Plagiarism Today

NOVEMBER 11, 2021

First off today, Blake Brittain at Reuters reports that the U.S. H&M case, which asks questions about whether a mistake in filing a copyright registration should cause a copyright infringement case to be dismissed. Supreme Court Questions H&M’s Bid to Sew Up Copyright Win. 2: Dutch ISPs Strike Piracy Blow.

Copyright 186

Copyright Plagiarism Registration Licensing 186

IP Watchdog

AUGUST 3, 2021

Followers of European trademark developments will be familiar with the Sky v SkyKick litigation, in which the UK courts and the Court of Justice of the EU have addressed questions concerning trademark invalidity (see IPWatchdog report here).

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Trademark Litigation Registration Reporting 123

The IPKat

MAY 3, 2023

Kat-gathering The IPKat is pleased to report that the 'Standards & Patents: Law & Litigation' conference, organized by Informa Connect, returns to London (Leonardo Royal Hotel London St. As always, The IPKat has negotiated a special discount in the registration fee for IPKat readers. Paul's) on 23-24 May.

Patent 57

Patent Registration Patent Law Litigation 57

LexBlog IP

JANUARY 11, 2023

The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Registration of a mask work with the Copyright Office provides certain legal benefits, including the ability to bring a lawsuit for infringement of the mask work. Registration of a Mask Work.

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Registration Designs Design Copying 40

LexBlog IP

MARCH 6, 2023

is currently available by request from the court reporter. ” [2] The United States Patent and Trademark Office (“USPTO”) does not allow registration of a trademark application for goods that are per se drug paraphernalia. at *2 ( citing 21 U.S.C. § § 863 (d)(1)-(15) listing per se drug paraphernalia).

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Litigation Patent Design Patent Patent Application 52

Patent Trademark Blog

DECEMBER 13, 2022

Unlike a criminal prosecutor who is constantly involved in trials, patent prosecution does not include litigation. In fact, prosecuting patents refers to the transactional side of the patent practice as opposed to patent litigation. a USPTO patent practitioner registration. Who can be patent prosecutors?

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Patent Prosecution Patent Patent Application Litigation 98

The IP Law Blog

JANUARY 31, 2024

The database of information provided by the CTA Reports will not be available to the general public but will be accessible by Federal and most states’ criminal and financial law enforcement agencies. General partnerships and proprietorships are not subject to CTA reporting requirements.

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Reporting Business Ownership Registration 89

Patent Trademark Blog

JANUARY 26, 2023

These costs, however, should pale in comparison to the costs of litigation. Stop fantasizing about common law rights and all that you theoretically will accomplish without a registration. Your trademark registration will open doors and unlock value that can far exceed the cost of registration.

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Trademark Registration Registering Trademarks Blogging 97

Kluwer Copyright Blog

FEBRUARY 2, 2023

AI-generated works have won awards: The Crow , an “AI-made” film won the Jury Award at the Cannes Short Film Festival and the story of an AI artwork winning the Colorado State Fair’s annual art competition was reported in The New York Times. Registration was refused in August 2019, in line with previous US case law and guidance.

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Copyright Art Fair Use Registration 145

Plagiarism Today

MARCH 16, 2022

Yesterday, a report by Scott Schwebke at the Orange Country Register highlighted a lawsuit filed by Chapman University processor David Berkovitz, who has filed a lawsuit against a John Doe student that he accuses of posting questions from his exam online. Such a registration costs $800 on top of the normal registration fees.

Copyright Infringement 288

Copyright Infringement Copyright Registration Plagiarism 288

Patent Trademark Blog

JUNE 2, 2023

Though your mark might not be registered yet, having a pending trademark application will at least start you on the journey toward registration. While registration will ultimately be required, a pending trademark application is sufficient to enable Amazon sellers to begin enrollment. Trademark litigation is not for the faint of heart.

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Cease and Desist Branding Brands Branding 52

The IPKat

MARCH 24, 2022

Building on the momentum of the final push towards launch of the UPC, the EPO has launched a stake-holder consultation on a proposal to unify the "fragmented" system for SPC registration. Nonetheless, the 2020 report concluded that the main shortcoming of the current system is "the fact that SPCs are nationally administered and managed".

