43(B)log

FEBRUARY 3, 2024

Bita Amani: Forbidden Arts & Subjugated Knowledges: On the Polemics of Intellectual Property IP rights are state-dependent, property-dependent models so make false promises of equality. History of art as propaganda: art can support war or speak truth to power. Iran has criminalized expression: rapping, singing, dancing.

Branding 59

Branding Brands Branding Art 59

SpicyIP

MARCH 13, 2023

Noting how the Indian Government is in the process of coming up with a new bill with significant amendments, Prashant suggests that perhaps other countries should look to learn from India’s experience. ChatGPT and the Underlying Copyright Malady Can the output(s) generated by ChatGPT be protected under copyright law?

Intellectual Property Law 119

Intellectual Property Law Intellectual Property Trademark IP 119

The IPKat

JULY 17, 2023

Normal 0 false 21 false false false DE X-NONE X-NONE If a (former) distributor believes that they can do a better job at exploiting a principal’s trade mark and files for its registration, the principal can usually file an opposition based on earlier rights. On 18 March 1996, Underberg filed for registration of EU trade mark no.

Art 52

Art Registration Confidentiality Law 52

The TTABlog

APRIL 21, 2022

The Board granted a petition for cancellation of a registration for the mark DIRECT DIVINE LIGHT HEALING for educational services in the fields of metaphysics, spiritual healing, the aura and spiritual growth [DIRECT and HEALING disclaimed], finding it to be generic for and merely descriptive of the services.

Registration 52

Registration Public Use Art Trademark 52

Garrigues Blog

JUNE 1, 2021

For many, bullfighting is an art, but this does not necessarily mean that a bullfight is a work in which the bullfighter holds a copyright. For many, bullfighting is an art, but this does not necessarily mean that a bullfight is a work in which the bullfighter holds a copyright. How do you protect a website?

Blogging 52

Blogging IP Advertising Advertising 52

43(B)log

FEBRUARY 19, 2022

This basic question has three different answers, all regularly used in any given jurisdiction—this is not a matter of circuit splits. The answers are yes, no, and sometimes, a list both comprehensive and dismaying. This is unsurprising: Rogers itself was based on an opposition between “artistic expression” and “commercial speech.”

Trademark Law 72

Trademark Law Trademark Art Branding 72

43(B)log

FEBRUARY 3, 2024

Mary Katherine Amerine, Reasonably Careless Consumers in TM & False Advertising How do courts treat consumers in TM and false advertising cases? Assumption dates back to at least the 1930s that consumers exercise less care for inexpensive grocery items and are thus easier to confuse: Brew nuts v. Beer Nuts, Bulls’ Eye v. Ingredients v.

False Advertising 49

False Advertising Contracts Branding Brands 49

SpicyIP

DECEMBER 11, 2023

Ever wonder how they’d describe themselves to each other? Lokesh, in this lovely poem, describes how he’d imagine that conversation would happen, highlighting the overlap between the two. Lokesh, in this lovely poem, describes how he’d imagine that conversation would happen, highlighting the overlap between the two.

Trademark 103

Trademark Fair Use Moral Rights Art 103

SpicyIP

DECEMBER 17, 2023

Highlights of the Week By Whom and How Are Our Patent Examiners Being Recruited? Digging Past the Recent Re-Notification of the Exams Following the cancellation of the preliminary exams conducted by the QCI, the recruitment of 553 patent examiners has been re-notified, this time with the assistance of NTA. Sidhi is a final year B.A.

IP 59

IP Trademark Advertising Advertising 59

SpicyIP

MAY 15, 2023

Delhi High Court Sets Aside 3 Orders from the Patent Office and the Trademark Registry, in 1 day! Image from here The Delhi High Court has recently been remanding back a lot of unreasoned orders from the IP Offices rejecting a patent or trademark application. [This Weekly Review has been co-authored with Shikhar Chauhan.

Trademark 104

Trademark Registration Cease and Desist IP 104

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? We may be teaching a doctrine modeled on commercial activity that doesn’t take up much of the space of the way people use TMs.

Trademark 49

Trademark Branding Brands Branding 49

LexBlog IP

JANUARY 5, 2022

I have to give it to creative, resilient lawyers (and in fact, I have lauded them in the past here and there ). When the United States Supreme Court issued its decision in Allen v. Cooper, 140 S.Ct. Cooper, 140 S.Ct. ” Flynn, Queen Anne’s Revenge, Indeed! University Of Houston System, No. 21-735 (2021).

Intellectual Property 52

Intellectual Property Government Invention 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. 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. Nataraj, Ms.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

OCTOBER 4, 2021

Begin with legislative action: Trademark Modernization Act, Which introduces three of the big themes of the year: (1) trademark use, (2) the harm of infringement, and (3) the role of the First Amendment in limiting the scope of trademark rights. My presentation, galloping across a bunch of developments. Slides here.

IP 94

IP Trademark Advertising Advertising 94