LexBlog IP

JULY 26, 2021

Trademark Trial and Appeal Board (TTAB) is limited to deciding issues of registration only. Accordingly, it only has the authority to either cancel an existing trademark registration or refuse a trademark application from maturing to registration. the parties agree to suspend proceedings to engage in settlement discussions.

Trademark 52

Trademark Settlement Registration Litigation 52

Intepat

MAY 4, 2023

Actavis (2012), where the Federal Trade Commission (FTC) sued Actavis and Paddock, alleging that they violated antitrust laws by making “reverse payment” settlement agreements with Solvay. Prior to the ratio of this case, there was a reliance on the “per se” rule which would automatically declare all reverse payment settlements as illegal.

Law 52

Law Patent Settlement Inventor 52

Copyright Lately

AUGUST 10, 2021

While the judge rejected a number of arguments advanced by the Phillies (including arguments that the defendant committed fraud on the Copyright Office with its initial copyright registration), she ultimately recommended that the Phillies be allowed to continue using the new version of the mascot.

Derivative Work 101

Derivative Work Copyright Settlement Reporting 101

IP and Legal Filings

JANUARY 30, 2022

The Respondent secured federal trademark registration for “Get Lucky” in 1986, and the Petitioner commenced offering garments employing the registered trademark “Lucky Brand” and term “Lucky” a few years later, in 1990. Lucky Brand’s request to dismiss was granted on remand by the District Court. “The

Trademark 95

Trademark Branding Brands Branding 95

43(B)log

SEPTEMBER 7, 2021

The claim for cancellation of the ‘675 Mark was based on fraud in obtaining the trademark registration and misrepresentation of source, whereas their claim for cancellation of the ’549 and ’077 Marks was based on misrepresentation of source alone. Tapestry, Inc. Chunma USA, Inc., 2021 WL 1534988, No. 20-CV-0271 (JMF) (S.D.N.Y.

False Advertising 59

False Advertising Registration Trademark Registering Trademarks 59

Biswajit Sarkar Copyright Blog

SEPTEMBER 17, 2021

Law Protection: An Imperative for Prosperity of Rural Poor and Their Settlement” by V. In India, registration, and protection of geographical indications relates to goods only. Prohibition of registration of geographical indication. – Registration of geographical indication and its benefits. – Mediation.

Intellectual Property 40

Intellectual Property Settlement Registration Confidentiality 40

SpicyIP

NOVEMBER 17, 2023

We are pleased to announce that registration for the free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship is currently open. Nevertheless, awareness about dispute settlement strategies can minimise the economic and legal costs of ignoring IPR law.

Intellectual Property 105

Intellectual Property Technology IP Law 105

TorrentFreak

JULY 13, 2023

had rebranded simply because it had grown tired of its old domain and liked the idea of a fresh design, was implausible at best. These nameservers are operated by the MPA and when site operators hand over their domains as part of a settlement, most of the time they are updated with these details.

Branding 84

Branding Brands Branding Registration 84

LexBlog IP

DECEMBER 7, 2022

In the recent $100 million FTC settlement with Vonage, the consent order specifically prohibited the use of dark patterns to frustrate cancellation efforts. Why do we say that? Well for starters, attention to dark patterns has migrated from workshops, speeches and press releases to complaints and a consent order.

Web Design 52

Web Design Marketing Marketing Registration 52

SpicyIP

MARCH 11, 2024

Calm Water Therapeutics Llc vs The Assistant Controller Of Patents And Designs on 28 February, 2024 (Delhi High Court) The appeal challenged the rejection of a patent application for a “Bi-Functional Co-Polymer” by the Assistant Controller of Patents. Third, the evidence of the plaintiff’s use of the mark from 1989 are fabricated.

Trademark 59

Trademark Registration Copyright Patent 59

Intepat

SEPTEMBER 15, 2023

AI-Generated Art: Where Artistry Meets Algorithms Before diving into the intricacies of copyright registration /ownership, let’s set the stage by understanding the birth of AI-generated art. Copyright laws are designed to safeguard the rights of creators. Copyright Office’s guidelines, but a settlement was reached in 2018.

Art 105

Art Copyright Ownership Non-Fungible Tokens 105

SpicyIP

SEPTEMBER 25, 2023

On one hand, they can lead to an amicable settlement between the parties and prevent lengthy litigations. 2023 (Delhi High Court) Delhi High Court granted an interim injunction to the plaintiff against unauthorized use of its mark “Burger King”, the Crescent Logo Design and Hamburger Refresh Design Logo. Swapnil Patil & Ors.

