The IP Law Blog

JANUARY 12, 2023

This applies to companies that have never taken serious steps to protect intellectual property and companies that understand the value of intellectual property and take active steps to secure and protect those assets. . As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Patently-O

JUNE 20, 2023

government focused on protecting domestic industry against undue foreign competition. These investigations patent, trademark, or copyright violations caused by trade importation into the US. Anti-dumping and Countervailing Duties : The ITC can impose anti-dumping duties on foreign manufacturers selling goods in the U.S.

Intellectual Property 63

Intellectual Property Licensing Confidentiality Patent 63

LexBlog IP

JULY 10, 2023

The case concerns a trademark dispute where Hetronic, a manufacturer of remote controls for construction equipment, sued its former distributor, Abitron, for selling infringing products. On appeal, the Tenth Circuit affirmed the judgment, concluding that the Lanham Act extended to all of Abitron’s foreign infringing conduct.

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Trademark Blogging Law Intellectual Property 52

LexBlog IP

JUNE 1, 2023

Foreign entities wishing to register an Australian trademark should be aware that Australia is a ‘first-to-use’ jurisdiction. This means that the owner of a trademark is the first user of that trademark. Arguably, a first-to-file system is easier to manage.

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Trademark Registering Trademarks Ownership Registration 52

Technology & Marketing Law Blog

JULY 17, 2023

the Supreme Court held that the Lanham Act does not reach trademark infringement that occurs outside of the United States (US). In addition, the opinion has important ramifications for domestic trademark law through its identification of “use in commerce” as the actionable domestic conduct. The same is true even in trademark treaties.

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Trademark Blogging Litigation Law 70

LexBlog IP

JANUARY 31, 2023

This article looks at laws of jurisdictions in Southeast Asia, comparing the status of enforcement and protection of software and CII in various Southeast Asia countries. This article looks at laws of jurisdictions in Southeast Asia, comparing the status of enforcement and protection of software and CII in various Southeast Asia countries.

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Invention Patent Intellectual Property IP 52

LexBlog IP

JANUARY 15, 2022

We recently spoke with Marcello do Nascimento regarding trademark and brand protection strategies in Brazil. Marcello is a recognized IP leader in Brazil and the international trademark community. Please tell us a little about your trademark and brand protection practice. Thank you, Marcello.

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Branding Brands Branding Registration 52

LexBlog IP

MARCH 21, 2022

On January 14, 2022, the China National Intellectual Property Administration (CNIPA) issued the Measures for Fast-Track Examination of Trademark Registration Applications (for Trial Implementation), which took effect on the same day. Trademark Applications Subject to the Measures. Use e-filing.

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Trademark Intellectual Property Intellectual Property Management Government 52

IP and Legal Filings

FEBRUARY 23, 2023

Patents, trademarks, geographical indications, industrial designs, layout-designs of integrated circuits, plant variety protection, and copyright are all examples of intellectual property. With this, trademark holders may now defend their logos on the web as well. IP can be acquired, inherited, traded, or purchased.

Intellectual Property 83

Intellectual Property Confidentiality Litigation IP 83

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

Patent Trademark Blog

MARCH 18, 2022

Let’s look into what those intangible assets might be, and how they can be protected. This is where trademarks play a role. Names or logos used to sell a product may be protectable even if the product itself is nothing new. Trademarks can last indefinitely. Think of perfumes or luxury goods. Yes, you certainly can.

Intellectual Property 52

Intellectual Property IP Confidentiality Patent Application 52

43(B)log

FEBRUARY 3, 2024

There’s no authoritative definition of cultural appropriation, but overlap in definitions: power imbalances between person using expression and source community (which might not even like that identification), lack of understanding of user, offensiveness (which may be based on decontextualization of meaningful symbol).

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Branding Brands Branding Art 59

The IPKat

FEBRUARY 21, 2022

A Patent Box is a fiscal tool introduced at a national level that intends to incentivize investments in research and development (R&D), avoid the relocation of intangible assets to foreign countries or encourage returns, through tax incentives. Most of the discussion over the year has been on what kind of IP assets could be protected.

