43(B)log

FEBRUARY 4, 2022

False advertising: Plaintiffs didn’t allege that Nobelle altered the merchandise in any way; “instead, the false statement arises from implication, from the fact that Nobelle is selling products that are not theirs to sell and, in the case of ‘The Line’ items, products it does not have the authority to sell.”

False Advertising 83

False Advertising Advertising Advertising Designs 83

The TTABlog

JUNE 27, 2023

The Board upheld a refusal to register the product configuration shown below, for pen and pencil holders, concluding that the design is de jure functional under Section 2(e)(5). Furthermore, Applicant’s overall design is dictated by the function it performs — holding a pen, pencil, or other cylindrical writing instrument."

Designs 51

Designs Design Ownership Design Patent 51

IPilogue

JUNE 21, 2022

sued StockX LLC for trademark infringement, false designation of origin, trademark dilution, and related causes. NFTs are unique digital assets that are digital representations of ownership of real-world items. Anita Gogia is an IPilogue Writer and an incoming 2L JD Candidate at Osgoode Hall Law School. On February 3 rd 2022 Nike Inc.

Non-Fungible Tokens 116

Non-Fungible Tokens Ownership False Advertising Fair Use 116

The TTABlog

JUNE 27, 2023

The Board upheld a refusal to register the product configuration shown below, for pen and pencil holders, concluding that the design is de jure functional under Section 2(e)(5). Furthermore, Applicant’s overall design is dictated by the function it performs — holding a pen, pencil, or other cylindrical writing instrument."

Designs 44

Designs Design Ownership Design Patent 44

43(B)log

JULY 20, 2022

CC has a recent trademark registration for a design mark “consist[ing] of the stylized wording ‘COLOR COPPER.COM”, [with] a diamond shape between the wording ‘COLOR’ and ‘COPPER’ made up of four smaller diamonds, each diamond having a pattern inside of it,” COPPER.COM disclaimed. There’s no written agreement” will do it.]

False Advertising 72

False Advertising Ownership Registration Designs 72

43(B)log

DECEMBER 23, 2021

This court answers yes, though limits the effect of that by applying what looks like ordinary false advertising analysis. Hilti claimed that it didn’t design the label, but that defendant RectorSeal did the final design. This is the ‘false advertising instead of likely confusion’ analysis I mentioned.] §43(a)(1)(B):

False Advertising 59

False Advertising Advertising Advertising Designs 59

Intepat

MAY 24, 2023

TYPES OF IP CONTRACTS (1)INTELLECTUAL PROPERTY ASSIGNMENT AGREEMENT The process of facilitating the transfer of ownership rights for various forms of intellectual property, such as copyrights, trademarks, patent, trade secrets, and other intangible creations is known as an intellectual property assignment.

Intellectual Property 98

Intellectual Property Contracts Ownership Invention 98

Michael Geist

DECEMBER 19, 2022

From the mass layoffs to journalist suspensions to this weekend’s seemingly short-lived policy blocking some links to rival services, it has been a head-spinning stretch since Elon Musk assumed ownership of the service in late October. paid advertising). removed) or can remain on the platforms with compensation (ie.

Social Media 83

Social Media Advertising Advertising Government 83

43(B)log

OCTOBER 12, 2022

This case concerns major players in the world of professional polo, their efforts to produce and clone genetically superior horses, and the ownership disputes that have arisen from those efforts.” Allegedly, these statements, plus the use of the horses’ names as given by La Dolfina, constituted false advertising and false association.

False Advertising 59

False Advertising Advertising Advertising Ownership 59

The TTABlog

OCTOBER 10, 2023

The similarities in the marks and the goods, "Opposer’s history of renaming and restructuring itself, combined with Opposer’s prior ownership of Applicant’s brass division, industry norms concerning legal entity changes," outweighed any purchaser sophistication.

Marketing 70

Marketing Marketing Ownership Registration 70

The TTABlog

APRIL 1, 2024

First DuPont Factor Brings TTAB Dismissal of Monster Energy's Opposition to LAIKABEAST & Design for Mugs and Plates TTABlog Test: Is TABLEAU for Wine Confusable with TABLEAU for Bar Services? Yes] TTABlog Test: Is CROSSFIRST BANK & Circle Design Confusable with Banc of California's RIng Design?

