Intellectual Property Law Blog

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.

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Government Business Licensing Copyright 237

SpicyIP

FEBRUARY 27, 2024

On the trademark side, relevant is this post by Bhavya Solanki and Medha Bhatt discussing the applicability of the fair use provisions of trademark law to the unauthorized use of trademarks in the virtual world. Then, Arundathi Venkataraman discussed the topic using the case of Garcia v.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 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. I’ve left out the parts specific to registered trademarks and the reference to treaties.

Trademark 59

Trademark Fair Use Registration False Advertising 59

The IPKat

FEBRUARY 12, 2024

The artist behind the painting on the cover graciously permitted reproduction of the work under certain conditions, including the use of a pseudonym. Jay Dougherty brings the reader to the other side of the Atlantic, discussing contractual substitutes for moral rights in the US motion picture industry. The topics vary.

Moral Rights 73

Moral Rights IP Intellectual Property Public Domain 73

LexBlog IP

DECEMBER 13, 2022

The individual strain of flower can be protected as a plant patent, but this form of protection is rarely used and can be viewed as weak. Most patent protection is found “upstream” of the flower itself and within the agricultural technology that was used to produce the flower in the first place.

Technology 52

Technology Intellectual Property Trademark IP 52

LexBlog IP

APRIL 11, 2023

In a precedential decision, the Trademark Trial and Appeal Board (the “Board”) reversed six refusals to register The New York Times Company’s (the “Times”) names of its newspaper columns, THE NEW OLD AGE, A GOOD APPETITE, HUNGRY CITY, WORK FRIEND, OFF THE SHELF, and LIKE A BOSS (the “Marks”).

Registration 52

Registration Trademark Advertising Advertising 52

Chicago IP

MAY 12, 2021

Of particular note: Carjams’ claim that Putco should be limited to ten topics, without some agreement by the parties, was not supported by the Federal Rules or the law. The Court would not prevent damages topics because Carjams intended to use a damages expert. Damages was still an appropriate topic for a corporate deposition.

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Patent Patent Application Art Licensing 40

Technology & Marketing Law Blog

JANUARY 2, 2023

Also, did the law ban delivery services from buying keyword ads based on the retailers’ trademarks? As to the criticisms, concerns, and non-defamatory allegations relating to government employees, such speech is core protected activity under the First Amendment. Los Lunas Schools Board of Education, 2022 WL 14008397 (D.N.M.

Trademark 84

Trademark Social Media Registering Trademarks Intellectual Property 84

The IPKat

DECEMBER 5, 2021

The United Kingdom Intellectual Property Office (UKIPO) launched a public consultation on artificial intelligence (AI) and intellectual property on 29 October 2021 to assess whether the current IP regime strikes the appropriate balance to encourage the development of AI and its use across the UK economy.

Blogging 67

Blogging IP Intellectual Property Publishing 67

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. Can you use it in the ways you want to? Instead, they provide templates tweakable using AI.

Designs 52

Designs Design Trademark Copyright 52

IP and Legal Filings

JULY 5, 2023

Introduction Trademarks are recognised phrases, words, or symbols that designate a certain item and lawfully distinguish it from all other items of the same type. A trademark is a valuable intellectual property that businesses use to differentiate their brand from their competitors’ in the market.

Trademark 59

Trademark Registration Branding Brands 59

Plagiarism Today

NOVEMBER 22, 2021

They are two topics not routinely paired with stuffing and turkey. Just a reminder that, if you want to give thanks this Thanksgiving, it’s probably best to use your own words. However, with the myriad of traditional and non-traditional dishes comes a great deal of recipe seeking, sharing and writing.

Plagiarism 179

Plagiarism Copyright Public Domain Music 179

The IPKat

JANUARY 16, 2022

In addition, the fund provides for the reimbursement of 50% of the fees charged by the World Intellectual Property Organisation (WIPO) for obtaining international trademark and design protection, as well as the reimbursement of 50% of the fees charged by national patent offices for patent applications in 2022.

Intellectual Property 80

Intellectual Property Registration IP Copyright 80

The IPKat

MARCH 27, 2022

Topics included the territorial scope of existing marks, the potential need to expand the specifications of trade marks used in the Metaverse, the importance of clearance searches before entering this environment, and the consideration of co-existence agreements to avoid conflicts. April is just around the corner! Returning to U.S.

Blogging 76

Blogging IP Reporting Journalism 76

Corsearch

FEBRUARY 15, 2024

These accounts may use similar usernames, logos, and content to deceive users into believing they are interacting with the legitimate brand. Selling counterfeit goods Bad actors may use fake accounts to promote and sell fake products, often imitating genuine brands or offering counterfeit merchandise.

Branding 59

Branding Brands Branding Social Media 59

IP Tech Blog

AUGUST 22, 2022

The latter, in particular, are assuming the form of non-physical goods that can be transacted and used in this totally immersive internet through Virtual Reality and Augmented Reality tools and devices, and many consumer brands are entering the Metaverse through gaming, social networks and virtual commerce.

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Design Patent Designs Design Patent 57

43(B)log

FEBRUARY 15, 2022

Defendants also allegedly unlawfully used variations of the Boost’s trademark “BoostLash,” as an adword. But we're here for the trademark parts of the case! BoostLash” is a registered trademark for “non-medicated eyelash growth serum.” They allegedly copied Woo’s “business things” for Boost.

Registering Trademarks 72

Registering Trademarks Confidentiality Trademark Advertising 72

SpicyIP

MARCH 4, 2024

Please let us know in the comments below. 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.

Invention 59

Invention Trademark IP Patent 59

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

FEBRUARY 19, 2024

The court held that geographical indications must be free to be used by all, not least because they may be an indication of the quality and other characteristics of the goods concerned, and may also, in various ways, influence consumer tastes by, for instance, associating the goods with a place that may give rise to a favourable response.

