Plagiarism Today

OCTOBER 26, 2021

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Trademark and Halloween Costumes. The other major part of the question is trademark. Where copyright protects works of creative authorship, such as books, movies, music, etc.,

Trademark 241

Trademark Copyright Cease and Desist Copying 241

The TTABlog

APRIL 7, 2023

The CAFC overturned the TTAB's decision [ TTABlogged here ] dismissing Charles Bertini's Section 2(d) opposition to registration of APPLE MUSIC for a host of services, including the production and distribution of sound recordings and presentation of live music performances. Van Dyne-Crotty , 926 F.2d

Music 57

Music Trademark Trademark Law Registration 57

LexBlog IP

OCTOBER 10, 2023

Copyright protects only the particular manner of an author’s expression in literary, artistic, or musical form. For example, the text matter describing the rules of the game or the pictorial matter appearing on the gameboard or container may be registrable.

Design Patent 52

Design Patent Intellectual Property Designs Design 52

IP and Legal Filings

AUGUST 4, 2023

LAW RELATING TO REGISTRATION OF NAMES AS TRADEMARKS IN INDIA There is not any particular provision that prohibits celebrities to register their name as trademarks in India under the trademark act, of 1999. Thus, it can be assumed that registration of names as trademarks is allowed. Entertainment v.

Trademark 52

Trademark Registration Branding Brands 52

The IP Law Blog

SEPTEMBER 9, 2021

Global fashion brand Nine West recently filed a Notice of Opposition with the Trademark Trial and Appeal Board contesting the registration of the mark “Nina West” by a company owned by Andrew Levitt, drag name Nina West. She is also set to play Edna Turnblad in the upcoming national tour of the Tony-winning musical Hairspray.

Trademark 98

Trademark Branding Brands Branding 98

The TTABlog

JUNE 30, 2023

Yes] Finding Third-Party Registration Evidence Insufficient to Weaken Cited Mark, TTAB Affirms Section 2(d) Refusal of IMAGINE for Early Childhood instruction TTAB Renders Split Decision in "ELECTRIC LAST MILE SOLUTIONS" Section 2(d) Appeal Precedential No. Yes] TTABlog Test: Are Beer and Restaurant Services Related for Section 2(d) Purposes?

Ownership 57

Ownership Registration Designs Design 57

IP and Legal Filings

DECEMBER 6, 2023

Jaitley’s right and pronounced that any person may be restrained from using the names of popular or well-known celebrities, when the particular name is a well-known trademark as envisaged under the basic principles of trademark law and thatcelebrity is entitled to use his name for commercial purposes.

Privacy 97

Privacy Intellectual Property Law Intellectual Property Advertising 97

LexBlog IP

SEPTEMBER 29, 2022

19 The distinctive character of a trade mark must be assessed by reference, first, to the goods or services in respect of which registration is sought and, second, to the perception of the relevant public (see judgment of 12 February 2004, Henkel, C‑218/01, EU:C:2004:88, paragraph 50 and the case-law cited). Duck Boat Tours, Inc.

Trademark 52

Trademark Registration Music Intellectual Property 52

Corsearch

AUGUST 16, 2023

Copyright safeguards original literary, artistic, and musical works, granting creators exclusive rights to reproduce, distribute, perform, and adapt their works. Registration empowers you with a slew of legal protections that can prove invaluable in the event of an infringement battle. Do you need to register your trademark?

Trademark 52

Trademark Copyright Branding Brands 52

IP and Legal Filings

MARCH 28, 2024

13 (1) states that original literary, dramatic, musical, and artistic works as well as cinematograph films and sound recordings are protected by copyright. These registrations aid in allocating precedence. The problems arises that mere registration is not enough to grant legal protection, which is why the copyright becomes a necessity.

Cinema 80

Cinema Copyright Blogging Registration 80

LexBlog IP

DECEMBER 26, 2023

Keep in mind the generators are trained on existing material, including things that are protected by copyright and trademark law and registration and patents. There have been some court decisions on this precise topic, but the law is not completely settled. But what rights do you have to what it creates for you?

Designs 52

Designs Design Trademark Copyright 52

The TTABlog

JULY 2, 2021

Failure to Prove "Standing" and Priority Dooms Section 2(d) Cancellation of CHUBB TRAVEL SMART Registration for Mobile Apps Catch-all Thirteenth DuPont Factor Saves HANA BANCORP & Design from Section 2(d) Refusal Precedential No. TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out? Apple, Inc. Precedential No. Guess What?

