Trademark and Copyright Law Blog

JANUARY 3, 2024

As we ring in 2024, sip some champagne and make a resolution to check in on your trademark portfolio more often. If you acquired a trademark as part of a business transaction, let your attorney and the USPTO know that you’re the owner now. Are you monitoring your trademarks in their natural habitat? It misses you!

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Trademark Registration Branding Brands 52

LexBlog IP

JANUARY 10, 2024

Thursday, January 25, 2024 1:00 p.m. Pacific REGISTER HERE About the Program Join Seyfarth partners Ken Wilton and Lauren Leipold for an examination of pivotal 2023 developments in trademark litigation, from U.S. to 2:00 p.m. Eastern 12:00 p.m. to 1:00 p.m. Central 11:00 a.m. to 12:00 p.m. Mountain 10:00 a.m. to 11:00 a.m.

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Trademark Trademark Law Litigation Business 52

Garrigues Blog

FEBRUARY 5, 2024

A judgment from the Court of Justice of the European Union (CJEU) clarifies the scope of third-party use of trademarks, taking into account the changes introduced in the European Directive on trademarks. regarding the use of the ZARA trademark. The Commercial Court No.

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Trademark Trademark Law Advertising Advertising 59

IPilogue

MARCH 27, 2023

As the world entered January 2023, many excitedly anticipated that Disney’s copyright protection of Mickey Mouse in the United States (US) would expire at the end of 2023, allowing Mickey Mouse to enter the public domain as of January 1, 2024. Mickey Mouse is protected as Disney’s property because it is a registered trademark.

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Public Domain Copyright Law Copyright Registering Trademarks 40

Technology & Marketing Law Blog

MARCH 6, 2024

I’m also left wondering about possibly divergent applications of copyright and trademark law to print-on-demand services. In yesterday’s ruling, the plaintiff got virtually all of the inferences stacked in their favor, but that plaintiff emphasized trademark law. Sunfrog LLC , 2024 WL 940238 (E.D.

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Copyright Trademark Law Publishing Copyright Infringement 99

IP and Legal Filings

MARCH 19, 2024

ABSTTRACT The constraints placed on trademark registration, particularly concerning common English words by recent judicial review by Justice C. This article explores real world examples, international perspectives and aims to provide comprehensive understanding of the complexities surrounding trademark restriction.

Branding 52

Branding Brands Branding Intellectual Property 52

Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

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Reporting Non-Fungible Tokens IP Intellectual Property 130

SpicyIP

SEPTEMBER 18, 2023

Governance and Supervision of Trademark and Patent Agents: Discussing DHC’s Saurav Chaudhary vs. Union Of India Image from here The Delhi High Court recently questioned the Controller’s office regarding mechanisms for the governance of patent and trademark agents. Read this SpicyIP tidbit from Gaurangi to know more!

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Trademark IP Intellectual Property Government 105

LexBlog IP

JANUARY 9, 2024

In a recent decision, the United States Court of Appeals for the Federal Circuit affirmed the decision of the Trademark Trial and Appeal Board (“Board”) to deny registration of “EVERYBODY VS RACISM” because the “public is unlikely to associate the mark.

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Trademark Trademark Law Registration Licensing 52

The IPKat

JULY 22, 2022

On 21 July 2022, Member States of the World Intellectual Property Organization (WIPO) approved the convening of diplomatic conferences on designs and genetic resources, no later than 2024. Diplomatic conferences are negotiating rounds where multilateral treaties are adopted or revised.

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Designs Design Intellectual Property Licensing 117

TorrentFreak

JANUARY 5, 2024

On January 1, 2024, TorrentFreak published a review of the wrongful DMCA notices filed against us in 2023, either directly via email or at Google demanding deindexing of our articles. Our small request for 2024 was not unreasonable: stop sending us bogus copyright notices. domain, but the repo was reported for infringement nonetheless.

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Publishing Copyright Infringement Reporting Copyright 90

LexBlog IP

FEBRUARY 29, 2024

January 1, 2024, brought numerous hangovers along with an unprecedented amount of media attention to intellectual property law. Trademark law has something to say about use. Unlike copyrights, trademark rights do not expire. They may continue indefinitely, provided there is continued use of the trademark.

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Public Domain Intellectual Property Copyright Trademark 52

LexBlog IP

APRIL 15, 2022

copyright protection in 2024. Since only the “Steamboat Willie” cartoon version of Mickey is going out of copyright protection, every other version of Mickey Mouse that Disney has created since 1928 will still be protected on January 1, 2024. While copyright protection expires, trademark protection does not.

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Derivative Work Trademark Law Branding Brands 52

Patently-O

OCTOBER 4, 2023

This year we’re limiting the focus to patent law & trademark law. My fellow panelist is trademark expert Richard Mandel of Cowan Liebowitz and we’ll be providing a year-in-review plenary session for the conference. Sanofi decision for both biotech and “regular” tech.

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Intellectual Property Law Intellectual Property IP Trademark Law 48

LexBlog IP

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”).

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 52

Patently-O

APRIL 20, 2024

21, 2024) (question paraphrased). I think of the design patent test as quite close to likelihood of confusion in trademark law, but design and trademark pedants yell whenever I make this comparison. Must the comparison prior art be the “same article” as claimed? Columbia Sportswear N. 23-1052 (U.S.

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LexBlog IP

JULY 5, 2023

On June 29, 2023, the Supreme Court adopted a restrictive view of the extraterritorial application of the Lanham Act, holding that federal trademark law cannot support a claim for trademark infringement against solely foreign conduct. commerce, meaning that profits lost to trademark infringers abroad cannot be recovered in U.S.

