Patently-O

FEBRUARY 22, 2023

Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] litigation finance boom of the past 20 years—as has been widely reported, private equity now undergirds huge swaths of U.S. Guest post by Jonathan Stroud. Patent assertion finance today is a multibillion-dollar business. [2]

Litigation 125

Litigation Reporting Settlement Government 125

JD Supra Law

JUNE 7, 2023

Next, we turn to the legal issues, most certainly to be raised in any NFT litigation. NFT’s Intellectual Property Rights- Patent, copyright, trademark ownership, and individual publicity rights are all IP rights that subsist in the underlying asset comprising the NFT. By: Fox Rothschild LLP

Intellectual Property 106

Intellectual Property Ownership Litigation IP 106

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Defining Trademark A “trademark” is a mark which is used for a commercial purpose. How do trademarks function? Trademarks reduces the chance of confusion: Trademarks helps in preventing confusion in the minds of consumers by indicating the source and quality of the product, they are intending to use.

Business 52

Business Trademark Registration Cease and Desist 52

Above the Fold

MARCH 31, 2022

The United States Patent and Trademark Office (USPTO) maintains two trademark Registers: the Principal Register and the Supplemental Register. Provides the right to use the ® registered trademark symbol in conjunction with the trademark. Serves as a basis for filing a trademark infringement lawsuit in federal court.

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Registration Trademark Registering Trademarks Ownership 98

Traverse Legal Blog

OCTOBER 20, 2022

Whether you are looking to make your own non fungible token to sell or you’re looking to buy an NFT as an investment, you need to be aware of copyright and trademark laws that might apply to your NFT. Trademark rights can be even more confusing to navigate in the world of NFTs. Copyrighting vs Trademarking NFTs.

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

Likelihood of Confusion

AUGUST 5, 2021

We wrote in the past about the bogus “right of publicity” issue and the unsuccessful attempt by major league sports to claim ownership in statistics and grab a piece of. The post More fantasy sports litigation appeared first on LIKELIHOOD OF CONFUSION™.

Litigation 52

Litigation Ownership Fair Use Trademark Law 52

IP and Legal Filings

FEBRUARY 20, 2023

Thus, there is an unmistakable similarity between domain names and trademarks, which is why domain names have been granted trademark recognition and protection. Reliance is also a registered trademark, and as such, it is protected from trademark infringement.

Trademark 88

Trademark Registering Trademarks Registration Trademark Law 88

IP and Legal Filings

FEBRUARY 7, 2023

This demonstrates the succinctness and simplicity of the Metaverse’s trademarking mechanism. Their rights will be protected thanks to the metaverse brands’ trademarks. By deterring rip offs, trademarks safeguard a company’s identity and the repute of its brand(s), especially in the Metaverse.

Trademark 83

Trademark Non-Fungible Tokens Branding Brands 83

Kashishipr

MARCH 2, 2022

What happens after you get your mark registered as a trademark? Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. Furthermore, it will also never enforce your trademark rights on your behalf.

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

Patent Trademark Blog

APRIL 28, 2022

How are trademark rights determined in the US? In the US, trademark rights are generally given to the first one to use a mark. Except for a few limited circumstances, the first user is the rightful trademark owner in the US. The term common law arises most frequently in the context of an unregistered trademark.

Trademark 52

Trademark Law Cease and Desist Registration 52

SpicyIP

SEPTEMBER 28, 2023

DRS , explaining the Court’s approach towards determining whether the use of a mark as a keyword will amount to trademark infringement or not. Therefore, such prima facie use of a trademark as keyword, absent blurring, tarnishment or anything more, will not constitute infringement. Findings of the Court in Google LLC v.

Advertising 110

Advertising Advertising Trademark Marketing 110

43(B)log

AUGUST 11, 2022

The Right to Speak a Brand: Rethinking the Interaction Between Trademarks and Speech in the Age of Expressive Branding Alvaro Fernandez-Mora Tweak of original mark to convey parody/comment: adictas three cocaine stripes v. adidas three stripes; enjoy capitalism in Coca-Cola font; Lost-it in Post-it font. But the US has not.

