Biswajit Sarkar Copyright Blog

SEPTEMBER 14, 2022

These innovations and technologies have resulted in the increased use of intellectual property rights, so that the inventions and all the new creations designs by the automotives are protected and the works are not exploited. With these innovations and inventions, there are instances where the originality and the creativity get exploited.

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Intellectual Property Invention Branding Brands 52

Chicago IP

FEBRUARY 28, 2022

The Award honors those who have made a significant creative contribution in one or more of the following substantive areas of intellectual property law: Patent Law: An invention or group of inventions having technological significance and an important social and economic impact, resulting in one or more U.S.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Service Mark Invention 52

IIPRD

MARCH 4, 2024

For setting up the business or for creating something like some inventions it takes a lot of efforts and research to create something new. So, to protect that creativity, inventions, and an idea it is required to protect Intellectual Property. The brand image is created of the company.

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

SpicyIP

MAY 10, 2023

Justice Singh further writes about the preferred appeals against the rejection orders wherein the Controller’s analysis on “inventive step” was not clear, and about the cases where re-grant oppositions were disposed of within an extremely short span of time. Grupo Petrotemex v. 965/DELNP/2006 and the patent office’s rejection order (dt.

Trademark 126

Trademark Invention Patent Art 126

IP and Legal Filings

AUGUST 4, 2022

Black’s Law Dictionary defines intellectual property as “a commercially valuable product of the human intellect, in a concrete or abstract form such as a copyrightable work, a protectable trademark, a patentable invention, or a trade secret.” IP Branding: Certification marks and GI. For example, Oberoi Hotels Pvt.

Intellectual Property Law 75

Intellectual Property Law Intellectual Property Law Social Media 75

LexBlog IP

FEBRUARY 28, 2022

The Award honors those who have made a significant creative contribution in one or more of the following substantive areas of intellectual property law: Patent Law: An invention or group of inventions having technological significance and an important social and economic impact, resulting in one or more U.S.

Intellectual Property Law 40

Intellectual Property Law Intellectual Property Service Mark Invention 40

Above the Fold

SEPTEMBER 29, 2023

Non-solicitation provisions protect a company’s legitimate business interests such as its intellectual property, inventions, trade secrets, brand and business strategies, other confidential and proprietary information, employee development and expertise, customer/client relationships, vendor relationships, and other goodwill.

Confidentiality 52

Confidentiality Intellectual Property IP Invention 52

Dragons' Den

FEBRUARY 16, 2023

Section 1 of the UK Patents Act 1977 sets out four conditions that an invention must satisfy for the grant of a valid patent: the invention must be new; it must involve an inventive step; it must be capable of industrial application; it must not be excluded from patent protection (see below).

Designs 52

Designs Design Music Invention 52

LexBlog IP

JANUARY 18, 2024

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services. A patent protects an invention. As the U.S. Again, it depends.

Confidentiality 52

Confidentiality Invention Business Artistic Work 52

43(B)log

APRIL 26, 2022

Painaway advertised its products as “Australia’s No. 1 Joint & Muscle Spray and Cream Topical Pain Relief Brand” on: (1) its Australian website; (2) social media; and (3) Ultimate Fighting Championship (“UFC”) athletes’ clothing in matches televised in the United States.

Television 72

Television Social Media Advertising Advertising 72

IP and Legal Filings

JULY 21, 2022

Third, hashtags have emerged as one of the most inventive marketing techniques on all social media platforms. For the past decade, the utilization of hashtags has grown in popularity, and businesses are now attempting to capitalise on these ‘viral-trends’ to advertise their products and services through content marketing methods.

Trademark 78

Trademark Social Media Marketing Marketing 78

IIPRD

NOVEMBER 22, 2023

They by using social sites such as Instagram, Facebook, YouTube, Twitter, Snapchat , and many other,create ad revenue, brand endorsement prospects, as well as other income sources. Content creators should first procure explicit authorization from any company whose brand name, emblem, or merchandise appear in a post, webpage or clip.

Social Media 59

Social Media IP Intellectual Property Copying 59

IP and Legal Filings

FEBRUARY 20, 2022

Slogans are brief, memorable words that are commonly used in advertising to promote a specific company. Companies seek to protect the value of their trademarks since they can be quite valuable to the brand. Using a mark as an advertising slogan, on the other hand, does not prevent it from being registered as a trademark.

