SpicyIP

MAY 18, 2022

Her previous posts on the blog can be viewed here, here , here , here and here. 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. The views expressed in this post are personal. Aparajita Lath.

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Non-Fungible Tokens Trademark Artwork Art 122

Kluwer Copyright Blog

JULY 16, 2023

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. 2) Can reporting on dupes of famous perfumes amount to trademark infringement? It will focus on the s.10(3)

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Blogging Law IP Fair Use 52

JD Supra Law

NOVEMBER 10, 2022

Hermès is suing an artist for trademark infringement over his series of digital artworks called MetaBirkins. Scott Hervey and Josh Escovedo discuss the case on this episode of The Briefing by the IP Law Blog. By: Weintraub Tobin

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Technology & Marketing Law Blog

MARCH 5, 2024

The print-on-demand service at issue is Pixels, who has appeared on this blog before. The plaintiff paints fish, has a trademark in his name, “DeYoung,” and has registered copyrights. The plaintiff claims that Pixels’ users upload infringing images and refer to them by the trademark DeYoung.

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Artwork Trademark Publishing Marketing 98

Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? Defendants, meanwhile, operate themed pop-up restaurants and bars in Houston, Texas.

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Blogging Social Media Television Fair Use 92

Biswajit Sarkar Copyright Blog

JUNE 4, 2023

Whether it’s virtual reality experiences, in-app purchases, or digital assets, protecting your brand and creations with a trademark is essential. In this article, we will explore the process of obtaining a trademark for virtual goods and the importance of seeking guidance from a trademark and patent attorney in India.

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Technology & Marketing Law Blog

JULY 16, 2022

Here is the breakdown of works (note: 1 claim involves both photos and artwork, so I counted the claim in both categories): Photos: 19. Artwork: 8. Also… This claim against SiteJabber is based on trademarks, not copyright. Prior Blog Posts on the CCB. Literary: 4. Seeing this mask made me laugh.

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Patent Trademark Blog

JULY 13, 2023

In addition to patents and trademarks, copyright registrations can be valuable in protecting certain products. Trademark protection for product shapes can be particularly challenging. It is possible to obtain a copyright registration on 2-dimensional artwork without regard to the medium on which the artwork is displayed.

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Designs Design Copyright Artwork 52

Garrigues Blog

JUNE 1, 2021

It’s the first anniversary of the Garrigues IP Blog. We take a look at our Top10 most-read posts in this first year of the IP Blog: The Influencers’ Code of conduct comes into force on January 1, 2021: are you aware of your obligations? Banksy Case: registration of a trademark in bad faith and the price of anonymity.

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IP Tech Blog

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. NFTs also may embody or use trademarks. This is highlighted in the case of Hermès International v.

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Trademark Non-Fungible Tokens Branding Brands 62

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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Trademark Registering Trademarks Art Cease and Desist 104

Patent Trademark Blog

SEPTEMBER 20, 2023

Typically, design patents cover three-dimensional shapes without regard to any two-dimensional artwork that might be displayed on any surfaces. When it is arguable whether an accused product would infringe a design patent, then the addition of two-dimensional artwork to an accused product could tip the scales toward noninfringement.

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Kashishipr

SEPTEMBER 20, 2021

The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High Court, alleging Copyright and Trademark Infringement. According to NTC, the SSPL label mark was only a registered trademark, and therefore, it couldn’t be used as an artistic work. Plaintiff’s Arguments. SSPL was incorporated in 2004.

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Patent Trademark Blog

JANUARY 18, 2023

Trying to obtain a design patent on a two-dimensional artwork or graphic design without regard to the article can also lead to ineligible problems. appeared first on Patent Trademark Blog | IP Q&A. appeared first on Patent Trademark Blog | IP Q&A. Is a GUI a machine, manufacture or composition of matter?

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Patent Trademark Blog

MAY 26, 2023

The artwork also met the second condition since you could imagine removing the decorations and applying them to another medium. Can you trademark a product shape or feature? Though it is possible to register a product shape as a trademark, it is highly difficult to do so. Product shape trademarks , therefore, are very rare.

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Patent Trademark Blog

FEBRUARY 24, 2022

What if you want to register only a 2-dimensional graphic design or artwork? The same principle would apply to artwork or graphic designs shown on consumer goods. Confer with your patent attorney to explore the option of drawing the consumer good in broken lines and the artwork in solid lines.

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Design Patent Designs Design Graphic Design 52

IIPRD

FEBRUARY 6, 2024

We will examine the fundamental ideas and rules of copyright, trademark, and patent laws as well as how they relate to various entertainment business sectors in this extensive book. Copyright and trademark are the most important IP rights in this industry.

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The IPKat

DECEMBER 31, 2023

This week’s big IP news is the New York Times suing OpenAI and Microsoft for copyright infringement, trademark dilution and other violations of existing laws. The Blog The IPKat Events Page This is a reminder that we keep an up-to-date IP-related events page here. Image: flickr.com Katfood The New York Times Company v.

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Intellectual Property Intellectual Property Law Public Domain Copyright Infringement 70

IPilogue

JUNE 30, 2022

On May 09, 2022 , the Delhi High Court protected the title of the iconic Bollywood movie “ Sholay ” from trademark infringement and passing-off by a U.S. Can movie titles be protected as trademarks in India? However, unlike India, Canadian courts also do not accord trademark protection to titles. in recent years.

