SpicyIP

JANUARY 20, 2024

Source – From Flickr’s Kevin Lim “Are Some Scholars More Equal than Others?,” One of the things we were told to keep in mind, was to ensure that scholars from the Global South received appropriate visibility. And finding works from women scholars from this region was even more difficult.

Government 112

Government IP Intellectual Property Reporting 112

Patent Trademark Blog

JUNE 20, 2023

Some argue that fixed fee patents do not provide a good value. Patent lawyers may be tempted to bill more hours in working on a patent application. Common sense would dictate that value is determined by the price paid for the benefit of a service received. The price paid must be gauged in relation to the benefit received.

Patent Application 52

Patent Application Patent Art Designs 52

LexBlog IP

SEPTEMBER 6, 2023

In our previous post, we discussed how a cannabis business can take steps to avoid potential trademark infringement claims. In this release, we will discuss how a cannabis business can use trademarks for brand protection – despite the fact that federal law prohibits filing a cannabis-related trademark.

Trademark 52

Trademark Registration Ownership Business 52

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. I’m going to start by going back to some earlier cases, Two Pesos v. Taco Cabana, from 1992.

Trademark 59

Trademark Fair Use Registration False Advertising 59

LexBlog IP

DECEMBER 26, 2023

The legal world is buzzing about AI and its use for all kinds of things, including generating logos, text, and other things people would normally want to register for copyright or trademark protection. There have been some court decisions on this precise topic, but the law is not completely settled.

Designs 52

Designs Design Trademark Copyright 52

SpicyIP

OCTOBER 6, 2023

Image from here [ This post has been co-authored with Swaraj and Nivrati Gupta. for instance, see here and here for the works which are presented as similar.) Anyhow, before going further into that, let us first lay out the background a bit more clearly. Long post ahead. ] identical) video moments.

Ownership 105

Ownership Business Copyright Copyright Infringement 105

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

It claims to focus on “counterfeits” that could harm consumer “health and safety,” but those are both lies designed to make the bill seem narrower and more balanced than it actually is. In other words, the law will produce outcomes that are directly opposite to what we want from Congress.

Trademark 136

Trademark False Advertising Advertising Advertising 136

Technology & Marketing Law Blog

DECEMBER 9, 2022

This part debunks some of the myths that have grown up around the hiQ case during the years of judicial confusion it has caused.]. Someone has referred you here because you’ve said something wrong about the laws related to web scraping in the United States. You’ve Been Referred Here Because You’re Wrong About The First Amendment.”

Blogging 116

Blogging Law Contracts Cease and Desist 116

Patent Trademark Blog

JUNE 15, 2023

Some say patents are worthless. Others say patents matter. And, if getting a patent is worth some amount of your money and time, how do you proceed responsibly without spending too much before your product even shows potential? Here is the conundrum. Do patents matter? Thinking of filing a patent? What is the solution?

Design Patent 52

Design Patent Patent Patent Application Designs 52

Kluwer Copyright Blog

JANUARY 26, 2022

“Web3 cannot and should not be reduced to blockchain when the real shift is towards user ownership of digital assets… This definitional shift focuses attention on what assets can be legally owned and the meaning of ownership “rights,” more generally, in the emerging digital spaces of web3.”. . related to commercializing other creative works.

Ownership 117

Ownership IP Non-Fungible Tokens Technology 117

SpicyIP

JANUARY 4, 2023

He’s written several posts for us in the past and they can be found here. An extreme reading of the text of the majority view, although improbable to be accepted, would be- the decision extends protection of Fundamental Rights (FRs) against private legal persons as well. Kaushal Kishor v. Akshat Agrawal. State of U.P.

Copyright Law 105

Copyright Law Copyright Law IP 105

LexBlog IP

DECEMBER 6, 2022

Arbitrary trademarks are common dictionary words that are unrelated to the goods or services sold under the trademark. An arbitrary trademark is one of five other United States Patent and Trademark Office (“USPTO”) trademark types. Other types include: Fanciful (or “Coined”).

Trademark 52

Trademark Branding Brands Branding 52

LexBlog IP

APRIL 23, 2022

There are 45 total Trademark Classes, also known as “International Classes” or simply “Classes.” ” The United States Patent and Trademark Office (“USPTO”) categorizes trademarks by “Classes.” A video of me explaining the trademark classes. What Are Trademark Classes?

