Kashishipr

JULY 13, 2022

Therefore, it won’t be wrong to admit that many legal issues need to be addressed in these fields, and many more are yet to be explored as the two technologies evolve. With the rapid innovation of AR technology and its growing commercial use, there seem to be many potential IP issues arising in this field.

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

LexBlog IP

DECEMBER 26, 2023

Rights to AI-generated content, and to content made on creative platforms, aren’t always easy to understand, and they have a big impact on how you can use it and if and how you can protect it. Well, they’re right, I can apply, but registration surely won’t be granted. Can you use it in the ways you want to?

Designs 52

Designs Design Trademark Copyright 52

Dragons' Den

FEBRUARY 16, 2023

In this week’s blog, I’ll focus on two pitches and consider what is patentable and the difference between designs and patents. For example, trade secret protection might be considered to protect confidential information or know-how which has some commercial value. However, in the UK, we don’t grant design utility patents.

Designs 52

Designs Design Music Invention 52

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. As a result, it is crucial to learn how to safeguard IP. 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

IP and Legal Filings

OCTOBER 30, 2023

A straightforward pink sans-serif typeface was used for the 1959 original trademark registration. More than 1,000 Barbie trademark registrations are held by Mattel worldwide, covering a wide range of products and services in addition to its primary toy line.

Trademark 83

Trademark Branding Brands Branding 83

IPilogue

JANUARY 14, 2022

Our hard-working students and community members published more than twice as many articles than in 2020 and the most articles in a calendar year since 2011. This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. First Time Interpreting Patent Agent Privilege.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

43(B)log

FEBRUARY 16, 2024

In Two Pesos, the Supreme Court tells us that “the general principles qualifying a mark for registration under § 2 of the Lanham Act are for the most part applicable in determining whether an unregistered mark is entitled to protection under § 43(a).” Tam and Brunetti, striking down various bars on registration. Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

Garrigues Blog

JUNE 1, 2021

Autocontrol and Asociación Española de Anunciantes (Spanish Advertisers’ Association or AEA) agree on the ethical standards that should be applied to advertising by influencers from January 1, 2021. Banksy Case: registration of a trademark in bad faith and the price of anonymity. How do you protect a website?

Blogging 52

Blogging IP Advertising Advertising 52

43(B)log

FEBRUARY 24, 2024

We like how they sort us/how we get to identify with them? How much of that is cultural? Other examples: design patent, as Sarah Burstein has writte n. Platforms don’t disclose how many invalid notices they get. One to many: hard to figure out whether to worry more about over or underenforcement.

Fair Use 45

Fair Use Branding Brands Branding 45

LexBlog IP

MAY 2, 2023

Many employees are experimenting with AI in connection with their work. As a result, many companies are developing corporate policies on employee use of AI. Patent and Trademark Office have developed initiatives to focus on IP issues with AI. If you have not done so yet, now is a good time to get started. ” AI RMF 1.0

Government 52

Government Business Copyright Licensing 52

IPilogue

OCTOBER 6, 2021

After many years and multiple attempts , the organizers of this spectacular funfair have finally trademarked the term “ Oktoberfest.”. The German Patent and Trade Mark Office (DPMA) has repeatedly denied Munich the trademark. As imagined, this event angered many Germans. The Uphill Battle of Trademarking the Term “Oktoberfest”.

Trademark 59

Trademark Intellectual Property Advertising Advertising 59

LexBlog IP

OCTOBER 19, 2021

While other forms of protection such as patents, copyrights, and trademarks require upfront costs and disclosure of some sort, trade secrets do not. Arguably, the secret recipe is the most valuable piece of information KCF has.but how should the company protect it? Moreover, KFC wouldn’t want to advertise with its secret recipe.

IP 52

IP Copyright Trademark Advertising 52

The IPKat

JANUARY 6, 2022

In my view the judgment is controversial and arguably misses the bigger picture, including the cumulative impact of more and more broadly drafted registrations on the practice of trade marks. The same could also apply to a company registration. SkyKick has said it would appeal – again – this time to the UK Supreme Court.