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Trademark Marketing Marketing Contracts 52

The TTABlog

JUNE 30, 2023

12: TTAB Hands Win to MLBPA and Aaron Judge In Opposition to Judicial-Themed Trademarks for Clothing TTAB Reverses Two Refusals of BEAUTY POPS for Cosmetic Kits: Likelihood of Confusion and Mere Descriptiveness TTABlog Test: Is "FREEDOM X" Confusable With "OXLIFE FREEDOM" For Related Medical Products? [No] Guess What Famous Mark?

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Ownership Registration Designs Design 57

SpicyIP

JANUARY 31, 2024

Plus, it tries to outline possibilities based on information available from the Trademark Registry, media sources, and the court order. While the “misleading the public” claim hints at perhaps a trademark infringement and/or passing off claim, the order doesn’t clarify what rights are allegedly infringed. E.g., see here and here.

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Inventor Ownership Reporting Registration 64

Technology & Marketing Law Blog

JANUARY 24, 2024

Gutman , 2024 WL 172609 (2d Cir. 17, 2024) Selected Related Posts : Who Owns Social Media Accounts?–In Monaghan Trademark Owner Sues Over Alleged Twittersquatting–Coventry First, LLC v. Case citation : JLM Couture, Inc. In re Bang Energy Drinks Who Owns a Disputed Social Media Account? – Kravitz An Update on PhoneDog v.

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Social Media Ownership Designs Design 79

SpicyIP

FEBRUARY 21, 2024

Recently, the Delhi High Court referred 3 questions regarding the jurisdiction of a High Court to hear trademark rectification applications, to a larger bench. Kevin is a second-year law student at NLSIU Bangalore. The High Court having territorial jurisdiction over the appropriate office of the trademark registry.

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Trademark Intellectual Property Designs Design 105

The TTABlog

FEBRUARY 6, 2024

In his article, "Queer Trademarks," Michael P. Goodyear, Acting Assistant Professor at New York University School of Law and Fellow at the Engelberg Center on Innovation Law Policy, provides an enlightening analysis of the impact of Matal v. Brunetti on the registration of trademarks that refer to LGBTQ+ persons.

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Trademark Registration Trademark Law Law 70

The TTABlog

APRIL 17, 2024

April 15, 2024). Citing Wal-Mart , the court observed that trademark law does not protect "product designs that lack distinctive meaning as a source identifier." That same principle applies to trademark registration. Welch 2024. The district court had also found the configuration to be de jure functional.

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Designs Design Advertising Advertising 62

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.

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Trademark Non-Fungible Tokens Branding Brands 85

SpicyIP

FEBRUARY 5, 2024

Highlights of the Week Comments on the Proposed Patent (2nd Amendment) Rules, 2024 In addition to the typos and ambiguity regarding the timelines, the Draft Patent (2nd Amendment) Rules, 2024, inter alia, suffer from limited scope and require clarity on the qualification of the designated officers. Read more on this news.

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Trademark Settlement Licensing Copyright Infringement 59

SpicyIP

DECEMBER 12, 2023

The matter is listed before the court on 22 March 2024. The statutory threshold for proving trademark dilution is pegged higher when compared to trademark infringement and passing off. The statutory threshold for proving trademark dilution is pegged higher when compared to trademark infringement and passing off.

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Trademark Branding Brands Branding 59

Patently-O

JANUARY 26, 2024

by Dennis Crouch The Federal Circuit has just reissued this important trademark decision as precedential. I previously wrote about the case here: Crouch, Failures to Function and Likelihood of Confusion: Takeaways from Two Recent Federal Circuit Trademark Decisions, Patently-O (November 17, 2023). See, TMEP § 1202.04(b)

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Registration Trademark Service Mark Trademark Law 62

SpicyIP

JANUARY 30, 2024

The menace of drugs with similar/ identical brand names was again brought to light through a hard-hitting and extremely informative op-ed published in the Hindu on January 25, 2024, written by Dinesh S. Thakur and Prashant Reddy T. We are pleased to bring to you a copy of the co-authored op-ed below.

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Branding Brands Branding Social Media 116

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Apart from the Madras High Court, the Calcutta High Court has recently published the Draft IPD Rules for public comments by January 5, 2024. Bolt Technology v.

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IP Copyright Trademark Intellectual Property 124

LexBlog IP

FEBRUARY 16, 2023

On January 13, the China National Intellectual Property Administration (CNIPA) circulated a draft amendment to the PRC Trademark Law for public comment (“TML Draft Amendment”). It includes the addition of 23 new articles, as well as organizational or substantive revisions to 51 articles of the current Trademark Law.

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Trademark Law Trademark Law Registering Trademarks 40

The TTABlog

JANUARY 23, 2024

14, 2023, re-designated as precedential, January 22, 2024). b) (precluding from trademark protection “informational matter,” such as slogans, terms, and phrases used by the public to convey familiar sentiments, because consumers are unlikely to “perceive the matter as a trademark or service mark for any goods and services.”).

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Designs Design Registration Service Mark 62

Patently-O

DECEMBER 12, 2021

Can you register a famous person’s name as your trademark without their consent? Patent and Trademark Office interprets this to mean no, never, no matter what. Lemley, What the Right of Publicity Can Learn from Trademark Law , 58 Stan. The Lanham Act seems to say no, and the U.S. Dogan & Mark A.

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