Intellectual Property Law Blog

JANUARY 11, 2023

A registered mask work is protected for a period of 10 years after the date on which it is first registered with the United States Copyright Office or the date on which it is first commercially exploited, such as when it is first sold or otherwise used in commerce. Copyright Office Services, chapter 2400, section 2407.

Registration 189

Registration Designs Design Copying 189

The IPKat

JUNE 6, 2022

The Barcelona Appeal Court recently weighed in on the question in the latest stage of the multi-year litigation between PDO “Champagne” and a Spanish tapas bar “Champanillo” (case SAP B 2691/2022 ). As its menu shows , the bars have commercially offering a red sparkling wine in a champagne coupe, under the name of “Champanillo”.

Social Media 128

Social Media Advertising Advertising Designs 128

LexBlog IP

JANUARY 8, 2024

Stay tuned to Big Molecule Watch for more updates on this litigation. The post Regeneron’s Disputes with Celltrion, Samsung Bioepis, and Formcycon on Service and Personal Jurisdiction in Aflibercept BPCIA Litigation appeared first on Big Molecule Watch.

Litigation 52

Litigation Patent Infringement Reporting Marketing 52

Trading Secrets

FEBRUARY 6, 2023

Welcome to the third annual installment of Seyfarth Shaw’s Commercial Litigation Outlook , in which our nationally-recognized team provides insights about litigation issues and trends to expect in 2023. In short, we expect an uneven year where some litigation booms and some busts. to 2:00 p.m. Eastern 12:00 p.m.

Litigation 64

Litigation Privacy Contracts Government 64

Plagiarism Today

JUNE 28, 2022

The internet made it incredibly easy to share photographic works and photographers have watched, largely without recourse, as their images have been used in a variety of ways, including commercially. The cost of litigation meant that, in many cases, demand letters had no teeth. This has led us down some difficult paths.

Copyright 230

Copyright Litigation Plagiarism Copyright Infringement 230

The IPKat

APRIL 13, 2023

The application was for goods and services in classes 16, 33 and 41 (books, wine and cultural and relaxation activities). Thirdly, the examiner considered that the sign should be analysed as an advertisement for television and that it would not identify company of origin of the products/services. 7 (1)(b) of the EUTMR.

Television 95

Television Advertising Advertising Registration 95

The TTABlog

SEPTEMBER 11, 2023

Frequent TTAB litigant Monster Energy Company lost another one. The Board, deeming the first DuPont factor to be dispositive, found that the marks differ sufficiently in their connotations and overall commercial impressions that confusion is unlikely. Monster Energy Company v.

Music 78

Music Designs Design Registration 78

Intellectual Property Law Blog

JANUARY 11, 2023

A registered mask work is protected for a period of 10 years after the date on which it is first registered with the United States Copyright Office or the date on which it is first commercially exploited, such as when it is first sold or otherwise used in commerce. Copyright Office Services, chapter 2400, section 2407.

Registration 130

Registration Designs Design Copying 130

TorrentFreak

AUGUST 14, 2021

In March 2020, with the world gripped by the coronavirus pandemic, the Internet Archive (IA) offered a new service to help displaced learners. The service was not appreciated by book publishers. Specifically, IA wants access to sales data that shows the commercial performance of the plaintiffs’ book titles.

Publishing 145

Publishing Fair Use Copyright Infringement Copyright 145

IP and Legal Filings

FEBRUARY 2, 2024

Introduction A mark represents the institution or company to which it belongs and serves as a means of differentiating goods or services among individuals. Marks can be of various types i.e., word marks, service marks, logos, symbols, series marks, etc [1]. Image Sources: Shutterstock] In Mangalore Ganesh Beedi Works v.

Trademark Law 91

Trademark Law Trademark Law Service Mark 91

LexBlog IP

FEBRUARY 6, 2023

Welcome to the third annual installment of Seyfarth Shaw’s Commercial Litigation Outlook , in which our nationally-recognized team provides insights about litigation issues and trends to expect in 2023. In short, we expect an uneven year where some litigation booms and some busts. to 2:00 p.m. Eastern 12:00 p.m.

Litigation 52

Litigation Privacy Contracts Government 52

Technology & Marketing Law Blog

APRIL 3, 2023

Professor Farley and I propose a trademark fair use defense that would apply to any informational or expressive use of language or designs claimed by another as a mark in connection with any goods or services. Thus, it is easier for the defendant to win on a motion to dismiss under this test.