Trademark 52

Trademark Business Music Advertising 52

Copyright Lately

AUGUST 2, 2022

The full story behind Netflix’s copyright infringement lawsuit against Barlow & Bear, and why it’s actually a win for the fan fiction community. It’s usually on the receiving end of the “I came up with it first!” When it comes to copyright cases, Netflix has seen stranger things. on July 26, 2022.

Music 104

Music Derivative Work Fair Use Cease and Desist 104

SpicyIP

JULY 14, 2023

His previous posts on the blog can be accessed here and here. We esteemed each other, had many long conversations, and I miss him. That’s right, because he focused more on patents — their ever-greening, their negative social impact — where facts are your primary weapons. Views expressed are those of the author’s.

Moral Rights 93

Moral Rights Publishing Copyright Music 93

LexBlog IP

DECEMBER 30, 2021

There are 45 total International Trademark Classes. The United States Patent and Trademark Office (“USPTO”) uses these Classes to categorize trademarks. The classification system is critical because trademarks identify a source of goods and/or services that distinguish the trademark from others.

Trademark 52

Trademark Business Cinema Music 52

LexBlog IP

MARCH 28, 2023

On March 22, 2023, the Supreme Court heard oral argument in the trademark parody case captioned Jack Daniel’s Properties, Inc. 1125(c)(3)(C), thus barring as a matter of law a claim of dilution by tarnishment under the Trademark Dilution Revision Act (TDRA). That’s—that’s why we won below. VIP Products LLC. BLATT: Absolutely.

Branding 52

Branding Brands Branding Trademark 52

SpicyIP

MARCH 30, 2023

Image from here [ This post is authored by SpicyIP intern Srujan Sangai. Dabur, who is no stranger to product disparagement litigations, (see here , here and here ) approached the Calcutta High Court, alleging disparagement. Srujan is a second-year BA LLB student at the National Law School of India University, Bengaluru.

Trademark 59

Trademark Advertising Advertising Intellectual Property 59

LexBlog IP

MARCH 28, 2023

On March 22, 2023, the Supreme Court heard oral argument in the trademark parody case captioned Jack Daniel’s Properties, Inc. § 1125(c)(3)(C), thus barring as a matter of law a claim of dilution by tarnishment under the Trademark Dilution Revision Act (TDRA). .” That’s—that’s why we won below.

Branding 52

Branding Brands Branding Trademark 52

LexBlog IP

DECEMBER 3, 2021

The shift to online marketplaces has created an incredible boom for some, and significant loss to others. Branding has become more important than ever, particularly in developing an online presence through search engines, various online platforms, and social media. Online Marketplace Protection.

Branding 52

Branding Brands Branding Intellectual Property 52

LexBlog IP

MAY 2, 2023

Some of these issues are specific to doing business with the government and others are broader issues that all companies face when using AI, and generative AI (GAI) in particular. This rapid increase in the use of AI creates a number of legal issues, some of which are addressed below.

Government 52

Government Business Copyright Licensing 52

LexBlog IP

OCTOBER 25, 2023

” Mother and son are quickly converted, hungry to read — and here Verghese secures his opus’s through-line. After reading a book, Philipose explains to Ammachi, “I’ve lived through three generations and learned more about the world and about myself than I do during a year in school. Can I read it?”

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

43(B)log

FEBRUARY 22, 2022

The other sessions overlapped with my teaching, unfortunately, including Register Perlmutter’s opening remarks. 11:00AM – 12:30PM Session 2 Meta, Rob Arcamona: Meta takes © and creativity very seriously, developed content protection tools beyond legal obligation. Large part of what makes developer community from other communities.

Copyright 45

Copyright Fair Use Music Licensing 45

43(B)log

FEBRUARY 17, 2022

Because the supplement facts here are less generalizable than the survey methodologies, I will try to skip over lots of detail, but a fair amount of the detail is legal. ChromaDex used to just supply ingredients to others, but it launched Tru Niagen, a DTC supplement whose active ingredient is Niagen. 17-cv-7394 (LJL) (S.D.N.Y.

