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

Kashishipr

MARCH 2, 2022

Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. The inconvenient truth in this scenario is that owning a trademark is not like owning a home; instead, it is more like renting.

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

IP and Legal Filings

FEBRUARY 20, 2023

However, the same process does not include any examination or verification to determine whether the domain name is distinctive or capable of distinguishing itself from the competition, i.e., existing domain names that are clearly in violation of trademark law.

Trademark 93

Trademark Registering Trademarks Registration Trademark Law 93

LexBlog IP

SEPTEMBER 6, 2023

Acquiring State Trademarks The most obvious (and widespread) option to protect a cannabis trademark is to obtain trademark registrations in all states where the mark is being used. In trademark law, the first use of a mark within a territory typically establishes trademark ownership in that territory.

Trademark 52

Trademark Registration Ownership Business 52

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Many companies exploit renowned person identities without obtaining proper consent, leading intellectual property experts to advocate for the safeguarding of image rights through registration under Intellectual Property laws.

Intellectual Property 76

Intellectual Property Registration Trademark Personality Rights 76

The TTABlog

JANUARY 26, 2023

Tam (2017), holding a portion of the nation’s statutory trademark law unconstitutional, Justice Alito wrote: “It is unlikely that more than a tiny fraction of the public has any idea what federal registration of a trademark means.” It certainly is not the way you “get” a trademark. In the U.S.

Trademark 62

Trademark Registration Trademark Law Business 62

IPilogue

OCTOBER 7, 2021

The court ultimately decided against the band because “Aboriginal rights are outside the scope of trademark law.”. Cases like this raise questions about the scope of intellectual property (IP) law in Canada. Trademark law in particular has the benefit of granting collective rights and can also provide perpetual protection.

IP 105

IP Intellectual Property Trademark Law Ownership 105

The TTABlog

JANUARY 4, 2023

the TTAB ordered cancellation of two registrations for the mark COHIBA for cigars, one in typeset and one in stylized form. The owner of the cancelled registrations is General Cigar Co., based cigar manufacturer that first obtained a COHIBA registration in 1981 and has sold COHIBA cigars in the U.S. General Cigar Co.,

Registration 78

Registration Trademark Law Trademark Branding 78

IP and Legal Filings

JANUARY 31, 2023

The main assets of any fashion firm that are virtual designs, may need to be protected as trade dress under trademark law. For undisputed ownership of virtual designs, Intellectual Property (IP) laws must be thoroughly handled with. However, in order to file a lawsuit of infringement, copyright registration is required.

Law 91

Law Branding Brands Branding 91

SpicyIP

JANUARY 31, 2024

For instance, paragraph 19 of the order mentions the defendants’ claim of joint ownership of a pre-partition restaurant in Peshawar, Pakistan. ” Similarly, while the order mentions “joint ownership” of the restaurant, suggesting a shared creatorship over the dishes, media reporting (e.g.,

Inventor 64

Inventor Ownership Reporting Registration 64

IP and Legal Filings

DECEMBER 23, 2023

However, a caveat to this is that the use of a similar mark can still be permitted on different products or services, though it may not be eligible for registration as a domain name. [3] It also held that when possessor of a trademark has prior and exclusive usage, they not only possess superior title but also absolute ownership.

Trademark 52

Trademark Registration Trademark Law Business 52

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. No] TTABlog Test: Is Puma's "PROCAT" Confusable with Caterpiller's "CAT" for Footwear?

Ownership 57

Ownership Registration Designs Design 57

IP and Legal Filings

OCTOBER 28, 2022

NFT creation, investment, sale, and ownership interest exists in Indonesia and elsewhere in the world. registration requirements. Provisions of intellectual property law will be applicable to NFTs. Trademark: NFTs may also be protected as a trademark. Article 1(1) of Indonesia’s Trademark Law defines trademark.

Non-Fungible Tokens 91

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 91

JIPL Online

FEBRUARY 26, 2021

If the title sounds familiar, you are part of the reason Booking.com successfully trademarked “Booking.com” while paving the way for owners of similar marks to receive trademark protection. com” does not make “booking” non-generic for trademark registration when it becomes “Booking.com.” The Decision.

Trademark 98

Trademark Registration Trademark Law Advertising 98

Garrigues Blog

JULY 10, 2023

The use of a trademark is crucial to preserve the rights in the mark. However, whereas in the US the statement of use is essential to maintain the registration, in the EU, it does not exist. In other words, it could be said that it is the first commandment of trademark law. Let’s take a look.

Trademark 40

Trademark Registration Registering Trademarks Intellectual Property 40

IP and Legal Filings

SEPTEMBER 8, 2023

As per the Trademarks Act 1999 , the definition of trademark explicitly conveys that only the graphical representation of the marks and the element of in comparability i.e dissimilarity between the existing marks either in terms of shape, size, color, picture serves the essentials of a trademark.

Trademark 52

Trademark Registration Marketing Marketing 52

Corsearch

AUGUST 16, 2023

Registration empowers you with a slew of legal protections that can prove invaluable in the event of an infringement battle. Moreover, copyright registration provides undeniable proof of ownership, making it easier to establish your rights in any legal dispute. Unlike copyright, trademarks are all about the name game.

Trademark 52

Trademark Copyright Branding Brands 52

Kashishipr

AUGUST 17, 2022

Here are a few reasons why content creators and social media influencers should consider registering their IP: IP registration helps establish ownership of the IP assets, which, in turn, helps enforce rights in the scenario of a legal dispute. In general, domain names are business or brand names followed by.org,com,in,gov,net, etc.

