IP and Legal Filings

OCTOBER 30, 2023

Barbie, a name synonymous with an unattainable standard of femininity and the concept of commercial feminism, was designed to captivate the toy market with all its glittery pink magnificence. The resulting work of art is protected by copyright, which is held by the creator.

Trademark 98

Trademark Brands Branding Branding 98

SpicyIP

JULY 22, 2024

Controller of Patents and Designs: Madras High Court quashes unreasoned order of Patent Office Recently, the MHC came down heavily on the Indian Patent Office in Ulm University v. Controller of Patents for its non-speaking order rejecting a patent application. Anything we are missing out on?

Registering Trademarks 74

Registering Trademarks Licensing Trademark Advertising 74

43(B)log

FEBRUARY 24, 2024

When things are happening en masse at a business, just as in the TM system, w/o individualized attention and with a different agenda than the law’s, you can see the law’s protective features be minimized. We like how they sort us/how we get to identify with them? How much of that is cultural? Human desire for TMs?

Fair Use 45

Fair Use Brands Branding Branding 45

Intepat

MAY 24, 2023

Intellectual property rights may be established, protected, or granted to another party by contracts or agreements. In this article, we provide an overview of some of the important types of IP contracts which facilitate the protection of IP assets.

Intellectual Property 98

Intellectual Property Contracts Ownership Invention 98

SpicyIP

AUGUST 4, 2024

Tejas Misra explains why and how these seemingly innocuous posts may infringe on the shooter’s personality rights. Read below for a tidbit on this development by SpicyIP intern Aditi Bansal. This and much more in this SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know.

Social Media 86

Social Media Trademark Licensing Music 86

SpicyIP

JANUARY 16, 2023

After another busy week here at SpicyIP, we bring out the quick summaries of the 6 blogposts that were put up, along with 12 case summaries and national and international IP developments for you. Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them! Highlights of the Week.

Trademark 74

Trademark Designs Design Registration 74

SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. The Patent Act: Catch 22 Does the Patent Act prevail over the Competition Act?

Trademark 59

Trademark Registration Copyright Patent 59

LexBlog IP

MAY 9, 2023

Interesting Patents | Spotify: Unleashing the Power of Bluetooth Low Energy in Your Car by Founders Legal Interesting Patents | Tuesday, May 9, 2023 The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation.

Editing 52

Editing Patent Patent Application Social Media 52

SpicyIP

JANUARY 2, 2022

We’ve tried to represent a diversity of subject matter also in this list, so we have a fair sprinkling of cases dealing with copyright, patents, trademarks, competition law etc. Also, a huge thanks to our readers for continuing to engage with our posts and constantly encouraging us, which keeps us going! H Lundbeck A/S v. In H Lundbeck A/S v.

IP 133

IP Intellectual Property Copyright Trademark 133

LexBlog IP

MAY 2, 2023

If you have not done so yet, now is a good time to get started. Some of these issues are specific to doing business with the government and others are broader issues that all companies face when using AI, and generative AI (GAI) in particular. As a result, many companies are developing corporate policies on employee use of AI.

Government 52

Government Business Copyright Licensing 52

43(B)log

FEBRUARY 24, 2023

Session 1: Identifying and Explaining Anachronisms Introduction: Mark McKenna: Every year, a TM exam could be written differently: one a very conventional exam question with Company A using one mark and Company B using a similar mark/similar goods, conventional walk through confusion factors in the way the test was designed to deal with.

Trademark 49

Trademark Branding Brands Branding 49

43(B)log

AUGUST 12, 2021

Several modern-day remedies were enacted to reduce the risk that IP owners would otherwise be able to recover only nominal damages—reasonable royalties for patents; statutory damages for © infringement; disgorgement of total profits for infringement of design patents. Nominal damages are often a species of general damages.

IP 90

IP Licensing Law Reporting 90

LexBlog IP

JULY 8, 2021

Retroactive Protection from the Date of Filing. How Do I Submit Proof for my Intent-to-Use Trademark Application? If you begin an application with the United States Patent and Trademark Office (USPTO)’s TEAS System, you will encounter the following: “1(a) – Actually using the mark in commerce now”. “1(b) Home » Blog. Conclusion.

Trademark 52

Trademark Registration Web Development Advertising 52

LexBlog IP

JULY 21, 2021

That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation? The title of this piece tracks a common “ phrase of exasperation used to emphasize a question or statement.” society at $4.8

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

43(B)log

AUGUST 3, 2023

Matthew Sag, Copyright Safety for Generative AI Not addressing whether training is always fair use in every circumstance; explain how generative AI fits w/in existing law (nonexpressive uses) and identify best practices to make generative AI fairer. His theory: rights of © are defined w/r/t communication of original expression to the public.

Social Media 52

Social Media Fair Use Advertising Advertising 52

43(B)log

OCTOBER 4, 2021

As harm showings become less important, both trademark use and the First Amendment become relatively more important as the remaining limits on liability once a theory of how consumers might possibly be confused has been introduced. Professor Alexandra Roberts has written an excellent recent article on this, Trademark Failure to Function.

IP 94

IP Trademark Advertising Advertising 94

43(B)log

FEBRUARY 24, 2023

Courts could very well adopt a property frame, redefining what TM’s pluralism is about—free riding stories won’t go away, no matter how much people in this room want them to. Courts get outpaced by market. Session 2: Responding to Anachronisms Introduction: Mike Grynberg VIP may tell us a lot about what the potentials are.

Trademark 69

Trademark False Advertising Fair Use Branding 69

43(B)log

FEBRUARY 3, 2023

Patents for cannabis related products, including lubricant, explained as medical and instrumental—to avoid divorce, mix cannabis with Viagra. Consequences of excluding pleasure from patent discourse: effects on what is considered patentable? Queer theory: pleasure as a way of knowing things. Q: drugs v. But should you do that?

False Advertising 45

False Advertising Trademark Advertising Advertising 45

43(B)log

FEBRUARY 3, 2024

Applications w/controversial content may get an “unofficial suspension”—application to register swastika filed shortly after Tam, and wasn’t examined for over 2 years and 2 months; 8 times longer than the average 2.7 Gilden: the patent side has categories for, e.g., devices for genital massage. At the Disco joke to be made here.]

Design 59

Design Designs Law Design Patent 59

Technology & Marketing Law Blog

SEPTEMBER 27, 2024

Given the tenor of these opinions, how are any plaintiffs NOT getting around Section 230 at this point? 9, 2024) The lawsuit alleges Meta addicts teens and thus violates DC’s consumer protection act. This long blog post rounds up five defense losses, riddled with bad judicial errors. District of Columbia v. LEXIS 27 (D.C.

Contracts 84

Contracts Blogging Design Designs 84

43(B)log

AUGUST 11, 2021

We coded extrinsic analysis as prong two when it focused on protectable expression. Significant rise in substantial similarity litigation starting in 2006—tripled. Possibly related to internet adoption. Share of 9 th Circuit opinions also exploded in 2006. Annemarie Bridy: reproduction right? Derivative works? Is it extrinsic similarity?

Trademark 72

Trademark Copyright Brands Branding 72

SpicyIP

SEPTEMBER 9, 2024

Highlights of the Week A Baffling Judgment from the Delhi High Court in a Trade Secrets Case On DHC’s recent interim injunction in a lawsuit concerning trade secrets, Prashant Reddy briefly touches upon the essential factors required to protect trade secrets in India. Drop a comment below to let us know.

Trademark 84

Trademark Copyright IP Social Media 84