Registration 96

Registration Cease and Desist Branding Brands 96

Kashishipr

OCTOBER 13, 2021

For easing the mode of filing a patent and claiming the subject matter contained therein, there are two basic approaches, namely provisional patent application and complete patent application. What is a Provisional Patent Application? Another preferable step could be the filing of a provisional patent application.

Patent Application 105

Patent Application Patent Inventor Invention 105

TraskBritt Intellectual Property

MARCH 22, 2021

You may want to trademark a phrase to control how your brand is perceived in the minds of potential customers. In the United States, trademark protection is available at common law without the need for registration. But, there is still a benefit to register your phrase. Requirements for a Trademark Application.

Trademark 52

Trademark Registration Registering Trademarks Branding 52

IP and Legal Filings

AUGUST 14, 2023

The theory of Territoriality states that since disputes relating to the registration and validity of intellectual property rights are typically considered to fall under the exclusive jurisdiction of the State in which such registration was applied for, the choice of law should favour that State. But there is a problem here as well.

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

IP Tech Blog

AUGUST 22, 2022

The latter, in particular, are assuming the form of non-physical goods that can be transacted and used in this totally immersive internet through Virtual Reality and Augmented Reality tools and devices, and many consumer brands are entering the Metaverse through gaming, social networks and virtual commerce. Article 2.4 Section 4.4.2

Design Patent 57

Design Patent Designs Design Patent 57

azrights

OCTOBER 27, 2021

They copied or only slightly modified the font of its logo, and their bottles created confusion among consumers, many of whom were illiterate. Secondly, once they had their new bottle design, they made strategic use of the available IP protections by registering the design of the bottle shape (called a design patent in the US).

Branding 52

Branding Brands Branding Copying 52

SpicyIP

DECEMBER 20, 2023

Kurian’s trail of transparency, Statements of Patent (Non-)Working, Corruption in IP Offices, Serial Crisis in India, the Indian “Bayh Dole” Bill, etc. One of the earliest posts on Monsanto was about opposition by the “No Patents on Seeds” coalition for a patent granted to Monsanto by EPO over a ‘closterovirus-resistant melon plant’.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

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. Pledging IP as collateral in a loan agreement is one of the many ways of IP-backed financing. As a result of which it pledged many of its patents as collateral.

IP 40

IP Intellectual Property Branding Brands 40

43(B)log

AUGUST 4, 2021

Panel 2 – Copyright Enforcement: Faye Fangfei Wang, Resolving Copyright-related Cases Over the Internet with the Assistance of Artificial Intelligence in Europe Automated notice and takedown/Content ID with appeal mechanism as an example of how the new European rules are supposed to work. How do you separate TM and ©?

Copyright 90

Copyright Trademark Copying Fair Use 90

SpicyIP

MAY 20, 2024

The Controller on working examples is surely going to interest patent lawyers. Remanding the matter back to the Patent Office, the Court clarified that a working example does not define the patent’s scope. Other Posts Leaving Out the Working Examples? DHC’s recent ruling in Bayer v. Tosh Apartments.

Trademark 40

Trademark Advertising Advertising Copyright 40

Erik K Pelton

NOVEMBER 3, 2020

My wife, Rebecca, is also the co-owner of two successful small business restaurants—Clare and Don’s Beach Shack® and Lazy Mike’s®—and I have seen first-hand how these brands have grown from infancy and evolved to become names associated with quality, service, and passionate customers. Television advertising. Corporate attorney.

Business 130

Business Trademark Cease and Desist Branding 130

LexBlog IP

APRIL 23, 2022

” The United States Patent and Trademark Office (“USPTO”) categorizes trademarks by “Classes.” Here, that begs the question: What are Classes, and how many exist? International Trademark Class 35 – Advertising and business services. advertising and public relations.

Trademark 52

Trademark Business Music Advertising 52

LexBlog IP

DECEMBER 30, 2021

The United States Patent and Trademark Office (“USPTO”) uses these Classes to categorize trademarks. Here, that begs the question: What are trademark classes, and how many exist? International Trademark Class 35 – Advertising and business services. advertising and public relations.