Blogging 101

Blogging Trademark Fair Use Trademark Law 101

TorrentFreak

OCTOBER 8, 2021

This liability for online services is a hot topic on the political agenda and it’s at the center of several lawsuits in U.S. The makers of films such as “Hunter Killer” and “Dallas Buyers Club” accuse these services of turning a blind eye to piracy. courts as well. Lawsuits Target VPN Piracy. Settlement Reached.

Copyright 140

Copyright Settlement Confidentiality IP 140

The IPKat

MARCH 24, 2024

These companies’ pioneering success has recently led to a proliferation of companies that offer similar customization and personalization services, also for watches from more mid-market brands. for private use) and selling customized watches directly to customers on a larger scale.

IP 70

IP Marketing Marketing Reporting 70

The TTABlog

OCTOBER 27, 2023

The Board granted Cheng Shin's motion for dismissal of Monster's lack-of-bona-fide-intent claim vis-a-vis applicant's services. The Board observed that "[w]hile it is true that, “[t]o be a service, an activity must be primarily for the benefit of someone other than the applicant” (i.e., for others).

Social Media 69

Social Media Registration Advertising Advertising 69

Plagiarism Today

OCTOBER 26, 2021

trademark protects names, slogans and other things that identify a specific business, product or service. However, commercial use of costumes still raises legal questions. The same is true for creating new works based on that costume, such as using it in a film or TV commercial.

Copyright 235

Copyright Trademark Cease and Desist Copying 235

LexBlog IP

MARCH 17, 2022

A freedom to operate opinion (FTO) is a legal opinion from a qualified intellectual property attorney that concludes a proposed commercial product or process may be made, used, sold, or offered for sale without infringing another party’s intellectual property rights. How to obtain a freedom to operate opinion?

Intellectual Property 52

Intellectual Property Litigation Patent Prosecution Marketing 52

Traverse Legal Blog

FEBRUARY 1, 2023

What are the two biggest issues facing all these projects trying to commercialize artificial intelligence and machine learning? The first legal issue involves the upstream and downstream software-as-service terms. Users don’t download your software to use a software-based cloud service. Conclusion.

Contracts 52

Contracts Licensing IP Copyright 52

Selvam & Selvam Blog

NOVEMBER 14, 2022

The Commercial Courts Act (hereinafter referred to as “the Act”) was enacted in 2015 to establish a definite procedural framework for dealing with commercial disputes. Thus, Commercial Courts are made to resolve business issues such as fraud, breach of contract, unfair trade practices etc. its interpretation and enforcement.

Intellectual Property 52

Intellectual Property Litigation Settlement Government 52

Kashishipr

DECEMBER 28, 2021

FTO is a pretty simple and straightforward concept, which implies that at a given point in time, no Intellectual Property (IP) from any third party is infringed upon a given product or service in a given market or geography. Without any doubt, stepping into patent litigation can be uncertain, full of risks, and expensive.

IP 105

IP Patent Invention Licensing 105

IP and Legal Filings

FEBRUARY 20, 2023

Introduction Domain names have begun to play an important role in online commercial activity and can be used to differentiate between various names and origins of goods and services. This process is expensive and selectively entertain cases only against third party trademark violations.

Trademark 90

Trademark Registering Trademarks Registration Trademark Law 90

LexBlog IP

NOVEMBER 17, 2023

This practice, they allege, harms not only Plaintiffs’ interests, but also the interests of those music lyric aggregators and websites that provide similar services, but with a proper license from Plaintiffs. ” Id. at ¶ 10. Thomson Reuters Enter. Ross Intel. 1:20-CV-613-SB, 2023 WL 6210901, at *7 (D. ’” Id.

Music 52

Music Copyright Infringement Publishing Copyright 52

TorrentFreak

JANUARY 27, 2023

In 2009, anti-piracy group BREIN took News-Service Europe (NSE) – one of Europe’s largest Usenet providers at the time – to court. In its initial verdict, the Court concluded that NSE willingly facilitated online piracy through its services. It shut down its service but appealed the case.

Copyright Infringement 126

Copyright Infringement Copyright Music Business 126

Patently-O

SEPTEMBER 30, 2021

confirming that the plaintiff may bypass Article 5 of the Hague Convention on the Service of Process and serve the Chinese defendant through alternative service to attorneys located in California who had represented the defendant in the past. Court of Appeals for the Federal Circuit denied mandamus in In re OnePlus Tech. Shenzhen) Co.

Intellectual Property Law 89

Intellectual Property Law Intellectual Property IP Law 89

Patently-O

FEBRUARY 3, 2023

Taamneh (Can Twitter be held liable for providing a service that aids and abets terrorism, despite its substantial non-violative uses). VIP (Commercial humor leading to fair use or no-infringement/dilution in the TM context) March 27 – Amgen v. Although not a patent case, this issue comes up all the time in patent litigation).

