43(B)log

DECEMBER 6, 2023

Hy-Vee counterclaimed for declaratory judgment that Williams’s copyright registration certificate for the mural is invalid because Williams knowingly provided inaccurate information to the Register of Copyrights when he filed his copyright registration application. Thus, VARA’s attribution right did not apply to the commercial.

Ownership 69

Ownership Contracts Copyright Registration 69

43(B)log

AUGUST 11, 2022

A business code communicating within a community designed to be closed. So if you bring kids up speaking this language, you will definitely have lost control.] Compare: TM registration, FACK JU G Ö HTE—courts finally said that freedom of expression operates in registration as well. It didn’t develop organically.

Ownership 80

Ownership Moral Rights Copyright Branding 80

LexBlog IP

JANUARY 10, 2024

That then plays off the rest of the title’s allusions to separating “subjects” from the “predicates” of copyright ownership, themselves words connoting the foundational elements of both “ any complete sentence ” and at times a court’s jurisdiction over infringement matters. ’” Id.

Ownership 52

Ownership Copyright Government Intellectual Property 52

43(B)log

JANUARY 18, 2022

This seems wrong to me—like holding a skateboard nonfunctional because you can also use roller skates if you want personal wheels, or the Dippin’ Dots ice cream configuration nonfunctional because one can eat regular ice cream instead—but does provide a nice illustration of the importance of market definition to functionality determinations.

Registration 45

Registration Ownership Social Media Marketing 45

LexBlog IP

AUGUST 14, 2023

The CTA exempts twenty-three (23) categories of entities from the definition of “reporting company” and empowers FinCEN to create new exemptions. Exempted entities include the following, which each have detailed definitions: Large operating companies — companies with 20 or more full-time U.S. Are There Any Exemptions?

Business 52

Business Ownership Reporting Registration 52

The IPKat

SEPTEMBER 22, 2023

Part One: In this introductory part, the authors carefully laid out definitions and conceptual clarifications of the subject matter of IP. The authors succeeded in simplifying issues that seems typically complex especially for newcomers in the IP field: copyright authorship, ownership and protection.

Intellectual Property Law 80

Intellectual Property Law Intellectual Property Law Registration 80

Intepat

SEPTEMBER 15, 2023

This burgeoning genre is not only pushing the boundaries of artistic expression but also challenging the established norms of copyright ownership. This blog post embarks on a comprehensive journey to unravel the complex issue of copyright ownership in AI-generated art. Copyright laws are designed to safeguard the rights of creators.

Art 105

Art Copyright Ownership Non-Fungible Tokens 105

43(B)log

JULY 20, 2022

CC has a recent trademark registration for a design mark “consist[ing] of the stylized wording ‘COLOR COPPER.COM”, [with] a diamond shape between the wording ‘COLOR’ and ‘COPPER’ made up of four smaller diamonds, each diamond having a pattern inside of it,” COPPER.COM disclaimed. There’s a similar copyright registration for this site.

False Advertising 72

False Advertising Ownership Registration Designs 72

The TTABlog

APRIL 6, 2022

Applicant ADOL sought registration of the marks SKËNDERBEU and GJERGJ KASTRIOTI SKËNDERBEU (Stylized) for "beverages from wine distillates, namely, brandy and grape brandy." Fraud: Illyrian alleged that ADOL committed fraud by falsely claiming ownership of the subject marks. See also Chem. Conmar Form Sys., See In re Bose Corp.,

Ownership 52

Ownership Registration Trademark Contracts 52

IP Tech Blog

NOVEMBER 25, 2022

This requires translating the complaint and related documents, delivering them to the foreign country’s designated “Central Authority,” and then waiting for that Central Authority to actually deliver the documents and confirm delivery to the plaintiff. These costs and delays often dissuade plaintiffs from ever bringing well-based claims.

Trademark 57

Trademark Registration Designs Design 57

SpicyIP

MAY 18, 2022

The Indian Trade Marks Registry is also seeing activity under classes 9, 35 and 41 for registration of trademarks in relation to ‘downloadable virtual goods’ and online virtual services. The definition of these terms is unclear.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

IPilogue

DECEMBER 16, 2021

In addition to registrations for the word Gucci, the brand has several design marks such as its renowned interlocking double Gs. Since the movie’s purpose is to detail Gucci’s ownership of the brand, there is little possibility that audiences would get confused as to who owns the ‘House of Gucci.’