Cease and Desist 105

Cease and Desist Copyright Infringement Invention Social Media 105

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.” says the author.

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.” says the author.

Copyright 98

Copyright Artwork Public Domain Copyright Law 98

SpicyIP

FEBRUARY 13, 2023

What stands out here is that the Court granted an injunction in favour of the Plaintiff based on earlier registration without considering the non-use of the mark by them. Samsung to pay $150 mn to Nanoco Tech in QLED patent suit settlement. Delhi High Court passes a strongly worded order against entities selling counterfeit products.

Designs 52

Designs Design Trademark Cease and Desist 52

SpicyIP

JANUARY 29, 2024

Do read our summaries of the post on the DHC restraining generic competitors for Ibrunitib, Delhi High Court’s finding on opposition and examination process, and some quick tidbits on the Ram Mandir, Oppo-Nokia dispute settlement, and the Bombay High Court order on Pan cards. Zydus Lifesciences Ltd vs Mediart Life Sciences Pvt.

Music 59

Music Intellectual Property Copyright IP 59

IP and Legal Filings

NOVEMBER 30, 2022

More and more loans are being supported by certain intellectual property assets, such as copyrights, designs, and patents, or revenue streams connected to these assets. Collateral is frequently utilised with tangible assets owned by a firm, such as equipment and buildings. Conclusion.

IP 52

IP Intellectual Property Business Government 52

Patently-O

APRIL 4, 2023

The two eventually reached another settlement that transfers substantial rights over to Apple Inc. Bertini filed an opposition to Apple’s TM registration which the TTAB eventually dismissed. Note that Apple has substantially moved-on from this issue and redid its logo as shown below using a design-plus-word mark.

Music 111

Music Registration Trademark Settlement 111

Patently-O

APRIL 12, 2024

By Dennis crouch The international IP community is moving toward further harmonizing legal protection for industrial designs. In the US, these are design patent rights. 2] This same issue has arisen in other IP treaty negotiations over the past few decades. [3] The USPTO is currently soliciting public input to help formulate the U.S.

Designs 40

Designs Design Law Registration 40

SpicyIP

AUGUST 22, 2022

On 2 nd December 2021, Mason Rothschild began advertising an NFT collection of fur-covered Birkin-like handbags that he designed, advertising them as ‘METABIRKINS’. His order does not restrain Mattel from filing an infringement suit which is probably why the studio decided to change the songs name as part of a settlement deal with Mattel.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

The IPKat

FEBRUARY 23, 2023

In 2013, Cadbury’s registration for Pantone 2685C was held invalid because its description rendered it void for lack of certainty. An appeal in 2018 failed to dodge this finding by trying to argue that the registration was a series of marks (see Volume 5 ). On appeal, Meade J disagreed and upheld the registration.

Registration 76

Registration Advertising Advertising Law 76

TorrentFreak

OCTOBER 4, 2022

As the archive copy of the Beyond Boundaries website on the Wayback Machine clearly shows in the footer, the site was created by web design/SEO company i New Media. Of course recipients could choose to settle their cases by taking positive action, in that case paying a settlement.

Social Media 125

Social Media Copyright Infringement Copyright Copying 125

SpicyIP

MARCH 25, 2024

Kunal Makkar & Anr on 14 March 2024, Delhi High Court Image from here The petition concerned alleged violations of a previous judgment where respondents undertook not to imitate, copy, manufacture, or sell shoes imitative of the petitioner’s designs. Christian Louboutin Sas & Anr v.s

Trademark 52

Trademark Patent Copyright Confidentiality 52

43(B)log

FEBRUARY 3, 2023

Christine Farley, Authenticity and Design: Why sell a chair for 10x a visually identical chair? Sometimes the replication is exact; design claimants say they’re made with cheaper materials and practices, but midcentury modern design aimed for cheapness and access: the idea that more people can have it now would be a good not a bad.

Designs 59

Designs Design Design Patent Branding 59

SpicyIP

MARCH 27, 2023

Controller of Patents and Designs. Other posts IP Financing in India – Part I: Perfection of Security and (Non) Registration of Copyright Despite the increasing importance of intellectual property in the modern economy, there is a surprising lack of attention given to IP financing in India. Case: Sirona Hygiene Pvt.

