The IPKat

NOVEMBER 27, 2023

By decision of 9 October 2023, the Board of Appeal (BoA) of EUIPO annulled the initial refusal to register a position trade mark for footwear. Background On 12 April 2022 Paredes Holding Center SL (the Applicant) filed an application for the EU registration of the position trade mark no. 7 (1)(b) of the EUTMR. 7 (1)(b) of the EUTMR.

Television 73

Television Branding Brands Branding 73

LexBlog IP

JULY 13, 2022

From experience, EUIPO’s guidance on such topic is more than welcome to avoid hazardous process as the terms non-fungible tokens and NFTs were not seen as acceptable on their own by the EUIPO and led to several refusal from the office.

Non-Fungible Tokens 52

Non-Fungible Tokens Intellectual Property Editing Designs 52

The IPKat

MARCH 9, 2023

A Kat in an hotel room Trade marks Giorgio Luceri examined the judgments in T-568/21 and T-569/21 issued by the General Court, on 1 February 2023, relating to two trade mark oppositions filed by Google against the trade mark applications for the signs "GOOGLE CAR" and "GC GOOGLE CAR".

Registration 67

Registration Inventor Designs Design 67

LexBlog IP

FEBRUARY 2, 2024

Venture capital firms, angel investor groups, and high net-worth individuals (collectively, “ Investors ”) are common sources tapped for obtaining that much-needed cash. In these scenarios, the Investors provide cash to the Corporation in exchange for shares of the Corporation’s preferred stock.

Government 64

Government Confidentiality Registration Business 64

The IPKat

MAY 8, 2022

Mr Geoffrey Hobbs QC, sitting as the Appointed Person, assessed the legal competence of the UK IPO to raise bad faith as a ground of refusal of its own motion, finding their approach “legally deficient”. GTS was invited to file letters of consent signed by Henry and Ronaldinho, but failed to do so. 3587268 and No. 3587268 and No.

Licensing 92

Licensing Related Rights Registration Publishing 92

TorrentFreak

JANUARY 24, 2024

Early last year, a group of filmmakers obtained a subpoena, requesting Reddit to reveal the identities of users who commented on piracy-related topics. A few weeks after this setback, the rightsholders filed another request , seeking similar information for use in their lawsuit against ISP Grande.

IP 100

IP Copying Copyright 100

LexBlog IP

FEBRUARY 23, 2023

Lizzo thought so as her trademark holding company, Lizzo LLC, filed several applications for the phrase 100% THAT B H for a variety of goods and services including two applications covering clothing items. 1] Further, applicants may be dead in the water as a failure to function refusal is an absolute bar to registration.

Trademark 40

Trademark Music Registration Patent 40

The IPKat

SEPTEMBER 4, 2023

The UKIPO refused the SPC application on the grounds that the marketing authorisation recited safinamide alone as the active ingredient, and not safinamide in combination with levodopa, as specified in the patent. The marketing authorisation in the case specifically recited the active ingredient "safinamide".

Art 117

Art Marketing Marketing Patent 117

TorrentFreak

DECEMBER 13, 2022

On June 17, 2022, around a month before alleged SmoothStreams operators Marshall Macciacchera and Antonio Macciacchera were targeted in person, the plaintiffs filed a statement of claim detailing their copyright infringement allegations. When users of popular IPTV provider SmoothStreams.tv Execution of Interim Order. Plaintiffs Demand More.

Television 122

Television Reporting Copyright Infringement Law 122

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. I think it was the first (and only?)

Patent Prosecution 59

Patent Prosecution Reporting Blogging Patent 59

The IPKat

FEBRUARY 6, 2022

Topics will include access and substantial similarity, fair use, performers' rights, moral rights, expert testimony, the role of lay listeners, sound sampling as it appears in court and out-of-court litigation. For more information and to register, click here. The course consists of 10 sessions via Zoom.

Intellectual Property 78

Intellectual Property Moral Rights Privacy Copyright Infringement 78

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

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. com – were also among the targets in the ex parte application filed last August.

