JD Supra Law

SEPTEMBER 19, 2023

Today marks the kickoff of the Biotech Week Boston event series, and for the rest of the week our As Prescribed blog will feature posts exclusively from our Boston life sciences lawyers.

Licensing 65

Licensing Blogging 65

Kluwer Copyright Blog

JANUARY 9, 2023

as it provides a first set of facts to “undramatize” copyright actions via YouTube and the like and start to look at this from a position of “factfulness”. The Contested Meaning of Web3 & Why it Matters for (IP) Lawyers by Mark Fenwick and Paulius Jurcys. Factfulness, p.

Copyright 95

Copyright Blogging Fair Use Reporting 95

Kluwer Copyright Blog

JANUARY 10, 2022

This blog post explains why the judgment is still highly significant, coming at a time when the fundamental rights compatibility of Art. The final version of the guidance makes it clear that the Commission has abandoned the position it held before the CJEU that art. 3 (1) InfoSoc Directive, has been eagerly awaited for a long time.

Non-Fungible Tokens 92

Non-Fungible Tokens Blogging Copyright Marketing 92

SpicyIP

FEBRUARY 21, 2024

Rather, after analysing the legislative intent of the TRA, conflicting High Court judgements on the said issue and the earlier position of trademark law in India, the Court referred the matter to a larger bench for reconsideration. This blog argues that it should be the same as the 1958 act. What is the Issue Here (Procedural History)?

Trademark 105

Trademark Intellectual Property Designs Design 105

SpicyIP

AUGUST 1, 2023

We are pleased to inform you that the Centre for Innovation, IP and Competition (CIIPC), National Law University, Delhi is inviting applications for the position of Research Programme Coordinator. The position should not be considered as a permanent appointment with the university in any way. The last date to apply is August 12, 2023.

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Contracts Social Media 98

Patent Trademark Blog

FEBRUARY 1, 2023

Instead of promising you a result, we seek to put you in the best position to get your desired results. It’s not simply a matter of searching for exact marks (basic word mark search), which anyone can do. If so, it may be prudent to search for marks that contain variations of those characters.

Trademark 98

Trademark Due Diligence Blogging Settlement 98

Patent Trademark Blog

FEBRUARY 14, 2024

In most cases, there are two different ways to trademark a logo that contains wording: A word mark application to register the wording, also known as standard characters; or A design mark application to register the stylized logo. What are the differences between a word mark and a design mark ?

Trademark 52

Trademark Designs Design Registration 52

Patently-O

APRIL 17, 2024

’ In its amicus brief, INTA takes no position on the ultimate merits but urges the Federal Circuit to narrowly construe Dastar and reject any categorical bar on false advertising claims based on words like “patented,” “proprietary,” or “exclusive.” See Zenith Elecs. Exzec, Inc. , 3d 1340 (Fed.

False Advertising 115

False Advertising Advertising Advertising Patent 115

SpicyIP

NOVEMBER 7, 2022

Pravertna Sulakshya, Rajiv Gandhi National University of Law, Punjab bagged the first position for their essay titled, “An IPR-Kajal for Dupes’ Evil Eye? The Second position was secured by Aditya Subarno, from West Bengal National University of Juridical Sciences, Kolkata for their essay titled “AI Authorship, A Futile Pursuit?

Patent Prosecution 111

Patent Prosecution Invention Journalism IP 111

IP Tech Blog

JANUARY 3, 2024

So for the moment, the position under the UK patent system is that AI is very much a tool rather than an autonomous agent in its own right. The post UK Supreme Court rules on AI and Patent Applications appeared first on Global IP & Technology Law Blog.

Patent Application 62

Patent Application Inventor Patent Invention 62

IP and Legal Filings

JANUARY 29, 2024

The purpose of this Blog is to examine the problems associated with using the current legal system to protect geographical indicators. The issues besetting any collective right further erode the position of the local vendor: when there is disunity within the group, the group as a whole suffers.

Registration 93

Registration Blogging Designs Design 93

Technology & Marketing Law Blog

OCTOBER 18, 2022

The judge used the well-known Spider-Man finger-pointing meme, which I’ve used on the blog before. I am wondering if memes as judicial opinions is a net positive. This meme-slinging opinion author is Judge Mark E. Forman appeared first on Technology & Marketing Law Blog. Forman , 4:22cv106-MW/MAF (N.D.