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Registration Reporting Marketing Marketing 82

The IPKat

OCTOBER 20, 2021

Trade marks IPTango reported on recent developments with registration of collective trade marks in Peru. Notably, the number of registrations has been growing exponentially since 2017, and in late 2020, the Peruvian IP Office (INDECOPI) cancelled registration fees for collective trade marks.

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Blogging IP Registration Licensing 67

Patent Trademark Blog

MARCH 31, 2022

Don’t even think about being cheap when it comes to trademark registration. First, you can record a trademark registration with US Customs to block the import of infringing goods. First, you can record a trademark registration with US Customs to block the import of infringing goods. Not all marks, however, qualify.

Intellectual Property 52

Intellectual Property Cease and Desist Registering Trademarks Litigation 52

Technology & Marketing Law Blog

JANUARY 9, 2022

The bottom line is to treat the dataset as a directional indicator, not as a quantitatively precise report.]. Individual emoji symbols can obtain copyright registrations… sometimes. GmbH as potentially a trademark troll due to their high litigation volume and dubious litigation tactics. When exactly?

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Law Registration Settlement Litigation 137

IP Tech Blog

MARCH 23, 2022

This blog has reported on this trend here and here. Why you need new trademark registrations now. As recently reported by our US colleagues Deborah Lodge and Shyloah Daniel on this blog , French luxury design house Hermès started litigation against “MetaBirkin” NFTs created by digital artist Mason Rothschild.

Trademark 57

Trademark Branding Brands Branding 57

The IPKat

NOVEMBER 30, 2023

Eleonora Rosati shared a reminder that IPKat readers can take advantage of a 10% discount (using IPKAT at checkout) on the registration fee to attend the Pharma and Biotech Patent Litigation Summit in January 2024.

Copyright Infringement 62

Copyright Infringement Copyright IP Registration 62

Technology & Marketing Law Blog

DECEMBER 15, 2021

To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. The registrant counternoticed each time.

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Registration Fair Use Copyright Designs 111

LexBlog IP

MARCH 23, 2022

This blog has reported on this trend here and here. Why you need new trademark registrations now. As recently reported by our US colleagues Deborah Lodge and Shyloah Daniel on this blog , French luxury design house Hermès started litigation against “MetaBirkin” NFTs created by digital artist Mason Rothschild.

Trademark 52

Trademark Branding Brands Branding 52

LexBlog IP

APRIL 19, 2023

This can lead to expensive “false marketing” litigation. More particularly, the TM symbol can be used in the absence of registration, while the registration symbol should be used after registration issues. Registering trademarks with the U.S. The RAV tool is available for all three major forms of IP.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2022

TTAB Cancellation Actions: Terminating an Infringing Trademark Registration. One option is to institute a cancellation action with the Trademark Trial and Appeal Board (the “TTAB”) to challenge the registration of the mark. If you win, the TTAB “cancels” the registration of the trademark at issue. Cancellations vs. Oppositions.

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Registration Trademark Litigation Blogging 52

SpicyIP

SEPTEMBER 11, 2023

Per Petitioner’s case, Mr. Chaklan failed to submit the response to the First Examination Report (FER) despite being sent several reminders that Ms. If so, what will be the liability of such agents – damages, suspension, or cancellation of registration? Though his registration was later restored. Chaklan never responded.

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Government Trademark Patent Patent Application 105

The IPKat

JANUARY 9, 2022

Adam Ernette (UIC) reports on the seminar. Christian Thomas (Kuhnen & Wacker), discussed issues such as (1) changes to the Chinese trademark system, including changes to the review of bad faith applications; (2) registrability of and search tools for multimedia and non-traditional marks across jurisdictions; (3) the U.S.

Reporting 57

Reporting Law IP Patent 57

BYU Copyright Blog

NOVEMBER 15, 2021

Copyright Registration No. Charming Beats is seeking compensatory and statutory damages under alleged violations of the Copyright Act and the DMCA.This litigation follows another ongoing suit filed by an aerial photographer against Wasatch Academy, which we reported on in September. SR 713-284) (the "Song").

Copyright Infringement 98

Copyright Infringement Copyright Music Licensing 98

IP and Legal Filings

OCTOBER 31, 2022

The objective of the Singapore Treaty is to create a modern and dynamic international framework for the harmonization of administrative trademark registration procedures. The Singapore Treaty is applicable to all types of marks registrable under the law of a given Contracting Party. Image Source: IStock].