Trademark 54

Trademark Advertising Advertising Registration 54

IP and Legal Filings

JANUARY 10, 2023

The world is witnessing multiple new inventions every passing minute and a boom in popularity of the Metaverse. The leaders of the tech world have claimed that metaverse is not merely the next invention or part of the future rather it is the future itself. IPR challenges in the Metaverse phase.

Intellectual Property 59

Intellectual Property Invention Trademark Government 59

LexBlog IP

DECEMBER 26, 2023

I made a logo for Bob’s Burgers for selling burgers on Tailor Brands’ logo maker website. Those terms depend on how you’re going to use the content and will vary significantly from a flyer you create for a block party or garage sale, to a classroom worksheet, to an advertisement for your business. What if it is?

Designs 52

Designs Design Trademark Copyright 52

43(B)log

APRIL 29, 2024

17, 2024) Leszczynski invented a measuring cube that combines various measuring volumes into a single cubical structure. Other defendants manufactured and sold the Cube with their unique branding through Kitchen Cube’s affiliate program. False advertising: Only ok against Kitchen Cube. Leszczynski v. 8-23-cv-01698-MEMF-ADS (C.D.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

LexBlog IP

APRIL 19, 2023

Patents A patent permits the owner to exclude others from making, using, offering to sell, selling, or importing the invention of the patent. Before selecting a brand name or logo for a product, sellers need to conduct a search to ensure that another party is not already using the same or similar brand name or logo.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

Technology & Marketing Law Blog

JULY 22, 2021

The amended opinion adds several qualifications to Section 230’s scope, including: “Changes in the use of internet platforms now far outpace a law enacted before the invention of the smartphone.” The amended opinion adds a brand new section independently dismissing the claim on its lack of merits. Google, Inc. ,

False Advertising 141

False Advertising Contracts Editing Advertising 141

43(B)log

JULY 15, 2022

Max Rack invented a piece of gym equipment, the Max Rack. These references could “perpetuate the ‘perception that’ [Core’s] Freedom Racks were affiliated with the Max Rack brand,” given that the goods were the same, the parties were “potential” competitors, and the mark was identical. Core Health & Fitness, LLC, 2022 WL 2751685, F.4th

Advertising 59

Advertising Advertising Licensing False Advertising 59

43(B)log

AUGUST 12, 2021

What if D offers to manufacture/sell an invention but doesn’t follow up with sales? Aren’t they just the invention of an element of the claim? Social movements brought down brands that TM law couldn’t. Jim Crow, before it came to be the moniker of structural racism, was a brand.

IP 90

IP Licensing Law Reporting 90

Kluwer Copyright Blog

JANUARY 26, 2022

One of the primary reasons the internet is such a powerful “invention” is that it is primarily software-based and new networks can be created on top of it. Individuals can then download various applications created by third-party brands and developers and run such “super-apps” locally (i.e., The VCs and their limited partners do.

Ownership 115

Ownership IP Non-Fungible Tokens Technology 115

IIPRD

FEBRUARY 23, 2021

Intellectual Property such as patents, trademarks, brand value, copyright, etc have become foundational assets for several businesses, seeking greater importance and attention. The subsidised valuation is done by government bodies like the Korea Invention Promotion Centre.

IP 40

IP Intellectual Property Branding Brands 40

SpicyIP

MAY 20, 2024

The defendant claimed defence under comparative advertising, that it does lead to disparagement and that the plaintiff does not hold registration over the blue colour in question. Intergrow Brands Pvt. The five-step inquiry into inventive step, as outlined in the latter case was also referred. Hindustan Metal Industries Ltd.

Trademark 45

Trademark Advertising Advertising Copyright 45

SpicyIP

DECEMBER 24, 2023

From an in-depth discussion on the terms of copyright and translations in India to the recent UK Supreme Court’s order regarding the patentability of inventions by an AI, we had some engaging posts on this blog this week. The Court directed the NBA to determine whether the invention relates to biological resource with a reasoned order.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

SpicyIP

FEBRUARY 19, 2024

The Defendant had claimed that the idea of the ‘advertisement’ of the Plaintiff’s recent product launch has been copyrighted by the Defendant. The Appellant argues that sufficient reasoning has not been given as to how the applied invention lacks an inventive step. The appeal was allowed.

