Dear Rich IP Blog

DECEMBER 9, 2023

Dear Rich: I am writing a martial arts mobile phone app. The app includes text describing the martial arts movements and choreography illustrating the moves. The martial arts forms have been relatively unchanged since the 1970’s. Is this accurate? Is this accurate? Limited ways to express yourself.

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IP Watchdog

NOVEMBER 15, 2023

Patent and Trademark Office (USPTO) Director Kathi Vidal today designated as precedential a Patent Trial and Appeal Board (PTAB) decision from March of this year that held a precedential U.S.

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JD Supra Law

MARCH 14, 2024

In an appeal from a Patent Trial & Appeal Board finding of invalidity, the US Court of Appeals for the Federal Circuit held that the result-effective variable doctrine can apply even when there is no overlap between a claimed range and a prior art range. By: McDermott Will & Emery

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Art Trademark Patent 65

Erik K Pelton

NOVEMBER 18, 2022

The following is an edited transcript of my video The Golden Ratio of Trademark Protection. We love sunflowers at Erik M Pelton & Associates as a symbol of growth and renewal, and tie that into trademark and brand protection. The golden ratio is also found in art, music, design and many other places.

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IP and Legal Filings

APRIL 12, 2022

These designs are printed on products like – mugs, t-shirts, bags, stickers, stationery, housewares and wall art. District Court of the Northern District of California (“District Court”) addressed the issue of liability of an online retailer for copyright and trademark infringement done because of the user submissions, on January 28, 2021.

Art 52

Art Trademark Copyright Copyright Infringement 52

Erik K Pelton

MAY 23, 2023

The following is an edited transcript of my video “Responding to a Trademark Office Action” After a trademark application is filed with the US Patent and Trademark Office, it is generally about nine months (as of May 2023) until anything is heard back by the applicant.

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Patently-O

APRIL 20, 2024

The petition asks two questions related to the comparison process for design patent infringement — in particular, the questions focus on what can qualify as “comparison prior art” used to provide context for the infringement analysis. Must the comparison prior art be the “same article” as claimed?

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43(B)log

MAY 2, 2023

19, 2022) Technically, the trademark analysis here is weird (the parties agreed that the copyright fair use analysis would determine the trademark fair use analysis; the plaintiff’s lawyer is Higbee, FWIW), but the trademark claim is so clearly Dastar -barred and parasitic on the copyright claims that it’s hard to object.

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Art Fair Use Marketing Marketing 59

Nelligan Law

OCTOBER 27, 2023

Renowned for its bewitching tales and thriving arts scene, Salem is a perfect destination for a getaway. Salem is a living testament to the art of honoring the past while painting the future with boundless creativity. Many crafters in Salem create merchandise that might, well, tiptoe around trademark infringement.

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Intellectual Property Art IP Copyright Law 92

Erik K Pelton

FEBRUARY 20, 2023

The following is an edited transcript of my video 3 Things I Learned in Law School That I Apply to Trademarks Every Day. and I was reflecting on some of the lessons that I learned in law school that I apply to my trademark work every day. A trademark application is really a blend of an art and a science.

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Garrigues Blog

APRIL 16, 2024

The Supreme Court has delivered a judgment that bolsters copyright protection for works of applied art under criminal law: It sets an important precedent in Spain in distinguishing design as an art that deserves protection under both criminal as well as civil law.

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Art Artistic Work Law Designs 59

Erik K Pelton

DECEMBER 20, 2022

The year saw many trademark stories in the news as backlogs continued at the USPTO even while application filing numbers dropped from their all time highs during the two previous years. Here are the biggest trademark stories of 2022 that we have been following at EMP&A. Celebrity trademark messes. Queen of Christmas.

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Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

IP Watchdog

JANUARY 20, 2023

Copyright Office appoints a new Deputy Director of Policy & International Affairs; Getty Images launches a lawsuit against an AI art company; the United States Patent and Trademark Office pushes back the deadline for comments on its Draft 2022-2026 Strategic Plan; and the U.S.

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Art Trademark Copyright Patent 107

Patently-O

DECEMBER 20, 2022

I think of these generally as “smart wallets” but I learned today that the company Storus has a registered trademark for that term. Is it Prior Art? From a patent law standpoint, the most interesting part of the appellate decision focuses on anticipation and the basic patent-law game show question “Is it Prior Art?”

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Art Branding Brands Branding 123

JD Supra Law

FEBRUARY 28, 2022

(“Hermès”) sued digital artist Mason Rothschild in the Southern District of New York for creating and selling “MetaBirkins,” a collection of NFTs tied to digital art depicting tote bags inspired by the iconic Birkin bag. This case gives rise to the following questions.

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Art Trademark Marketing Marketing 52

JD Supra Law

DECEMBER 21, 2023

Patent and Trademark Office (USPTO) Director Kathi Vidal has taken the position that AIA patents are not governed by Dynamic Drinkware, and so qualify as prior art as of the earliest priority date claimed, without regard to whether the cited patent document is entitled to the.

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LexBlog IP

JULY 17, 2023

The growing popularity of art generated by Artificial Intelligence (AI) is no longer just a question of whether it is morally right to replace human artists. Now the discussion has expanded to consider the possible legal ramifications of art that is produced with an algorithm based on the data of other existing art styles.

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Intellectual Property Art Artwork Moral Rights 52

JD Supra Law

NOVEMBER 20, 2023

On November 15, 2023, Director of the United States Patent and Trademark Office (USPTO) Kathi Vidal designated as precedential the Patent Trial and Appeal Board’s (PTAB) final written decision in Penumbra, Inc. for prior-art determinations applies only to pre-AIA determinations and not to post-AIA determinations. RapidPulse, Inc.

