LexBlog IP

SEPTEMBER 6, 2023

In our previous post, we discussed how a cannabis business can take steps to avoid potential trademark infringement claims. In this release, we will discuss how a cannabis business can use trademarks for brand protection – despite the fact that federal law prohibits filing a cannabis-related trademark.

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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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Biswajit Sarkar Copyright Blog

AUGUST 2, 2022

Assignment has been defined in Section 2(1)(b) of the Trademarks Act, 1999. The assignor or the registered proprietor can assign the trademark for consideration under section 37 of the Act. In the case of registered trademarks, the assignment has to be recorded in the Trademark Registry. Registration of Assignment.

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Garrigues Blog

JANUARY 25, 2023

To register a trademark in Spain, an application must be filed at the Spanish Patents and Trademarks Office (SPTO). How does the registration process work? If everything is correct, the trademark is published in the Official Industrial Property Gazette (BOPI). How long does a Spanish trademark registration last?

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Corsearch

AUGUST 16, 2023

In this short blog we demystify the realms of copyright and trademarks, using the U.S. Copyright and trademarks are key intellectual property rights, each possessing their own unique characteristics to shield your creations from the clutches of bad actors and infringers. Unlike copyright, trademarks are all about the name game.

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Kashishipr

OCTOBER 19, 2022

The Trademark Rights have clearly explained the essentials and attributes of a trademark. A trademark exists in the form of an expression, slogan, or any other sign identifying the services or products of one business and distinguishing them from those of others in the market. Exploring the Essentials of a Good Trademark.

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Kashishipr

OCTOBER 12, 2022

Owning a trademark undoubtedly counts as one of the most valuable and crucial assets for every business company or organization. Hence, it becomes imperative not to stay ignorant about a Trademark Assignment. Moreover, trademark assignment proves to be beneficial for both parties involved. Overview of Trademark Assignment.

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IP Tech Blog

NOVEMBER 25, 2022

a case of first impression in the circuit courts of appeals, the Ninth Circuit held that if a lawsuit will affect a trademark, then a foreign-based defendant may be served either through its designated agent or the Director of the United States Patent and Trademark Office. Jiaxing Micarose Trade Co. , Background.

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JIPL Online

FEBRUARY 26, 2021

If the title sounds familiar, you are part of the reason Booking.com successfully trademarked “Booking.com” while paving the way for owners of similar marks to receive trademark protection. The Decision. Justice Breyer disagreed with the majority’s decision, specifically (1) that placing “.com”

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Garrigues Blog

JULY 10, 2023

The use of a trademark is crucial to preserve the rights in the mark. However, whereas in the US the statement of use is essential to maintain the registration, in the EU, it does not exist. In other words, it could be said that it is the first commandment of trademark law. Let’s take a look.

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Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Many companies exploit renowned person identities without obtaining proper consent, leading intellectual property experts to advocate for the safeguarding of image rights through registration under Intellectual Property laws. An effective solution to address this concern is the formal registration of a celebrity’s name as a trademark.

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LexBlog IP

MARCH 6, 2024

This blog has been cross-posted from Seyfarth’s The Blunt Truth site. Federal trademark registration is typically unavailable for goods and services related to the sale of cannabis. THC also owns a California state trademark registration for its WHAM! trademark on the packaging of its cannabis products.

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IP Tech Blog

FEBRUARY 15, 2023

If a secret is stolen, or the ownership or its proper apportionment are disputed, or if a third party is trying to copy software containing AI algorithms, the right holders must not shy away from taking proper enforcement measures. This will help avoid surprises from the application of unfamiliar Chinese laws and regulations.

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LexBlog IP

DECEMBER 17, 2021

CAFC Affirms TTAB: “BF-7” Registration for Nutritional Supplements Invalid Due to Non-Ownership [link] pic.twitter.com/WC2HjdF4D2. — TTABlog (@TTABlog) December 15, 2021. — USPTO (@uspto) December 17, 2021.

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Garrigues Blog

OCTOBER 26, 2022

The European Union Intellectual Property Office (EUIPO) has issued its guidelines on the classification of goods and services relating to NFTs, establishing the bases to approach the legal challenges resulting from their registration and the scope of protection afforded to owners. The EUIPO’s guidelines as from 2023.

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Patent Trademark Blog

AUGUST 5, 2021

Who should be identified as the applicant in a trademark application? In every trademark application filed with the USPTO , an applicant must be properly identified. This seemingly straightforward question can be somewhat confusing for trademark filers. The applicant is the trademark owner. Not necessarily.

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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? Ownership and Enforcement. Copyright Ownership. The United States.

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azrights

NOVEMBER 3, 2021

You may remember from a previous blog post that Coca Cola had design protection of the bottle shape available as an interim measure while they built associations to the bottle shape through their advertising. In practice, there is a constant interplay between use of identifiers and ownership of them.

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azrights

OCTOBER 18, 2021

I’ll then explain the role of trademarks and why and how to be strategic with them. The ideal is to secure a trademark over the brand identifiers you’re using because trademarks lock competitors out from using similar identifiers that might create confusion as to the source or origin of products and services of a brand.

