Biswajit Sarkar Copyright Blog

JANUARY 10, 2023

What is a registration of trademark? Trademark registration is not a mandate under the Indian trademark law, however it is advisable to go for a registration for certain reasons. Under Section 31 , the registration certificate of the trademark serves as an evidence during infringement lawsuits.

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Registration Trademark Reporting Trademark Law 52

The IPKat

MAY 3, 2023

Rebekah Vardy, wife of football player Jamie Vardy , has managed to secure registration of WAGATHA CHRISTIE for a wide range of goods and services. Mrs. Vardy did not even come up with the term (the coiner of the phrase was comedian Dan Atkinson ), but he concedes that there is no copyright in the term. Why is this noteworthy?

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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

Garrigues Blog

NOVEMBER 24, 2022

The EUIPO Board of Appeal has declared the validity of a trademark containing the well known work of the graffiti artist Banksy ‘ Laugh Now But One Day We’ll Be In Charge ’, having deemed that it was not registered in bad faith. It concludes that the trademark has distinctive character and is not descriptive.

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Registration Trademark Art Blogging 52

Garrigues Blog

NOVEMBER 22, 2022

The EUIPO Board of Appeal has declared the validity of a trademark containing the well known work of the graffiti artist Banksy ‘ Laugh Now But One Day We’ll Be In Charge ’, having deemed that it was not registered in bad faith. It concludes that the trademark has distinctive character and is not descriptive.

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Registration Trademark Art Blogging 52

Plagiarism Today

OCTOBER 24, 2022

But, before I go, I wanted to leave you with five tales of how copyright has shaped Halloween that I’ve written over the years. 1: How a Copyright Mistake Created the Modern Zombie. When the film was released, the print was missing a copyright notice. 2: Dracula vs. Nosferatu: A True Copyright Horror Story.

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Biswajit Sarkar Copyright Blog

JULY 30, 2022

Besides traditional trademarks that include device, brand, heading, label, name, there is a new category of modern marks that are protected in some countries which are known as non-traditional or unconventional trademarks. Types of Unconventional Trademarks. Challenges to Registration.

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Registration Trademark Branding Brands 52

IP Law 360

JANUARY 2, 2023

Copyright and trademark attorneys this year will be keeping an eye on intellectual property agencies' joint study on non-fungible tokens, developments involving artificial intelligence, as well as a Trademark Modernization Act provision that could speed up the trademark registration process.

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Erik K Pelton

OCTOBER 28, 2022

The following is an edited transcript of my video Trademark Protection for Bands and Musicians. Just like any other brand, the music industry brands can strongly benefit from trademark protection. But for the vast majority of musicians and bands, an album name or a song name falls more under copyright protection.

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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. Do you need to register your copyright?

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LexBlog IP

JANUARY 31, 2024

In the United States, an original work of authorship fixed in a tangible medium of expression (meaning the work can be communicated in a visual or audio form) is a protectable copyright. Because copyright protection has a set term, copyrights in certain works necessarily expire each year and enter the public domain.

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Public Domain Trademark Copyright False Advertising 52

LexBlog IP

DECEMBER 26, 2023

The legal world is buzzing about AI and its use for all kinds of things, including generating logos, text, and other things people would normally want to register for copyright or trademark protection. Well, they’re right, I can apply, but registration surely won’t be granted. Can you use it in the ways you want to?

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Designs Design Trademark Copyright 52

Patent Trademark Blog

FEBRUARY 26, 2024

Let’s look at how you should protect and trademark your clothing lines. Contact US patent and trademark attorney Vic Lin at 949-223-9623 or email vlin@icaplaw.com to explore how we can register your clothing brand’s trademarks, patents and copyrights. But how do you show a trademark on clothing?

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Branding Brands Branding Trademark 52

Erik K Pelton

DECEMBER 20, 2022

The year saw many trademark stories in the news as backlogs continued at the USPTO even while application filing numbers dropped from their all time highs during the two previous years. Here are the biggest trademark stories of 2022 that we have been following at EMP&A. Celebrity trademark messes. Queen of Christmas.

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Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

CopyrightsWorld

MARCH 1, 2021

Here is what you should know getting started: A logo can be protected by both copyright and trademark, depending on how it is used. A logo copyright protects a creative design or an expression of an idea, while a logo trademark protects things that identify a business on the marketplace. Copyright © vs. Trademark ®.

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IP Law 360

JANUARY 3, 2022

Copyright and trademark attorneys will have plenty to monitor in 2022, including changes to the standard for injunctive relief in trademark infringement cases, new procedures to challenge trademark registrations at the U.S.

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Trademark Copyright Registration Patent 75

The IPKat

APRIL 30, 2024

Should the EU unify copyright laws? The session started with the highly disputed topic of copyright unification with Prof. see Katpost here ) When finally addressing the question, "Should the EU unify copyright laws?" the PermaKat stated loud and clear, and I quote: “The short answer is: yes!

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Reporting Copyright Public Domain Law 62

JD Supra Law

JANUARY 26, 2023

2022 was another big year for interesting trademark and copyright cases and developments. Over the past year there were cases involving a variety of important issues, including the First Amendment, fair use, non-fungible tokens (NFTs), extraterritorial rights of the Lanham Act, copyright registration errors, data scraping, and more.

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Non-Fungible Tokens Trademark Copyright Fair Use 55

Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). Proposals to use NFTs to replace or supplement copyright recordkeeping did not demonstrate added value.

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Reporting Non-Fungible Tokens IP Intellectual Property 130

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Defining Trademark A “trademark” is a mark which is used for a commercial purpose. How do trademarks function? Trademarks reduces the chance of confusion: Trademarks helps in preventing confusion in the minds of consumers by indicating the source and quality of the product, they are intending to use.

