Technology & Marketing Law Blog

NOVEMBER 27, 2023

The United States Patent and Trademark Office (USPTO) refused registration of “Trump Too Small” under Section 2(c) of the Lanham Act ( 15 USC 1052(c) ) because the phrase includes a living individual’s name without his written consent. Tam (2017) and Iancu v. The text of Section 2(c) is viewpoint-neutral.

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Registration Trademark Blogging Law 74

Technology & Marketing Law Blog

MARCH 15, 2022

Fuxi, the putative copyright owner, has a registration for an image of printed sage leaves (the left image): The alleged infringer, the Sunny Factory, sells the candles on the right on Amazon. ” Copyright owners don’t have any policing duty. See, e.g., Petrella v. Metro-Goldwyn-Mayer, Inc. , Implications.

Copyright 128

Copyright Fair Use Cease and Desist Litigation 128

IP Intelligence

JUNE 20, 2023

Some trademark registrants appear to not have searched for prior trademark users whose rights in the U.S. are based on use, not registration. Just because you have a trademark registration to get into a brand registry program doesn’t mean you have the right to trump prior common law users. common law trademark rights.

Cease and Desist 52

Cease and Desist Law Registering Trademarks Branding 52

The IPKat

APRIL 27, 2024

Analysis of these cases often raises questions about the conditions for protection under copyright and design law, and even about the concept of cumulative protection. On 7 May 2021, ROSAE PARIS unsuccessfully sent a cease-and-desist letter to SEVEN AUGUST. The court then analysed the copyright infringement.

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Cease and Desist Designs Design Copyright Infringement 67

The IPKat

DECEMBER 14, 2023

Yesterday, it was all about key developments in the copyright field in the Africa IP Highlights 2023 – the result of collaboration between myself and several IP practitioners and researchers across Africa: Clarisse Mideva ; Rita Chindah ; and Jessie Mgonga. Should it not be the chant that may be copyright-protected as a musical work?]

IP 83

IP Service Mark Cease and Desist Registration 83

Fish & Richardson Trademark & Copyright Thoughts

MAY 10, 2022

The first case deals with the Commission’s issuance of a limited exclusion order and cease-and-desist order in Certain In Vitro Fertilization Products, Components Thereof, and Products Containing the Same (Inv. Trademark Registrations. [1] 337-TA-1196). 337-TA-1196). Complaint, at 1. Int’l Trade Comm’n , 598 F.3d

Cease and Desist 52

Cease and Desist Registration Patent Trademark 52

Patently-O

JULY 20, 2023

2023) The Timberland Boot trade dress case is pending before the Fourth Circuit, raising some interesting questions about the role of product trade dress vs design patents vs copyright vs utility patents. The proposed registration filings focused on iconic elements of the boot, including the silhouette features shown above.

Designs 74

Designs Design Cease and Desist Design Patent 74

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Section 9(1) (c) of the Trademark Act, 1999 prohibits the registration of words used commonly. They can only get the protection under the trademark law and get trademark registration when they build a reputation of the specific products and services they deal with. It takes years for them to get registration.

Business 52

Business Trademark Registration Cease and Desist 52

Canadian Intellectual Property Blog

OCTOBER 28, 2020

With the ever-increasing presence of social media, including websites like YouTube where content can generate income, copyright infringement is escalating at alarming rates. Unfortunately, it is no secret that the cost of enforcing copyright through the courts is expensive.

Social Media 52

Social Media Copyright Cease and Desist Copyright Infringement 52

The TTABlog

JULY 29, 2021

In a case decided under the TTAB's ACR regime, the Board granted a petition for cancellation of Nema Foods' twenty-year old registration for the mark SEYIDOGLU (in standard form) for various food items, finding that the mark falsely suggests a connection with Petitioner, a major manufacturer of food products, including Turkish desserts and jams.

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Registration Cease and Desist Ownership Advertising 52

The IPKat

JULY 9, 2023

This is a review of “ Copyright in the street. As its title suggests, this book focuses on the relationship between US copyright law and street art and graffiti. This book should not be perceived as a classic manual on the application of copyright to these art forms.