Designs 70

Designs Design Patent IP 70

Copyright Lately

DECEMBER 4, 2023

That law restored copyright protection for foreign works that were still protected by copyright in their source countries, but which had fallen into the U.S. public domain on January 1, director Dreyer never chose a definitive musical score for the film. Wheen will remain protected until January 1, 2025.

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Public Domain Music Copyright Publishing 118

IP and Legal Filings

JUNE 27, 2022

HISTORY & DEVELOPMENT: IPRs are not new to define but what matters is the interpretation of the definition. This dates to 19 th century, when the Paris Convention, 1883, came into existence, where for the first time a historical decision was taken “for the protection of Industrial Property.

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Intellectual Property Invention Public Domain IP 52

LexBlog IP

JANUARY 12, 2023

This applies to companies that have never taken serious steps to protect intellectual property and companies that understand the value of intellectual property and take active steps to secure and protect those assets. As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

LexBlog IP

JULY 10, 2023

Infringing use of trademarks or engaging in acts of unfair competition “in commerce” within the U.S. In cases involving both domestic and foreign activities, the crucial factor is whether the conduct relevant to the statute’s focus occurred within the U.S. See Hetronic International, Inc. Abitron Austria GmbH, 10 F.4th

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Advertising Advertising Trademark Branding 40

The IPKat

MARCH 17, 2022

Last month, members of the Nigerian Technical Working Group on Geographical Indications met to consider their first draft of a bill for the protection of Geographical Indications. Here is what Ifeanyi says: Nigeria's quest for its own statute for the protection of Geographical Indications gains momentum by Ifeanyi E.

Intellectual Property 76

Intellectual Property Registration Government Law 76

LexBlog IP

JULY 19, 2023

New Developments in China Trade Secret Litigation by Founders Legal China’s Growing Focus on Intellectual Property: The Beijing IP Court Steps Up Protections Trade secrets have become increasingly important in today’s globalized business environment, serving as vital intangible assets for many companies.

Litigation 40

Litigation Intellectual Property IP Intellectual Property Law 40

Corsearch

AUGUST 30, 2023

We’ve put together a comprehensive glossary of trademark terms for both seasoned practitioners and those that are new to the field. Whether you’re interested in trademark screening, searching, clearance, registration, or watching, refer to this glossary of key terms to help you in your day-to-day role.

Trademark 52

Trademark Registration Registering Trademarks Designs 52

Patently-O

FEBRUARY 21, 2024

by Dennis Crouch Earlier this month, the Federal Circuit issued a decision in the case of In re Chestek that, on its face, simply upheld the USPTO’s requirement that trademark applicants provide their domicile address. It does not alter the substantive standards by which the USPTO evaluates trademark applications. licensed counsel.

Privacy 45

Privacy Trademark Inventor Law 45

Kluwer Copyright Blog

JUNE 18, 2021

Up to now, only sound fixations enjoyed this protection (see the WIPO Performances and Phonograms Treaty – WPPT – approved in 1996 and in force since 2002). These issues have stalled negotiations for many years since the Diplomatic Conference on the Protection of Audiovisual Performance held in Beijing in June 2012.

Related Rights 97

Related Rights Moral Rights Contracts Intellectual Property 97

The IPKat

NOVEMBER 6, 2021

Under EU trade mark law, trade marks with a reputation are entitled to enhanced protection. Let's find out more with this analysis by Katfriend Federica Pezza (Hogan Lovells), who looks at how the latter are protected under Italian law in the aftermath of the Alitalia saga and what their relationship is to the former.

Intellectual Property 91

Intellectual Property Branding Brands Branding 91

IIPRD

APRIL 3, 2024

Protection of Fashion: IPR Indian fashion houses have begun to toe the line of Western fashion houses by registering their designs and fashion works as IPR. [4] There exist four primary legislations which serve to protect IPRs in India. 8] A design may be eligible for protection under the Copyright Act under §15(2).

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Artistic Work Designs Design Copyright 45

SpicyIP

JANUARY 2, 2022

We’ve tried to represent a diversity of subject matter also in this list, so we have a fair sprinkling of cases dealing with copyright, patents, trademarks, competition law etc. The case clarifies that the bar on arbitrability of trademark disputes is not an absolute one. Golden Tobacco Ltd [Delhi High Court].