Art 62

Art Registration Designs Design 62

Plagiarism Today

OCTOBER 27, 2021

Yesterday, we looked at the myriad of ways that copyright and trademark impact Halloween costumes. Though not a deep article, it’s an interesting overview of the topic and a look at the copyright challenges we face running our small haunted house. Those include, music, movie characters, costumes, and stories.

Plagiarism 208

Plagiarism Copyright Public Domain Copyright Infringement 208

IP Tech Blog

JANUARY 4, 2023

The emergence of blockchain-supported Non-Fungible Tokens (NFTs) has captured the interest of the entertainment and business worlds in the past couple of years. Is this the same in the US and China? Can other IP rights like trademarks play a role in protecting NFTs? Copyrights in the US are protected under the U.S.

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IP Ownership Non-Fungible Tokens Copyright Law 109

LexBlog IP

AUGUST 22, 2022

The latter, in particular, are assuming the form of non-physical goods that can be transacted and used in this totally immersive internet through Virtual Reality and Augmented Reality tools and devices, and many consumer brands are entering the Metaverse through gaming, social networks and virtual commerce.

Design Patent 52

Design Patent Designs Design Patent 52

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. Photo by Engin Akyurt ( Unsplash ). David Vaver.

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IP Copyright Infringement Inventor Intellectual Property 106

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 9, 2021

Another person or entity has applied for a trademark at the United States Patent and Trademark Office (the “USPTO”) that is similar to your trademark. One option is to institute an opposition with the Trademark Trial and Appeal Board (the “TTAB”) to challenge their registration of the mark. What can you do?

Litigation 59

Litigation Trademark Registering Trademarks Registration 59

SpicyIP

JUNE 19, 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 119

IP Fair Use Invention Copyright 119

The IPKat

MARCH 6, 2022

TRADE MARKS The so-called "metaverse" and "non-fungible tokens" (NFTs) have generated hype among technology enthusiasts over the past two years. In addition, potential and tangible intersections between intellectual property and these trending topics were recently discussed by The Trademark Lawyer Magazine.

Blogging 85

Blogging Non-Fungible Tokens IP Intellectual Property 85

IP and Legal Filings

JANUARY 19, 2023

Introduction Be it a trademark, patent, copyright, intellectual property has become an important part of the company’s success. As Revlon has also established its position in India so, considering the ‘trademark’, Revlon has a connection with India. In the case of Revlon Inc.

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Intellectual Property Licensing Trademark IP 82

SpicyIP

NOVEMBER 8, 2023

After all, reflecting on what’s passed helps us anticipate what’s ahead. They included stories of the Patent Agent examination, the Indian Innovation Act, the opening of the Trademark database, the presumption of patent validity, and the South Asian Basmati fights and more. Is Creative Commons a solution?

Trademark 59

Trademark Publishing Journalism Copyright 59

Intepat

JUNE 19, 2023

The various forms of intellectual property are already well known- trademarks, patents, copyrights, industrial designs, trade secrets, domain names and geographical indications. Furthermore, trademarks and domain names are registered on a first to file basis. An inappropriate strategy may lead to botched results.

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Intellectual Property Due Diligence Ownership Invention 52

SpicyIP

JULY 5, 2021

Topical Highlight. Delhi High Court Clarifies Law on Arbitrability of Trademark Disputes. In this guest post , Rounak Doshi discusses the position of law on arbitrability of trademark disputes in light of the Delhi High Court’s recent decision in Golden Tobie Private Ltd. Golden Tobacco Ltd. Thematic Highlight.

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Intellectual Property Trademark Licensing Copyright 105

SpicyIP

OCTOBER 19, 2023

In the past, much like intrepid time travelers, we journeyed through the months of June , July , and August , uncovering how some stories like the Mashelkar Report, the National Biotechnology Regulatory Authority (NBRA) Bill, the Whistleblower Act, or the Indian “Bayh Dole” Bill, unfolded with time.

Patent Prosecution 59

Patent Prosecution Reporting Blogging Patent 59

TorrentFreak

FEBRUARY 24, 2023

In August 2022, Japanese manga publisher Shueisha filed an ex parte application at a California district court seeking information for use in a foreign proceeding – a lawsuit in Vietnam or Japan targeting pirate site operators. Hoping to identify the operators of pirate manga sites including gokumanga.com and doki1001.com,

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Publishing Advertising Advertising Music 120

The IPKat

OCTOBER 9, 2023

Especially the following remain the subject of complex negotiations until today: Should a national office be allowed to oblige applicants to disclose if the design makes use of traditional knowledge , traditional cultural expressions or genetic resources? Suitably styled to attend the Diplomatic Conference The DLT has been a long time coming.

Designs 70

Designs Design Law Trademark 70

SpicyIP

AUGUST 2, 2021

Topical Highlight. A Parliamentary Standing Committee Report that Challenges the Fine Balances Within the IP System. In a guest post , Dr. Arul George Scaria writes about the macro and structural issues with the recently released Parliamentary Standing Committee Report on IPR. The post focuses on three methodological flaws in the Report.

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Reporting Designs Design Copyright 116

IPilogue

DECEMBER 9, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. It’s no secret that memes have taken the internet by storm. Copyrighting a Meme. Originality.

Copyright 89

Copyright Artistic Work Copying Intellectual Property 89

Olartemoure Blog

NOVEMBER 17, 2021

Local contract and case law is full of mandatory norms that render very important clauses null and void, and the fact that handshake agreements and informality is still quite in fashion seems alarming for studies used to long agreements drafted by sophisticated attorneys.

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Intellectual Property Artwork Privacy Contracts 52