Art 57

Art Copyright Moral Rights Cease and Desist 57

TorrentFreak

AUGUST 21, 2021

Last year his Area 51 service was shut down following a cease-and-desist issued by the Alliance For Creativity and Entertainment (ACE). This could lead to unquantifiable customer confusion and an overall diminution of value of the Copyrighted Works. Early July in a California court, Warner Bros., ” Terms of the Injunction.

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Cease and Desist Settlement Copyright Infringement Copyright 145

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Copyrights: Copyrights protect original works of authorship such as software codes, artistic creations, literature, music, films, etc. Startups can secure copyrights to prevent unauthorized copying or distribution of their creative works. This exclusivity encourages investment and incentivizes further research and development.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

The TTABlog

AUGUST 15, 2022

In an exhaustive and exhausting opinion, the Board granted petitions to cancel two registration for the mark OLD SCHOOL for various clothing items, on the ground of abandonment. The Board found that the registrant, despite claiming attempts to sell or license the mark, had discontinued use of the mark with an intent not to resume use.

Registration 52

Registration Cease and Desist Branding Brands 52

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. After compiling a list of those IP assets, the next step would be to review what the company is using and compare that to the list of registered or pending IP.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Technology & Marketing Law Blog

APRIL 29, 2023

Of the efficacious four, three were based exclusively on trademark rights, not copyright. The court says those aren’t DMCA takedown notices by definition, because they didn’t assert any copyright interests; so they are outside 512(f)’s scope. Because the other 21 didn’t have any effect, the court ignores those.

Fair Use 98

Fair Use Cease and Desist Copyright Trademark 98

TorrentFreak

FEBRUARY 8, 2023

While NFTs don’t grant copyrights, NFT owners are ‘rights’ holders in a sense, although the specifics may vary from project to project based on the fine print. In the past, major copyright holders have fiercely resisted novel technologies. Government is taking these issues seriously.

Non-Fungible Tokens 94

Non-Fungible Tokens Cease and Desist Intellectual Property Law Copying 94

Technology & Marketing Law Blog

DECEMBER 15, 2021

A refresher: in 1998, Congress created a notice-and-takedown scheme for user-submitted items that allegedly infringe copyright. Copyright owners send takedown notices, and service providers either remove the items or lose the safe harbor. The DMCA’s main counterbalance to copyright owner overreach was supposed to be 512(f).

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Registration Fair Use Copyright Designs 112

Technology & Marketing Law Blog

MARCH 6, 2022

Babybus runs a competitive channel that Moonbug believes infringes its copyrights. An example: Moonbug submitted takedown notices to YouTube covering at least 70 videos and sued Babybus for copyright infringement. Canning. * 17 USC 512(f) Preempts State Law Claims Over Bogus Copyright Takedown Notices–Amaretto v.

Fair Use 97

Fair Use Cease and Desist Copying Copyright Infringement 97

SpicyIP

MARCH 27, 2023

Other posts IP Financing in India – Part I: Perfection of Security and (Non) Registration of Copyright Despite the increasing importance of intellectual property in the modern economy, there is a surprising lack of attention given to IP financing in India. MSM Discovery Pvt.

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Designs Design Cease and Desist Art 105

Intepat

MAY 28, 2024

Prior Registration and Use: Apple Inc. has a history of prior registration and extensive use of its trademark in India, which further solidifies its distinctiveness and exclusivity in the market. Non-generic Use: The term “Apple” is not generic when used in connection with electronic devices and related services.

Trademark 52

Trademark Intellectual Property Branding Brands 52

Technology & Marketing Law Blog

AUGUST 18, 2022

The Copyright Office registered this work: The registration makes sense with the landscape backgrounds. Court Mistakenly Thinks Copyright Owners Have a Duty to Police Infringement–Sunny Factory v. Canning. * 17 USC 512(f) Preempts State Law Claims Over Bogus Copyright Takedown Notices–Amaretto v. The Lower Court Ruling.

Fair Use 104

Fair Use Cease and Desist Copyright Blogging 104

Patent Trademark Blog

JANUARY 18, 2024

Me-too products may be better off with simply trademark registration. Copyright registration might be an option if your product contains sufficiently original features that are nonfunctional. A cease-and-desist letter may be an option, but it comes with certain risks.

