IPilogue

SEPTEMBER 9, 2022

By adopting the unique narrative structure of its books and using the specific phrase “Choose Your Own Adventure Book,” Chooseco accused Netflix of willfully infringing its trademark and ultimately tarnishing the series’ child-friendly reputation. Photo retrieved from Tubefilter.

Trademark 106

Trademark Public Domain Television Fair Use 106

The IPKat

FEBRUARY 12, 2024

The authors emphasize that AI cannot hold moral rights and that in the absence of an author, the work should be in the public domain. By addressing the concepts of authorship and moral rights, as well as subject matter requirements, they evaluate AI and creative works to tackle the question of originality of AI-generated works.

Moral Rights 73

Moral Rights IP Intellectual Property Public Domain 73

IP and Legal Filings

MARCH 30, 2023

Introduction In the conventional sense, trademark law requires the mark to essentially be a word or a logo. However, there have been significant advancements in the interpretations of trademark law over the years, with one such advancement being protection of fictional characters under trademark law.

Trademark 77

Trademark Trademark Law Television Intellectual Property Law 77

The IPKat

DECEMBER 23, 2023

The other two chapters turn to the conceptualisation of nature in patent law. The chapter explores how American nurserymen and seed houses turned to branding strategy and federal trademark law to restrain the circulation of stolen plants and prevent "humbuggers" from taking advantage of their reputations.

Intellectual Property 73

Intellectual Property Designs Design Intellectual Property Law 73

The IPKat

SEPTEMBER 15, 2022

Seen in this light, commercial courts in Russia have resisted turning copyright and trademark law into a political counter-measure against “unfriendly” states. The statue in the picture in the lower middle is the work of József Somogy and the picture is by Burrows, who has put it into the public domain.

IP 132

IP Branding Brands Branding 132

Patently-O

AUGUST 10, 2021

Since the low dosage approach is in the public domain, no private company has sufficient incentive to seek and obtain FDA approval. But that suggestion has fallen on deaf ears — presumably because the lack of patent coverage eliminates the incentive to pay the $$$$ required to obtain FDA approval.

Patent 100

Patent Public Domain Marketing Marketing 100

LexBlog IP

AUGUST 22, 2022

Vintage admits using the Penn State logos but contends that the logos are in the public domain and not subject to trademark protection. This debate has long been an issue in trademark law, and decades-old caselaw left the issue undecided.

Licensing 52

Licensing Trademark Public Domain Registration 52

LexBlog IP

APRIL 15, 2022

Disney should also be strategically liberal in its lawsuits—both under trademark law and under derivative works. While copyright protection expires, trademark protection does not. ” Disney has trademark protection for Mickey Mouse. ” Disney has trademark protection for Mickey Mouse.

Derivative Work 52

Derivative Work Trademark Law Branding Brands 52

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

IP and Legal Filings

OCTOBER 4, 2022

A GCC Trademark Law was issued in 2006. Further revisions to the Law and its executive regulations have been issued and approved in 2015. This law will replace the current Trademark Law of 1992 subsequent to its publication in the Official Gazette by the UAE government.

Intellectual Property 52

Intellectual Property Law Business Designs 52

IIPRD

JULY 4, 2021

Trademark Law. The basic requirement is that a mark shall be distinguishable, non-descriptive, and even not identical or similar to any existing trademark for any mark to be recognized by the Trademark Law.

Intellectual Property 40

Intellectual Property Copyright Law Trademark Trademark Law 40

43(B)log

FEBRUARY 19, 2022

NAACP—these courts very clearly say that trademark law applies to commercial speech, defined as it is in First Amendment case law, and not to noncommercial speech. Some of the work is also done by the idea that trademark control extends only to the name/logo of a congregation and not to other elements of worship.

Trademark Law 72

Trademark Law Trademark Art Branding 72

Copyright Lately

AUGUST 2, 2022

Unlike trademark law, copyright is not a “use it or lose it” proposition. For now, suffice it to say that Barlow & Bear haven’t exactly dedicated their musical to the public domain. Even better, it’s in the public domain. ” Ok, But What If I Wrapped This Up Already?

Music 104

Music Derivative Work Fair Use Cease and Desist 104

43(B)log

JUNE 24, 2022

If we want to leave certain matter in the public domain, we need to account for the ability to create de facto secondary meaning. Could also read morality provisions in EU law in ways to acknowledge freedom of expression and freedom to compete. Yet the company is aggressive against anyone using that term.

Trademark Law 75

Trademark Law Law Trademark Registration 75

The IPKat

OCTOBER 21, 2021

Trademark law and practice may pay less attention, but it remains a potent means of commercial communication. "It", Trademark law made its own accommodation with myths through its treatment of family names, resting on the myth of secondary meaning/acquired distinctiveness. It", being the power of the personal name.

Public Domain 76

Public Domain Trademark Law Trademark Business 76

The IP Law Blog

JANUARY 12, 2023

Such inventions may be protectable under federal patent laws. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

The IPKat

MARCH 7, 2022

Still the Circular does hold out a ray of hope, noting that- [u]nder certain circumstances, names, titles, or short phrases may be protectable under federal or state trademark laws. Unlike a copyright that has a limited term, a trademark can endure for as long as the trademark is used.

Copyright 96

Copyright Trademark IP Public Domain 96

IP and Legal Filings

SEPTEMBER 8, 2021

However, the UK and Spain Patents and Trademark office granted trademark protection to the ‘Bitcoin’ mark and its logo (Registration number: M4046141). The trademark laws used to regulate cryptocurrency-related marks are in their nascent stage. However, this can be prevented with stringent IP laws in place.

Intellectual Property 67

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 67

43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. The court, in a careful opinion, rejected all the claims. The similarities in setting, theme, etc.

Fair Use 52

Fair Use Trademark Copyright Editing 52

SpicyIP

JANUARY 2, 2022

The Court noted that redacting one’s name from a judgment acquitting them is counterproductive when there are other tarnishing publications in the public domain and that access to court judgments are integral to “open justice”, subject only to some exceptions. Top 10 Judgments/Orders [Jurisprudence/Legal Lucidity].

IP 143

IP Intellectual Property Copyright Trademark 143

Technology & Marketing Law Blog

NOVEMBER 27, 2023

I disagreed , and continue to think the Court will uphold the constitutionality of Section 2(c), but the question is what free speech doctrine(s) the Justices will use to make this determination and whether they will provide additional guidance on evaluating First Amendment challenges to trademark laws.

Registration 74

Registration Trademark Blogging Law 74

Technology & Marketing Law Blog

JUNE 21, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] By Guest Blogger Lisa P. Ramsey [Lisa P.

Trademark 99

Trademark Blogging Trademark Law Fair Use 99

43(B)log

JUNE 24, 2022

Does the ornamentality doctrine have doctrinal purchase elsewhere in trademark law? Ramsey: BB is interesting because they used a public domain image on the shirt. 1A and © public domain seem to answer the market definition Q. For example, embedded within analysis of likely confusion factors?

Trademark Law 56

Trademark Law Law Trademark Fair Use 56