LexBlog IP

APRIL 27, 2022

Merely Descriptive. Fanciful Versus Merely Descriptive Trademarks. This is a great segue to the next topic which is injunctive relief. Fanciful Versus Merely Descriptive Trademarks. The USPTO generally disfavors merely descriptive marks. Suggestive. Issues with Fanciful Trademark Use.

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Trademark Branding Brands Branding 52

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

The topic of interest is related to both the cellular and molecular aspects of biological objects. Gene patent– Human gene patent results from the cloning and description of sequences of a gene for which a patent will be filled. Biotechnology-the word suggests that this is biological advancement based on technology.

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Patent Inventor Invention Intellectual Property 92

The IPKat

JANUARY 25, 2022

3D trade marks are always a topic of interest, with some proprietors despairing as to whether trade mark law will provide them with any practical protection. The recent decision of the EUIPO’s Board of Appeal may provide some comfort. Volkswagen argued, therefore, that the figurative elements were the dominant parts of the marks.

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Public Domain Registration Licensing Publishing 133

The IPKat

NOVEMBER 27, 2023

Industrial Cleaning Equipment v Intelligent Cleaning Equipment [2023] EWHC 411 (IPEC) (February 2023) The case title might suggest this is a battle between two highly descriptive marks (ala Office Cleaning), but in fact both of these floor cleaning equipment companies had adopted the abbreviation ICE. ICE, ICE, acquiescence maybe?

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Editing Registration Branding Brands 70

The IPKat

OCTOBER 2, 2023

For the ED, the distinguishing feature was also merely an arbitrary selection providing no advantage over the closest prior art. The Examining Division (ED) objected that the application as filed was silent about the technical effect of the feature distinguishing the claimed semiconductor from the prior art.

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The IPKat

AUGUST 1, 2022

The WIPO merely recommends that, "in the spirit of an effective transition", the ST.26 It is an international requirement that the ST.26 26 format applies to any new applications filed on or after 1 July 2022 (regardless of priority date). 26 format should be required for divisionals ( FAQ: Implementation of WIPO ST.26,

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LexBlog IP

AUGUST 28, 2023

However, in a recent case, the Federal Circuit found that a “machine learning” claim element lacked sufficient enablement because both the claim itself and the written description of the patent to which it belonged failed to describe “ how ” the claimed invention implemented this element. ” Id. ” Id.

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Invention Patent Application Art Patent 52

Technology & Marketing Law Blog

JULY 18, 2023

Instead, the SG argued that the case is not a good vehicle for addressing this question, primarily because the alleged contract was a “browsewrap”—allegedly formed merely by using a website and not by taking another more explicit action to signal acceptance. From this perspective, Genius’s complaint is rather standard.

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Blogging Contracts Copyright Law Copyright 90

The IPKat

MAY 22, 2023

Hayleigh Bosher and Coran Darling giving evidence at the Inquiry Artificial intelligence is a highly debated topic in the intellectual property field currently. With the sudden popularity and accessibility of AI systems such as Open AI’s ChatGPT, there has been a lot of attention regarding the regulation and governance of the industry.

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Music Intellectual Property Copyright Technology 82

IPilogue

JANUARY 14, 2022

Like most countries, Canada bars the registration of “clearly descriptive” trademarks to prevent applicants from monopolizing words that merely describe the goods or services at hand. Only descriptive marks that have acquired a “secondary meaning” through use may warrant protection. The Road Less Travelled Cannot be Trademarked.

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IP Copyright Infringement Inventor Intellectual Property 106

IP Tech Blog

AUGUST 22, 2022

We have specifically covered this topic in a previous blog. In order to pass the formal examination and obtain registration, all these design applications were titled in a way so as not to emphasize the metaverse dimension (which was put in brackets as secondary description). Such approaches are for now impossible in China.

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Design Patent Designs Design Patent 57

Copyright Lately

JANUARY 23, 2023

Depending upon who you ask, AI-generated art is either poised to thrust a photorealistic dagger into the throats of millions of commercial artists or is merely a kitschy fad with no lasting aesthetic value. The Danger in Overreaching There’s another, more fundamental problem with plaintiffs’ argument.

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Derivative Work Art Copying Fair Use 108

LexBlog IP

AUGUST 22, 2022

We have specifically covered this topic in a previous blog. In order to pass the formal examination and obtain registration, all these design applications were titled in a way so as not to emphasize the metaverse dimension (which was put in brackets as secondary description). Such approaches are for now impossible in China.

