The TTABlog

DECEMBER 5, 2022

The Board sustained an opposition to registration of the mark DANA DESIGN in the form shown below, for backpacks, hiking equipment, tents, and related goods, on the ground that the mark comprises the name of a living individual, Dana Gleason, without his consent and is therefore barred from registration by Section 2(c) of the Trademark Act.

Designs 48

Designs Design Registration Trademark 48

The TTABlog

OCTOBER 10, 2023

The similarities in the marks and the goods, "Opposer’s history of renaming and restructuring itself, combined with Opposer’s prior ownership of Applicant’s brass division, industry norms concerning legal entity changes," outweighed any purchaser sophistication.

Marketing 70

Marketing Marketing Ownership Registration 70

Intepat

JUNE 13, 2024

Introduction Design piracy, particularly in the context of registered designs, poses significant challenges in today’s industrial landscape. According to the Indian Design Act of 2000, only those designs that are functional or used as artistic or property marks are not eligible for protection.

Designs 52

Designs Design Branding Brands 52

LexBlog IP

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. To avoid this risk, the Chinese market has created a different Chinese name for NFTs: Digital Collection (数字藏品, hereafter also referred as “DC”).

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

43(B)log

JULY 20, 2022

They then agreed that Chiusa would create and operate a website, colorcopper.com, marketing and distributing Stubenrauch’s copper sheets “to a new industry for copper countertops, bar tops and kitchen backsplash.” Likewise, at this stage only, the court rejected the argument that plaintiffs failed to plead ownership of the copied elements.

False Advertising 72

False Advertising Ownership Registration Designs 72

Intepat

JUNE 19, 2023

Introduction Intellectual Property refers to those intangible assets which are created by virtue of the human intellect. The various forms of intellectual property are already well known- trademarks, patents, copyrights, industrial designs, trade secrets, domain names and geographical indications.

Intellectual Property 52

Intellectual Property Due Diligence Ownership Invention 52

Intepat

JUNE 15, 2023

Introduction With the rise of the mobile application industry, India emerges as a highly profitable market, witnessing over twenty-eight billion downloads in 2022, accounting for 5% of the total global downloads. To enjoy these sets of rights the determination of authorship and ownership of the intellectual property is vital.

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Intellectual Property Rights (IPRs) refer to the legal rights granted to individuals or businesses for their creations or inventions. These rights provide exclusive ownership and control over intangible assets, allowing creators to protect their innovations from unauthorised use, reproduction, or distribution.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

Kashishipr

JULY 27, 2022

The term ‘ Intellectual Property (IP) ‘ basically refers to the creations of the human mind that are intangible in nature. In simple terms, it pertains to the original creations of the human intellect, including inventions, symbols, designs, artistic works, literary works, and so on. Now let us define IPRs.

Intellectual Property 52

Intellectual Property Artistic Work IP Marketing 52

IP and Legal Filings

JANUARY 4, 2024

Nascent companies generally face challenges such as increased costs, limited financing, and severe competition in the market. With Section 54EE, you can reinvest such earnings within six months in a fund designated by the government and avoid paying taxes. Change of ownership of the business? Not a problem!

Government 75

Government Ownership Business Designs 75

43(B)log

AUGUST 16, 2021

Its LoopNet is allegedly “the leading digital marketplace for commercial real estate,” and contains CoStar’s copyrighted images, data from the CoStar database, and edits made by CoStar to “improve marketability.” Defendant CREXi is trying to build its own online commercial real estate marketplace and auction platform. McGucken v.

Editing 59

Editing Ownership Copyright Branding 59

Kashishipr

MARCH 2, 2022

A trademark registration certificate that you receive after getting your proposed trademark approved from a country’s Trademark Office is just the first step in the journey of your trademark ownership. No trademark office across the globe will ever keep a watch on the market for unauthorized use of your Registered Trademark.

