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

Garrigues Blog

JANUARY 25, 2023

If no oppositions are filed, the SPTO will check whether the trademark comes under any of the absolute grounds for refusal established in Trademarks Law 17/2001 (Trademarks Law). La entrada What are the steps to register a trademark in Spain? However, it can take longer.

Trademark 52

Trademark Registration Trademark Law Ownership 52

LexBlog IP

FEBRUARY 16, 2024

This means that it is less burdensome to prove the invalidity of a trademark registration. trademark law, a petition for cancellation may be filed at any time to challenge the trademark registration as being invalid. ” See 15 U.S.C. § § 1115(a) (Emphasis Added). For example, under U.S.

Registration 52

Registration Trademark Ownership Trademark Law 52

LexBlog IP

MARCH 13, 2024

Unsophisticated consumers may conflate the purchase of an NFT associated with a digital good with ownership of IP rights in that good. Trademark applicants, registrants, and practitioners need guidance regarding obtaining and enforcing trademark registrations in the context of NFTs.

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 52

IP Intelligence

JANUARY 1, 2024

Recently, the fraudulent scammers have become more sophisticated with their solicitations by claiming to be attorneys or law firms with expertise in trademark law. They are targeting both new application filers and established companies with registered trademarks.

Trademark 59

Trademark Branding Brands Branding 59

The IPKat

MAY 17, 2023

The Court held that in the absence of directly comparable source code in a software copyright infringement and misuse case, records of conversations, meetings, timelines, and e-mails can be used to show ownership of copyright, highlighting the importance of keeping a record of this information.

Designs 67

Designs Design Copyright Infringement Copyright 67

Kashishipr

MARCH 2, 2022

A trademark registration certificate that you receive after getting your proposed trademark approved from a country’s Trademark Office is just the first step in the journey of your trademark ownership. However, one’s own house deserves equal consideration in this case.

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

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

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

IP and Legal Filings

OCTOBER 28, 2022

NFT creation, investment, sale, and ownership interest exists in Indonesia and elsewhere in the world. Article 143 of the Patent Law provides patent holders recourse to file claims in the Commercial Court if the rights under their patent are infringed by another party. Trademark: NFTs may also be protected as a trademark.

Non-Fungible Tokens 87

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 87

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

Larson & Larson

JULY 13, 2023

The purpose of a trademark is to prevent consumer confusion about the source or sponsorship of a product. For example, Coca-Cola’s name and bottle design are protected trademarks. Trademark law prevents other soda companies from using similar names or bottle designs that could confuse consumers.

Trademark 40

Trademark Patent Invention Intellectual Property 40

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. Artists and creators can monetize ownership of their digital creations.

Art 52

Art Non-Fungible Tokens Intellectual Property Ownership 52

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. Bucci, 1997 WL 133313 (S.D.N.Y.1997). 1, 211-250, (2011). 1, 8-72, (2008).

Trademark 90

Trademark Registering Trademarks Registration Trademark Law 90

The TTABlog

JANUARY 26, 2023

Patent and Trademark Office (USPTO), and if the trademark they want is “available” some nice person at the USPTO will “grant” it to them. It certainly is not the way you “get” a trademark. trademark law that trademark ownership arises from using a chosen mark in offering and providing goods or services to the public.

Trademark 64

Trademark Registration Trademark Law Business 64

The IP Law Blog

FEBRUARY 17, 2022

According to Nike, consumers have called the Nike-themed NFTs a scam and called the purchase agreements into question because of certain provisions that purport to allow StockX to revoke ownership of the NFT or physical asset, which seems a bit shady to say the least.

Ownership 98

Ownership Intellectual Property Trademark Branding 98

IP and Legal Filings

MAY 17, 2022

After filing for trademark registration, the application will be reviewed by the Trademark Office so as to check whether any same or similar trademark or any marks are not already registered or has previously applied by any other applicant. Request for Preliminary trademark examination.

Registration 52

Registration Trademark Trademark Law Publishing 52

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

The TTABlog

JUNE 30, 2023

11: TTAB Reverses Six "Goods In Trade" Refusals for NY Times Non-Syndicated Column Titles Ownership: Precedential No. 13: TTAB Allows Cancellation Respondent to Correct Registration Ownership Specimen of Use/Nonuse/Illegal Use: Precedential No. Guess What? Goods in Trade: Precedential No.