Advertising 80

Advertising Advertising False Advertising Marketing 80

Patent Trademark Blog

MAY 8, 2024

What if someone else filed for a similar trademark first? I can’t tell you all the reasons why people delay filing a trademark application. Others have already applied for similar trademarks. What are your options if you wish to file for a similar trademark? Need guidance on registering a trademark?

Trademark 52

Trademark Registration Registering Trademarks Blogging 52

azrights

MAY 3, 2022

As a trademark lawyer, I began to ask myself why? Brand Tuned was a difficult book to write because although I had dealt with trademark registration and brand protection work, and had explored the concept of brand in my Legally Branded book, I didn’t have a deep understanding of it. The world of branding needs to change.

Branding 119

Branding Brands Branding Registration 119

LexBlog IP

JULY 21, 2021

That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation?” Having greater revenue than Microsoft and Apple combined is the 21 st century equivalent of saying, “we’re bigger than U.S.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

SpicyIP

FEBRUARY 12, 2024

After an eventful week, here is our recap of its top IP developments. Tejaswini brings us a quick update, along with some questions of her own. Comments on the Proposed Trademarks (1st Amendment) Rules, 2024 The recently proposed Trademark Rules amendments were open for comments in a period ending today.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

43(B)log

MARCH 21, 2022

The district court kicked out the trade dress claim on summary judgment and sent the other claims to the jury, which returned a verdict favoring Bimbo on both and awarded over $2 million in damages for trade secret misappropriation, which the court increased by nearly $800,000 for willfulness. Bakery’s position that its products are local.

False Advertising 72

False Advertising Advertising Advertising Designs 72

SpicyIP

MAY 8, 2022

The IP Reveries series is an experimental ‘fun’ series set in an imaginary classroom where we are using a dialogue format to raise questions and discussions around IP that traditionally don’t find a place to get voiced either due to long standing assumptions, or due to being seen as ‘too trivial’ to discuss in more formal settings.

IP 98

IP Invention Inventor Music 98

IP and Legal Filings

JANUARY 21, 2022

In an LLP one partner is not responsible for the misconduct and negligence of the other partner. The name of the LLP should be such that it is not similar to the name of any existing LLP or Trademark registration. There are several reasons why people opt for LLP registration in India over Private Limited Company incorporation.

Registration 73

Registration Business Designs Design 73

SpicyIP

DECEMBER 30, 2023

As in previous years, we have divided these developments into five categories: a) Top 10 IP Judgements/Orders (Topicality/Impact) b) Top 10 IP Judgements/Orders (Jurisprudence/Legal Lucidity) c) Top 10 IP Legislative and Policy Related Developments d) Other IP Developments; and e) Other Notable Developments. A special thanks to Mr. G.

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

MARCH 27, 2023

More generally, a Generative AI model can create new content in the form of text, images, audio, or the like. This is why ChatGPT seems so knowledgeable about a vast array of topics and subject areas. Wikipedia), articles, and other information available on the Internet. ” Id.

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

With the PTAB’s constitutional defect now cured, the post-grant world refocused its attention back to more typical matters – discretionary denial, institution reviewability, and the one-year time bar, among other issues. For even more 2021 post-grant updates, please see our Post-Grant 2021 Year in Review webinar here.

Reporting 52

Reporting Art Invention Patent 52

Patent Trademark Blog

DECEMBER 2, 2021

Most US applicants will likely file their PCT applications with the USPTO as the receiving office (RO). Note that the above list is sorted is descending order with the EPO being the most expensive ISA for a small entity at roughly $1,000 more than the USPTO. Current government fees for ISAs can be found here.

Intellectual Property 40

Intellectual Property Art Invention Reporting 40

43(B)log

FEBRUARY 3, 2023

Assumption: benefits for some correlate w/burdens for others: my loaf of bread isn’t mine any more if I give it to you. Gratitude: obligation to reciprocate is function of benefit to recipient, so we should measure it by value received. If we adhere to one, we violate the other. standards.

False Advertising 45

False Advertising Trademark Advertising Advertising 45

LexBlog IP

AUGUST 31, 2022

you have given the lion fierce teeth and claws, and the elephant formidable tusks; you have given the deer swiftness of legs, and the turtle a protective shell; you have given the birds of flight wings, but you have left me altogether defenseless.’ Needing A Good Laugh : Humor’s Place In Law & Society. Falwell did years ago.

Fair Use 52

Fair Use Trademark Moral Rights Law 52