Trademark 52

Trademark Business Cinema Music 52

43(B)log

FEBRUARY 24, 2023

JDPI amicus brief was describing how LOC factors were not developed for these kinds of cases. How tightly are they connected and do they reflect same doctrine/different circumstances or something else? MTM is saying “it’s about exactly how Amazon presented its search results.” E.g. LTTB v. Redbubble v. the Abercrombie spectrum.

Trademark 49

Trademark Branding Brands Branding 49

The TTABlog

JANUARY 5, 2022

The TTAB dismissed the Olympic Committee’s opposition to registration of the mark PIERRE DE COUBERTIN for various goods in classes 3, 9, 14, 18, 25, and 28, including perfume, sunglasses, jewelry, luggage, clothing, and sporting goods. A single-color mark on a product design is registrable only upon a showing of acquired distinctiveness.

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Registration Advertising Advertising Music 111

SpicyIP

APRIL 17, 2023

Highlights Of The Week IPO Rejects Janssen’s Secondary Patent Application for the Fumarate Salt form of Bedaquiline Image from here. Krbl Limited was alleged infringement and passing off of the plaintiff’s trademark registrations for marks that include the word ‘Royal’, by the defendant’s mark ‘Zabreen Royal’ (‘Impugned Mark’).

Advertising 105

Advertising Advertising Confidentiality Trademark 105

Kashishipr

NOVEMBER 3, 2021

How have then they become generic terms? Interestingly, in these cases, the trademark owner itself/himself misused the trademark as the generic name of the product in advertising and Patent Applications. One advertisement of ESCALATOR, for example, began as “Otis elevators, Otis escalators.”

Trademark 105

Trademark Branding Brands Branding 105

43(B)log

FEBRUARY 21, 2024

16, 2024) WCT offers a mobile-fitness app called “Bike+” and owns a trademark registration for that name. There’s no data on how many bike rides have been tracked on the app and WCT’s principal didn’t know from personal use how functional the app was. World Champ Tech LLC v. Peloton Interactive, Inc., 2024 WL 665181, No.

Marketing 59

Marketing Marketing Trademark Branding 59

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?” context to see how various other countries have responded to such challenges as well, not only in copyright but in trademark and patent too.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

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. Though a judgement that could potentially have an impact on how opposition proceedings are done, it is currently stayed by the Division Bench (covered here ). Syngenta Ltd.

IP 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

JULY 17, 2023

In doing so, it left questions open for the lower courts, including (oddly) a specific identification of the step two Congressional focus underlying the relevant statutory provisions and how marked goods that had been sold initially in Europe but then re-sold in the US should be treated. I write separately to address those points.”

Trademark 69

Trademark Blogging Litigation Law 69

43(B)log

AUGUST 12, 2022

originalism, pure natural law) with different degrees of confidence, and used that to show a model of how those judges would evaluate overruling Plessy /deciding Brown as it was decided. Felix Wu: how much do substantive claims matter? Many were attempting to address new tech uses. Most of the cases are TM (3000). What do we do?

Settlement 59

Settlement IP Music Licensing 59

LexBlog IP

NOVEMBER 30, 2022

And going “ back to the table for seconds and thirds.and may be even fourths ” is, like watching football, “ a time honored and practically sacred Thanksgiving tradition in many families.” Oracle , 141 S. ” Id. at 1203 (quoting 4 Nimmer on Copyright § 13.05[A][1][b]). A][1][b]). ” Id.

IP 52

IP Intellectual Property Fair Use Trademark 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 23, 2024

We do not decide … how far the ‘noncommercial use’ exclusion goes. … For the most part, that’s how we built TM and unfair competition. Politics of how SCt Justices are chosen now matters too: they aren’t picked for being good at law generally, but for views on hot-button issues. But law doesn’t develop top-down in this model.

Trademark 45

Trademark Law Branding Brands 45