Invention 105

Invention Music Art Patent Application 105

43(B)log

FEBRUARY 24, 2023

UCLA School of Law Mark Janis: 1 st day of TM: students’ experience of brands as used by owners & 3 rd parties is so disconnected from the historical traditions of TM. New facts: Many doctrinal foundations—comparative advertising, LOC where market structure and expectations of consumer behavior have changed.

Trademark 49

Trademark Branding Brands Branding 49

SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. If a sub-brand performs the function, as Asava possibly does in this case, it must be treated as a trademark.

IP 143

IP Intellectual Property Copyright Trademark 143

SpicyIP

APRIL 17, 2023

The court held that since it does not have the statistical data regarding market presence of other pharmaceutical compounds, the brand names that ends with “Dex” and when one removes from the cited examples the products containing dexamethasone and dextromethorphan, the remaining examples cannot make out a case u/s 17(2).

Advertising 105

Advertising Advertising Confidentiality Trademark 105

Intepat

FEBRUARY 7, 2023

Initially, there was a focus on the actual existence of creations and inventions, as it is a commonly known fact that ideas aren’t protected under IP law. Some of the biggest celebrities and brands in the world have found their space in it, including Morgan Stanley, Coca-Cola, Adidas, Samsung, and Snoop Dogg. – First to own v.

IP 52

IP Law Invention Licensing 52

43(B)log

AUGUST 16, 2021

2021) Trader Joe’s markets its store brand Manuka honey as “100% New Zealand Manuka Honey” or “New Zealand Manuka Honey,” but Moore alleged that because Trader Joe’s Manuka Honey actually consists of only between 57.3% Trader Joe’s Co., 4th 874 (9 th Cir. if forced to work the problem through. (1)

Branding 59

Branding Brands Branding Advertising 59

SpicyIP

AUGUST 30, 2021

Domex Advertisement: Product Disparagement or Nominative Fair Use? In this guest post , Pragya Jain offers an independent analysis of the law in relation to comparative advertising and nominative fair use and applies it to analyse a recent YouTube commercial by Domex, a Hindustan Unilever Ltd.

Non-Fungible Tokens 105

Non-Fungible Tokens Fair Use Advertising Advertising 105

Kashishipr

AUGUST 3, 2022

You must evaluate well how distinctive your trademark is relative to the types of products and services that you’re going to use it with as a part of your business or brand. To be specific, it may consist of a coined phrase or an invented name. Fanciful Phrase – It refers to something you just come up with out of nowhere.

Trademark 52

Trademark Registering Trademarks Registration Branding 52

IP and Legal Filings

MAY 20, 2022

The registration of your product holds enormous significance as it ensures your mark isn’t misrepresented in the market, safeguards your goodwill, ensures control over advertising and branding, and the list can go on. In case one wishes to register their brand under The Trademarks Act 1999, they need to meet certain canons.

Trademark 74

Trademark Service Mark Registration Registering Trademarks 74

LexBlog IP

FEBRUARY 14, 2023

Utility patents are for functional inventions. A company can use a unique typeface to convey pretty much anything on any of its products, its advertising, its website, and any other place a company would publicly use the written word. What’s more common than the written word? Why would a company want to design a unique typeface?

Design Patent 52

Design Patent Designs Design Patent 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

In February 2020, FDA and FTC took steps to encourage biosimilar competition , with a focus on truthful and non-misleading advertising. Coinciding with this announcement, FDA issued draft guidance titled “ Promotional Labeling and Advertising Considerations for Prescription Biological Reference and Biosimilar Products Questions and Answers.”

Litigation 52

Litigation Settlement Marketing Marketing 52

SpicyIP

DECEMBER 30, 2023

Controller of Patents where the Court emphasised the requirement of the plurality of invention in divisional applications and held that plurality should be disclosed in the claims. The rejection order is authored by Dr. Latika Dawara, Asst. Controller of Patents and Designs and Raytheon Company v. In Microsoft v.

IP 124

IP Copyright Trademark Intellectual Property 124

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Branded Semglee ® : 5% off WAC of Lantus ® , with high rebates. Citing this joint statement in a July 2021 press release , FDA announced that it had issued an untitled letter to Amgen citing issues with a banner advertisement of its biological product, Neulasta ® (pegfilgrastim). Semglee ® (Mylan (Viatris) / Biocon). July 28, 2021.

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Litigation Settlement Patent Marketing 52