

The TTABlog

APRIL 22, 2024

91272724 (April 18, 2024) [not precedential] (Opinion by Judge Cheryl S. The Hostess Brands’ gross profit for 2022 was $465,679,000, and the advertising and marketing expenditures for Hostess Brands was $21.3 The witnesses provided no specific sales or advertising information for the SUZY Q’s brand alone. Text Copyright John L.

Branding 44

Branding Brands Branding Social Media 44

SpicyIP

JANUARY 22, 2024

Do read our summaries of the post on the history of IP teaching in India, some pressing questions arising out of a recent patent prosecution proceeding, and Bombay High Court’s interpretation of Section 60, Copyright Act. Section 60 of the Copyright Act: Finally, Some Answers(?) Read this guest post by Suriya Balakanthan to know more.

Patent Prosecution 59

Patent Prosecution Music IP Registration 59

The TTABlog

APRIL 2, 2024

91255161 (March 29, 2024) [not precedential] (Opinion by Judge Elizabeth A. Copyright Office's (non-final) refusal to register a copyright in the design on the ground that a dice box is a "useful article" under 17 U.S.C. It has advertised at gaming conventions and via social media, Google Ads, and social influencers.

Designs 57

Designs Design Social Media Registration 57

BYU Copyright Blog

APRIL 1, 2024

Private School Too Public With Photographs Joshua Potter April 01, 11:19 AM April 01, 11:22 AM In March 2024, professional photographer Mando Morlos ("Morlos") filed a Complaint alleging that St. Morlos also provided large complimentary promotional posters for the school to advertise with. Morlos and St.

Cease and Desist 40

Cease and Desist Social Media Contracts Intellectual Property 40

The TTABlog

MARCH 12, 2024

92071814 (March 8, 2024) [not precedential] (Opinion by Judge Melanye K. The Board observed that, under Section 45 of the Trademark Act, a service mark is in use in commerce "(1) when it is used or displayed in the sale or advertising of services; and (2) the services are rendered in commerce." Text Copyright John L.

Service Mark 67

Service Mark Registration Licensing Advertising 67

Technology & Marketing Law Blog

MAY 13, 2024

May 9, 2024). — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright. I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright.

Blogging 96

Blogging Contracts Cease and Desist Social Media 96

The TTABlog

MARCH 15, 2024

92075021 (March 8, 2024) [not precedential] (Opinion by Judge Martha B. The mark has been widely advertised and promoted, has enjoyed high sales for the years since 2011, and has been the subject of numerous unsolicited media references. Text Copyright John L. Welch 2024. But what about the marks?

Advertising 48

Advertising Advertising Branding Brands 48

The TTABlog

JANUARY 9, 2024

In re Post Foods, LLC , 2024 USPQ2d 25 (TTAB 2024) [precedential] (Opinion by Judge Thomas V. Text Copyright John L. Welch 2024. Evidence of third-party multi-colored cereals and Internet references to "rainbow-colored" cereals undermined Post's claim of acquired distinctiveness. Red and yellow, purple, blue and green.

Advertising 73

Advertising Advertising Registering Trademarks Trademark 73

Kluwer Copyright Blog

OCTOBER 30, 2023

Copyright infringement – Copyright subsists in the Lidl logo and this was copied by Tesco in creating their Clubcard Price(s) signs. On copyright subsistence, the judge held that the Mark with Text is an artistic work, failing within the sub-category of “graphic works”. Tesco denied copyright subsisted in either.

Copyright 60

Copyright Copying Branding Brands 60

TorrentFreak

APRIL 29, 2024

Flyers distributed in the Bay Area advertising the service had led to DISH investigators handing over $135 for a subscription test purchase. In a judgment handed down April 26, 2024, District Judge Mark T. From: TF , for the latest news on copyright battles, piracy and more. And the targets after those.

Cease and Desist 79

Cease and Desist Settlement Television Branding 79

IPilogue

JANUARY 21, 2022

billion USD by 2024. It is accepted that the copyright (or the “exclusive legal right to produce, reproduce, publish or perform”) to the source code, maps, sound effects, and characters of a game is held by the game publisher. For example, can players enforce some kind of copyright or performer’s right in their gameplay?

Publishing 110

Publishing Intellectual Property IP Licensing 110

The TTABlog

FEBRUARY 27, 2024

97040804 (February 22, 2024) [not precedential] (Opinion by Judge Wendy B. In addition, the evidence established that restaurant services and wine may be advertised by the same source under the same mark and offered at the same location, and that the customer bases for wine and restaurant services overlap. Text Copyright John L.

Registration 51

Registration Trademark Advertising Advertising 51

The TTABlog

JANUARY 25, 2024

90647376 (January 17, 2024) [not precedential] (Opinion by Judge Jennifer E. Examining Attorney Nelson Snyder pointed to a promotional video made of record by Applicant Beveridge which uses the subject mark in advertising, pronounces the mark as the word “cues,” and shows individuals participating in various fitness activities.

Advertising 51

Advertising Advertising Copyright 51

The TTABlog

MAY 9, 2024

92078890 (May 1, 2024) [not precedential] (Opinion by Judge Martha B. There is no evidence, nor does Respondent allege, that it curtailed its advertising or its expansion, or even considered doing so, in light of Petitioner’s usage. Text Copyright John L. Welch 2024. UBANK (TN) v. UBANK , Cancellation No.

Registration 48

Registration Marketing Marketing Settlement 48

TorrentFreak

MARCH 4, 2024

LibGen Hoping for a better outcome, textbook publishers Cengage, Bedford, Macmillan Learning, McGraw Hill, and Pearson Education filed a similar copyright infringement lawsuit against LibGen last year. According to the plaintiffs, LibGen is responsible for “staggering” levels of copyright infringement.

Publishing 97

Publishing Social Media Copyright Infringement Copyright 97

The IPKat

SEPTEMBER 30, 2023

The short-listed candidates will have to send their essays before 15 February 2024. Wurzer is advertising a part-time PhD project at the Center for International Intellectual Property Studies – CEIPI IP Business Academy in collaboration with I3PM International Institute for Intellectual Property Management. Dr. Alexander J.

Intellectual Property 67

Intellectual Property Intellectual Property Management Editing IP 67

The TTABlog

MARCH 5, 2024

90518181 (February 27, 2024) [not precedential] (Opinion by Judge Christopher C. Text Copyright John L. Welch 2024. This post will aim to hit the high points of the 44-page opinion. In re JM4 Tactical, LLC , Serial No.

Design Patent 70

Design Patent Designs Design Trademark 70