The IP Law Blog

MARCH 5, 2021

Generic terms are incapable of functioning as registrable trademarks denoting source, and are not registrable on the Supplemental Register or on the Principal Register after having acquired secondary meaning. Scott discusses this topic with Josh Escovedo in an episode of The Briefing by the IP Law Blog.

Trademark 85

Trademark Branding Brands Branding 85

43(B)log

FEBRUARY 15, 2022

But the PTO’s registration without requiring secondary meaning counseled against finding descriptiveness. BoostLash WooLash (or wool ash, as I would have read it) Similarity: No reasonable consumer would mistake the term “woo” for the term “boost” in terms of “sight, sound, and meaning.” Actual confusion: No record evidence.

Registering Trademarks 72

Registering Trademarks Confidentiality Trademark Advertising 72

Kluwer Copyright Blog

APRIL 22, 2022

Readers interested in the topic, should also note another important study on copyright and AI conducted in parallel and just released by the team of Alain Strowel, Sari Depreeuw, Luc Desaunettes-Barbero et al., 1] (On the topic of AI outputs and derivative works, see here.). Example workflow diagram by artist duo Hyper Music.

Music 67

Music Copyright Derivative Work Ownership 67

LexBlog IP

APRIL 27, 2022

Of the four types of trademarks, fanciful trademarks receive the most protection from trademark infringement since: they did not previously exist in connection with the sale of a good or service; and, carry no prior meaning. Of course, that does not mean that these marks are immune from legal controversy. Suggestive.

Trademark 52

Trademark Branding Brands Branding 52

Patently-O

FEBRUARY 27, 2024

For a PHOSITA, a circle within a chip-design drawing may have a particular meaning that would be meaningless to an ordinary reader. Emphasizing secondary considerations evidence: “Objective indicia may often be the most probative and cogent evidence of nonobviousness in the record.”

Art 120

Art Invention Patent Application Patent 120

Kluwer Copyright Blog

JUNE 30, 2021

Instead of merely using various material including the song in question – added the court – the film combined it with cultural commentary on topics such as gender, sexuality, and the artistic process. Google, Inc. Goldsmith , an early 2021 case on (denied) fair use of photographs depicting the popstar Prince by Andy Warhol.

Fair Use 103

Fair Use Copyright Law Copyright Law 103

The IPKat

JUNE 3, 2022

Preliminary remarks The AG began his Opinion noting how the topic of intermediary liability has always raised novel questions over time. All the above said, the AG did not rule out that liability could be established – on a secondary/indirect basis – in accordance with national law. Let’s see how the AG reasoned.

Marketing 52

Marketing Marketing Advertising Advertising 52

Technology & Marketing Law Blog

JULY 18, 2023

Last but certainly not least, contract law does not include secondary liability doctrines like copyright law, which places liability on those who assist or facilitate violations by others. Second, zooming out further, the case revolves around a topic covered on this blog routinely: data scraping.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

43(B)log

FEBRUARY 16, 2024

It doesn’t really tell us what the “for the most part” caveat might mean, but I’m going to focus on this point: “entitled to protection” is not the same thing as “entitled to the same presumptions, scope of rights or remedies.” That doesn’t mean that 43(a) couldn’t go beyond classic trademark protection.

Trademark 59

Trademark Fair Use Registration False Advertising 59

Kluwer Copyright Blog

FEBRUARY 8, 2024

Image by Rudy and Peter Skitterians from Pixabay In recent years, a so called ‘Secondary Publication Right’ (SPR) has been adopted in a number of European countries and become a policy hot topic at the EU level. The provision also did not provide for an embargo period. It is thus very much in line with the spirit of Title IV, arts.

Publishing 130

Publishing Contracts Art Copyright 130

Copyright Lately

JANUARY 23, 2023

If you’re interested in doing a deeper dive into how all of this works, I recommend following Andres Guadamuz’s blog on the topic.) Sure, there’s a definition included in the 1976 Copyright Act itself, but barrels of ink have been spilled by copyright lawyers, scholars and judges trying to make sense of what it actually means.

