IP Watchdog

FEBRUARY 8, 2024

The Fourth Circuit further found that professional photographer Larry Philpot was entitled to summary judgment on the validity of his copyright registration, vacating the Eastern District of Virginia’s determination that a genuine dispute of material fact existed as to the accuracy of Philpot’s registration application.

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Fair Use Journalism Registration Copyright 105

IP Watchdog

JANUARY 3, 2024

Copyright Office issued a Notice of Proposed Rulemaking in the Federal Register today offering a new group registration option for frequently updated news websites.

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Registration Copyright Business Government 110

Biswajit Sarkar Copyright Blog

AUGUST 3, 2023

Copyright Registration in India ensures legal protection to the creators of original works. Copyright registration in India ensures protection for various types of works, such as literary works (e.g., books, articles, poems), artistic works (e.g., In India, the protection of copyright is governed by the Copyright Act, 1957.

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Registration Copyright Artistic Work Ownership 52

Biswajit Sarkar Copyright Blog

JULY 9, 2022

The term “design” has been defined in Section 2(d) of the Designs Act, 2000 as the features of shape, configuration, pattern, ornament or composition of lines or colours applied on an article that is either two or three dimensional or both. Criteria for design registration.

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The IPKat

SEPTEMBER 9, 2021

Late last month (August), the Kampala Protocol on voluntary registration of copyright and related rights within the framework of the African Regional Intellectual Property Organization (ARIPO) was adopted at a Diplomatic Conference held in Kampala, Uganda. See Article 6. See Article 8.

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Related Rights Registration Copyright Contracts 95

JD Supra Law

MARCH 22, 2023

Trademark Trial and Appeal Board (“TTAB”) in December 2022 ordered the cancellation of the COHIBA and COHIBA (stylized) registrations owned by General Cigar Co. General Cigar”), based on Article 8 of the Pan American Convention. In what may be the longest running trademark dispute in the United States, the U.S. By: Sunstein LLP

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Olartemoure Blog

OCTOBER 27, 2023

008742 which develops and establishes not only the terms but also the form and content for the registration of technology import contracts before the entity. 008742 registration of technology transfer contracts se publicó primero en OlarteMoure | Intellectual Property. La entrada Resolution N. La entrada Resolution N.

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Contracts Registration Technology Intellectual Property 52

IP Watchdog

NOVEMBER 1, 2022

Copyright Office (USCO) that the registration for the first issue of her partially AI-generated graphic novel, Zarya Of The Dawn, may be canceled. When asked to confirm the potential cancellation for Kashtanova’s registration, the USCO provided a written statement saying.“Copyright Copyright under U.S. law requires human authorship.

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Registration Copyright Law Technology 145

Technology & Marketing Law Blog

AUGUST 31, 2021

One of the practices that has generated a sizeable number of disputes and rulings is the use of photos to illustrate articles. There is no shortage of articles being generated online, and often those content producers simply canvass the web to find a suitable photo. The article contained several of plaintiff’s photographs.

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Fair Use Journalism Licensing Marketing 129

Kashishipr

APRIL 6, 2022

Under the Indian Trade Marks Act of 1999 , if a sound is or has become a distinctive or unique symbol associated with one undertaking, it will be eligible for obtaining Trademark Registration. This article shall discuss the foundations of sound trademark registrations in India while giving examples of widely known sounds trademarks.

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Registration Trademark Intellectual Property Branding 105

Intepat

NOVEMBER 20, 2023

While copyright protection is inherent, it is noteworthy that the formal registration of copyrights provides additional advantages to the owner or author. In this article, we delve into the intricacies of these advantages and explore the requisite documentation necessary for the effective registration of copyrights.

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Registration Copyright Ownership Public Domain 52

LexBlog IP

APRIL 5, 2023

There has been quite a bit of debate around the registrability of GUIs under industrial design law in India. While the Designs Act, 2002, recognised protection for GUIs, the Indian Patents Office has been reluctant to grant registration to GUIs. It is not a finished article since no industrial process was involved in manufacturing it.

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Registration Designs Design Public Domain 52

The TTABlog

JULY 12, 2021

Here (pdf) is an article I prepared, briefly summarizing the precedential decisions of the CAFC and the TTAB over the past twelve months. Tomorrow I will be presenting a webinar, along with Ted Davis, for the New York Intellectual Property Law Association, on recent trademark cases in the courts and at the TTAB.