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Technology & Marketing Law Blog

MARCH 7, 2022

Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” For more details, see the section “A Brief History of Copyright Registration” in my previous blog post.). 881 (2019), and my previous blog post. 3d 1194 , 1196 (9th Cir.

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LexBlog IP

DECEMBER 30, 2021

There are 45 total International Trademark Classes. The United States Patent and Trademark Office (“USPTO”) uses these Classes to categorize trademarks. The classification system is critical because trademarks identify a source of goods and/or services that distinguish the trademark from others.

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LexBlog IP

APRIL 23, 2022

There are 45 total Trademark Classes, also known as “International Classes” or simply “Classes.” ” The United States Patent and Trademark Office (“USPTO”) categorizes trademarks by “Classes.” A video of me explaining the trademark classes. What Are Trademark Classes?

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SpicyIP

SEPTEMBER 11, 2023

Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Calcutta High Court resolves the 23 year old trademark battle between KitKat and KitKat, using a seemingly wrong precedent by the IPAB. Wondering what IP developments took place last week?

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Registration Trademark Copyright Music 105

IPilogue

SEPTEMBER 23, 2022

District Court, Central District of California, on June 15 suing Shein for over $100 million in damages for unauthorized reproductions of her artwork “One is good, more is better.”. In 2019, Mollman registered this artwork with the U.S. Copyright Office and included Copyright Management Information (CMI) on her artwork.

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Corsearch

AUGUST 24, 2023

In this blog, we outline the tools you can use to protect your brand reputation and prevent consumer confusion. Trademark infringement Trademarks are distinctive elements like words, logos, phrases, designs, or symbols used to identify the origin of goods and services.

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Branding Brands Branding Copyright Infringement 52

LexBlog IP

DECEMBER 11, 2023

In a presidential decision, the Trademark Trial and Appeal Board (“TTAB”) held that Black Card, LLC can register FOLLOW THE LEADER because the phrase operates as a source identifier and not as an unregistrable common phrase.

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IP Tech Blog

JUNE 8, 2023

Today, in a unanimous decision , the Supreme Court held that the First Amendment will not protect an infringers’ use of a confusingly similar trademark for its goods – even if it is a humorous parody. The Court reiterated that the touchstone of trademark infringement is likelihood of confusion. 22-148, 2023 WL 3872519 (U.S.

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IP Tech Blog

JANUARY 4, 2023

In this blog post we examine how copyright is leveraged to protect NFTs, both in the US and China, with a comparative approach that elucidates both the challenges and potential solutions. Can other IP rights like trademarks play a role in protecting NFTs? Is this the same in the US and China? If yes, under what circumstances?

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IP Ownership Non-Fungible Tokens Copyright Law 109

IPilogue

OCTOBER 3, 2022

LV sued Plesner alleging trademark infringement. Mr. Bereskin astutely noted that Plesner’s artwork would have been less popular if LV had abstained from legal action. Bereskin also discussed LV’s case against Haute Diggity Dog, a company that makes plush toys for pets to chew through parody of famous trademarks of luxury products.

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The IP Law Blog

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media.

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Kashishipr

AUGUST 17, 2022

Trademarks – A trademark helps identify, indicate, classify, and differentiate the source of products or services of one from those of others. Content creators and social media influencers should obtain the permission of the trademark owner whose brand name or product is displayed on their social media posts or stories.

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The TTABlog

NOVEMBER 27, 2023

Sections 1, 2, 3, and 45 of the Lanham Act provide the statutory basis for a refusal to register subject matter that does not function as a trademark or service mark. A threshold question in evaluating the registrability of a trademark or service mark is whether the proposed mark meets the source indication requirement.

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IPilogue

NOVEMBER 17, 2021

The Cowichan could have had a stronger claim against Ralph Lauren, given that they had already turned their minds to protecting their intellectual property through trademark law. Collective Ownership Over Cultural Artwork. Canadian courts have not yet grappled with the issue of collective ownership of Indigenous artwork.

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IIPRD

JANUARY 29, 2023

A person who employed the artist will be considered the proprietor of the artwork and can register for exclusivity for the same character. [3] 5] The content creator reached out to the artist for a commissioned artwork which is a unique character design. 12] Courts around the world generally apply tests to determine IP infringement.

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Patent Trademark Blog

MAY 26, 2021

Is the unique design a two-dimensional graphic artwork placed on a three-dimensional product or article (e.g., appeared first on Patent Trademark Blog | IP Q&A. Does the product hold, support, or attach to any external structures that should be shown in broken lines? The post What do dashed lines in a design patent mean?

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Kashishipr

JUNE 16, 2021

Theft of Trademarks: Trademark Infringement ensues when a third party makes unwarranted use of a mark in commercial parlance, usually about similar or competing goods, by affixing a mark that is identical or similar to the registered trademark. The act is pursued to deceive or confuse consumers as to the origin of those goods.

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Corsearch

AUGUST 14, 2023

In this blog post, we share a step-by-step guide on how you can remove counterfeits from eBay manually. Trademark infringement A trademark is a distinctive word, logo, phrase, design, or symbol used to identify the source of goods and services. Copyright infringement refers to the unauthorized use of a protected work.

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Branding Brands Branding Intellectual Property 52