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. Tiktok Inc.,

False Advertising 59

False Advertising Intellectual Property Copyright Notice Advertising 59

The IPKat

MARCH 24, 2024

On 11 April 2024, there will be also the official launch event in Brussels during a conference on the AI Act. As the designated domain name for the island, ".ai" As the designated domain name for the island, ".ai" Consequently, Anguilla's government profits from registration fees for ".ai" For more information click here.

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Intellectual Property Journalism Intellectual Property Law Registration 62

The TTABlog

MARCH 6, 2024

91275380 (March 4, 2024) [not precedential] (Opinion by Judge Mark Lebow). 91271554 (February 29, 2024) [not precedential] (Opinion by Judge Jennifer L. 91263387 (February 16, 2024) [not precedential] (Opinion by Judge Karen S. Text Copyright John L. Text Copyright John L. Welch 2024. Hormel Foods, LLC v.

Registration 62

Registration Designs Design Copyright 62

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

The TTABlog

FEBRUARY 28, 2024

Frequent TTAB litigant Monster Energy Company got mugged in this opposition to registration of the mark shown immediately below, for mugs and plates. 91271109 (February 26, 2024) [not precedential] (Opinion by Judge Mark Lebow). Text Copyright John L. Welch 2024. Monster Energy Company v. Victor Rodriguez , Opposition No.

Designs 62

Designs Design Registration Business 62

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

The TTABlog

MAY 7, 2024

The application was filed under Section 1(b) and the mark had not been put into use, so the applicant claimed acquired distinctiveness from three other BASQUIAT registrations, but the Board found that its supporting evidence fell short. 97291105 (May 1, 2024) [not precedential] [not precedential] (Opinion by Judge Thomas L.

Registration 62

Registration Branding Brands Branding 62

The IPKat

NOVEMBER 24, 2023

Living in sunny Australia, Chewbacca has no excuse for his grumpiness © Madi Hapi Design Law Redesign The Centre for Commercial Law Studies at Queen Mary University of London is holding a seminar on the reforms which are currently taking place internationally and regionally in relation to design law.

Intellectual Property 67

Intellectual Property IP Music Designs 67

The TTABlog

JANUARY 8, 2024

The TTAB has re-designated as precedential its September 2022 opinion in this cancellation proceeding. The Board granted a petition for cancellation of a registration for the mark CAPTAIN CANNABIS for comic books, on the ground of likelihood of confusion with Petitioner Laverne J. Text Copyright John L. Welch 2022, 2024.

Registration 73

Registration Trademark Social Media Designs 73

The IPKat

MARCH 29, 2024

On 29 February 2024, the UK Intellectual Property Office (UKIPO) released a report on “ Emerging public perceptions of intellectual property in UK media ” authored by fellow Kat Hayleigh Bosher. The second case concerned the trade marks registrations of some iconic Welsh words by a Welsh company.

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Intellectual Property Social Media Reporting Registration 62

The TTABlog

APRIL 2, 2024

The Board dismissed this opposition to registration of a mark comprising the product configuration of boxes for storing board game components or dice, rejecting Opposer Chris Taylor's claims of de jure functionality and lack of acquired distinctiveness. 91255161 (March 29, 2024) [not precedential] (Opinion by Judge Elizabeth A.

Designs 57

Designs Design Social Media Registration 57

The IPKat

FEBRUARY 14, 2024

With the WIPO Diplomatic Conference fast approaching in May 2024, this Kat considered how the proposal for a disclosure of origin requirement in patent applications for inventions based on genetic resources compares with the recent law reform efforts in Australia and India. Photo by Jasmine Pang, via Pexels.

Editing 62

Editing Intellectual Property Copyright Patent Application 62

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

MARCH 20, 2024

97102423 (March 18, 2024) [not precedential] (Opinion by Judge David K. Global attempted to prove the weakness of the cited mark by introducing a dozen third-party registrations covering clothing products. However, as the Examining Attorney observed, none featured "a design that visually resembles the mark at issue."

Branding 48

Branding Brands Branding Registration 48

The IPKat

OCTOBER 31, 2023

Photo: shutterstock.com Book launch: Copyright and the CJEU UCL’s Institute of Brand and Innovation Law (‘IBIL’) will host the launch of the new edition of PermaKat Eleonora Rosati’s book ‘ Copyright and Court of Justice of the European Union ’ published by Oxford University Press. The launch will be chaired by The Rt.