IP 69

IP Fair Use Trademark Law Litigation 69

The TTABlog

JANUARY 30, 2023

The Board found the MONSTER ENERGY mark to be famous for energy drinks but not for restaurant services. Nonetheless, the Board found the marks to be "very similar," the services legally identical in part, and the trade channels and classes of consumers presumably the same. Monster Energy Company v.

Designs 52

Designs Design Registration Litigation 52

Technology & Marketing Law Blog

DECEMBER 11, 2021

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. The court summarizes the plaintiffs’ allegations: Plaintiffs give examples of how PeopleConnect has allegedly exploited their names, likenesses, and so forth for commercial purposes.

Advertising 89

Advertising Advertising Social Media Blogging 89

LexBlog IP

FEBRUARY 8, 2022

For a moment in March 2020, litigation stopped abruptly when the first case of COVID-19 was confirmed in New York. This has a great impact on the ability to serve and the timing for receipt of legal process and interlocutory papers throughout the life of a lawsuit, and many have begun utilizing electronic means to effect service.

Copying 52

Copying Litigation Business Law 52

Kluwer Copyright Blog

APRIL 17, 2023

Nonetheless, the OGL has always been interpreted by the community and legal commentators as a good faith position statement, assuring users against any vexatious litigation. mandate a licence to Wizards of the Coast which permits ‘the perpetual, irrevocable right to use [those commercial works] in any way it sees fit without payment’.

Editing 56

Editing Contracts Publishing Copyright 56

Selvam & Selvam Blog

NOVEMBER 8, 2022

With this legislative intent, Section 12-A of the Commercial Courts Act, 2015 (hereinafter referred to as the Act) was inserted by an amendment in the year 2018. 4) If the parties to the commercial dispute arrive at a settlement, the same shall be reduced into writing and shall be signed by the parties to the dispute and the mediator. (5)

Litigation 52

Litigation Intellectual Property Settlement Government 52

IP Intelligence

JUNE 5, 2023

It is an arrangement that gives a licensee the right to use the licensor’s mark in some manner for some amount of time, with the licensor exercising quality control over the goods offered and services rendered under the mark. Since a license is like any other contract, the licensor can add any number of conditions to the agreement, right?

Licensing 52

Licensing Due Diligence Business Trademark 52

IP Intelligence

JUNE 6, 2023

It is an arrangement that gives a licensee the right to use the licensor’s mark in some manner for some amount of time, with the licensor exercising quality control over the goods offered and services rendered under the mark. Since a license is like any other contract, the licensor can add any number of conditions to the agreement, right?

Licensing 52

Licensing Due Diligence Business Trademark 52

The TTABlog

APRIL 11, 2022

The Board found the services to be overlapping and therefore legally identical. The Board noted that third-party registration evidence "goes to conceptual weakness while third-party use evidence goes to commercial weakness." AUTOMOTIVE LAW disclaimed]. AUTOMOTIVE LAW disclaimed]. But how about the marks? How do you think this came out?

Registration 56

Registration Designs Design Law 56

azrights

JUNE 19, 2023

Although Tesco received an inadequate service from its advertising agency, chances are that at the time, Tesco didn’t realise its agency had delivered a poor service! It’s the same reason why the branding industry gets away with delivering a poor service to clients.

Branding 52

Branding Brands Branding Business 52

LexBlog IP

JANUARY 19, 2024

Regeneron’s Suits Against Proposed Biosimilars of EYLEA The year 2023 saw significant developments in litigation related to biosimilars referencing Regeneron’s EYLEA (aflibercept) product. In parallel with seeking a PI schedule, Regeneron also moved on December 22, 2023 for authorization of alternative service via e-mail.

Settlement 52

Settlement Litigation Patent Reporting 52

LexBlog IP

JUNE 6, 2023

It is an arrangement that gives a licensee the right to use the licensor’s mark in some manner for some amount of time, with the licensor exercising quality control over the goods offered and services rendered under the mark. Not necessarily. This could inadvertently create a franchise and subject you to civil and criminal penalties.

Licensing 52

Licensing Due Diligence Business Intellectual Property 52

SpicyIP

OCTOBER 9, 2023

SEPs & FRAND: Misnomers & Maladies Following the discussion in their co-authored paper titled “SEP Litigations & Issues in Determining the FRAND License” Dr. Victor Vaibhav Tandon and Dr. Ashwini Siwal write on important questions surrounding the technical and jargon-filled world of SEPs and FRANDs.

Social Media 59

Social Media IP Government Copyright 59