Biswajit Sarkar Copyright Blog

DECEMBER 19, 2023

Subsidies offered for Patent and Trademark (in selected categories) registration, encouraging innovation and protecting intellectual property. Registration of MSME Before commencing operations, any micro, small, or medium enterprise has the option to submit a Udyog Aadhaar Memorandum (UAM) in Form-I.

Settlement 52

Settlement Intellectual Property Registration Designs 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

The Lenz case got a lot of press, but it ended with a confidential settlement. This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. The registrant counternoticed each time.

Registration 114

Registration Fair Use Copyright Designs 114

Technology & Marketing Law Blog

AUGUST 30, 2023

The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. It would be accurate to classify this ruling as another trademark owner loss in a competitive keyword advertising case, despite the fact that the trademark appears in the ad copy. That is the most common outcome.

Advertising 88

Advertising Advertising False Advertising Trademark 88

IP and Legal Filings

FEBRUARY 7, 2022

Procedure for registration of Non-Banking financial company with reserve bank of India. Thereafter the applicant company has to apply in hard copy along with the duplicate copy of the online application form to the jurisdictional office of Reserve Bank of India With the given allotment reference number and prescribed documents.

Registration 55

Registration Business Copying Government 55

43(B)log

MARCH 1, 2022

Amount/substantiality: Accepting his allegation that the passage was the heart of the work, the court saw no need to separately address his argument that the separate registration meant that the school district copied the “whole” work. The fact that he extracted settlements from alleged infringers does not a real market make.

Fair Use 90

Fair Use Social Media Licensing Marketing 90

43(B)log

SEPTEMBER 7, 2021

The claim for cancellation of the ‘675 Mark was based on fraud in obtaining the trademark registration and misrepresentation of source, whereas their claim for cancellation of the ’549 and ’077 Marks was based on misrepresentation of source alone.

False Advertising 59

False Advertising Registration Trademark Registering Trademarks 59

TorrentFreak

JULY 13, 2023

Pirate site brands, including 123movies, Putlocker, Kisscartoon, 123movieshub, and GoMovies, were suddenly recognized all over the world, despite in many cases having been copied from ‘pirate’ brands already in existence. Domains offered by Tonic carry no personally identifying WHOIS records.

Branding 87

Branding Brands Branding Registration 87

Copyright Lately

AUGUST 10, 2021

While the judge rejected a number of arguments advanced by the Phillies (including arguments that the defendant committed fraud on the Copyright Office with its initial copyright registration), she ultimately recommended that the Phillies be allowed to continue using the new version of the mascot. 3D Mascot Turnaround of New Phillie Phanatic.

Derivative Work 101

Derivative Work Copyright Settlement Reporting 101

TorrentFreak

APRIL 14, 2023

These require ISPs to charge for the traffic they receive from each other rather than utilize settlement-free peering as they did in the past. Clones Probably Incoming The inevitable response to the closure of a platform as significant as Noonoo TV will be the influx of clone and copy sites.

Reporting 100

Reporting Branding Brands Branding 100

SpicyIP

MARCH 11, 2024

The plaintiff alleged that the defendant’s use of “Café Social” for its restaurant in Chhindwara, Madhya Pradesh infringes its trademark as it copied the “Social” word mark and the plaintiff’s distinctive artwork representing its trademark. Both the parties have registrations over their respective “Karim” and “Kareem” trademarks.

Trademark 59

Trademark Registration Copyright Patent 59

Garrigues Blog

OCTOBER 19, 2021

Successful products and services are likely to have their trademarks copied. Registrations will not prevent others per se from trying to enter the market with similar signs covering similar goods and services: you need to be vigilant and take into account the following ground rules. Enforcement strategy: litigation or agreement?

Trademark 59

Trademark Cease and Desist Registration Litigation 59

TorrentFreak

OCTOBER 4, 2022

A copy from the Wayback Machine also reveals that the photographs of the therapist are drastically different when compared across sites, an indication of a deliberate switch. As the archive copy of the Beyond Boundaries website on the Wayback Machine clearly shows in the footer, the site was created by web design/SEO company i New Media.