Intellectual Property 62

Intellectual Property Intellectual Property Law Journalism Registration 62

The IPKat

MARCH 4, 2024

by Spyridon Sipetas Le sac Swoosh - Instagram (@Jacquemus) On February 26, Jacquemus and Nike revealed their latest collaborative piece, ‘Le sac Swoosh’ (or ‘The Swoosh bag’), teasing their upcoming Spring/Summer 2024 collection, in the context of their partnership, dating back to 2022.

Copying 104

Copying Branding Brands Branding 104

The IPKat

APRIL 22, 2024

Over the next few months, the following will take place and IPKat readers will have an opportunity to enroll with a 25% discount in the registration fees: Summer Course on European Intellectual Property Law Trier, 1-5 July 2024 This course will provide a thorough introduction to European intellectual property law.

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Intellectual Property Law Intellectual Property IP Litigation 62

The IPKat

MARCH 12, 2024

This edited collection addresses the relationship between sustainability and the different IP “ecosystems”, including patents, trade marks, copyright, and unfair competition law. The book can be purchased here with a special discount until 7 April 2024. IPKat readers can take advantage of a 15% discount on the registration fee.

Graphic Design 57

Graphic Design Editing Designs Design 57

Kluwer Copyright Blog

FEBRUARY 28, 2024

Photo by Emily Wang on Unsplash The UK’s attempt to deal with generative AI, training data and copyright law has taken yet another turn. The mandate of the group was to identify, develop and codify good practice on the use of copyright, performance and database material in relation to AI, including data mining.

Copyright Law 60

Copyright Law Copyright Law Music 60

The TTABlog

MARCH 5, 2024

Once again, the existence of a patent established the functional benefits of the design: it "enables the user to secure the holster within the waistband, and the gun within the holster, with minimal bulkiness and weight and with maximum comfort." 90518181 (February 27, 2024) [not precedential] (Opinion by Judge Christopher C.

Design Patent 70

Design Patent Designs Design Trademark 70

The IPKat

FEBRUARY 14, 2024

On 12 February 2024, the United States Patent and Trademark Office (USPTO) announced with a press release the publication of its Inventorship Guidance for AI-Assisted Inventions (Guidance). The Guidance has been published and will be effective from 13 February 2024. The USPTO has organized a public webinar on 5 March 2024 from 1-2 p.m.

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Invention Publishing Inventor Designs 83

The IPKat

APRIL 30, 2024

The session considered the more traditional "AGRI GI" regime (which will be updated when the new Regulation (EU) No 2024/1143 enters into force) and the new Craft GI instrument alongside pivotal topics like the interplay between GIs and EU certification and collective marks, together with the third-country dimension to GIs.

Reporting 78

Reporting Law IP Intellectual Property 78

The TTABlog

APRIL 18, 2024

91244891 (April 11, 2024) [not precedential] (Opinion by Judge Thomas W. Oddly, Opposer pleaded 35 registrations, 27 of which have been cancelled. The Board focused on one of the pleaded, live registrations, as noted above. Text Copyright John L. Welch 2024. How do you think this came out? Wellington).

Registration 44

Registration Advertising Advertising Marketing 44

The TTABlog

MARCH 13, 2024

in standard character and design form (below) for "investment services in the nature of venture capital and private equity financing, and investment banking services." 90263124 (March 11, 2024) [not precedential] (Opinion by Judge Mark Lebow). Text Copyright John L. Welch 2024. And so, the Board affirmed the refusal.

Registration 62

Registration Designs Design Trademark 62

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”. The judgment focused on the Mark with Text.

Copyright 60

Copyright Copying Branding Brands 60

SpicyIP

JANUARY 29, 2024

Here is another round of SpicyIP flashbacks by Lokesh, where he looks into Rahul Cherian’s legacy regarding Copyright Disability Exceptions, National Pharmaceutical Policies and Drug Pricing, and the complicated relationship between Taxation and IP. Last date to Register: 29th February 2024 Case Summaries Premier Spg And Wvg Mills Pvt.