Registration 52

Registration Designs Design Trademark 52

Technology & Marketing Law Blog

DECEMBER 11, 2023

Acuff-Rose Music, Inc., Going forward, my advice to parodists who don’t want to be found to infringe trademarks: make sure your parody slaps everyone right in the face. This is not just a new standard in trademark law, but a new standard for this ancient and important literary form. Campbell v. Tam , 582 U.S. 2294 (2019).

Blogging 112

Blogging Trademark Branding Brands 112

LexBlog IP

APRIL 10, 2023

For example, the United States Patent and Trademark Office (USPTO) is responsible for rules governing federal trademark registration for product and service identification and for issuing patents to inventors, regardless of where the business is located. Intellectual property attorneys can file these applications from anywhere.

Intellectual Property 52

Intellectual Property Intellectual Property Law Registration Trademark 52

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. Ownership and licensing ( copyrights & trademarks) vital when dealing in NFTs. Copyrighting vs Trademarking NFTs.

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

SpicyIP

MAY 18, 2022

Nike has also brought an action for trademark infringement against StockX alleging that StockX’s NFTs depicting Nike shoes violates its trademarks. Downloadable virtual goods are downloadable computer programs and real-world, non-software companies are now obtaining trademark registrations for software products.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

Velocity of Content

JULY 26, 2022

In contrast, trademarks in the United States —in some instances referred to as service marks or trade names—are created by use by a person “in commerce”; technically, no government approval is required. federal government did so (see 15 U.S. Code sections 1051-1072, which include the responsibilities of the U.S.

Trademark 98

Trademark Government Copyright Service Mark 98

IP and Legal Filings

SEPTEMBER 8, 2021

In the last year, the cryptocurrency revolution has impacted several industries, including gaming, music, casino, and surprisingly, the banking sector. Cryptocurrencies are significantly relevant in several IP-intensive industries such as music, pharmaceutical, automotive, and luxury goods. Image source:gettyimages].

Intellectual Property 66

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 66

LexBlog IP

DECEMBER 6, 2021

Whether a person can file a trademark for an NFT depends on whether the NFT is part of a “ series ” or “ collection.” music, video, art, writing) that are part of a collection to register because the source is identifiable. Trademark names vary in strength. Registration and Post-Registration Monitoring.

Trademark 52

Trademark Non-Fungible Tokens Registration IP 52

IP and Legal Filings

OCTOBER 11, 2022

Original literary, dramatic, musical, and artistic works; 2. Indian Trademark regime is governed through the Indian Trademark Act, 1999 in which Section 2(1) allows registration of any sign capable of distinguishing goods and services of one person from another. Cinematographic films; 3. Sound recordings.

Personality Rights 52

Personality Rights Artistic Work Trademark Copyright 52

SpicyIP

JANUARY 2, 2022

The suit concerned agreements dating back to 2001 between IPRS and ENIL regarding broadcasting music in certain cities. When ENIL broadcast music in cities other than the ones in the agreement, IPRS filed an infringement suit. If a sub-brand performs the function, as Asava possibly does in this case, it must be treated as a trademark.

IP 143

IP Intellectual Property Copyright Trademark 143

Intepat

MAY 16, 2023

The Trade Marks Act, 1999 governs trademark law in India and provides for the registration, protection, and enforcement of trademarks. 14 provides that if anyone files an application for the registration of a trademark, the consent of the living person must be taken and it should not be falsely or fraudulently obtained.

Branding 98

Branding Brands Branding Personality Rights 98

Technology & Marketing Law Blog

APRIL 29, 2023

.” Most of the opinion discusses the trademark implications of Ripps’ rival NFT collection. With that framing, trademark law protects against the unwanted competition, and the court treats this as an easy rightsowner win. Alvies * Another 512(f) Claim Fails–Tuteur v. Crosley-Corcoran * 17 USC 512(f) Is Dead–Lenz v.