Branding 110

Branding Brands Branding Trademark 110

LexBlog IP

NOVEMBER 25, 2022

This requires translating the complaint and related documents, delivering them to the foreign country’s designated “Central Authority,” and then waiting for that Central Authority to actually deliver the documents and confirm delivery to the plaintiff. Jiaxing Micarose Trade Co. , § 1051(e).

Trademark 52

Trademark Registration Designs Design 52

IP and Legal Filings

JULY 5, 2023

Introduction Trademarks are recognised phrases, words, or symbols that designate a certain item and lawfully distinguish it from all other items of the same type. Conduct a good search of the mark and phonetic sound before filing for trademark registration to coin a distinctive trademark. Avoid well-known brands.

Trademark 59

Trademark Registration Branding Brands 59

Copyright Lately

AUGUST 10, 2021

Last year, I wrote about an epic copyright battle between the Philadelphia Phillies and the original creators of the Phillie Phanatic over ownership rights in the beloved baseball mascot. H/E), a creative design firm, which in 1984 assigned the copyright in the mascot for a term of “forever.” But questions still remain.

Derivative Work 101

Derivative Work Copyright Settlement Reporting 101

43(B)log

AUGUST 3, 2023

Dustin Marlan, Trademark Disclosure TM registration requires disclosures just as patent does: undertheorized. The TM bargain: registration can be made in a form prescribed by the Director, so there’s some statutory flexibility if we think policy justifies it. Should TM registration be w/o much examination?

Registration 52

Registration False Advertising Advertising Advertising 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Third, is Trump’s claim of ownership barred by 17 U.S.C. Fourth, if not, can Trump circumvent the registration requirement by seeking a declaratory judgment, or will he have to comply with the registration requirement? Finally, it is the practice of the Copyright Office to accept interviews for registration. “An

Copyright 120

Copyright Blogging Publishing Fair Use 120

Patent Trademark Blog

MARCH 18, 2022

As long as the owner continues to sell products or services under a particular mark, then trademark rights do not have a definite expiration date. Failure to renew a trademark registration can lead to a canceled registration, but the owner may still have common law rights by continually using the mark. How much does IP cost?

Intellectual Property 52

Intellectual Property IP Confidentiality Patent Application 52

43(B)log

JUNE 24, 2022

But there is an assumption that registration = minimal distinctiveness unless validity is questioned. PTO very occasionally recognizes this—weave pattern for Bottega Veneta, looked at the definition of the mark and said no one would notice the millimeter width of the weave. It’s text and not design so we don’t call it ornamentality.

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

CopyrightsWorld

APRIL 29, 2022

On November 3rd, 2018, Thaler filed a copyright application for A Recent Entrance to Paradise, designating himself as the claimant and the work’s author as “Creativity Machine,” saying that the copyright should be transferred from the AI to him due to his “ownership of the machine.”

Copyright 98

Copyright Artwork Public Domain Art 98

CopyrightsWorld

APRIL 29, 2022

On November 3rd, 2018, Thaler filed a copyright application for A Recent Entrance to Paradise, designating himself as the claimant and the work’s author as “Creativity Machine,” saying that the copyright should be transferred from the AI to him due to his “ownership of the machine.”

Copyright 98

Copyright Artwork Public Domain Copyright Law 98

Kashishipr

AUGUST 2, 2021

Goods or items produced outside Bangladesh involving infringement of the Copyright Act, 2000 or infringement of layout design of integrated circuits that are intended for sale or use for commercial purposes within the territory of Bangladesh. A Unique Temporary Registration Number (UTRN) is generated on filing the online application.

IP 105

IP Intellectual Property Registration Registering Trademarks 105

SpicyIP

JULY 19, 2021

Serious Comparative Advertising: Broadening the Definition. She argues that the law should broaden the definition of serious comparative advertisement (where the owner of the mark advertises his product reference to his competitor’s product based on scientific study) by allowing multiple comparisons. Thematic Highlights.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

SpicyIP

NOVEMBER 16, 2023

Hulm asserted ownership of copyright on the app on the basis of a copyright registration of a literary concept note detailing the working of its app, arguing that the app is an adaptation of the literary concept note. However, the current case discusses the protection of GUIs under the Copyright Act.