Music 59

Music Intellectual Property Copyright IP 59

The TTABlog

FEBRUARY 1, 2024

91277497 (January 18, 2024) [not precedential] (By the Board). Opposition to registration of PAYFORME for various financial transaction services. 91248564 (January 26, 2024) [not precedential] (Opinion by Judge Wendy B. Text Copyright John L. Welch 2024. PayNearMe, Inc. Substring, LLC , Opposition No.

Service Mark 62

Service Mark Registration Technology Designs 62

The TTABlog

FEBRUARY 16, 2024

The Board affirmed a refusal to register the proposed mark EXPERIMENTAL AND APPLIED SCIENCES for “Dietary and nutritional supplements” on the ground that the mark is used solely as a trade name to identify applicant's business and therefore is not registrable. 88291540 (February 14, 2024) [not precedential] (Opinion by Judge Martha B.

Trademark 51

Trademark Designs Design Service Mark 51

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”. Looking at the clip of Oswald below, you can clearly see elements of the character in Mickey’s modern design.

Public Domain 52

Public Domain Trademark Copyright Registering Trademarks 52

SpicyIP

JANUARY 1, 2024

The Assistant Controller of Patents and Designs – A Reasoned Judgement or Inherently Contradictory? The Court found that while some themes in the film were similar to those in the script, such themes or ideas cannot be protected by copyright and that the standard of ‘substantial copying’ had not been established in the present case.

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Intellectual Property IP Licensing Copyright 105

SpicyIP

MARCH 25, 2024

In light of the recent Patent (Amendment) Rules, 2024, we are pleased to bring this post by Prashant Reddy T., M/S Asm Traders & Ors on 18 March 2024 (Delhi High Court ) The case centers on trademark infringement and passing off allegations brought by the Plaintiffs against the Defendants. Baxalta Incorporated v.

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Trademark Patent Copyright Confidentiality 52

The IPKat

SEPTEMBER 29, 2022

Ubertazzi was one of the leading intellectual property academics in Italy (as well as a great lawyer), founder and editor of the most important Italian copyright journal (AIDA) and editor and author of the most widely used Commentary on Italian intellectual property laws. In fact, one of Prof.

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Reporting Copyright Intellectual Property Artistic Work 82

The TTABlog

MARCH 21, 2024

97010763 (March 19, 2024) [precedential] (Opinion by Judge Christopher C. The combination of "Z" and "PILE" "immediately describes for construction project designers and construction companies a feature or characteristic of the goods, namely, that they are or pertain to the well-known 'Z' shape of sheet pile." Text Copyright John L.

Registration 62

Registration Designs Design Copyright 62

The TTABlog

JANUARY 19, 2024

97069982 (January 16, 2024) [not precedential] (Opinion by Judge David K. In an attempt to avoid the impact of Wal-Mart , Applicant Loops argued that the mark comprises product packaging akin to the trade dress in Two Pesos , and therefore is registrable as inherently distinctive. Text Copyright John L. Welch 2024.

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Registration Copying Designs Design 67

The TTABlog

MARCH 27, 2024

90432695 (March 25, 2024) [not precedential] (Opinion by Judge Cynthia C. That opinion had originally been deemed nonprecedential, but at the USPTO's request, the court re-designated it as precedential. Text Copyright John L. Welch 2024. Russell , Serial No. LLC , 90 F.4th 4th 1354, 2023 USPQ2d 1337 (Fed.

Service Mark 54

Service Mark Registration Trademark Designs 54

The TTABlog

APRIL 3, 2024

Kate Spade moved for summary judgment in its Section 1071 civil action for review of the Board's decision dismissing its opposition to registration of the mark WOLV & Design (shown below left) for watches. March 25, 2024). the average consumer would recall the word WOLV and not the stylized design element."

Designs 44

Designs Design Registration Copyright 44

Biswajit Sarkar Copyright Blog

NOVEMBER 1, 2023

The commencement of the Spring/Summer Fashion Week 2024 has seen luxury brands display their designs on the ramp again. Apart from designer clothes, this year also saw the debut of new signature colours of two beloved luxury brands-Burberry and Gucci. 017215237, 017215245, 017535832, 017535816 ).

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Trademark Branding Brands Branding 79