Ownership 80

Ownership Moral Rights Copyright Branding 80

LexBlog IP

JANUARY 5, 2023

Do defendants and the court have the right to ask who is funding a particular patent litigation? The first standing order requires non-governmental companies and corporations to disclose the name of every person all the way up the chain of ownership who has “a direct or indirect interest in the party.”

Litigation 52

Litigation Patent Confidentiality Settlement 52

IP Watchdog

APRIL 30, 2024

Court of Appeals for the Federal Circuit (CAFC) today issued a precedential trademark decision affirming a Trademark Trial and Appeal Board (TTAB) ruling that sustained Framboise Holdings, Inc.’s Trademark Application Serial No. s opposition and refused registration of Jalmar Araujo’s mark #TODECACHO.

Ownership 59

Ownership Trademark Registration Designs 59

LexBlog IP

MARCH 9, 2023

The highly anticipated jury verdict in the Hermès litigation over MetaBirkins NFTs has some important takeaways for both artists and sellers of NFTs as well as brand owners. 1989) and provides strong protection to uses of trademarks that implicate freedom of speech issue. Grimaldi , 875 F.2d 2d 994 (2d Cir. That is not true.

Litigation 52

Litigation Artistic Work Branding Brands 52

Intepat

DECEMBER 6, 2022

The year 2022 has been an extremely important year for the development of trademark jurisprudence in India. There have been various landmark judgements which have not only highlighted cardinal principles of trademark law but have also given a nuanced understanding of how Courts interpret statutory trademark provisions.

Trademark 98

Trademark Trademark Law Registering Trademarks Law 98

IP and Legal Filings

SEPTEMBER 30, 2022

Even presently, user creation and ownership of valuable assets and currencies contribute to developing a unified metaverse, which includes VR Technology, Augmented Reality, virtual currencies, NFTs, and other similar technologies. Consequently, trademark infringement is becoming a concern in this new world. NIKE’S CONTENTION: i.

Trademark 52

Trademark Ownership Branding Brands 52

Technology & Marketing Law Blog

MARCH 8, 2024

[These are my rough-draft talk notes from a recent workshop of trademark law professors.] The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money.

Trademark Law 99

Trademark Law Trademark IP Blogging 99

JD Supra Law

JUNE 8, 2023

On April 20, 2023, the United States Patent and Trademark Office (USPTO) announced several proposed rule changes that would have an impact on patent applicants, patent holders, and patent challengers.

Settlement 59

Settlement Ownership Patent Application Litigation 59

The IP Law Blog

NOVEMBER 12, 2021

As a result, it is seeking an injunction precluding the baseball team from using the trademark. According to Cleveland Roller Derby, a non-profit entity, despite being valued at over $1 billion, the baseball team is trying to bulldoze the roller derby team’s superior trademark rights to the Guardians name.

Trademark 98

Trademark Social Media IP Intellectual Property 98

IP Law 360

OCTOBER 19, 2021

Patent and Trademark Office told a Senate panel Tuesday that a bipartisan bill requiring patent owners to disclose their identities to the USPTO or lose their right to seek punitive damages in litigation should be refined. A former head of the U.S.

Ownership 40

Ownership Patent Litigation Trademark 40

IP Law 360

MARCH 22, 2023

Litigation over a poop-themed dog toy resembling a Jack Daniel's bottle has been pushing the limit of what's normal for U.S.

Ownership 75

Ownership Advertising Advertising Litigation 75

SpicyIP

FEBRUARY 22, 2023

Battle of the Firms – The Irony of IP Law Firms Being Sued for Trademark Infringement Niyati Prabhu It is well known that companies across the world take their brands seriously and deploy law firms in order to safeguard their intellectual properties, be it their names, slogans, brands, taglines, marketing tools and (even phone numbers ).

Trademark 98

Trademark Law IP Intellectual Property 98

Velocity of Content

MARCH 16, 2023

After all, while we are pondering the weighty issue of future ownership, we are not focusing on the fundamental issue of wholesale copying of works to train AI in a wide variety of situations. Each of these cases is unique, fact dependent, and likely, if fully litigated on the merits, to shed light on different aspects of copyright law.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

LexBlog IP

MARCH 31, 2022

The United States Patent and Trademark Office (USPTO) maintains two trademark Registers: the Principal Register and the Supplemental Register. Provides the right to use the ® registered trademark symbol in conjunction with the trademark. Serves as a basis for filing a trademark infringement lawsuit in federal court.