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Design Patent Designs Design Patent 52

The IPKat

NOVEMBER 29, 2022

The survey has been running for almost a week and garnered several comments and emails on the topic. The IPKat, being a cat, has not tested the below providers himself but is merely reporting the experiences of readers below. The authentication certificate has to be stored on a physical security device (smart card or USB stick).

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Reporting Patent Copying Patent Law 57

Trademark and Copyright Law Blog

APRIL 7, 2020

I have personally reviewed every single application I could find on the USPTO TESS system as of April 6, 2020 related in some way to COVID-19, and as you can imagine, many of them are… wanting , whether because the marks are clearly descriptive, obviously informational, or have some other deficiency. CORONAVIRUS: MADE IN CHINA , for apparel.

Trademark 52

Trademark Branding Brands Branding 52

Velocity of Content

DECEMBER 6, 2023

On the assumption that readers might be interested in this topic and less interested in reviewing all the responses, I have pasted below a selection of questions and answers from Copyright Clearance Center’s (CCC’s) own response. With 34 questions asked about both copyright and technology, some parties responses exceed 100 pages.

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Copyright Fair Use Licensing Copying 97

The IPKat

FEBRUARY 24, 2023

The European patent attorney community is currently eagerly awaiting the decision of the Enlarged Board of Appeal referral G 2/21 on the thorny topic of plausibility and post-filed evidence. In the case of a widget, the description will describe the widget and provide an example of how it works and solves the problem.

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Invention Law Patent Publishing 131

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. On appeal, defendants argued that the plaintiff’s description of its trade secrets was inadequate because it did not state which secrets it claimed that the defendant had misappropriated. In Oakwood Lab’ys LLC v. Thanoo , 999 F.3d

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Law Confidentiality Designs Design 59

The IPKat

JUNE 4, 2022

On the topic of unauthorized use of a celebrity’s image, readers might recall the IPKat post covering the high-profile Michael Jordan case in China in 2017. A mere silhouette may only be recognised by ‘very few people who are highly familiar with the plaintiff’ rather than by the general public.

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Personality Rights Music Advertising Advertising 80

SpicyIP

AUGUST 28, 2022

The Narendera Publishing House case provided a more interesting view by regarding copyright as a “privilege” and user interests as the “ competing interest of enriching the public domain” The Rameshwari Photocopy judgment is interesting as it used differing descriptions for Section 52. Sean Flynn for his comments on the topic.

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IP Copyright Fair Use Public Domain 138

LexBlog IP

JULY 21, 2021

1998)], the court determined that the trademark Jews for Jesus was descriptive, and therefore required secondary meaning before trademark protection could be granted.The word “GOD” has been trademarked by a company Morell International, Inc. ” In Jews for Jesus [ v. Brodsky , 993 F.Supp. 282 (D.N.J. ” Id. at 135-36.

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Intellectual Property Invention Trademark Copyright 52

Kluwer Copyright Blog

SEPTEMBER 7, 2022

Chapter 3 carries out a legal mapping of the topic of this report at EU level. 17 CDSMD to fully recognize the nature of the exceptions and limitations in paragraph (7) as “user rights”, rather than mere defences. Our focus here is the legal regime of art. 17 of the Copyright in the Digital Single Market Directive ( CDSMD).

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Technology & Marketing Law Blog

JANUARY 18, 2022

Students: this post surfaces numerous potential paper topics. Indeed, the neutral tools the Ninth Circuit has protected are those that “did not ‘encourage the posting of [unlawful] content’ by merely providing a means for users to publish [what] they created.” THE MINDGEEK LITIGATION. Ruling #1: Doe v. Mindgeek USA Inc.

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Blogging Reporting Publishing Law 119

Technology & Marketing Law Blog

DECEMBER 30, 2021

The reality is that online service providers engage in the inherently expressive editorial function, which is the very antithesis of being a mere common carrier and is a form of speech protected by the First Amendment. ” “Florida tries to defend the “consistency” mandate as a mere regulation of conduct, not speech.

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LexBlog IP

OCTOBER 31, 2022

Rather it is merely a “blueprint.” Alternatively, new laws could be created to specifically address the concerns or topics identified by the AI Bill of Rights. The AI Bill of Rights is a “Blueprint” intended to be compatible with Existing Law. The White House’s AI Bill of Rights does not constitute law.

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Privacy Designs Design Government 52

Technology & Marketing Law Blog

SEPTEMBER 21, 2022

“the Platforms permit any user who agrees to their boilerplate terms of service to communicate on any topic, at any time, and for any reason. Instead, it requires these clinics to disclose information about state-sponsored services—including abortion, anything but an ‘uncontroversial’ topic.” In Herbert v.

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Social Media Publishing Law Blogging 137