Ownership 59

Ownership Registration Designs Design 59

IP and Legal Filings

DECEMBER 23, 2023

After examining the facts, the court held that the owner of trademark had the exclusive right to register the trademark as a domain name under the trademark law. 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

JANUARY 4, 2023

First, this decision is the latest in an ongoing saga focused on two globally valuable Cuban trademarks: COHIBA for cigars and HAVANA CLUB for rum. Both ownership disputes began in the mid-1990s and are as of yet not fully resolved. trademark law intersects with international treaties, administrative law, and international relations.

Registration 80

Registration Trademark Law Trademark Branding 80

IIPRD

FEBRUARY 6, 2024

Copy Right Law in the Entertainment Industry The cornerstone of intellectual property protection in the entertainment sector is copyright law. It gives authors and artists the sole ownership rights to their original writings, music, films, and artwork.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

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 86

Law Branding Brands Branding 86

More Than Your Mark

AUGUST 20, 2021

However, if your 3-D printed work relies on the files created by another, or is the result of scanning the sculpture of another, you may have to make proper attribution of ownership to the file owner. Contact Norris McLaughlin About Intellectual Property Disputes Over 3-D Designs.

Intellectual Property 98

Intellectual Property Designs Design Invention 98

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

SpicyIP

MAY 18, 2022

From a trademark law perspective, however, the decision as to whether or not such a separate classification is necessary will depend on consumer experience with these goods and whether consumers perceive these ‘virtual goods’ as definable and having inherent value.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

43(B)log

APRIL 29, 2022

Eventually, instead of monthly compensation, Von Berg offered Hawrych a 10% ownership interest in Nutra-Luxe, which worked for 16 years. False advertising law has a much more structured way of accounting for implications than trademark law does. Because of Dr. Hawrych’s association, Von Berg incorporated the acronym ‘M.D.’

False Advertising 59

False Advertising Advertising Advertising Registering Trademarks 59

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

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

Technology & Marketing Law Blog

MARCH 10, 2022

In a footnote, the court acknowledges the law is “evolving” with respect to employer ownership of social media accounts: The law on the ownership of a social media pages created by employees for employers is evolving rapidly and varies between jurisdictions. Social Media and Trademark Law” Talk Notes.

Social Media 79

Social Media Contracts Ownership Business 79

IP and Legal Filings

SEPTEMBER 8, 2023

Misutilisation Of ‘Smell’ In Trademarks Till date it is clearly apparent that no laws regarding the protection of ‘smell’ in trademarks have come into survival in India.The doctrine of functionality in trademark law states that a product’s functional characteristic does not count for trademark.

Trademark 52

Trademark Registration Marketing Marketing 52

Larson & Larson

NOVEMBER 25, 2021

Congress also possesses the authority to enact trademark protection through the United States Commerce Clause. At the federal level, the Lanham Act represents the primary statute supporting trademark law. Avoid joint ownership of products, designs, and creative endeavors. Consider the timing when filing a patent.

Intellectual Property 52

Intellectual Property Inventor Art Music 52

Corsearch

AUGUST 16, 2023

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. Do you need to register your trademark? Trademark law varies from country to country.

Trademark 52

Trademark Copyright Branding Brands 52

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

SpicyIP

FEBRUARY 22, 2023

Goliath’ story, Fish IP Law sued Fish & Richardson seeking a judgment that its name and logo do not violate the megafirm’s trademarks and that the big shot firm could not demonstrate a common-law ownership interest in the word ‘Fish’. Also, what does this higher standard even mean?

Trademark 98

Trademark Law IP Intellectual Property 98

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

This Act does not explicitly specify the inclusion or exclusion of personal names or surnames for trademark protection. The guiding norm in trademark law stipulates that a name or surname lacks eligibility for protection unless it carries distinctive characteristics.

Intellectual Property 76

Intellectual Property Registration Trademark Personality Rights 76

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.

Cease and Desist 96

Cease and Desist Fair Use Copyright Trademark 96