Copyright 59

Copyright Marketing Marketing Copying 59

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).

IP 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

APRIL 29, 2023

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. Universal * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v.

Fair Use 98

Fair Use Cease and Desist Copyright Trademark 98

SpicyIP

SEPTEMBER 8, 2021

The Report also recommends the “ registration of traditional knowledge as Geographical Indication ” (pg. Firstly, it treats as given the definition of TK. Another intriguing suggestion in this respect is the proposal to make the Government a joint owner in claiming IP rights alongside creators/communities to restrict misappropriation.

Reporting 119

Reporting IP Invention Government 119

Kluwer Copyright Blog

MAY 9, 2023

As it is easy to understand, such a broad definition will cover many of the training activities needed to develop an AI system, especially of the machine learning type, including generative AI systems. The Copyright – AI Act interface The first aspect to mention regards definitions.

Copyright 137

Copyright Fair Use Copyright Law Law 137

43(B)log

SEPTEMBER 7, 2021

Wakefern operates approximately 353 supermarkets under various brands such as ShopRite and Fairway Market across several states, and has a registration for ShopRite. Marchese formed defendant Family Markets for the stated purpose of carrying out a retail supermarket business. Trademark infringement: This just wasn’t use in commerce.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

Copyright Lately

APRIL 30, 2021

Nineties grunge-rock band Nirvana, already embroiled in a long-running legal battle against fashion company Marc Jacobs over its “happy face” t-shirt designs , now finds itself on the less happy end of a new copyright infringement lawsuit worthy of Dante’s trip through the underworld. Welcome to the Seventh Circle of Hell. Nirvana LLC.

Public Domain 84

Public Domain Copyright Copyright Notice Publishing 84

IIPRD

FEBRUARY 8, 2024

Hence in these cases, there arises the situation of divided infringement for which no definitive law exists.” [4] IP owners can restrict unauthorised access or exposure of sensitive information, such as product designs, by encrypting data at the file level i.e., it is invariably encrypted from prior to reaching the cloud to after leaving it.

Intellectual Property 52

Intellectual Property IP Government Technology 52

43(B)log

OCTOBER 4, 2021

Indeed, the PTO has increased its focus on whether the use an applicant is making is trademark use, as opposed to ornamental or informational use, in its registration decisions. Thus, even though it would be possible to have a registrable llama logo that functioned as a trademark, that’s not what Epic had.

IP 94

IP Trademark Advertising Advertising 94

43(B)log

FEBRUARY 19, 2022

Matt Bodie Trademark, Employees & the Firm How does TM designate the entity entitled to hold and defend a mark, and what effects does this have on the worker/firm relationship? Disempowers those who participate in TM but not in the ownership of the company. Two separate entities—the corporation and its outside labor.

Branding 59

Branding Brands Branding Music 59

SpicyIP

JANUARY 2, 2022

The Vidya Drolia case laid down certain conditions for non-arbitrability of disputes and stated that grant and issue of patents and registration of trademarks were exclusive sovereign or government functions, thus making them non-arbitrable. Durga Trading Corporation was clarified in this case. In Dhiraj Dewani v.

IP 143

IP Intellectual Property Copyright Trademark 143

Technology & Marketing Law Blog

OCTOBER 19, 2021

The Kremen case involved the alleged theft of the sex.com domain name by improperly modifying the electronic records evidencing ownership of the domain name. Thus, other cases have applied conversion law to alleged theft of domain name registrations (e.g., .” This abstract statement requires more clarification.

Licensing 89

Licensing Copyright Contracts Advertising 89

Technology & Marketing Law Blog

JULY 17, 2023

An Abitron employee had unearthed documents that suggested that Abitron (rather than Hetronic) had retained ownership of the trademarks in question after a series of business restructurings. It will be difficult to argue that the Court’s new definition of use in commerce is dicta.

Trademark 70

Trademark Blogging Litigation Law 70

43(B)log

FEBRUARY 22, 2021

Should consider public space art, in some circumstances, as a common good, with ownership interests at least in part in people who live in the area. for women: a swimsuit with decorations attached; can get more elaborate with feathers and design elements. © attaches without registration and endures for much longer than design rights.

Copyright 40

Copyright Art Copying Editing 40