Social Media 128

Social Media Copyright Infringement Copyright Copying 128

Copyright Lately

JULY 12, 2021

But the case settled in 2009 on the eve of trial for a cool $5 million – one of the few publicly reported settlements in cases like these. The copyright registrations referenced in the complaint are from various episodes of “Da Ali G Show,” in which Borat first appeared.) A copy of the complaint is below.

Copyright 80

Copyright Advertising Advertising Settlement 80

Technology & Marketing Law Blog

JANUARY 4, 2024

5 at 4 (“[A]ddresses provided on the e-commerce stores indicate that the registrants are in China and other neighboring countries.”). Hyponix requested these documents after Amazon froze its account, but Plaintiff provided only a copy of certain website pages of Hyponix’s product. See ECF No. or April 18, 2023.”

Litigation 80

Litigation Patent Blogging Trademark 80

The IPKat

FEBRUARY 23, 2023

Ltd [2022] EWHC 1895 (Ch) (July 2022) In our last volume , we reported on Samsung being held directly liable as a platform for copied watch faces for Samsung smartwatches. In 2013, Cadbury’s registration for Pantone 2685C was held invalid because its description rendered it void for lack of certainty.

Registration 76

Registration Advertising Advertising Law 76

SpicyIP

MARCH 25, 2024

Kunal Makkar & Anr on 14 March 2024, Delhi High Court Image from here The petition concerned alleged violations of a previous judgment where respondents undertook not to imitate, copy, manufacture, or sell shoes imitative of the petitioner’s designs. Christian Louboutin Sas & Anr v.s

Trademark 52

Trademark Patent Copyright Confidentiality 52

SpicyIP

FEBRUARY 13, 2023

What stands out here is that the Court granted an injunction in favour of the Plaintiff based on earlier registration without considering the non-use of the mark by them. Samsung to pay $150 mn to Nanoco Tech in QLED patent suit settlement. Delhi High Court passes a strongly worded order against entities selling counterfeit products.

Designs 52

Designs Design Trademark Cease and Desist 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the case of Alice Corp v CLS Bank International, the US Supreme Court in 2014 held that claims to a computer-associated technique of mitigating “settlement risk” in various financial transactions were barred from patenting. However, are the blockchain technologies really patentable? Blockchain’s possible application in the world of IP?

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the case of Alice Corp v CLS Bank International, the US Supreme Court in 2014 held that claims to a computer-associated technique of mitigating “settlement risk” in various financial transactions were barred from patenting. However, are the blockchain technologies really patentable? Blockchain’s possible application in the world of IP?

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the case of Alice Corp v CLS Bank International, the US Supreme Court in 2014 held that claims to a computer-associated technique of mitigating “settlement risk” in various financial transactions were barred from patenting. However, are the blockchain technologies really patentable? Blockchain’s possible application in the world of IP?

Technology 52

Technology Patent IP Invention 52

43(B)log

FEBRUARY 24, 2021

Teami ($15 million settlement, all but $1 million suspended), where there were other bad things like fighting cancer claims and also nondisclosure by influencers like Cardi B. Certain procedural requirements: must be able to see & save a copy of the disclosures/contract w/in 15 days, via email receipt for example.

Advertising 40

Advertising Advertising Law Privacy 40

SpicyIP

MAY 20, 2024

The Court ruled that the defendants have tried to slavishly copy the plaintiffs’ trademark by adopting a visually, structurally and phonetically similar trademark. The plaintiff also alleged that the examination of impugned trademarks was faulty, registration should have been denied under Section 11(1)(b) of Trade Marks Act, 1999.

Trademark 45

Trademark Advertising Advertising Copyright 45

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. India currently holds 127 patents for 6G,” says Telecom Minister Ashwini Vaishnaw.

