Canadian Intellectual Property Blog

MARCH 17, 2021

Most people are familiar with patents and trademarks as the most common forms of intellectual property, however, copyrights and their importance as part of your overall portfolio of intellectual property assets are sometimes neglected. This registration certificate can be persuasive evidence when suing someone who is infringing your rights.

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Copyright Intellectual Property Social Media Registration 52

Velocity of Content

JULY 26, 2022

As readers of Velocity of Content know, the US has had a copyright statute on the books since 1790, following closely on the heels of the (then) freshly minted copyright and patent clause in the Constitution. But trademarks are not mentioned in that foundational document. Copyright Office, after what amounts to a much lighter review process.

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Trademark Government Copyright Service Mark 98

IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Patents and the Magical World of Psychedelics by Bonnie Hassanzadeh. Introducing the College of Patent Agents & Trademark Agents. Photo by Engin Akyurt ( Unsplash ). David Vaver. Copilot or Co-Conspirator?

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IP Copyright Infringement Inventor Intellectual Property 106

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.

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Copyright Infringement Law Copyright Intellectual Property 52

LexBlog IP

MAY 2, 2023

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. 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.

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Government Business Copyright Licensing 52

IP Tech Blog

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

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LexBlog IP

JULY 8, 2021

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) 44(e) – Foreign registration exists for the same goods/services”. 44(e) – Foreign registration exists for the same goods/services”.

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Trademark Registration Web Development Advertising 52

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. This and much more in last week’s SpicyIP Weekly Review. Anything we are missing out on? On the occasion of Prof.

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Trademark Advertising Advertising Copyright 40

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. BSA Business Software Alliance Inc. vs The Controller of Patents & Anr. Inventprise Inc.

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Registration Trademark Copyright Registering Trademarks 52

LexBlog IP

APRIL 23, 2022

” The United States Patent and Trademark Office (“USPTO”) categorizes trademarks by “Classes.” International Trademark Class 35 – Advertising and business services. For example, if I own a software business service that also sells downloadable digital videos, I can file in two International Classes.

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Trademark Business Music Advertising 52

SpicyIP

JULY 19, 2021

Serious Comparative Advertising: Broadening the Definition. In this guest post , Sangita Sharma analyses the law around comparative advertisements in India. She contends that the ‘fair’ and ‘honest’ use thresholds under Section 30(1)(a) and (b) of the Trade Marks Act should come to the rescue of such advertisements.

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Advertising Advertising Non-Fungible Tokens Intellectual Property 105

SpicyIP

DECEMBER 17, 2023

From conflicting positions on AI as a co-author of a work to the contours of information required u/s 39 about the patent applications filed abroad, we had some engaging posts on this blog this week. Highlights of the Week By Whom and How Are Our Patent Examiners Being Recruited? Sidhi is a final year B.A.

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IP Trademark Advertising Advertising 59

LexBlog IP

DECEMBER 30, 2021

The United States Patent and Trademark Office (“USPTO”) uses these Classes to categorize trademarks. For example, if I own a software business service that also sells downloadable digital videos, I can file in two International Trademark Classes. There are 45 total International Trademark Classes. candle wicks.

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Trademark Business Cinema Music 52

The IP Law Blog

JANUARY 12, 2023

Understanding the extent of a company’s IP holdings usually starts with what’s known to the company, such as all registered copyrights, trademarks, or patents, domestic and foreign. Such inventions may be protectable under federal patent laws. Intellectual property is a company asset, just like inventory.

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IP Intellectual Property Social Media Cease and Desist 98

Erik K Pelton

NOVEMBER 3, 2020

Television advertising. As discussed in sections one and two, it is important to take a few minutes to search and make sure a name is unique, and it’s even more important to file the name with the United States Patent and Trade Office (USPTO) to register it. The following is an excerpt from my book, Building a Bold Brand.

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Business Trademark Cease and Desist Branding 130

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. The Supreme Court held that such payments are not ‘royalty’ and recognised the doctrine of exhaustion in software. Hetero Drugs Ltd [Delhi High Court].

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IP Intellectual Property Copyright Trademark 143

LexBlog IP

JANUARY 12, 2023

Understanding the extent of a company’s IP holdings usually starts with what’s known to the company, such as all registered copyrights, trademarks, or patents, domestic and foreign. Such inventions may be protectable under federal patent laws. Intellectual property is a company asset, just like inventory.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

43(B)log

FEBRUARY 21, 2024

16, 2024) WCT offers a mobile-fitness app called “Bike+” and owns a trademark registration for that name. He “spent substantial amounts of time coding and testing this innovation and applying for a patent. World Champ Tech LLC v. Peloton Interactive, Inc., 2024 WL 665181, No. 21-cv-03202-LB (N.D. Downloads declined after a 2015 peak.

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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.

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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. The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals.

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IP Copyright Trademark Intellectual Property 124

43(B)log

OCTOBER 4, 2021

Indeed, the PTO has increased its focus on whether the use an applicant is making is trademark use, as opposed to ornamental or informational use, in its registration decisions. Thus, even though it would be possible to have a registrable llama logo that functioned as a trademark, that’s not what Epic had.

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43(B)log

FEBRUARY 23, 2024

The purpose of trademark is consumer protection; source-identification is the most relevant consideration but not the entirety of TM law. see also Booking: once source identification is shown, all other issues are dealt with as limitations on rights/incorporated into the confusion test.] Maybe to this we can add in Dastar.

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Trademark Law Branding Brands 45