Blogging 115

Blogging Marketing Marketing Technology 115

Kashishipr

APRIL 27, 2022

The reason why there has been a sharp increase in moving logos being incorporated as trademarks by many companies is that the contemporary market is now innovating new products with sensory and unique experiences to leave a mark on their customers and develop a distinct and novel reputation. The Indian Trademark Law and Motion Marks.

Registration 105

Registration Trademark Branding Brands 105

LexBlog IP

DECEMBER 11, 2023

The Examiner maintained his position and made the refusal to register FOLLOW THE LEADER final. As a result, consumers would not perceive FOLLOW THE LEADER as a mark that identified the source of Black Card’s services.

Registration 52

Registration Artwork Trademark Blogging 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

I agree with Estate of Hemingway ’s premise that ordinary, everyday conversation is not a “work of authorship”; but a formal interview typically has defined boundaries that easily “mark off the utterance in question from the ordinary stream of speech.” Eric’s comment: Prof. As the last sentence indicates, Prof.

Copyright 118

Copyright Blogging Publishing Fair Use 118

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. Discussing the order, Aparajita draws a parallel with the position of AI-generated works and prompts in the Indian Copyright law. The Vagdevi Educational Society and Ors. Triller Inc.

Registration 105

Registration Trademark Copyright Music 105

SpicyIP

FEBRUARY 20, 2023

Last week on the blog we featured posts with nuanced discussions on burning issues surrounding patents, trademarks, and copyright. Here are the quick summaries of the 7 blog posts, along with 12 case summaries and other IP developments. Numeral Marks, Passing off, Trademark Infringement – Delhi High Court’s All-in-One Approach?

Registration 105

Registration Designs Design Trademark 105

SpicyIP

JANUARY 15, 2023

Intellectual property rights statutes i.e. the Copyright Act, 1957, the Patents Act, 1970, the Trade Marks Act, 1999 and the Geographical Indications Act, 1999 are among the laws that are proposed to be amended. The Supreme Court has recently taken a very controversial position on this issue. In Knit Pro International v.

Copyright Infringement 135

Copyright Infringement IP Copyright Intellectual Property 135

Patent Trademark Blog

JULY 11, 2023

Is your mark too similar to a registered trademark? If you came across such pending marks, can you gauge what level of risk is posed by those applications? Which pending marks are allowed and about to register? Instead, your mark is being rejected for being merely descriptive. Need to register a trademark?

Trademark 52

Trademark Registering Trademarks Due Diligence Registration 52

Kluwer Copyright Blog

APRIL 3, 2024

For more details on the first instance decision as a whole, see our prior Kluwer blog post here. By the time of trial, Lidl’s copyright claim was that the CCP Signs infringed the copyright subsisting in the Mark with Text shown below. Accordingly, the Mark with Text was a protectable copyright work as an artistic work.

Copyright Infringement 60

Copyright Infringement Copyright Copying Artistic Work 60

Patent Trademark Blog

JULY 28, 2023

How do you start using your new mark on your goods or services? Instead of throwing a bunch of rules at you, let’s keep things simple by remembering just two requirements: Make sure the goods have been sold and transported ; and Make sure your mark is properly displayed. Second, the mark must be properly displayed.

Trademark 52

Trademark Advertising Advertising Marketing 52

Technology & Marketing Law Blog

JULY 9, 2023

They are often connected with positive communication. As a simple representation of a positive gesture, the sign does not contain anything that would enable the targeted consumer to assign the goods thus identified commercially. appeared first on Technology & Marketing Law Blog. That last sentence was unclear to me.

Registration 82

Registration Trademark IP Advertising 82

Kashishipr

MAY 11, 2022

Other than traditional or conventional trademarks, another category of trademarks exists, known as non-traditional or non-conventional trademarks, including motion marks, sound marks, scent marks, color marks, hologram marks, shape marks, 3D marks, position marks, taste marks, and texture marks.

Trademark Law 105

Trademark Law Trademark Law Branding 105

LexBlog IP

JANUARY 23, 2024

This article was originally published to Seyfarth’s The Blunt Truth blog. Republic Technologies (NA) LLC (“Republic”) filed an application to register the proposed mark 4:20 with the United States Patent and Trademark Office (“USPTO”). Republic is a leading provider of smoking accessories.

Trademark 52

Trademark Blogging Technology Registration 52

The TTABlog

AUGUST 31, 2023

The Board upheld a refusal to register the mark shown below, for video and computer game software, finding that the proposed mark fails to function as a source indicator for the identified goods. Color was not claimed as a feature of the mark. On the webpage, she is briefly described as follows: "Maria is a cryptic character.