Registration 52

Registration Trademark Registering Trademarks Ownership 52

LexBlog IP

MAY 3, 2022

.” This four-part miniseries of posts provides a birds-eye view of protections available in China for two-dimensional (2D) and three-dimensional (3D) design elements of products or packaging under trademark, copyright, design patent, and anti-unfair competition laws. Trademark (symbols, designs). Trademark (3D designs).

Designs 52

Designs Design Trademark Intellectual Property 52

azrights

OCTOBER 18, 2021

I’ll then explain the role of trademarks and why and how to be strategic with them. The ideal is to secure a trademark over the brand identifiers you’re using because trademarks lock competitors out from using similar identifiers that might create confusion as to the source or origin of products and services of a brand.

Branding 52

Branding Brands Branding Trademark 52

IP Tech Blog

FEBRUARY 15, 2023

If a secret is stolen, or the ownership or its proper apportionment are disputed, or if a third party is trying to copy software containing AI algorithms, the right holders must not shy away from taking proper enforcement measures. This will help avoid surprises from the application of unfamiliar Chinese laws and regulations.

Intellectual Property 113

Intellectual Property Due Diligence Ownership IP 113

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). Nonetheless, the majority opinion will have significant practical implications for transnational litigation in all IP areas. The same is true even in trademark treaties. Hetronic International Inc. ,

Trademark 70

Trademark Blogging Litigation Law 70

Technology & Marketing Law Blog

JANUARY 24, 2024

However, the appellate court seems to invalidate that six-factor test: “Determining he ownership of social-media accounts is indeed a relatively novel exercise, but that novelty does not warrant a new six-factor test.” The next step is to determine whether ownership ever transferred to another party.

Social Media 80

Social Media Ownership Designs Design 80

IP and Legal Filings

MAY 17, 2022

Trademark in Bahrain. ?????????A A trademark is a sign or form used to distinguish the goods, products, or services of one establishment from those of other establishments. In addition, a mark of sound or smell can be considered a trademark. This being an important part makes the brand owner avoid any further litigation.

Registration 52

Registration Trademark Trademark Law Publishing 52

Technology & Marketing Law Blog

AUGUST 5, 2022

This is a case focusing on ownership of social media accounts. See “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ” and “ Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. (See We blogged this case twice before.

Social Media 99

Social Media Ownership Branding Brands 99

The IP Law Blog

JUNE 16, 2022

Trademark law was developed to help protect a seller’s “brand” in connection with the marketing and labeling of products for sale to avoid “consumer confusion.” One rarely litigated aspect of trademark law is that the use of the trademark must be for a lawful purpose.

Trademark 52

Trademark Law Branding Brands 52

IPilogue

MARCH 28, 2023

On November 14 2022, the United States Court of Appeals for the Ninth Circuit ruled in San Antonio Winery Inc v Jiaxing Micarose Trade Co Ltd (“ Jiaxing ”) that foreign parties to a trademark infringement complaint can be served by trademark owners within the U.S. The provision states that if the trademark applicant is not in the U.S.,

Trademark 105

Trademark Government Ownership Designs 105

LexBlog IP

JUNE 16, 2022

Trademark law was developed to help protect a seller’s “brand” in connection with the marketing and labeling of products for sale to avoid “consumer confusion.” ” One rarely litigated aspect of trademark law is that the use of the trademark must be for a lawful purpose.

Trademark 52

Trademark Law Branding Brands 52

JIPEL Copyright Blog

DECEMBER 15, 2021

Trademark litigation in the fashion world is not a novel concept. For decades, Adidas has been engaging in a long list of trademark infringement cases in the US and across the world. Brands like Tide, Sharpie, and Nintendo sell at a premium because customers trust that they’re getting high quality products.

Trademark Law 52

Trademark Law Marketing Marketing Trademark 52

azrights

NOVEMBER 3, 2021

In practice, there is a constant interplay between use of identifiers and ownership of them. Like that you stand more of a chance to be distinctive, and potentially to ultimately secure that colour as a trademark. The lack of interim protection for colour is the main reason to adopt a different strategy when it comes to colour.

Trademark 52

Trademark Branding Brands Branding 52