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43(B)log

FEBRUARY 16, 2023

22, 2022) This is a super messy case with a lot going on; I’m going to blog about it mainly to highlight a new thing you can apparently do with a trademark application , which is use it on non-Amazon platforms to gain advantages. But (see below) Jones didn’t plead trademark infringement [would fraud on the PTO have worked?

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IPilogue

MARCH 28, 2023

On November 14 2022, the United States Court of Appeals for the Ninth Circuit ruled in San Antonio Winery Inc v Jiaxing Micarose Trade Co Ltd (“ Jiaxing ”) that foreign parties to a trademark infringement complaint can be served by trademark owners within the U.S. The provision states that if the trademark applicant is not in the U.S.,

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Biswajit Sarkar Copyright Blog

NOVEMBER 22, 2021

All companies ensure that their domain names co-relate with their respective trademarks. It helps the consumer correlate and identify the company based on their trademark. The domain registration agreement incorporates the policy. The disputes should deal with the registration of a domain name. Cybersquatting.

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Kashishipr

APRIL 13, 2022

With the Metaverse and Non-Fungible Tokens (NFTs) being the common buzzwords as of late, the USPTO (US Patent & Trademark Office) has been experiencing a significant rise in the number of Trademark Applications filed in the virtual sphere to safeguard the products and services.

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JIPEL Copyright Blog

MARCH 16, 2022

The new gems being mined are the non-fungible tokens (NFTs), which are already at the center of several trademark battles. Although brands cannot afford a trial-and-error strategy, it is most likely that they will better understand how to properly enforce their trademark rights in this new virtual world as initial lawsuits run their course.

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Kashishipr

AUGUST 17, 2022

Here are a few reasons why content creators and social media influencers should consider registering their IP: IP registration helps establish ownership of the IP assets, which, in turn, helps enforce rights in the scenario of a legal dispute. How to Ensure Compliance with IP? Final Thoughts.

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Technology & Marketing Law Blog

FEBRUARY 17, 2022

In my prior blog post, I wrote: this lawsuit could be an example of emoji trolling. Apple really should rethink its enthusiasm for individual copyright registrations for emojis, because that legal position spurs claims like this one. Some Related Blog Posts. GmbH as a Possible Trademark Troll.

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Biswajit Sarkar Copyright Blog

OCTOBER 21, 2021

In India, the registration of trade mark is valid for 10 years. The registered proprietor can renew the trade mark for 10 years either from the date of registration or from the date of last renewal by paying the renewal fees. The due date of renewal is considered from the date of registration or from the last renewal date.

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Kashishipr

FEBRUARY 16, 2022

Any form of Intellectual Property (IP) , be it a trademark, patent, or copyright, can be licensed to third parties. Through IP licensing, IP rights holders grant third parties the exclusive right to use their IP while retaining their ownership. appeared first on Blog | Kashish IPR | Intellectual Property Rights Law Firm.

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Kashishipr

NOVEMBER 17, 2021

An assignment is, in spirit, a transfer of ownership, even if it is partial. It means that only the owner of the copyright can transfer the ownership of the copyright to a third party. It would help in retaining ownership, thereby licensing only certain rights to another party. What is an Assignment of Copyright?

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Intepat

APRIL 18, 2022

The copyright registration certificate will be valid proof against the infringer, and the creator can use it as prima facie evidence and claim damages. A creator may find several competitors once he succeeds in his work, and there are several chances for competitors to access and claim ownership of the original work.

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Kashishipr

JUNE 3, 2021

As embodied in the Internal Revenue Code, IRS regulations, and case laws, IP includes patents, trademarks, copyright, trade secrets, know-how, and computer software. The same serves as a disincentive to transferring ownership of IP outside the US. The United States of America. For purposes of the US tax law, IP can take many forms.

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Biswajit Sarkar Copyright Blog

MAY 30, 2022

Although in principle, a NFT of a trademark or any work in public domain can be created. For instance, a seller could offer to turn the token into an actual transfer of copyright ownership of the original work. The post Non-Fungible Tokens (NFT) and Copyright appeared first on Biswajit Sarkar Blog.

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Technology & Marketing Law Blog

APRIL 29, 2023

” Most of the opinion discusses the trademark implications of Ripps’ rival NFT collection. With that framing, trademark law protects against the unwanted competition, and the court treats this as an easy rightsowner win. Of the efficacious four, three were based exclusively on trademark rights, not copyright.

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IPilogue

DECEMBER 16, 2021

Gucci has been trademarking as a fashion brand since the 1980s , garnering over one hundred registered marks. In addition to registrations for the word Gucci, the brand has several design marks such as its renowned interlocking double Gs. Therefore, the family has no legal control or stake in the Gucci name as a brand.

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IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Copyright Ownership of Movies and Films in Canada: Who’s on First? Introducing the College of Patent Agents & Trademark Agents. Trademark Law. Parody in Trademarks is No Joke.

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Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

These rights provide exclusive ownership and control over intangible assets, allowing creators to protect their innovations from unauthorised use, reproduction, or distribution. These rights encompass various forms of intangible assets, including patents, trademarks, copyrights, and trade secrets.

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azrights

OCTOBER 27, 2021

For example, the law won’t generally stop copying of ideas or business models or colours of other brands unless these are trademarked. Therefore, legal protection needs to be an uppermost consideration when choosing or changing brand codes because legal ownership is fundamental to effective protection of uniqueness of a brand’s identifiers.

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