Publishing 120

Publishing Advertising Advertising Music 120

The IPKat

AUGUST 1, 2022

26 sequence listings for newly filed European divisional applications. There is an international requirement for the DNA, RNA and protein sequences disclosed in a patent application to be provided in a sequence listing. Sequence listings are used by patent offices to search the prior art for the listed sequences. 26 standard. The shift to ST.26,

Patent Application 82

Patent Application Patent Copying Publishing 82

TorrentFreak

MAY 16, 2022

Neither does the group chase down people who share its music in a friendly way on social media or file-sharing networks. In 2018, Watch Tower filed an application for a DMCA subpoena to compel YouTube/Google to hand over his details. Again, he refused to compromise his identity, an excellent decision considering what was to follow.

Fair Use 122

Fair Use Copyright Litigation Music 122

The IPKat

FEBRUARY 27, 2023

The General Court has recently confirmed with decision T-253/22 the refusal of the application for trade mark registration of the verbal sign “ Sustainability through Quality ”. It therefore also expressed a general and abstract business philosophy. The applicant appealed the decision to the GC.

Trademark 132

Trademark Advertising Advertising Marketing 132

Kashishipr

JANUARY 12, 2022

They qualify as a metadata tag and aid the user to create, identify, follow, and contribute to a particular conversation or a topic on social networking sites and across other internet applications. What’s in a #Hashtag? Although hashtags do not need a formal introduction, let’s address the elephant in the room.

Trademark 105

Trademark Registration Registering Trademarks Social Media 105

IPilogue

DECEMBER 13, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. At the time, Mykie filed a complaint through the app and in Snapchat’s view the filter did not infringe any copyrights. The sound of your alarm marks the start to your day. What if that filter features a makeup artist’s work?

Social Media 111

Social Media Intellectual Property Copyright Designs 111

Patently-O

SEPTEMBER 7, 2022

Later, those two companies formed an official partnership to develop a C3-binding protein (the same topic for which Amyndas had shared data). Zealand’s patent applications also published relating to the same topic. You’ll note that Section 1391(b) states that proper venue is a location where the defendant “resides.”

Music 56

Music Contracts Confidentiality Litigation 56

The IPKat

FEBRUARY 19, 2024

The absolute ground of refusal of descriptive trade marks (now Art. It was filed for many goods and services in classes 14, 16, 25 and 35, including jewellery, coins, stationery, greeting cards, paperweights, stamps, clothing and retail services for a broad range of goods such as cosmetics, stationery and foodstuff.

Art 62

Art Registration Designs Design 62

TorrentFreak

APRIL 24, 2023

The EC refused and offered existing law as the solution. Perhaps fittingly given the topic, the EC’s report has already leaked online and according to reports, rightsholders are underwhelmed by the document, to put it mildly. For rightsholders claiming to have exhausted its limits, that clearly wasn’t ideal.

Reporting 109

Reporting Advertising Advertising Law 109

TorrentFreak

MAY 15, 2023

For musician Maria Schneider, whose class action lawsuit against YouTube will head to a jury trial next month, the status quo and its alleged facilitator have been a constant topic of discussion for well over a decade. What Do Whore Houses, Meth Labs, and YouTube Have in Common? “OK, I know: that title really hits below the belt.

Copyright 129

Copyright Intellectual Property Business Licensing 129

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.

Reporting 116

Reporting Designs Design Copyright 116

IP and Legal Filings

FEBRUARY 12, 2023

It is a longstanding topic of debate in economic and legal circles: Hot to marry the innovative bride and the competition groom?” [i] So far, for a market to be welfare for the consumer it is very important that there should always remain a tendency of competitiveness between all the players in the market.

Intellectual Property 52

Intellectual Property Law Intellectual Property Law Marketing 52

The IPKat

JANUARY 9, 2022

She noted that while PCT filings increased overall by about 4%, the increase was felt more in biopharma, medical devices, organic chemistry. Each speaker brought unique national and international perspectives across industries, technologies, and IP subject matter to the discussion. Adam Ernette (UIC) reports on the seminar.

