IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Trademark violation raises significant issues. Cybersquatting is another type of trademark infringement.

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Trademark Social Media Advertising Advertising 86

The IP Law Blog

MARCH 17, 2022

When doing so, parties need to actively consider whether they intend that forum selection clause to prohibit filing petitions, such as petitions for inter partes review of patents, with the United States Patent and Trademark Office’s Patent Trial and Appeal Board (“PTAB”). Patent and Trademark Office …. emphasis added).

Contracts 98

Contracts Intellectual Property Patent Infringement Government 98

IP and Legal Filings

SEPTEMBER 14, 2023

In today’s era of eco-branding, wherein trademarks are used to distinguish sustainable brands from the mainstream commercial ones, the latter engage in the practise of “greenwashing”. The preliminary objective of ‘eco-friendly’ is indeed to reverse the detrimental effects on the environment caused by the actions of humanity.

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Branding Brands Branding Trademark 79

Patent Trademark Blog

MAY 17, 2022

Can you trademark an acronym? So can you register an acronym as a trademark? Yes, acronyms can be registered as trademarks. As with any other mark, an acronym must meet certain conditions to be trademarkable. How to argue against refusal of acronym trademark. Need to trademark an acronym?

Trademark 52

Trademark Intellectual Property IP Blogging 52

IP Intelligence

OCTOBER 6, 2021

Thaler listed DABUS as the inventor on two patent applications, one for a light beacon and one for a beverage container, which he filed with the United States Patent and Trademark Office (USPTO). He then filed a civil action seeking review of the USPTO’s decision. Procedural History. The District Court’s Decision. Global Fight.

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Inventor Patent Application Invention Intellectual Property 105

Patently-O

APRIL 25, 2024

The Act allows private citizens, known as “ relators ,” to bring qui tam actions on the government’s behalf against those who have defrauded the government. On appeal, the Ninth Circuit reversed — siding with Silbersher that the disclosures were insufficient to bar his action. 3729 (a)(1)(A). Wilson , 559 U.S.

Patent 58

Patent Government Art Reporting 58

LexBlog IP

APRIL 12, 2023

Finally, a third intriguing development is the US Copyright Office’s March 16, 2023 guidance on works containing material generated by artificial intelligence, which raises the question of what words like “author” and phrases like “human creativity” mean. consumers,” as noted at scotusblog.com.

Law 52

Law IP Intellectual Property Copyright 52

SpicyIP

MAY 18, 2022

Trademarks and the Metaverse: Imaginary Rights or Real Wrongs? World over companies are rushing to protect their trademarks in the online, virtual environment – the metaverse. In the US too, several companies are protecting their trademarks for similar goods and services. The definition of these terms is unclear.

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Non-Fungible Tokens Trademark Artwork Art 122

Kashishipr

AUGUST 2, 2021

Thus, the IP rights holders must monitor and take suitable and timely action against the imports that can possibly be infringing on their Intellectual Property Rights (IPRs). . Hard copies of the documents uploaded in the online application are sent along with the UTRN to the Customs Office.

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IP Intellectual Property Registration Registering Trademarks 105

LexBlog IP

APRIL 27, 2022

A fanciful trademark is the strongest trademark type and, in addition to providing examples below, we define it as one that is “coined” for the purpose of serving as a trademark. EXXON is an example of a fanciful trademark because it was created solely to function as a trademark and has no meaning.

Trademark 52

Trademark Branding Brands Branding 52

Biswajit Sarkar Copyright Blog

AUGUST 30, 2023

A trademark is an instrument using which a business can set itself apart from its competitors. Indicating the goods and services offered by the business, a trademark can be any word, phrase, logo, symbol, combination of colours etc. However, it must be kept in mind that a trademark has to be a visual representation.

Trademark 52

Trademark Intellectual Property Business Branding 52

Kashishipr

APRIL 6, 2022

Sound trademarks are widely recognized in developed nations like the United States, and their knowledge is now rapidly growing in developing nations like India. In India, a sound that can be graphically represented by a succession of musical notes with or without words can obtain Trademark Protection.