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Registration Intellectual Property Law Trademark Intellectual Property 98

IP Watchdog

JANUARY 24, 2023

Copyright Office (USCO) Copyright Public Records System (CPRS) reflected that the registration for a graphic novel that was made using the AI text-to-image tool, Midjourney, had been cancelled. However, a month later, and following significant press attention, the Office issued a notice indicating that the registration may be cancelled.

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Registration Copyright Technology Intellectual Property 145

IP and Legal Filings

AUGUST 27, 2022

Section 171 of title 35 United States Code provides “whoever invents any new, original and ornamental design for an article of manufacture may obtain a patent thereof”. The office primarily considers the designs for computer-generated icons embodied in articles of manufacture as statutorily eligible for attaining a patent.

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Design Patent Designs Design Technology 52

IP and Legal Filings

JULY 8, 2022

Industrial drawing and design consist of the ornamental or aesthetic aspects of an article, and can include three-dimensional features, such as the shape of an article, or two-dimensional features, such as pattern, lines, or colour. The registration and renewal fees shall be fixed in the Regulations. Industrial Design in Oman.

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Registration Designs Design Copying 68

IP Watchdog

JANUARY 24, 2023

Copyright Office (USCO) officially cancelled the registration for a graphic novel that was made using the AI text-to-image tool, Midjourney. However, a month later, and following significant press attention, the Office issued a notice indicating that the registration may be cancelled.

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Registration Copyright Technology Intellectual Property 98

IP Watchdog

JUNE 6, 2022

The complaint marks the start of a new phase of Thaler’s attempts at obtaining a copyright registration for “A Recent Entrance to Paradise,” an AI-generated work that is the output of Thaler’s AI system known as Creativity Machine. Thaler is also seeking an award of reasonable attorneys’ fees and costs.

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Registration Copyright Inventor Technology 137

Technology & Marketing Law Blog

JULY 9, 2023

The EU IPO denied a trademark registration for the following symbol in various real estate-related classes: The trademark examiner determined that the symbol means “I love you” in American Sign Language (ASL). For an overview of the emojis/IP interface, see this article.

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Registration Trademark IP Advertising 83

Michael Geist

NOVEMBER 8, 2022

In a recent article on how digital creators are contemplating leaving Canada as a result of Bill C-11’s regulation of user content, the CRTC stated: We strongly encourage interested parties – like TikTok users – to monitor our announcements and participate in public processes. According to the CRTC, users are in.

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Registration Television Government 89

IP and Legal Filings

JANUARY 26, 2023

2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks. Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3] In this also falls the case of colour marks.

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Registration Trademark Trademark Law Law 77

The TTABlog

JANUARY 7, 2022

Thomas McCarthy has provided to me his comments on the CAFC's October 27, 2021 decision in the Brooklyn Brewery case, in which the appellate court largely affirmed the TTAB's denial of Plaintiff Brooklyn Brewery's petition for cancellation of a registration for the mark BROOKLYN BREW SHOP (in standard form) for beer-making kits.

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Registration Trademark Law Trademark Law 91

Garrigues Blog

NOVEMBER 24, 2022

In recent years, the EUIPO Cancellation Division has decided to invalidate several trademarks by the famous graffiti artist Banksy on the basis that they were registered in bad faith (article 59.1b) of the European Union Trademark Regulation– EUTMR ). Finally, the Board holds that there is no requirement to use the mark prior to registration.

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Registration Trademark Art Blogging 52

Garrigues Blog

NOVEMBER 22, 2022

In recent years, the EUIPO Cancellation Division has decided to invalidate several trademarks by the famous graffiti artist Banksy on the basis that they were registered in bad faith (article 59.1b) of the European Union Trademark Regulation– EUTMR ). Finally, the Board holds that there is no requirement to use the mark prior to registration.

Registration 52

Registration Trademark Art Blogging 52

43(B)log

JULY 3, 2023

Industria has never had a registration for Ranchera; its application was opposed by an unrelated third party and has been suspended; a prior registration for Zenú was cancelled and Industria never sold any Zenú or Ranchera products in the United States when it owned that registered trademark.