Trademark 72

Trademark Social Media Designs Design 72

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. Over the past few years, a sound mark has become widely recognized as a trademark in different industries and markets.

Registration 105

Registration Trademark Intellectual Property Branding 105

Patent Trademark Blog

JULY 12, 2023

Though your legal position may be strong, you might be arguing your points at the wrong time and place. Suppose your trademark application has been rejected for being too similar to registered mark. Instead of focusing on differences between the respective marks, you might consider a consent agreement with the other trademark owner.

Trademark 52

Trademark Registration Registering Trademarks Blogging 52

The IPKat

NOVEMBER 20, 2023

Yet he does not seem to be famous enough to get his name registered as an EU trade mark. The Board of Appeal of EUIPO (‘BoA’) recently confirmed that his application for ‘LEWIS HAMILTON’ conflicts with the well-known watch maker’s trade mark ‘Hamilton’ (case R336/2022-1 ). The Board of Appeal’s decision The BoA dismissed the appeal.

Art 105

Art Branding Brands Branding 105

SpicyIP

AUGUST 7, 2023

Last week was full of exciting discussions on the blog. Bombay High Court to decide whether the Trademark Registry is empowered to carry typographical corrections within registered marks. The defendant’s mark originally was Wow! mark and imposes costs of INR 9,24,000/- on them. The last date to apply is August 12, 2023.

Copyright Infringement 98

Copyright Infringement Trademark Law Copyright 98

Garrigues Blog

NOVEMBER 30, 2023

In the event of a possible opposition by a third party, it is necessary to have sufficient evidence to prove the use of the prior mark with documents that support its presence in the market for real commercial purposes. If it is a national mark, the proof must refer to the country in question. How much evidence do I need to provide?

Trademark 52

Trademark Advertising Advertising Marketing 52

IP and Legal Filings

SEPTEMBER 14, 2023

This blog intends to explore this fine line as well as means to navigate this issue at hand to properly protect and encourage environmentalism and prevent these business giants from misusing trademarks to foster consumer trust. The hypothesis was confirmed, hence popularising the concept of eco-marks among the business giants.

Branding 81

Branding Brands Branding Trademark 81

SpicyIP

FEBRUARY 12, 2024

Don’t forget to check them out on the blog too! Introduced to incorporate the Jan Vishwas Act amendments within the Trade Marks Act, the proposed Rules prescribe an adjudication mechanism to hear complaints alleging false representation of a mark as a registered trademark. Kevin is a second-year law student at NLSIU Bangalore.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

SpicyIP

JANUARY 7, 2024

A bit of background before we delve into more details: On 25 September 2023, in a legal dispute between a German medical equipment manufacturer, VBM Medizintechnik GMBH, and the Indian entity VBM India Co (VBMIC), owned by Geetan Luthra, the German company claimed that Luthra violated their trademark by utilizing the ‘VBM’ mark.

Trademark 59

Trademark Registration Marketing Marketing 59

IP Tech Blog

APRIL 17, 2023

In addition to introducing tighter filing requirements and proof of use to combat trademark theft (see my prior blog ), it is proposing amendments to the process for determination of a trademark’s status as well-known. The draft Article 18 Trademark Law correctly removes the distinction between registered and unregistered well-known marks.

Trademark Law 57

Trademark Law Trademark Law Branding 57

Olartemoure Blog

FEBRUARY 9, 2024

This innovation marked a turning point in pizza convenience, setting the stage for the evolution of frozen pizza. Adjustable size supports positioned between the scissors facilitate the immediate lifting of the slice, ensuring a convenient and even cutting experience. Liu Date of Patent: Apr.

Inventor 105

Inventor Invention Intellectual Property Designs 105

Biswajit Sarkar Copyright Blog

MAY 29, 2023

By selecting a distinctive mark, such as a logo or a catchy slogan, new brands can create a lasting impression on consumers. Protecting Intellectual Property : Trademarks protect the intellectual property rights of new brands by preventing others from using similar marks that could cause confusion or dilution of brand value.

Intellectual Property 52

Intellectual Property Branding Brands Branding 52

IPilogue

OCTOBER 18, 2022

TSR LLC’s position is that they are entitled to own and use both the word marks “TSR” (the name of the original company that published the first iteration of D&D) and “Star Frontiers”, since WOTC allowed registration in these marks to lapse in the 2000s.

Trademark 101

Trademark Trademark Law Intellectual Property Law Publishing 101