Designs 105

Designs Design Cease and Desist Art 105

The IP Law Blog

MARCH 2, 2021

This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder. When settlement discussions proved fruitless, Romag sued. Reproduced with permission.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

Kluwer Copyright Blog

SEPTEMBER 13, 2023

And over 100 claims were copyright infringement claims where the claimant hadn’t filed for copyright registration of the work allegedly infringed (a prerequisite to filing). For example, 35 claims were trying to pursue cases against foreign respondents, over whom the CCB has no jurisdiction.

Copyright 77

Copyright Litigation Copying Journalism 77

43(B)log

FEBRUARY 4, 2023

Hughes: increasing registrations for women at the © office compared to other metrics where women are disadvantaged—ownership of stock, real property, presence on corporate boards, patent ownership which then translates to being in a startup. Looking at post-1978, 9 th , 2d, and 6 th Cir (Motown) and SCt; copying and use without license.

Copyright 64

Copyright Editing Settlement Music 64

43(B)log

AUGUST 12, 2022

Similarity to Doe defendants—one advantages is plaintiff can use the revelation of identities of defendants as leverage to get settlement, as in the porn/© cases. The Class Action as Licensing and Reform Device Xiyin Tang Google Books settlement was rejected; quasi-legislative provisions were more for Congress. Frank Music v.

Settlement 59

Settlement IP Music Licensing 59

SpicyIP

FEBRUARY 12, 2024

Other Posts A Case of ‘Smart Copying’: ‘Peace Maker’ Restrained from Imitating ‘Officer’s Choice’ image from here Do you enjoy your whiskey? Would you mix up these two labels: Officers Choice and Peace Maker? Well, it appears the courts think most consumers would. “ Vifor International v. MSN Laboratories Pvt.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

LexBlog IP

JULY 21, 2021

It can also mean as the proxy or substitute holder of rights here on earth because no spiritual being will receive a copyright certificate, trademark registrations, or letters patent. courts have denied registration to religious marks as being offensive to other believers or to non-believers. ” But neither the PTO nor U.S.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

43(B)log

FEBRUARY 3, 2023

The claim is authenticity: authorized manufacturers and retailers; they call copies counterfeits. A lot of settlements. Felicia Caponigri, Iconic Copies: Exploring Heritage’s Role in Defining the Origin of Goods or Ideas and its Boundaries How does a design become iconic? Herman Miller litigated even against “Eames style.”

Designs 59

Designs Design Design Patent Branding 59

43(B)log

AUGUST 3, 2023

Musicologists in litigation: (1) identify formal similarities—instrumentation, chord progression; (2) opine on how aesthetically similar/significant those similarities are; (3) opine about the rarity of similar features; (4) opine that copying did or didn’t occur. Mistaken faith in musicology: let’s find an expert to talk about copying.

Music 52

Music Art Copying Licensing 52

43(B)log

FEBRUARY 23, 2024

You can also see it in Tam & Brunetti—little interest in how TM works, the relationship b/t registration and enforcement, even though that’s central to the Lanham Act. Sears/Compco said there was a right to copy things in the public domain; how did that go away? Similar with registration agencies—a firehose coming at them.

Trademark 45

Trademark Law Branding Brands 45

Copyright Lately

OCTOBER 23, 2023

Aside from the good ol’ “things happen” truism and an attack on the validity of Grant’s sound recording registration, Trump’s principal defense in the lawsuit is fair use. Meanwhile, here’s a copy of a heavily redacted excerpt from Donald Trump’s deposition transcript. I don’t know.

Copyright 96

Copyright Fair Use Music Copyright Infringement 96

LexBlog IP

APRIL 20, 2022

After the USPTO denied Elster, consistent with express regulations, registration of the mark because Donald Trump had not consented to the registration, the appellate court vacated that result and ordered that the registration issue. Even if there’s no base for the claim,” Sheeran said.

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52