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Registration Trademark Intellectual Property Branding 105

IP Tech Blog

NOVEMBER 25, 2022

a case of first impression in the circuit courts of appeals, the Ninth Circuit held that if a lawsuit will affect a trademark, then a foreign-based defendant may be served either through its designated agent or the Director of the United States Patent and Trademark Office. Jiaxing Micarose Trade Co. , Background.

Trademark 57

Trademark Registration Designs Design 57

IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Introducing the College of Patent Agents & Trademark Agents. On June 28, 2021 , the College of Patent Agents and Trademark Agents Act came into force. Trademark Law. Parody in Trademarks is No Joke.

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IP Copyright Infringement Inventor Intellectual Property 106

LexBlog IP

MARCH 17, 2022

When doing so, parties need to actively consider whether they intend that forum selection clause to prohibit filing petitions, such as petitions for inter partes review of patents, with the United States Patent and Trademark Office’s Patent Trial and Appeal Board (“PTAB”). Patent and Trademark Office.

Contracts 52

Contracts Intellectual Property Patent Infringement Government 52

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. Controller of Patents & Designs Patent Office Mumbai. The judgement was passed by a Division Bench of Justice Manmohan and Justice Saurabh Banerjee.

IP 124

IP Copyright Trademark Intellectual Property 124

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. A trademark is a valuable intellectual property that businesses use to differentiate their brand from their competitors’ in the market.

Trademark 59

Trademark Registration Branding Brands 59

IP and Legal Filings

JUNE 9, 2022

Trademark, and design are two very crucial kinds of IPRs which provide a certain extent of protection at their levels. Trademark and design are two of the most important and popular IPRs which can sometimes be confused as the line between their differences may perhaps seem blurry.

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Registration Designs Design Trademark 64

SpicyIP

JANUARY 2, 2024

Discussing the historical foundation of the absolute ground of refusing scandalous marks and its implementation by the Indian Trademark Registry, we are pleased to bring to you this guest post by Prof. image from here Scandal and Obscene Trademarks: Determining Immoral Trademarks in Indian Law By Prof.

Trademark 59

Trademark Law Trademark Law Registration 59

The TTABlog

DECEMBER 29, 2022

Trademark Rule 2.71(a), The Examining Attorney issued a final Office action refusing the amended identification of services as being beyond the scope as originally filed. The Board took judicial notice of definitions of the words "marketing," "consulting," and "managing." a), 37 C.F.R.

Marketing 70

Marketing Marketing Social Media Advertising 70

IP and Legal Filings

AUGUST 11, 2023

Introduction Trademarks are no longer confined to words, numbers, or devices. This is primarily because of the clash between the traditional concept of trademarks and the ever-growing need to find newer ways to differentiate one’s product and services from competitors. [1] 7] Is Braille a ‘Mark’ ?

Trademark 80

Trademark Registration Intellectual Property Intellectual Property Law 80

The IPKat

JUNE 27, 2022

On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, cybersquatting and other cause of actions before the Central District of California. This is a U.S federal court which has jurisdiction in the case pursuant to Title 28 of the United States Code.

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Non-Fungible Tokens Contracts Copying Art 135

IIPRD

NOVEMBER 14, 2023

Both the e-platforms and sellers have to take initiatives wherein the sellers need to register their products for trademark, copyrights and patents while the platforms have to exercise strict no-tolerance policy in case of infringements. Legislative Frameworks The degree of legislative structure can range from civil suits to criminal actions.

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

LexBlog IP

NOVEMBER 25, 2022

a case of first impression in the circuit courts of appeals, the Ninth Circuit held that if a lawsuit will affect a trademark, then a foreign-based defendant may be served either through its designated agent or the Director of the United States Patent and Trademark Office. Jiaxing Micarose Trade Co. , Background. § 1051(e).

Trademark 52

Trademark Registration Designs Design 52

Technology & Marketing Law Blog

JANUARY 12, 2024

Instead of asserting copyright and trademark claims, they tried trespass to chattels. Once we qualify the copies as “electronic,” it becomes unmistakable that this case deals with intangible items, not traditional “chattel” that are, by definition, tangible items. My angst-filled blog post on that ruling.

