LexBlog IP

FEBRUARY 1, 2024

The question in that case was whether the creator of an expressive work, a work that enjoys First Amendment protection, could be liable under the Lanham Act and state right of publicity laws for using a celebrity’s name in the title of that expressive work. Vip Products. In Punchbowl Inc. v AJ Press, the plaintiff, Punchbowl Inc.,

Television 52

Television Trademark Registration Government 52

SpicyIP

AUGUST 2, 2021

Topical Highlight. In Part I , I covered the suggested amendments to Section 3 of the Patents Act which concerns the exclusion of certain subject matters from patent protection. India’s Accession to the Locarno Agreement: Amendments to the Design Rules, 2001 & Other Impacts.

Reporting 116

Reporting Designs Design Copyright 116

LexBlog IP

APRIL 27, 2022

A fanciful trademark is the strongest trademark type and, in addition to providing examples below, we define it as one that is “coined” for the purpose of serving as a trademark. EXXON is an example of a fanciful trademark because it was created solely to function as a trademark and has no meaning.

Trademark 52

Trademark Branding Brands Branding 52

The IPKat

OCTOBER 31, 2021

Events NYU Law Forum - Memes on Memes and the New Creativity On 3 November 2021, NYU Law Forum - Memes on Memes and the New Creativity will be held online at 5:45PM (CET) for a discussion on the First Amendment, intellectual property, and art law to place a phenomenon of our digital era into a broader legal, historical, and cultural context.

Intellectual Property 67

Intellectual Property Intellectual Property Law Social Media IP 67

SpicyIP

MARCH 4, 2024

Here is another round of SpicyIP flashbacks by Lokesh, where he looks into a variety of topics ranging from IP and Gaming to Biodiversity and Benefit Sharing! Navigating Denied Filings: Trademark Justice at the Crossroads of the Commercial Courts Act DHC’s recent order in TTK Prestige v. Oppo proceedings.

Invention 59

Invention Trademark IP Patent 59

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. Tam and Brunetti, striking down various bars on registration. Taco Cabana, from 1992. Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Introducing the College of Patent Agents & Trademark Agents. On June 28, 2021 , the College of Patent Agents and Trademark Agents Act came into force. Trademark Law. Parody in Trademarks is No Joke.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

IP Tech Blog

AUGUST 22, 2022

Fashion brands, for example, are filing trademark applications in the US, Japan and the EU to secure protection for the use of their brands on digital projections of their apparel, shoes and accessories that are transacted in the Metaverse. We have specifically covered this topic in a previous blog. Other countries are lagging behind.

Design Patent 57

Design Patent Designs Design Patent 57

LexBlog IP

AUGUST 22, 2022

Fashion brands, for example, are filing trademark applications in the US, Japan and the EU to secure protection for the use of their brands on digital projections of their apparel, shoes and accessories that are transacted in the Metaverse. We have specifically covered this topic in a previous blog. Other countries are lagging behind.

Design Patent 52

Design Patent Designs Design Patent 52

The IPKat

JANUARY 9, 2022

Christian Thomas (Kuhnen & Wacker), discussed issues such as (1) changes to the Chinese trademark system, including changes to the review of bad faith applications; (2) registrability of and search tools for multimedia and non-traditional marks across jurisdictions; (3) the U.S. The panel also consisted of Ms.

Reporting 57

Reporting Law IP Patent 57

LexBlog IP

JANUARY 18, 2022

With apologies to those who prefer a classic menu, I’ll be approaching these topics in coming weeks in a mezze fashion, with several items arranged to whet your appetite and enrich your knowledge. This one is for trademark fans as well as cooks and has an interesting backstory. Olive Oil and State Pride. See illustration.).

Law 52

Law Trademark Branding Brands 52

DuetsBlog

SEPTEMBER 8, 2020

above-door signage , wondering if Applebee’s ever has attempted to seek federal registration. Seemed like a great blog topic, for some day, given my distaste for the USPTO’s insatiable appetite for fusing informational refusals with trademark incapability. Nonetheless, I’ve assumed that the USPTO would reject Welcome Back!

Registration 59

Registration Branding Brands Branding 59

SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

SpicyIP

JANUARY 2, 2022

This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). We’ve tried to represent a diversity of subject matter also in this list, so we have a fair sprinkling of cases dealing with copyright, patents, trademarks, competition law etc. c) Top 10 Other IP Developments.

IP 143

IP Intellectual Property Copyright Trademark 143

LexBlog IP

SEPTEMBER 29, 2022

(I am unaware of any reported comparison, but I did find the latter compared to a toilet flushing and have seen the former’s trademark suffer indignities at times too ). Every sound trademark seems not only to signify something but to raise a question or two as well. Hence, the title of this piece and the discussion below.

Trademark 52

Trademark Registration Music Intellectual Property 52

SpicyIP

JULY 19, 2021

Topical Highlight. The Cinematograph (Amendment) Bill 2021: Overbroad, Disproportionate and Unnecessary. In this post , Adyasha analyses the Cinematograph (Amendment) Bill 2021 (‘Bill’) which seeks ‘ to tackle the menace of film piracy ’, and is a revision of the Cinematograph (Amendment) Bill 2019.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

Kluwer Copyright Blog

DECEMBER 4, 2023

Top 3 Kluwer Copyright Blog posts 1) Generative AI, Copyright and the AI Act by João Pedro Quintais “ Generative AI is one of the hot topics in copyright law today. Top 3 Kluwer Trademark Blog posts 1) Brothers in arms. Here are the most popular posts over the past few months. “ Part 2 of this post is available here.

Blogging 64

Blogging Law IP Copyright 64

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. RDB and Co.

IP 124

IP Copyright Trademark Intellectual Property 124

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?” context to see how various other countries have responded to such challenges as well, not only in copyright but in trademark and patent too.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

The IPKat

NOVEMBER 8, 2023

Don't worry, there's still plenty of Katfood to snack on this week: AI Copyright Lecture Next month, Professor Pablo Fernández Carballo-Calero ( University of Vigo ) will give a lecture on the topic "Artificial intelligence works: towards a new concept of author in the field of Copyright Law?" Details and registration here.

IP 57

IP Intellectual Property Registration Copyright Law 57

Patently-O

DECEMBER 12, 2021

Can you register a famous person’s name as your trademark without their consent? Patent and Trademark Office interprets this to mean no, never, no matter what. 1] Under this provision, the PTO routinely denies registration to marks that appear calculated to capitalize on the famous person’s name to sell products.

Registration 69

Registration Government Advertising Advertising 69