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TraskBritt Intellectual Property

MARCH 18, 2021

Intellectual property law includes patents, trademarks, copyrights, and trade secrets and is an important consideration for any new business. This article will address trademarks and copyrights, but the law firm of TraskBritt can assist with any intellectual property law needs. What Does a Copyright Protect?

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Trademark Copyright Intellectual Property Intellectual Property Law 52

TorrentFreak

NOVEMBER 30, 2023

That included those whose names appeared in public WHOIS databases as registrants or owners of domains. In an August 2023 joint submission to the United States Patent and Trademark Office (USPTO), Hollywood, the recording industry, TV companies, the gaming industry and publishers left little doubt that patience had run out.

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The TTABlog

OCTOBER 12, 2023

The Franklin Pierce Center for Intellectual Property at the University of New Hampshire Franklin Pierce School of Law invites you for its upcoming trademark law symposium, "Section Two Small: Exploring the New Constitutional Limits on Trademark Law" on Friday, November 3, 2023.The Registration here. Text Copyright John L.

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The TTABlog

OCTOBER 20, 2023

In a non-precedential ruling, the CAFC affirmed the TTAB's decision [ TTABlogged here ], granting a petition for cancellation of a registration for the mark CAPTAIN CANNABIS for comic books, on the ground of likelihood of confusion with Petitioner Laverne J. Actually, registrations are cancelled, not marks - ed. Text Copyright John L.

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The TTABlog

MARCH 17, 2024

The Board granted a petition for cancellation of a registration for the mark VIPER SPORTS for "“batting gloves; baseball batting gloves," finding confusion likely with the common law mark VIPER for batting gloves. See Trademark Rule 2.122(e)(2), 37 C.F.R. TTABlogger comment: xxxxxxxxxxxxxxx Text Copyright John L. 2.122(e)(2).

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IP and Legal Filings

OCTOBER 30, 2023

Hence, it is no wonder that the battle for ownership of her trademark is also highly sought after. Barbie’s unique corporate identity, which includes its name, logo, and slogan, has always been carefully protected by trademarks thanks to Mattel’s vigilance.

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JD Supra Law

JANUARY 4, 2024

As we ring in 2024, sip some champagne and make a resolution to check in on your trademark portfolio more often. Do your registrations cover your reality? By: Foley Hoag LLP - Trademark, Copyright & It misses you! Here are a few productive questions to ask: 1.

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Trademark Branding Brands Branding 73

Biswajit Sarkar Copyright Blog

OCTOBER 4, 2023

The design was granted registration by the Controller General of Patents, Designs and Trademarks, Kolkata. The post Indian Navy Obtains Registration for New Mask Design appeared first on Biswajit Sarkar Blog. The design number is 360313-00.

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Patent Trademark Blog

JULY 13, 2023

Can you copyright product designs and shapes? In addition to patents and trademarks, copyright registrations can be valuable in protecting certain products. Trademark protection for product shapes can be particularly challenging. Need to copyright your product? Can you copyright 2-dimensional design?

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Designs Design Copyright Artwork 52

IPilogue

FEBRUARY 16, 2023

On November 7, 2018, Pest Control, Banksy’s authentication body, filed an EU trademark claim on behalf of the artist for Laugh Now. Typically, artists protect their artwork using only copyright law. However, artists are required to reveal their identity when claiming copyright infringement. street artist Banksy.

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Trademark and Copyright Law Blog

JANUARY 3, 2024

As we ring in 2024, sip some champagne and make a resolution to check in on your trademark portfolio more often. Here are a few productive questions to ask: Do your registrations cover your reality? Or perhaps your business has expanded or evolved, and the scope of your registrations ignores some now-crucial products or services.

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Trademark Registration Branding Brands 52

JD Supra Law

APRIL 7, 2022

In December, 2021, the Trademark Modernization Act (“TMA”) and the Copyright Alternative in Small-Claims Enforcement Act (“CASE Act”) went into effect.

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Trademark Copyright Registration 52

LexBlog IP

AUGUST 17, 2023

Trademark registration. A name is words, so why doesn’t copyright apply? Trademarks are for business names, slogans, logos, product names, and some types of product packaging. Essentially, trademarks are for the things that identify the brand or that a product or service is being offered by a particular brand.

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JD Supra Law

MAY 26, 2022

A considerable amount of trademarks may also be protected by Chinese Copyright Law, when they meet the requirements of “work”. And the protection to works is NOT limited by the classification of goods, so claiming prior copyright has its advantages in trademark opposition and invalidation cases.

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Trademark Copyright Copyright Law Registration 73

Intepat

MAY 28, 2024

Trademark dilution is like death by a thousand cuts, and it is crucial to prevent the first cut. Apple’s smart business strategies have successfully upheld the validity of its trademark, preventing it from being diluted. Notably, Apple trademarked its store design in the United States in 2011.

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Trademark Intellectual Property Branding Brands 52

The TTABlog

APRIL 30, 2024

In another precedential procedural ruling, the Board held that, because a registration expires by law as of its sixth anniversary if a Section 8 declaration is not filed before the expiration of the six-month grace period, a petition for cancellation filed during the grace period is deemed moot and judgment cannot be entered against the respondent.

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IP and Legal Filings

OCTOBER 30, 2022

trademark and patent registrations will not protect rights holders’ IP in the Philippines. There is no such thing as an “international copyright” that will automatically protect an author’s writings throughout the world. A trademark applicant may be a natural or juridical person. For example, U.S. Image Source: iStock].

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