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Copying Ownership Derivative Work Contracts 75

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. B What is a brand?

Trademark 52

Trademark Registration Registering Trademarks Designs 52

LexBlog IP

OCTOBER 6, 2021

Thaler listed DABUS as the inventor on two patent applications, one for a light beacon and one for a beverage container, which he filed with the United States Patent and Trademark Office (USPTO). He then filed a civil action seeking review of the USPTO’s decision. Procedural History. The District Court’s Decision. Global Fight.

Inventor 52

Inventor Patent Application Invention Intellectual Property 52

LexBlog IP

JULY 12, 2021

What is the Supplemental Trademark Register, and how does it differ from the Principal Register? Officially called the “ Supplemental Register ,” it is one of two United States federal trademark registers. What is a Supplemental Register Trademark? Moving a Trademark From the Supplemental to the Principal Register.

Trademark 52

Trademark Graphic Design Registration Registering Trademarks 52

Velocity of Content

MARCH 16, 2023

Real market harm Filed January 13, this class action pits illustrators against generative AI companies who, according to the Complaint, used images without permission as training data and allowed people to create works in their “style” without compensation. Almost as interesting is the trademark/Lanham Act claim. Case 1- Doe 1 v.

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Litigation Fair Use Copying Derivative Work 98

LexBlog IP

JANUARY 15, 2022

We recently spoke with Marcello do Nascimento regarding trademark and brand protection strategies in Brazil. Marcello is the managing partner of David do Nascimento , an IP boutique firm with offices in São Paulo city and Rio de Janeiro city. Marcello is a recognized IP leader in Brazil and the international trademark community.

Branding 52

Branding Brands Branding Registration 52

Canadian Intellectual Property Blog

MARCH 26, 2020

On June 17, 2019, Canada’s new Trademarks Act and Trademarks Regulations came into force. The new Act and Regulations introduced significant changes to Canada’s trademark practice. Under Canada’s new trademark regime, trademark filing fees are dependent on the number of classes of goods and services contained in the application.

Trademark 52

Trademark Registration Intellectual Property Branding 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. For starters, Bob’s Burgers is already a trademark belonging to someone else. Can you use it in the ways you want to?

Designs 52

Designs Design Trademark Copyright 52

IIPRD

OCTOBER 4, 2022

Up until a few years ago, the Starbucks sleeve was also copyrighted and that’s beside their trademarked logo being printed on each sleeve served. It was resolved that the committee would trademark the Ethiopian coffees; namely, Sidamo, Harrar, and Yirgecheffe. Geographic Indication vs Trademarks. An Unprecedented Precedent.

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Intellectual Property Trademark Registration Licensing 40

43(B)log

FEBRUARY 23, 2024

But the flipside is that it’s seen in light of what the Office needs to worry about. There have been problems with defenses; the Office doesn’t have to worry about infringement, so nothing changes. Volume of decisions by hearing officers: registrability decisions have first mover advantage.

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Registration Branding Brands Branding 59

SpicyIP

OCTOBER 16, 2023

Passing the order, the court also clarified that the term “diagnostic” under Section 3(i) should neither be construed narrowly, limited to only in-vivo or definitive diagnosis, nor broadly to include any process relating to diagnosis. Japan Patent Office vs Ms. Image from here Raytheon Company v. vs Vijay Munjal And Anr.

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Due Diligence Invention IP Copyright 59

SpicyIP

FEBRUARY 27, 2024

We have already traversed through Junes , Julys , Augusts , Septembers , Octobers , Novembers , Decembers , and shared some stories like Rahul Cherian’s Legacy, 2010’s International Efforts on Pandemics, Corruption in IP Offices, Law Making via Leaked Documents, etc. see also The Drama in the Definition of ‘Dramatic Works’ ).

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

Patently-O

MARCH 24, 2022

That is the question of how much latitude agencies have to operate notwithstanding vacancies in principal officer positions. The Court figured this ruling would leave the Presidentially-appointed, Senate-confirmed US Patent and Trademark Office (“USPTO”) Director with full review authority in those cases.

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Patent Government Litigation Law 77