Fair Use 98

Fair Use Cease and Desist Copyright Trademark 98

Copyright Lately

JUNE 6, 2022

A departure from Vince Vance’s typical musical style, “All I Want for Christmas is You” is an old-school country waltz with an exuberantly cheesy music video. It is possible for a song title to be protected under trademark law in certain circumstances, but it’s not easy. Cue the Copyright Lawsuit.

Copyright 82

Copyright Copyright Infringement Music Social Media 82

SpicyIP

OCTOBER 11, 2022

Timberlake : Trademarks is an area of the law that is constantly changing, which is part of what makes it so interesting. As a system of signs, trademark law touches on many different aspects of culture, while at the same time being of great practical importance to many (perhaps most) businesses.

IP 105

IP Law Intellectual Property Privacy 105

SpicyIP

DECEMBER 30, 2023

This decision will potentially make a difference in the relationship between record labels and streaming bodies in the future, especially at a time when streaming is generating a humongous revenue for the Indian music industry. Music Broadcast Ltd. The judgement has been passed by Justices G.S.Patel & Justice Gauri Godse.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

FEBRUARY 27, 2024

More recently in 2020, Sankalp Jain discussed the copyright challenges in “Dreams,” a video game enabling user-generated content, arguing for the Indian copyright law’s limitations in addressing the the issues around the fan-made creations within the game. Relevant here are Arun C. That’s all from my end. (By

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

IIPRD

OCTOBER 17, 2022

The first and the foremost question which crosses our minds is that does the digital assets in the virtual reality fall under the category of “Goods” under trademark law, and who should be held liable for infringement when the infringer is unknown. This right is given to literary and artistic work like music, etc.

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

43(B)log

DECEMBER 1, 2022

Grimaldi grounds, the district court’s grant of summary judgment to MTV on the resulting trademark claims. MGFB has a federal registration for FLORA-BAMA for “bar and restaurant services” and several entertainment services, including “social entertainment events,” live musical performances, and “competitions for fish throwing.”

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

SpicyIP

APRIL 30, 2023

On the other hand, the defendants disputed the legitimacy of the assignment deed and the registration of the mark and further tried to discredit the applicant of the mark as a proclaimed offender. Delhi High Court dismisses a rectification petition against the registration granted to “Burger King.”

Confidentiality 105

Confidentiality Trademark Copyright Patent 105

azrights

OCTOBER 18, 2021

A sound – such as the 118 jingle or music that is associated with the brand. 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

The IP Law Blog

APRIL 1, 2021

He had been selling “METAL” branded clothing since the early 1990s, primarily through hard rock music magazines. This was apparently untrue and in a separate 2008 proceeding, the PTO concluded that this was a false statement, at least as to boots, and cancelled TA’s registration of the METAL mark.

Trademark 52

Trademark Branding Brands Branding 52

43(B)log

OCTOBER 4, 2021

Indeed, the PTO has increased its focus on whether the use an applicant is making is trademark use, as opposed to ornamental or informational use, in its registration decisions. Professor Alexandra Roberts has written an excellent recent article on this, Trademark Failure to Function.

IP 94

IP Trademark Advertising Advertising 94

SpicyIP

NOVEMBER 8, 2023

Nonetheless, what’s the solution in the long run – abolishing copyright from scholarly works as Steven Shavell proposed; disallowing corporate assignment of copyright over scholarly works, akin to Akshat’s suggestion in the music industry context; revamping Legal Deposit under The Delivery of Books and Newspaper (Public Libraries) Act 1954.

Trademark 59

Trademark Publishing Journalism Copyright 59

IIPRD

JUNE 14, 2021

Piracy may be defined as the unauthorized and illegal reproduction or distribution of materials protected by copyright, patent, or trademark law which is capable of eating up the whole industry slowly and steadily. Piracy and Fashion Design. Protection under the Copyright Act, 1957.

Intellectual Property 40

Intellectual Property Artistic Work Designs Design 40

SpicyIP

FEBRUARY 13, 2023

Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision. lawsuit over infinity-logo trademark. Delhi High Court Imposes Costs worth INR 2 Cr.

Designs 52

Designs Design Trademark Cease and Desist 52

LexBlog IP

JULY 21, 2021

It can also mean as the proxy or substitute holder of rights here on earth because no spiritual being will receive a copyright certificate, trademark registrations, or letters patent. courts have denied registration to religious marks as being offensive to other believers or to non-believers. ” But neither the PTO nor U.S.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52