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False Advertising Advertising Advertising Registration 59

IP Watchdog

AUGUST 19, 2021

Department of Commerce Office of Inspector General (OIG) published a final report on the audit of the United States Patent and Trademark Office (USPTO) trademark registration process. The report ultimately found that the trademark registration process was ineffective in this respect. On August 11, the U.S.

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Registration Trademark Reporting Publishing 128

LexBlog IP

OCTOBER 4, 2022

JNF applied for the mark THE HAPPIEST HOUR and Harwood owns a registration for HAPPIEST HOUR. JNF sought cancellation of the Harwood registration based on alleged prior use and a likelihood of confusion. Analogous use is insufficient to provide a basis for trademark registration, but it can be sufficient to establish priority.

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Registration Trademark Advertising Advertising 52

IP Watchdog

FEBRUARY 24, 2022

Copyright Act “does not distinguish between a mistake of law and a mistake of fact; lack of either factual or legal knowledge can excuse an inaccuracy in a copyright registration under §411(b)(1)(A)’s safe harbor.” The decision comes after Unicolors, Inc.

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Registration Copyright Law Litigation 111

IP Watchdog

SEPTEMBER 8, 2023

Copyright Office published a decision denying registration of a work created using the generative artificial intelligence (GAI) system, Midjourney, highlighting the complexities such technology is introducing to the U.S. Earlier this week, the Review Board of the U.S. copyright system. The decision issued this week found that Jason M.

Registration 72

Registration Copyright Artwork Publishing 72

IP Watchdog

SEPTEMBER 23, 2021

Following a Request for Comments in March 2021, the United States Patent and Trademark Office (USPTO) yesterday published a Federal Register Notice updating the General Requirements Bulletin (GRB) for admission to the registration exam to practice in patent cases before the Office.

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Registration Patent Publishing Trademark 116

The IPKat

MAY 1, 2023

Are toys that fall within the category of ‘gymnastic and sporting articles’ different from toys that fall within the broader category of ‘games and toys’? The relevant goods for the purposes of the present action were those in Class 28 (gymnastic and sporting articles). In 2018, Simba Toys GmbH & Co.

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Registration Law 52

IP and Legal Filings

JULY 8, 2022

The registration of a trademark provides protection for 10 years, after which time the registration may be renewed. The whole process of registration takes around 12-15 months where the application is examined by the TM office within the first couple of months. Filing requirements. Examination. Penal Provisions.

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Registration Trademark Copying Publishing 66

The IPKat

AUGUST 17, 2022

All the above was probably at the basis of an attempt, on the side of luggage manufacturer Samsonite, to obtain a 3D EU trade mark (EUTM) registration for the shape of the tablet case pictured below. The applicant maintained its request for registration. Unfortunately for this American company, things did not play out in its favour.

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Registration Designs Design Marketing 91

The TTABlog

JUNE 8, 2021

The court therefore upheld the decision of the TTAB [ here ] ordering cancellation of the PRETZEL CRISPS Supplemental Registration. TTABlogger comment: The NYU article blogged here last Friday includes a discussion of the Teflon survey in the PRETZEL CRISPS case. Read comments and post your comment here. Text Copyright John L.

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Registration Social Media Blogging Marketing 97

IP Watchdog

FEBRUARY 2, 2022

Court of Appeals for the Federal Circuit ruled earlier today that a stylized form of the trademark for the.SUCKS domain name failed to create a “separate commercial impression” warranting registration by the U.S. Patent and Trademark Office (USPTO). Vox Populi Registry Ltd.

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Registration Trademark Patent Litigation 80

JD Supra Law

SEPTEMBER 8, 2022

Since Article 8 of the Trademark Law of China (2001) stipulates that a three-dimensional sign can be filed for registration as a trademark, three-dimensional sign trademarks (also known as the “three-dimensional trademarks”) have been formally included in the scope of protection of the Trademark Law of China.

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Registration Trademark Trademark Law Law 52

Biswajit Sarkar Copyright Blog

OCTOBER 21, 2021

This means that it should not have been used or published in any nation prior to the date of the registration application. · Designs that stand similar or resemble already existing designs do not qualify for registration. REGISTRATION PROCEDURE. The following is the method for making an application for a design registration. ·

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Registration Designs Design Copying 52