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

Technology & Marketing Law Blog

MARCH 15, 2022

That’s by design–the DMCA was designed to resolve matters outside of court. Looking at the reference images, the copyright owner appears to be overclaiming its rights to depict green sage leaves. Now, imagine the rightsowner also overclaimed trade dress protection for its sage leave design. MGA Entertainment.

Copyright 127

Copyright Cease and Desist Fair Use Litigation 127

LexBlog IP

DECEMBER 18, 2023

Firstly, buyers must be aware of designated areas for foreign ownership, known as freehold properties, as per UAE laws. Enforcement Against Violations: If a developer or broker violates the law, the relevant authorities will prepare a report and refer the matter to competent investigation authorities.

Due Diligence 52

Due Diligence Contracts Registration Ownership 52

LexBlog IP

DECEMBER 1, 2021

Martens trade dress—a famous design that has been used for more than three decades—was entitled to a permanent injunction against ITX USA for its use of footwear designs that are similar to the overall visual impression of the Dr. Martens trade dress.

Designs 52

Designs Design Intellectual Property Registration 52

azrights

OCTOBER 27, 2021

Inevitably competitors will try to capture some of the market shares of any brand that discovers a lucrative market opportunity. Therefore, legal protection needs to be an uppermost consideration when choosing or changing brand codes because legal ownership is fundamental to effective protection of uniqueness of a brand’s identifiers.

Branding 52

Branding Brands Branding Copying 52

The IPKat

DECEMBER 16, 2021

While Morison branded its medicine with the generic “PARACETAMOL”, with reference to its registered trademarks “MSJ” and “MORISON” on the packaging, CPL used the name “CONPHAMOL”. CPL had a registered trademark in the word “Conphamol” and the design of the product packaging.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

The IPKat

JANUARY 13, 2022

The result is that the smart contract allows you to represent any IP, e.g., trademarks, designs, patents or copyrights, with a token. The advantage of using standardized tokens with a sufficiently distributed blockchain is the possibility to digitally display ownership of IP in a secure, transparent and immutable manner.

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

The IPKat

JANUARY 2, 2022

The analysis also referred to a pending case before the CJEU dealing with Community design law ( EUIPO v The KaiKai Company Jaeger Wichmann | C-382/21-P) and other EU trade mark cases from 2021. The author presents a case pending before the Supreme Court Patent that addresses this question ( Olaf Sööt Design, LLC v. 21-438).

Blogging 125

Blogging IP Non-Fungible Tokens Cease and Desist 125

Corsearch

SEPTEMBER 28, 2023

Intellectual property rights are defined as legal rights that protect the ownership of artistic, literary, and other creative works. You should prepare links and screenshots as evidence for your claims of copyright, or trademark, patent, or design right infringement on Alibaba.

Branding 59

Branding Brands Branding Intellectual Property 59

The IPKat

MAY 5, 2023

According to the Trademarks, Patents and Designs Registry , one would receive an acknowledgement of filing of an application immediately upon making/filing an application for trade mark registration. While an actor’s performance can elevate the popularity and thus, market value of a movie title or character title, that does (should?)

Registration 120

Registration Ownership Copyright Trademark 120

IIPRD

NOVEMBER 22, 2023

Influencing others via social media is one of the most influential and efficient method of marketing and they get good pay out from it. Trademarks are a type of intellectual property that is utilized to recognize, separate, and designate the source of a seller’s products and offerings from those of another.

Social Media 59

Social Media IP Intellectual Property Copying 59

Biswajit Sarkar Copyright Blog

JULY 18, 2022

M&A helps organisations increase their market opportunities, combine their resources, and consolidate their operations. Businesses buy out rivals for a variety of reasons, including cost savings, increased market share, and scalability. Competitive Edge: The company’s IP gives it a competitive edge in the market.

Intellectual Property 52

Intellectual Property Due Diligence IP Business 52

43(B)log

OCTOBER 31, 2022

The court cited tweets stating that CasperLabs should try to “distinguish themselves and perhaps change their name[ ], it just confuses people” and that a consumer had seen emails from CoinList and wrote, “I am an example of how CasperLabs’ marketing material easily confused investors.” This wasn’t just from the prior relationship.