Design Patent 52

Design Patent Patent Cease and Desist Designs 52

Selvam & Selvam Blog

MARCH 28, 2022

Such groundless threats are commonly achieved by sending cease and desist letters or legal notices threatening the recipient with legal proceedings. opposed the registration of a logo of pear by Prepear for being similar to its Apple logo. A widely discussed example was when Apple Inc.,

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Cease and Desist Trademark Due Diligence Intellectual Property 40

Technology & Marketing Law Blog

MAY 30, 2022

Recently, a district court in the same circuit took up a very similar issue, assessing Viacom’s trademark and copyright infringement claims against the owner and operator of a pop-up restaurant and bar called The Rusty Krab.

Blogging 92

Blogging Social Media Television Fair Use 92

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.”.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

LexBlog IP

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. After compiling a list of those IP assets, the next step would be to review what the company is using and compare that to the list of registered or pending IP.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

Biswajit Sarkar Copyright Blog

AUGUST 9, 2022

We recommend hiring the services of an IP attorney who will help find the right name and guide you throughout the trademark registration process. Further, using legal assistance and adopting traditional enforcement strategies like a cease and desist notice may also help enforce trademark rights. Protecting brands.

Branding 52

Branding Brands Branding Social Media 52

SpicyIP

DECEMBER 24, 2023

From an in-depth discussion on the terms of copyright and translations in India to the recent UK Supreme Court’s order regarding the patentability of inventions by an AI, we had some engaging posts on this blog this week. To read these, along with a round up of IP developments around the country, and world, read on below. Inventprise Inc.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

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.”. How do I get a Copyright?

Intellectual Property 52

Intellectual Property IP Invention Designs 52

The TTABlog

JUNE 17, 2021

Finding that Petitioner failed to demonstrate its entitlement to maintain its genericness claim (f/k/a standing), the Board tossed out this petition for cancellation of two registrations for the mark ADVENTIST for religious publications, film production and distribution, educational services, and religious and missionary services.

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Cease and Desist Registration Trademark Ownership 52

SpicyIP

MAY 15, 2023

The series presently contains 50+ Copyright related empirical studies and 50+ Patent related empirical studies published over the period of the last 15 years, and this will continue to be expanded over time. Since the petitioner has priority over both registration and the user of the said trademark, the court, thus, ordered the Ld.

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Trademark Registration Cease and Desist IP 104

Kashishipr

JULY 21, 2021

Proof of IP Ownership – IP Registration Certificate or Copyright Recordal Certificate is necessary. Takedown notices, cease and desist notices, etc., Webpage Links – The exact links to the web pages of the infringing listings and details of the listings that you require to be removed.

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Branding Brands Branding Cease and Desist 105

The IPKat

JANUARY 6, 2022

In my view the judgment is controversial and arguably misses the bigger picture, including the cumulative impact of more and more broadly drafted registrations on the practice of trade marks. The same could also apply to a company registration. SkyKick has said it would appeal – again – this time to the UK Supreme Court.

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Registration Cease and Desist Branding Brands 96

SpicyIP

FEBRUARY 13, 2023

Highlights of the Week The Copyright Quandary regarding the Delhi High Court Rules on Live-streaming of Court Proceedings Recently Delhi High Court came up with ‘Live Streaming and Recording of Court Proceedings Rules’ which would be a positive step towards assuring better access to law and transparency.

Designs 52

Designs Design Trademark Cease and Desist 52

IP Whiteboard

JUNE 7, 2021

Digital works which are the subject of NFTs will often incorporate copyright material. Copyright is a bundle of exclusive rights that protects original expression if that expression is in a material or tangible form. Multiple pieces of copyright material may exist in a single digital work.

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Non-Fungible Tokens IP Cease and Desist Ownership 40

IIPRD

JANUARY 23, 2023

In matters of trade, Trademark, copyright and Patent act as building blocks of protection measures while conferring exclusive right over goods/services for the holder. 8] Cease and desist letters are also measures to tackle such infringement wherein the seller is demanded to stop the sale of the product and never sell it again.

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Patent Infringement Patent Cease and Desist IP 52