Trademark 52

Trademark Contracts Intellectual Property Registering Trademarks 52

43(B)log

APRIL 18, 2023

ZimVie intervened and counterclaimed for declaratory judgment of invalidity, cancellation fo the color marks registration, declaratory judgment of noninfringement, false advertising under the Lanham Act and California law, and tortious interference. The press release also stated that the order covered “infringing products sold by ZimVie.”

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False Advertising Advertising Advertising Licensing 72

Technology & Marketing Law Blog

MARCH 15, 2022

Fuxi, the putative copyright owner, has a registration for an image of printed sage leaves (the left image): The alleged infringer, the Sunny Factory, sells the candles on the right on Amazon. So extending the litigation privilege to DMCA takedown notices seems like an overreach. Defamation. ” This is clearly wrong.

Copyright 126

Copyright Cease and Desist Fair Use Litigation 126

SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. Please let us know in the comments below. Read on to know more!

Trademark 59

Trademark Registration Copyright Patent 59

SpicyIP

MAY 8, 2022

If a rights holder commits to a position in the process of securing an intellectual property registration, what weight should that position hold in separate legal proceedings over the enforcement of the right itself? Admissions before the Registry are a substantive category, not a wishing well for infringement litigants.

Intellectual Property 122

Intellectual Property Intellectual Property Law Registration Law 122

SpicyIP

MAY 10, 2023

Recently, the Delhi High Court IPD released its Annual Report 2022-23 on the World IP Day 2023 (April 26, 2023) highlighting the experiences of the present and past judges of the IPD and the work done so far by the IPD. The T hree Orders Now, let’s look at the three cases in hand. Rosemount Inc.

Trademark 126

Trademark Invention Patent Art 126

Kluwer Copyright Blog

OCTOBER 17, 2023

These litigations might have convinced the European legislator to deal with the issue in the proposal for a regulation laying down harmonized rules on Artificial Intelligence (‘ Artificial Intelligence Act’ or ‘AIA’), recently introducing a provision to address the issue of transparency with regard to the works used in the machine learning process.

Copyright 124

Copyright Art Copyright Law Licensing 124

Olartemoure Blog

JANUARY 20, 2023

In 2020, WIPO reported a milestone of 50,000 procedures under the Uniform Domain Name Dispute Resolution Policy (UDRP) in which parties from more than 180 countries have participated since the service’s creation in 1999. The number of cases has been increasing significantly for the past nine years.

Intellectual Property 52

Intellectual Property Branding Brands Branding 52

CopyrightsWorld

FEBRUARY 17, 2021

Even though it is not mandatory, copyright registration provides valuable legal protection. It can help you mitigate the risk of expensive and timely litigation, whether you are a claimant or a defendant, as you have proof of ownership. When you upload your file you obtain indisputable evidence of copyright ownership in your email.

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Copyright Notice Ownership All Rights Reserved Copyright 98

LexBlog IP

OCTOBER 30, 2021

Copyright disputes do not need to escalate into costly and time-consuming litigation. Copyright exists automatically, without the need for registration. If that outreach is unsuccessful, there are internal reporting and takedown mechanisms available on almost all of the different social media platforms. Litigation.

Copyright Infringement 52

Copyright Infringement Cease and Desist Copyright Social Media 52

IP Intelligence

DECEMBER 22, 2021

The USPTO rejected this argument, as attorneys and pro se parties participating in the trademark registration process or board proceedings are presumed to be aware of the rules requiring foreign applicants to be represented by a U.S.-licensed See Report at 3. 2.193 until engaging counsel” and were now taking corrective action.

Trademark 52

Trademark Law Intellectual Property Reporting 52

Biswajit Sarkar Copyright Blog

DECEMBER 3, 2022

Statutory protection of patent rights in India is administered by the Office of the Controller General of Patents, Designs and Trade Marks, a government agency which reports to the Department of Industrial Policy and Promotion, under the Ministry of Commerce and Industry. The application procedure for a patent is quite nuanced. Conclusion.

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Patent Invention Patent Application Intellectual Property 52

IP and Legal Filings

OCTOBER 26, 2023

Off late these instances of trademark bullying has been a concern and persistent problem in many countries with large entities targeting the small enterprises just for the sake of business gains. However every cease and desist notice served does not constitute trademark bullying and this depends on the fact and circumstance of each case.

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Cease and Desist Trademark Registering Trademarks Business 95