Registration 59

Registration Trademark Ownership Marketing 59

Kluwer Copyright Blog

MAY 30, 2024

However, copyright protection may unexpectedly clash with this sustainable practice, as certain upcycled items could include copyrighted prints, ornaments, or design patterns from the original materials, such as new clothing items made out of old bed sheets, curtains, or tablecloths , or jewellery made from broken porcelain.

Copyright 117

Copyright Copyright Law Business Intellectual Property 117

IP and Legal Filings

OCTOBER 30, 2023

Barbie, a name synonymous with an unattainable standard of femininity and the concept of commercial feminism, was designed to captivate the toy market with all its glittery pink magnificence. Hence, it is no wonder that the battle for ownership of her trademark is also highly sought after.

Trademark 83

Trademark Branding Brands Branding 83

LexBlog IP

FEBRUARY 21, 2022

million) knew that the NFT may or may not reference any art at all. To explain, an NFT is a unique digital token stored on a blockchain—it acts as a record of ownership of an item, like a certificate of authenticity of a cat painting. These solutions, however, require constant hosting, most likely by NFT creators.

Ownership 52

Ownership Art Artwork Non-Fungible Tokens 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. 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

Kashishipr

OCTOBER 19, 2022

A trademark exists in the form of an expression, slogan, or any other sign identifying the services or products of one business and distinguishing them from those of others in the market. Having a Trademark Registration in place shall provide you with exclusive rights over its ownership and usage.

Trademark 52

Trademark Branding Brands Branding 52

TorrentFreak

JULY 13, 2023

Over time, several hundred domains reappeared online with similar branding, but none were as relevant or persistent as those previously removed from the market. had rebranded simply because it had grown tired of its old domain and liked the idea of a fresh design, was implausible at best. What we can confirm is that Zoro.to

Branding 84

Branding Brands Branding Registration 84

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.

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Registration Ownership Social Media Marketing 45

Technology & Marketing Law Blog

MARCH 6, 2022

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. HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. Babybus appeared first on Technology & Marketing Law Blog. MGA Entertainment.

Fair Use 96

Fair Use Cease and Desist Copying Copyright Infringement 96

Corsearch

NOVEMBER 15, 2022

A non-fungible token, also known as NFT, is a one-of-a-kind digital item stored on a public digital ledger (a blockchain), which provides a certificate of ownership to a particular individual². They can be designed and minted in-house or, increasingly, by licensees. References [link] [link] [link] [link] [link] [link] [link] [link]

Branding 52

Branding Brands Branding Non-Fungible Tokens 52

43(B)log

AUGUST 19, 2021

By August 2020, CasperLabs had begun referring to its blockchain protocol and forthcoming token as “Casper.” CasperLabs, meanwhile, alleged that “Casper” and “CasperLabs” had become widely recognized on social media to refer to its network. Their agreements terminated in late 2019. 1) The marks were identical. (2)

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Registration Social Media Trademark Registering Trademarks 72

43(B)log

FEBRUARY 23, 2023

Users can download “dapps” (or decentralized applications) which allow users to design and develop software using the Internet Computer blockchain. Dfinity’s website also provides users with “educational tutorials and courses in the field of distributed computing platforms.” The Ninth Circuit does not agree.”

Designs 59

Designs Design Registration Trademark 59

Kluwer Copyright Blog

JUNE 9, 2022

In interpreting these provisions, the Commission’s Guidance (COM/2021/288 final) states that information is considered “relevant” if it is at least “accurate about the rights ownership of the particular work or subject matter in question”. fingerprinting” and “metadata-based solutions”).

Technology 96

Technology Marketing Marketing Copyright 96

IP and Legal Filings

SEPTEMBER 12, 2022

Not granting copyright ownership would severely impact their operations, as any person could easily copy or use their creations, without incurring any liability. While arguing over the fact whether AI systems must be granted authorship or not, it is also important to determine the relevance of such works in the market.

Copyright 52

Copyright Copyright Law Artistic Work Designs 52