Reporting 57

Reporting Law IP Patent 57

The IPKat

AUGUST 4, 2021

On 29 November 2017, an individual named Seng Lei (‘Seng’) filed an application (No. 8) of the Trade Mark Law of China (TML, 2013 Amendment),* an absolute ground for refusal and invalidity that applies when a sign is ‘detrimental to socialist morality or mores or having any other adverse effect’. According to that, the Court found ‘???’

Intellectual Property 62

Intellectual Property IP Law Registration 62

The IPKat

DECEMBER 28, 2021

The prohibition against double patenting prevents the grant of more than one European patent application having the same filing date and applicant, and directed to the same subject matter. The biggest (or at least the most controversial) story of the year was the referral to the EBA on the legality of mandatory ViCo oral proceedings (G 1/21).

Invention 67

Invention Publishing Patent Law 67

LexBlog IP

AUGUST 31, 2021

The decision rejected HTC’s argument that the non-discrimination portion of the FRAND commitment required Ericsson to give HTC the same licensing terms as given larger mobile device manufacturers, because that would convert the ETSI FRAND commitment into a most-favored-licensee approach that ETSI had refused to adopt. Background.

Licensing 52

Licensing Contracts Law Patent Law 52

The IPKat

SEPTEMBER 5, 2023

And InterDigital’s reliance on publicly available information from their SEC filings can be misleading ([923]). Then it moved on to the inevitable topic of appeal. The Judge declined to put any weight on InterDigital’s top-down analysis. By consistently seeking supra-FRAND rates, InterDigital did not act as a willing licensor ([928]).

Technology 67

Technology Publishing Reporting Marketing 67

LexBlog IP

DECEMBER 26, 2023

There have been some court decisions on this precise topic, but the law is not completely settled. These generators also don’t address other issues that can lead to refusal to register a trademark. But what rights do you have to what it creates for you? Can you use it in the ways you want to?

Designs 52

Designs Design Trademark Copyright 52

LexBlog IP

APRIL 27, 2022

Filing a fanciful trademark comes with significant benefits, namely: Presumption of exclusivity : Because fanciful marks are coined, the is a presumption (i.e., EXXON is an example of a fanciful trademark because it was created solely to function as a trademark and has no meaning. Suggestive. Merely Descriptive. death by generic use).

Trademark 52

Trademark Branding Brands Branding 52

Corsearch

FEBRUARY 3, 2023

We received a number of fantastic questions, covering topics such as the implications of recent legislation on Cloudflare’s operations, enforcement best practices and alternate forms of recourse, and further insights on what Cloudflare should be doing to tackle the issue. As of 2022, over 41% of the top 10,000 websites use a CDN [2].

Social Media 52

Social Media Branding Brands Branding 52

Technology & Marketing Law Blog

SEPTEMBER 19, 2021

Among other problems, the law dictates how “social media platforms” can make their editorial decisions. Fortunately, a Florida federal judge blocked Florida’s social media censorship law as unconstitutional. As expected, Florida has appealed the ruling to the 11th Circuit. The Florida Appellate Brief.

Social Media 99

Social Media Government Blogging Publishing 99

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. Image from here.

Intellectual Property 105

Intellectual Property Trademark Licensing Copyright 105

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

For more information about any topic herein, please see our October 20, 2020 webinar, “ IP and Cannabis: The Current Landscape ,” or contact your Fish attorney. Cannabis [i] is a rapidly growing industry; in 2019, overall sales of cannabis products legal under state law were estimated to be worth $13.6 billion by 2025. [ii] FDA Regulation.

IP 52

IP Registration Trademark Branding 52

DuetsBlog

SEPTEMBER 8, 2020

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. Nor will submitting a substitute specimen overcome this refusal.”. Welcome back to another edition of Merely Informational and Incapable Marks.

Registration 59

Registration Branding Brands Branding 59

The IPKat

NOVEMBER 27, 2023

Acquiescence is a topic of interest following the CJEU in Heitec (see Volume 9 ) and the UK Court of Appeal in Combe (see Volume 12 ). Darren Meale of Simmons & Simmons presents the thirteenth volume in his rundown of notable trade mark cases over the past six months. ICE, ICE, acquiescence maybe?

Editing 70

Editing Registration Branding Brands 70