Designs 105

Designs Design Cease and Desist Art 105

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the case of Alice Corp v CLS Bank International, the US Supreme Court in 2014 held that claims to a computer-associated technique of mitigating “settlement risk” in various financial transactions were barred from patenting. However, are the blockchain technologies really patentable? Blockchain’s possible application in the world of IP?

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the case of Alice Corp v CLS Bank International, the US Supreme Court in 2014 held that claims to a computer-associated technique of mitigating “settlement risk” in various financial transactions were barred from patenting. However, are the blockchain technologies really patentable? Blockchain’s possible application in the world of IP?

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the case of Alice Corp v CLS Bank International, the US Supreme Court in 2014 held that claims to a computer-associated technique of mitigating “settlement risk” in various financial transactions were barred from patenting. However, are the blockchain technologies really patentable? Blockchain’s possible application in the world of IP?

Technology 52

Technology Patent IP Invention 52

Technology & Marketing Law Blog

MARCH 7, 2022

Supreme Court held 6-3 that the Ninth Circuit erred in invalidating a copyright registration for failure to comply with the Copyright Office’s “single unit of publication” regulation, where the copyright owner had knowledge of the facts but arguably misunderstood the legal standard. Unicolors, Inc. Factual and Procedural Background.

Registration 79

Registration Blogging Copyright Designs 79

43(B)log

FEBRUARY 24, 2021

Teami ($15 million settlement, all but $1 million suspended), where there were other bad things like fighting cancer claims and also nondisclosure by influencers like Cardi B. may require disclosures and charitable registration: Draper James teachers giveaway. Designed in US” can also work. Joseph Lewczak: FTC v.

Advertising 40

Advertising Advertising Law Privacy 40

Technology & Marketing Law Blog

JUNE 6, 2022

Key Design Features of the CCB. Registrations Aren’t Needed Upfront. Copyright owners must have a copyright registration or denial in hand before initiating a federal court case. A CCB case, in contrast, can be initiated after filing a registration application. Pleading Standard.

Copyright 130

Copyright Registration Settlement Law 130

SpicyIP

MAY 20, 2024

SpicyIP Tidbit: Delhi High Court grants an Ex-parte Ad interim Injunction to Designer Gaurav Gupta On DHC’s recent interim injunction to designer Gaurav Gupta, Surabhi highlights the problem with the Court’s one glove fits all approach in this tidbit. Read on to know more. What’s in a Name? Alimentary Health Ltd.

Trademark 45

Trademark Advertising Advertising Copyright 45

The TTABlog

JANUARY 4, 2024

Petitioners seek cancellation of Gibson's registration for the mark THEODORE for "stringed musical instruments," claiming likelihood of confusion with the mark MCCARTY for guitars under Section 2(d), and false suggestion of a connection under Section 2(a).

Music 51

Music Registration Licensing Settlement 51

The IP Law Blog

MARCH 2, 2021

The issue arose from a dispute between Romag, a manufacturer of magnetic snap fasteners for leather goods, and Fossil, a designer and distributor of a wide range of fashion accessories. When settlement discussions proved fruitless, Romag sued.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

SpicyIP

DECEMBER 12, 2022

Calcutta High Court allowed an application for rectification directing the Trademarks Registrar to cancel the registration granted to and remove the impugned mark ‘Neemyle’. Delhi High Court decreed the suit as per the terms settlement between the parties. Louis Vuitton Malletier v. Capital General Store and Anr. Image from here.

Copyright Infringement 105

Copyright Infringement Settlement Registration Trademark 105

SpicyIP

AUGUST 14, 2023

Without going into the merits of the case, the court set aside the impugned order and directed the respondent to grant registration to the subject device mark. The defendant argued that the suit at the instance of the above plaintiff is not maintainable unless the license/ assignment is registered with the design office. Hi Tech Pvt.

Trademark 98

Trademark Registration Art Reporting 98

Kashishipr

MAY 12, 2021

In most nations, GIs are not subject to a specific term of protection; instead, they remain valid unless the registration is canceled. A registered GI prohibits a third party from using such GI by any means in the designations or presentations of goods that indicate that such goods originate in a geographical area.

Intellectual Property 98

Intellectual Property IP Marketing Marketing 98