Social Media 52

Social Media Intellectual Property Registration Branding 52

43(B)log

FEBRUARY 16, 2023

Fraud [not, apparently, pled as fraud on the PTO but argued that way]: “Fraud in procuring a mark occurs when an applicant knowingly makes false, material representations of fact in connection with an application.” “[T]he burden of proving that a party fraudulently procured a trademark registration is heavy.”

False Advertising 87

False Advertising Trademark Registration Advertising 87

Kashishipr

OCTOBER 12, 2022

Owning a trademark undoubtedly counts as one of the most valuable and crucial assets for every business company or organization. Hence, it becomes imperative not to stay ignorant about a Trademark Assignment. Moreover, trademark assignment proves to be beneficial for both parties involved. Restrictions on Trademark Assignment.

Trademark 52

Trademark Branding Brands Branding 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. Non- fungible tokens have been designed to give a person ownership of something, kind of like modern day digital collectibles.

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

IP and Legal Filings

JULY 5, 2023

During the process of registering a trademark, an applicant may encounter two obstacles: a) Objections; b) Contradictions Trademark Objections Trademark objections are those that a client encounters during the early stages of the registration procedure. In order to be registered, a trademark must be unique.

Trademark 59

Trademark Registration Branding Brands 59

IP and Legal Filings

FEBRUARY 16, 2023

Once the mark is registered under trademark act, the mark then gives the proprietor some rights to enjoy with the trademark repetitively and liabilities to maintain so that the proprietor doesn’t lose the ownership. trademark on the grounds of 22 years of non-use.

Trademark 52

Trademark Registration Registering Trademarks Advertising 52

LexBlog IP

FEBRUARY 16, 2022

Using NFTs has, in part, allowed digital artists to associate ownership in an original version of their art through the NFT that can be monetized much like the physical paintings or sculptures of artists creating in physical media. Moreover, even if Rogers does not apply, Hermes’ trademarks are for leather goods, specifically handbags.

Art 52

Art Non-Fungible Tokens Intellectual Property Ownership 52

LexBlog IP

OCTOBER 27, 2021

After months (or, perhaps, years) of diligent legal work, your business has finally secured its intellectual property rights through a patent , a trademark registration, a copyright registration or some combination thereof. Trademark Maintenance. The hallmark of trademark law is use. Copyright Maintenance.

Intellectual Property 52

Intellectual Property Registration IP Trademark 52

Corsearch

FEBRUARY 14, 2023

A trademark is not just a means of securing and protecting a brand name, it is also a valuable business asset. It’s no surprise then that is a constant race to seek trademark ownership and registration of popular holiday names — but is owning a holiday name even possible?

Trademark 52

Trademark Non-Fungible Tokens IP Branding 52

LexBlog IP

MARCH 9, 2023

For creators and sellers of NFTs: The crux of trademark law is to protect consumers from confusion about the source and affiliations of products and services so they can make informed decisions. Ownership of trademark rights is not contingent on a registration. ” ( Id. ” ( Id.

Litigation 52

Litigation Artistic Work Branding Brands 52

Garrigues Blog

OCTOBER 26, 2022

The European Union Intellectual Property Office (EUIPO) has issued its guidelines on the classification of goods and services relating to NFTs, establishing the bases to approach the legal challenges resulting from their registration and the scope of protection afforded to owners.

Non-Fungible Tokens 52

Non-Fungible Tokens Trademark Intellectual Property Art 52

Dear Rich IP Blog

SEPTEMBER 16, 2020

A company from Coral Gables, Florida applied for the Louise Brooks trademark in 2018. The application seemed doomed in February 2019, when the USPTO trademark examiner issued a final office action (FOA) denying registration. List of goods that are part of the Louise Brooks trademark registration. (1) 15 USC Sec.

Public Domain 52

Public Domain Graphic Design Art Trademark 52

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. New Destiny Church * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v.

Fair Use 97

Fair Use Cease and Desist Copyright Trademark 97

SpicyIP

MARCH 10, 2023

Through an examination of ChatGPT’s ‘Terms of Use’, our former blogger Varsha Jhavar attempts to investigate the copyright implications of the chatbot inter alia touching upon the issue of ownership and assignment of the output generated. Her previous posts on the blog can be viewed here , here , here and here.

Copyright 105

Copyright Copyright Law Ownership Copyright Infringement 105

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

Garrigues Blog

JULY 6, 2021

For example, when the main purpose of the registration is to sell it, if it has been to obstruct the third party, if it is used to attract traffic and obtain benefits or to mislead consumers about the products or services of others.

Branding 52

Branding Brands Branding Registration 52

IIPRD

OCTOBER 17, 2022

It identifies the product of that company and recognizes its own and gives some rights to ownership that can be enforced. the plaintiff opened an art gallery in the virtual game world with the assistance of Second life, called “SLART” and obtained a trademark registration. Liden Research, Inc. ,

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

IPilogue

JANUARY 14, 2022

Copyright Ownership of Movies and Films in Canada: Who’s on First? Introducing the College of Patent Agents & Trademark Agents. Trademark Law. Parody in Trademarks is No Joke. With damages amounting to $40,000, it is clear the courts are unamused by parody in trademarks. Copyright Law.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

azrights

OCTOBER 18, 2021

Although it isn’t necessary in the UK and USA to register a trademark in order to use a name, you’re in a very vulnerable position if you don’t register a trademark. Trademarks can last forever provided you continue to use them, and you renew your registration. Trademarks impact what you should choose to create.

Branding 52

Branding Brands Branding Trademark 52