Patent Trademark Blog

FEBRUARY 24, 2022

Should you use a design patent to protect your new product? When compared to utility patents , design patents are often overlooked as an IP asset. It’s true that only utility patents protect functional features, but design patents can still play an important role in protecting features that are not so functional.

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Patently-O

JUNE 8, 2023

by Dennis Crouch The Supreme Court recently issued its pro-trademark-owner opinion Jack Daniel’s Properties, Inc. The holding is that the First Amendment does not require any special scrutiny in cases where the accused activity is “the use of trademarks as trademarks.” See Rogers v. Grimaldi , 875 F. 2d 994 (2nd Cir.

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Trademark Law Trademark Law Fair Use 68

Patentably Defined

AUGUST 28, 2022

Trademarks and copyrights can often be confused with one another, but they are actually quite different. A trademark is a symbol, name, or other device used to identify the source of a good or service. Trademarks A trademark is a symbol, name, or design that is used to identify the products or services of a particular company.

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Trademark Copyright Artwork Music 40

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. I’ve left out the parts specific to registered trademarks and the reference to treaties. Taco Cabana, from 1992.

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Trademark Fair Use Registration False Advertising 59

Patent Trademark Blog

JANUARY 18, 2023

What makes an invention eligible for patent protection? Not every new thing is patentable. A concept might be unique, and yet ineligible for patent protection. Subject matter eligibility refers to whether an invention is qualified for patent protection. 35 USC 101 – Inventions patentable.

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Patent Application Invention Graphic Design Design Patent 98

Traverse Legal Blog

OCTOBER 20, 2022

Whether you are looking to make your own non fungible token to sell or you’re looking to buy an NFT as an investment, you need to be aware of copyright and trademark laws that might apply to your NFT. Trademark rights can be even more confusing to navigate in the world of NFTs. Copyrighting vs Trademarking NFTs.

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Non-Fungible Tokens Copyright Law Trademark Copyright 49

Technology & Marketing Law Blog

NOVEMBER 27, 2023

By guest blogger Lisa Ramsey , Professor of Law, University of San Diego School of Law The Supreme Court will likely hold in Elster that Section 2(c) is consistent with the First Amendment, but will it clarify how to balance trademark and free speech rights? After the Supreme Court granted cert in Vidal v. Tam (2017) and Iancu v.

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Registration Trademark Blogging Law 74

Patent Trademark Blog

MARCH 3, 2022

What does it take to patent a design? Before diving into how to patent a design, let’s first cover the why questions. Why do you want to get a design patent? Why is a design patent as opposed to a utility patent the right type of IP for your idea? Timing is critical when it comes to patent protection.

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Designs Design Design Patent Patent 52

Patent Trademark Blog

MAY 26, 2021

What is the meaning of broken or dashed lines in a design patent? While I’m not sure if you can call it a loophole, US design patents enable a particular option in the drawings that can potentially broaden protection. In a US design patent, the claimed design comprises what is drawn in solid lines.

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Design Patent Designs Design Patent 60

Biswajit Sarkar Copyright Blog

AUGUST 27, 2022

Is the protection of patent available for website? The domain name of the website may be protected by Trade Mark laws, whereas the contents of the website- the text, artwork, photographs, audio-visual content etc. Requirements for patentability. Does this mean websites can be patented? Some well-known patented websites.

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SpicyIP

SEPTEMBER 11, 2023

Tejaswini writes on this order by the Division Bench and its subsequent acknowledgment by the court, highlighting how this order can correct the practice of granting unfair ex parte ad-interim interim injunctions in Trademark litigation disputes. Preliminary Exams for the Recruitment of Patent and Designs Examiners Cancelled!

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Registration Trademark Copyright Music 105

Patent Trademark Blog

JANUARY 5, 2022

What is a design patent continuation application? US patent law allows an applicant to file a “child” patent application while the “parent” application is still pending. This rule applies to both utility and design patent applications. What is not allowed in a continuing design patent application?

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Design Patent Designs Design Patent Application 40

Corsearch

AUGUST 24, 2023

Identify the type of infringement Facebook will remove listings and posts that infringe your intellectual property, covering five categories: counterfeits, copyright infringement, brand abuse (which includes other forms of trademark infringement), design infringement, and patent infringement.

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Branding Brands Branding Copyright Infringement 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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Intellectual Property Cease and Desist Copyright Law Music 52

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. Table of Contents.

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Trademark Business Music Advertising 52

IP and Legal Filings

OCTOBER 28, 2022

Patent: Blockchain-related inventions can be protected as patents. Article 143 of the Patent Law provides patent holders recourse to file claims in the Commercial Court if the rights under their patent are infringed by another party. Trademark: NFTs may also be protected as a trademark.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 86

The IPKat

NOVEMBER 14, 2021

This week, a controversy involving a famous Hollywood actor damaging one of Banksy’s artworks has taken the news and Aaron Moss, on Copyright Lately, discusses the possibility of Banksy suing the actor based on infringement of his (?) Come with this Kat for a stroll around this week’s posts from IP blogs. moral rights.

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Blogging IP Moral Rights Artwork 113

Kluwer Copyright Blog

JULY 16, 2023

Vanity Fair magazine had commissioned Warhol’s artwork in 1984 to accompany an article about the singer’s rise to fame based on Goldsmith’s photograph under a one-time-use “artist reference” license between Vanity Fair and Goldsmith’s agent. 2) Can reporting on dupes of famous perfumes amount to trademark infringement?