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Art Designs Design Trademark 65

Erik K Pelton

JULY 26, 2021

The following is a transcript of my video Three Mistakes That Can Sink Any Trademark Application. I’ve working with thousands of trademark applications that I have filed clients and, before that, as an examiner at the USPTO. So over 20 plus years, I have absorbed a lot of the common patterns in trademark applications.

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IP Law 360

FEBRUARY 10, 2022

In order to help automobile manufacturers and other retailers minimize the risk of copyright and trademark infringement for use of street art in advertisements — an issue highlighted in the recently settled Korsen v.

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Art Advertising Advertising IP 98

JD Supra Law

FEBRUARY 10, 2023

in a trademark battle against LA-based digital artist Mason Rothschild. To quote a headline from French daily Libération, “Hermès 1, NFT 0.” On February 8, a federal jury in New York sided with France’s storied luxury fashion company, Hermès International S.A., By: Katten Muchin Rosenman LLP

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Intellectual Property Law Blog

MARCH 25, 2021

Many things are being tokenized, but the growth of NFTs for digital art is booming. This, in part, is due to the recent headline news that Beeple’s iconic digital art work was sold at auction by Christie’s for $69 million. Other digital art is being created to leverage pre-exiting IP and physical art.

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IP Watchdog

DECEMBER 6, 2023

10, 2023), a key issue in inter partes reviews: how to establish a reference patent as prior art based on the filing date of an earlier-filed application, such as a provisional. Patent and Trademark Office (USPTO) Director Kathi Vidal designated the Penumbra decision precedential. Rapidpulse, Inc., IPR2021-01466, Paper 34 (Mar.

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Art Patent Invention Designs 52

JD Supra Law

FEBRUARY 10, 2023

How far does a trademark extend into the digital art world? French luxury fashion brand Hermès sought to answer this question in its precedent-setting case against artist Mason Rothschild, which concluded with a win for Hermès this week. By: Morrison & Foerster LLP

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Trademark Art Branding Brands 98

JD Supra Law

JULY 18, 2023

Patent and Trademark Office (USPTO) Director Kathi Vidal recently altered a decision by the Patent Trial and Appeal Board (PTAB) to address the use of applicant admitted prior art (AAPA) in inter partes review (IPR) petitions.

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Art Patent Application Technology Trademark 52

IP Watchdog

APRIL 5, 2023

Patent and Trademark Office (USPTO) Director Kathi Vidal issued a decision on sua sponte Director review that vacated a decision of the Patent Trial and Appeal Board (PTAB), which had previously denied institution of inter partes review (IPR) proceedings brought by semiconductor company Wolfspeed. On March 30, U.S.

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Art Patent Trademark Patent Infringement 67

JD Supra Law

FEBRUARY 16, 2024

MSCHF decision, the Second Circuit Court of Appeals ruled in favor of Vans, a known skateboarding footwear and apparel brand, against the New York art collective MSCHF.

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Trademark Art Branding Brands 68

SpicyIP

MAY 10, 2023

Image from here On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications.

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Trademark Invention Patent Art 126

IP Watchdog

JUNE 30, 2022

There are not many trademark cases that are of equal interest to high fashion, the art world and cutting-edge tech. The ongoing “MetaBirkin” lawsuit is unusual, however, in that it involves a designer brand and two of the latest, trending topics – non-fungible tokens (NFTs) and the metaverse.

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IP Law 360

NOVEMBER 15, 2023

Patent and Trademark Office Director Kathi Vidal designated new precedent Wednesday that post-America Invents Act patents don't have to worry about a Federal Circuit ruling regarding the relationship between priority applications and follow-up applications in prior art analysis.

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SpicyIP

MAY 18, 2022

Trademarks and the Metaverse: Imaginary Rights or Real Wrongs? World over companies are rushing to protect their trademarks in the online, virtual environment – the metaverse. In the US too, several companies are protecting their trademarks for similar goods and services. Aparajita Lath. Image from here. Application date.

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Non-Fungible Tokens Trademark Artwork Art 122

Intellectual Property Law Blog

SEPTEMBER 29, 2022

Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series. On September 22, 2022, the U.S.

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JD Supra Law

DECEMBER 16, 2021

As a business, the rights and privileges of registering your trademark provide the keys to understanding the potential remedies available if someone infringes on your mark. Trademarks left unregistered are more vulnerable and have minimal legal protection.

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IPilogue

FEBRUARY 16, 2023

company specializing in greeting cards depicting street art, subsequently used this image in their products. On November 7, 2018, Pest Control, Banksy’s authentication body, filed an EU trademark claim on behalf of the artist for Laugh Now. Trademark law allows Banksy to remain anonymous and maintain his mysterious artistic persona.

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Trademark Artwork Registration Art 105

IP Tech Blog

AUGUST 17, 2022

Back in 2020, the famous Chinese brew company Tsingtao Beer filed an administrative complaint for trademark infringement against a smaller Chinese competitor for the use of recycled Tsingtao beer bottles. Is this however a case of trademark infringement? Trademark or Unfair Competition? And, why is this important?

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IP Watchdog

SEPTEMBER 12, 2021

Patent and Trademark Office (USPTO), discussing the issue of inconsistent statements made by patent applicants pursuant to their disclosure requirements at the USPTO and other federal agencies, especially the U.S. Food and Drug Administration (FDA).

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IP Law 360

JULY 27, 2023

railcar sensor patent is invalid, despite prior art having been shown to the U.S. Patent and Trademark Office examiner during prosecution. The Patent Trial and Appeal Board has agreed to review whether an Amsted Rail Co.

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