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IP Intellectual Property Copyright Trademark 143

Erik K Pelton

MARCH 11, 2022

In our continuing effort to combat trademark scams and raise awareness of this important issue, we have recently submitted comments to the FTC. Because there are many types of fraud and government impersonation, only a handful of other commenters mentioned trademark issues. ” More than 100 comments were submitted. .”

Government 147

Government Business Trademark Blogging 147

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. , Background. § 1051(e). .”

Trademark 52

Trademark Registration Designs Design 52

LexBlog IP

NOVEMBER 30, 2022

It’s definitely among the coziest. In fact, that case also found that the pictures of such food, in that case, did not merit copyright protection either. Since my 2017 article, there seems to have been great attention paid by legal commentators to efforts to protect recipes. Head , 178 F. Int’l , 88 F.3d

IP 52

IP Intellectual Property Fair Use Trademark 52

IP Tech Blog

AUGUST 22, 2022

Fashion brands, for example, are filing trademark applications in the US, Japan and the EU to secure protection for the use of their brands on digital projections of their apparel, shoes and accessories that are transacted in the Metaverse. Are they protectable by design patents? Other countries are lagging behind.

Design Patent 57

Design Patent Designs Design Patent 57

IP and Legal Filings

FEBRUARY 20, 2024

Protecting personality rights has become a growing problem in India due to deepfakes, morphed pictures, etc. PERSONALITY RIGHTS In this day and age of endorsement deals and tabloid speculations, it is crucial for celebrities to protect their rights and reputations. The Plaintiffs cited foreign court rulings, such as Bette Midler v.

Personality Rights 62

Personality Rights Privacy Social Media Intellectual Property 62

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Instead of protecting consumers, this bill gives trademark owners absolute control over online marketplaces by overturning Tiffany v. Because the bill makes it impossible for online marketplaces to avoid contributory trademark liability, this bill will drive most or all online marketplaces out of the industry.

Trademark 137

Trademark False Advertising Advertising Advertising 137

LexBlog IP

AUGUST 22, 2022

Fashion brands, for example, are filing trademark applications in the US, Japan and the EU to secure protection for the use of their brands on digital projections of their apparel, shoes and accessories that are transacted in the Metaverse. Are they protectable by design patents? Other countries are lagging behind.

Design Patent 52

Design Patent Designs Design Patent 52

IPilogue

APRIL 1, 2022

One is that the Canadian patent system is providing less incentive over time for protecting domestic innovations. Pairolero, Economist in the Office of the Chief Economist at the United States Patent and Trademark Office (USPTO). Blit puts forward several potential explanations. delivered the second presentation of the session.

IP 73

IP Intellectual Property Inventor Ownership 73

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. The Court delineated instances like parody and satire where free speech in the context of well-known persons may be protected. the licensee.

IP 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

SEPTEMBER 21, 2022

The definition of “social media platform” reaches all UGC services, not just “social media” as traditionally conceived. Also, I’m not including the many foreign-based services over 50M MAU, but some of them may be subject to the Texas law as well. It’s all deceptive word games, though.

Social Media 138

Social Media Publishing Law Blogging 138

IIPRD

NOVEMBER 16, 2021

In 1873, the foreign exhibitors refused to attend the ‘International Exhibition of Invention in Vienna’ due to the fear that their idea would be stolen and will be used commercially. Article 39 of the TRIPS agreement deals with the protection of undisclosed information. It is reasonably possible to get its secrecy maintained.

Intellectual Property 40

Intellectual Property IP Invention Licensing 40

Kashishipr

AUGUST 2, 2021

The IP rights holders can either record their IP beforehand, enabling the Customs authority to suo motu monitor shipments and exclude, detain, seize, destroy, or dispose of the merchandise that it suspects to be counterfeit or infringing the recorded trademark; or make a complaint to the Customs authority under the domestic Customs legislation.

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IP Intellectual Property Registration Registering Trademarks 105