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Blogging Law IP Fair Use 52

SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. The Patent Act: Catch 22 Does the Patent Act prevail over the Competition Act?

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Trademark Registration Copyright Patent 59

LexBlog IP

AUGUST 3, 2023

copyright and patent laws are currently written in a way that require human creation to be eligible for protection. This question is of critical importance because the U.S. The Quarles design rights legal team is nationally-recognized for its extensive knowledge and practice experience in this complex and important field.

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IP Intellectual Property Artwork Designs 52

Art Law Journal

JUNE 30, 2022

Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work. Take these two commonly heard phrases: “I need to copyright my company name,” and “I want to patent my new idea.”. Trademarks.

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Intellectual Property Invention Intellectual Property Law Design Patent 67

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. Image: flickr.com Katfood The New York Times Company v. Microsoft Corp., The whole editorial is available here. More information and application details can be found here.

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Intellectual Property Intellectual Property Law Public Domain Copyright Infringement 70

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? Read this post by Praharsh and Swaraj to find out more.

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IP Trademark Advertising Advertising 59

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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IP Intellectual Property Social Media Cease and Desist 98

LexBlog IP

SEPTEMBER 15, 2022

Indeed, the directors of the US Patent and Trademark Office and US Copyright Office are in the process of conducting a joint study to untangle the various interests at play, having promised Sens. Thom Tillis and Patrick Leahy they will deliver findings by June 2023. Tarantino , Case No. 2:21-cv-08979, U.S.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

TorrentFreak

DECEMBER 24, 2021

In an injunction application dated December 2, 2021, Nintendo requested a website blocking order under section 97A of the Copyright, Designs and Patents Act 1988. Clickable download links are displayed on the sites alongside copyrighted cover artwork displaying Nintendo trademarks. Application Targets NSW2U and NSWROM Domains.

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Social Media Artwork Copyright Reporting 139

IP Tech Blog

JANUARY 4, 2023

Can other IP rights like trademarks play a role in protecting NFTs? For NFTs that have to do with an indicator of a company’s trademark, the Lanham Act may provide protection to an NFT as well. Use in commerce and distinctiveness are two basic requirements to obtain trademark protection. Is this the same in the US and China?

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IP Ownership Non-Fungible Tokens Copyright Law 109

Art Law Journal

JUNE 30, 2022

Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work. Take these two commonly heard phrases: “I need to copyright my company name,” and “I want to patent my new idea.”. Trademarks.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

TorrentFreak

JANUARY 5, 2023

The campaign hopes to pay a lobbyist $187,500 to “educate government officials and policymakers” on a new threat to the creative industries – AI-generated artwork. Pfizer (17), Intel (18), and Comcast (18) appeared in more copyright, patent and trademark-related lobbying reports than the RIAA.

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Government Reporting Intellectual Property Copyright 126

Kashishipr

JUNE 16, 2021

Of these crimes, Intellectual Property (IP) theft is one of the many, which involves stealing copyright, patents, industrial designs, etc., Therefore, trademark, patent, trade secret, and copyright protection should be an integral part of every security strategy being opted by an entity. Conclusion.

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Intellectual Property IP Confidentiality Registering Trademarks 98

Kluwer Copyright Blog

NOVEMBER 26, 2023

Patent and Trademark Office held a conference on machine learning and copyright law (see “ Copyright Law and Machine Learning for AI: Where Are We and Where Are We Going ?”). Copyright Office subsequently reversed its decision to register her copyright ), she has since applied to register a new artwork.

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Registration Copyright Law Artwork Copyright 60

The IPKat

JULY 14, 2022

Comments on the EUIPO’s definition of NFT The EUIPO’s definition of an NFT partially resembles that of the United States Patents and Trademarks Office (USPTO), which states that “ non-fungible tokens (NFTs) are maintained on a blockchain and typically represent digital items and authenticate their ownership ”.

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Fish & Richardson Trademark & Copyright Thoughts

JUNE 16, 2022

Principal Cynthia Walden and Associate Sarah Kelleher discuss the non-fungible token (NFT) trend across the fashion industry and what this digital arena means for trademark protection and enforcement. Selling the Intangible in Fashion: What Does it Mean for Trademark Protection? PDF copy available. To File or Not to File.

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Non-Fungible Tokens Intellectual Property Trademark Branding 40

IP and Legal Filings

SEPTEMBER 8, 2021

NFTs may be represented in the form of memes, artworks, or videos. Since blockchain plays a pivotal role in the crypto market, several inventors have attempted to legally protect the various components of blockchain technology using patents. In recent years, applications for blockchain patents have increased at a rapid rate.

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Intellectual Property Non-Fungible Tokens Copyfraud Contracts 66

Corsearch

AUGUST 14, 2023

Trademark infringement A trademark is a distinctive word, logo, phrase, design, or symbol used to identify the source of goods and services. Trademark infringement occurs when a mark resembling yours is used without authorization. Patent infringement occurs when someone uses your invention without permission.

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Branding Brands Branding Intellectual Property 52

Corsearch

AUGUST 2, 2023

Trademarks A trademark is a distinctive word, logo, phrase, design, or symbol used to identify the source of goods and services. Trademark infringement is defined as a mark that looks and/or sounds like yours is used without your authorization. Patents Patents protect inventions, products, or industrial processes.

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Branding Brands Branding Reporting 52