Designs 57

Designs Design Registration Trademark 57

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

The IPKat

NOVEMBER 22, 2022

Corpus mysticum Vs. Corpus mechanicum We all know, and in particular the owners of paintings and other artworks should know, that the ownership of a material medium in which an original work, for example, a painting, has been incorporated, does not confer any copyright on such work. We will have to wait until the final judgment is issued.

Artistic Work 144

Artistic Work Artwork Public Domain Intellectual Property 144

Technology & Marketing Law Blog

MARCH 8, 2024

As another example of the significance of non-appellate law, Google’s trademark policy is the de facto trademark law of online keyword advertising. Second, the SAD Scheme is swallowing up the rest of trademark law. Ex parte proceedings, where the putative rightsowner tells an unrebutted story, are highly likely to get it wrong.

Trademark Law 103

Trademark Law Trademark IP Blogging 103

IP and Legal Filings

JANUARY 24, 2023

Works covered by copyright range from books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings. Hence, the trainer also has strong claims for ownership of AI. [10] 5] In USA, the court in the case of Fiest Publication Inc. 8] Who Owns The Copyright In Ai?

Copyright 90

Copyright Ownership Artistic Work Intellectual Property 90

IP and Legal Filings

JANUARY 31, 2023

It provides an unmatched degree of design and layout possibilities. Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. The players can collect up to 30 NFTs in the game, 10 of which are designed by the artist Beeple [i].

Law 83

Law Branding Brands Branding 83

The IPKat

DECEMBER 16, 2021

CPL had a registered trademark in the word “Conphamol” and the design of the product packaging. The Court of Appeal however found that there was enough evidence before the court to prove CPL’s ownership of the copyright in the artwork (as it had commissioned and paid for the artwork). NTA-Star used photos of Banire on their billboards.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

LexBlog IP

AUGUST 16, 2023

Establishing Legal Ownership and Exclusivity Trademark registration establishes your legal ownership over a distinctive mark. This ownership comes with exclusive rights to use the mark in connection with specific goods or services.

Branding 40

Branding Brands Branding Registration 40

azrights

OCTOBER 27, 2021

Therefore, legal protection needs to be an uppermost consideration when choosing or changing brand codes because legal ownership is fundamental to effective protection of uniqueness of a brand’s identifiers. This initial design registration gave the company a way to preserve the uniqueness of the shape to the Coca Cola brand.

Branding 52

Branding Brands Branding Copying 52

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

However, the prevalence of unauthorized use of renowned person names in advertisements has become a concern. Need for Protection of Personal Names through IPR Celebrities commonly demand a licensing fee for the utilization of their name, image, or other distinctive attributes in advertising or merchandising endeavours.

Intellectual Property 76

Intellectual Property Registration Trademark Personality Rights 76

Intellectual Property Law Blog

MAY 2, 2023

is to “offer a resource to the organizations designing, developing, deploying, or using AI systems to help manage the many risks of AI and promote trustworthy and responsible development and use of AI systems.” Some companies are advising employees not to advertise the use of AI. AI RMF 1.0 Both the U.S. Copyright Office and the U.S.

Government 237

Government Business Licensing Copyright 237

The IPKat

DECEMBER 14, 2023

In Nigeria, Airtel Nigeria Limited neglected to renew their contract with actor and filmmaker Adewole Ojo to use his photographs for advertisements. The warning came as a result of complaints from various artists and designers who assert that their works are being distributed on various platforms without benefitting them.

Copyright 91

Copyright IP Social Media Copyright Infringement 91

The IPKat

AUGUST 17, 2022

Shortly afterwards the company received backlash online and a petition was launched against the registrations, stating “the Welsh Language is NOT an advertising feature, or a gimmick. It is a living, historic, entity, that is beyond the scope of the Intellectual Property Office.

Social Media 137

Social Media Registration Intellectual Property Ownership 137

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. Hence, it is no wonder that the battle for ownership of her trademark is also highly sought after.

Trademark 83

Trademark Branding Brands Branding 83

Indiana Intellectual Property Law

SEPTEMBER 15, 2021

. § 1057(b), Poulsen claims the ‘814 Registration is prima facie evidence of the validity of the Mark, Poulsen’s ownership of the Mark, and Poulsen’s exclusive right to use the Mark in commerce. Allegedly, Gardens Alive through Weeks Roses is producing, advertising, selling, and distributing roses under Poulsen’s INGRID BERGMAN mark.

Trademark 52

Trademark Branding Brands Branding 52

IIPRD

NOVEMBER 22, 2023

Ensuring Compliances of IP laws Trademarks and logos: On media platforms, names and emblems are commonly used to advertise companies and services, both visually and orally. Designs: Many companies now sell via media platforms, for many it is their only means of marketing.

Social Media 59

Social Media IP Intellectual Property Copying 59

The IPKat

JANUARY 2, 2022

The analysis also referred to a pending case before the CJEU dealing with Community design law ( EUIPO v The KaiKai Company Jaeger Wichmann | C-382/21-P) and other EU trade mark cases from 2021. The author presents a case pending before the Supreme Court Patent that addresses this question ( Olaf Sööt Design, LLC v. Daktronics, Inc.,

Blogging 125

Blogging IP Non-Fungible Tokens Cease and Desist 125

The TTABlog

OCTOBER 3, 2022

Deemed a Specially Designated Narcotics Trafficker (SDNT), applicant was banned from doing business in the United States from 2008 to 2015. Although it did not resume use of the mark for seven years, it commenced TTAB litigation with ARSA in 2016 regarding ownership of the mark. Who Owned the Mark?:

Ownership 40

Ownership Litigation Registration Business 40

IP and Legal Filings

MARCH 1, 2022

Jaguar Land Rover had used the imagery of the Maasai community to enhance the aesthetics of their advertisement. Corporate giants like Louis Vuitton, Calvin Klein and Ralph Lauren, on the other hand, blatantly and unfairly used in their clothing collection the exact patterns and designs that are unique to the Maasai community.

Intellectual Property 67

Intellectual Property Branding Brands Branding 67

IIPRD

AUGUST 4, 2022

However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. For modern designers, this may be both a blessing and a curse. If the Artist had registered his work as Copyright, he would have had legal proof of ownership in this situation. Obtain legal ownership verification.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

LexBlog IP

NOVEMBER 17, 2021

Kaira also owns common law design marks which are displayed on the websites www.amul.com and www.amuldairy.com. The Defendants were advertising, marketing and selling milk products in Canada through LinkedIn in association with the trademark AMUL and claiming to be Kaira. Disposition.

False Advertising 40

False Advertising Social Media Trademark Branding 40

TorrentFreak

JULY 11, 2022

While most torrent site users have historically preferred the convenience a PC, the explosive growth in smartphone ownership since blocking began has seen millions of users flood to illegal streaming platforms and MP3 download sites instead. Mobile Networks Lead to The High Seas. Mobile Network Blocking Raises New Questions.

Music 128

Music Publishing Ownership Marketing 128

SpicyIP

MAY 18, 2022

Though it is not easy to find a comprehensive list of all such trademarks in India (the website of the Indian TMR is so yesterday), recently advertised trademarks throw light on such activity. Some examples under class 9 include: S.No. Application date. Description (shortened). Feb 25, 2022.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

43(B)log

MARCH 10, 2023

The highway protocol allegedly suffered from performance issues and never met the design requirements that Zamfir had previously advertised when working with CasperLabs on the product, thus allegedly harming his reputation.

Registering Trademarks 45

Registering Trademarks Trademark Registration Ownership 45

IP and Legal Filings

JANUARY 22, 2024

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

azrights

MARCH 15, 2021

A distinctive asset such as the Nike Swoosh would have been capable of registration as a trademark as soon as the design was created. Even if your advertising budget is tiny, you can confidently build up recognition to such an asset because you have powerful rights available to you to fend off copyists.

Branding 52

Branding Brands Branding Trademark 52

SpicyIP

NOVEMBER 7, 2022

The Delhi High Court nullified the order(s) passed by the Respondent, regarding rejection of registration of a marks under section 9 and Emblems and Name (Prevention of Improper Use) Act, 1950 and ordered for advertisement of the marks. Avery Dennison Corporation vs Controller Of Patents And Designs on 4 November, 2022 (Delhi High Court).

Patent Prosecution 111

Patent Prosecution Invention Journalism IP 111