Derivative Work 108

Derivative Work Art Copying Fair Use 108

IPilogue

JANUARY 14, 2022

Only descriptive marks that have acquired a “secondary meaning” through use may warrant protection. Our hard-working students and community members published more than twice as many articles than in 2020 and the most articles in a calendar year since 2011. CIPO Addresses the Application Backlog.

IP 106

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).

Design Patent 57

Design Patent Designs Design Patent 57

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).

Design Patent 52

Design Patent Designs Design Patent 52

IP Tech Blog

JANUARY 4, 2023

For more details on the topic of design and the metaverse in China see our previous blog post. of the China Copyright Law defines “reproduction” as making one or more copies of a work by printing, photocopying, rubbing, sound or visual recording, recopying or digitalization thereof, or by any other means. Article 10.1

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

LexBlog IP

JUNE 5, 2023

These were the hot topics in the recently decided Supreme Court case of Andy Warhol Foundation for the Visual Arts, Inc. 569 (1994), which explained that a work is transformative if it “adds something new, with a further purpose or different character, altering the first with new expression, meaning or message.” ” Id.

Fair Use 52

Fair Use Derivative Work Art Licensing 52

LexBlog IP

JANUARY 4, 2023

For more details on the topic of design and the metaverse in China see our previous blog post. of the China Copyright Law defines “reproduction” as making one or more copies of a work by printing, photocopying, rubbing, sound or visual recording, recopying or digitalization thereof, or by any other means. Article 10.1

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Technology & Marketing Law Blog

JANUARY 9, 2024

To buttress its assessment that the plaintiffs are suing over first-party design and not third-party content, the court says: a “but for”/”based on”/”flows from” test is not consistent with a plain meaning analysis of the words Congress chose to employ. The Barrett v.

Publishing 74

Publishing Designs Design Law 74

Technology & Marketing Law Blog

JUNE 20, 2023

Barton Beebe’s empirical work on this topic. On the first factor, “we conclude that the Prince Series is not ‘transformative’ within the meaning of the first factor.” Before 2020, the Supreme Court decided only four fair use cases. In the first, Sony Corp. of America v. Universal City Studios, Inc. , 4th 26, 32 (2d Cir.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

Kluwer Copyright Blog

FEBRUARY 8, 2023

In this upcoming paper, this author takes a different approach to this hot topic. There is no specific legal basis tackling copyright, meaning that EU copyright law-making has not been based on copyright-related reasoning, but instead on the goal of establishing an internal market as per Article 114 TFEU.

Marketing 111

Marketing Marketing Copyright Copyright Law 111

LexBlog IP

JULY 21, 2021

” That can mean rights to the name (or one of the names) itself. It can also mean as the proxy or substitute holder of rights here on earth because no spiritual being will receive a copyright certificate, trademark registrations, or letters patent. Invention and discovery do not bear the same meaning. Ganesh–9.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Fish & Richardson Trademark & Copyright Thoughts

APRIL 1, 2022

Thus far, before Andrew Hirshfeld[12], commissioner for patents, performing the functions and duties of the director, the pendency of director review requests has been nearly two months — approximate mean of 57 days and median of 52 days — significantly longer than the board’s one-month target for rehearing requests.[13]. ”[19].

Patent 52

Patent Art Technology Law 52

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

Technology & Marketing Law Blog

JANUARY 18, 2022

Students: this post surfaces numerous potential paper topics. So obviously this is a quite expansive view of what it means to “create” third-party content. Despite this post’s length, the only thing you will know with confidence after reading this post is that FOSTA is not a good solution to any problem. ICS Provider.

Blogging 119

Blogging Reporting Publishing Law 119

The IPKat

JULY 20, 2021

We soon learn that "Trademark Law Reform" refers to aspirations to tackle contemporary problems in trade mark law worldwide, whether by means of legislative overhaul or not, put to paper by some of the world's leading experts. But make no mistake: behind the cover is a veritable treasure trove of thought-provoking scholarship.

Trademark Law 96

Trademark Law Law Trademark Registration 96

43(B)log

OCTOBER 13, 2021

Likewise, in Warhol , there was no fair use because the secondary work “retain[ed] the essential elements of the [original work] without significantly adding to or altering those elements.” Nature of the work: creative and published, but “the fact that a work is published does not mean that the scope of fair use is per se broader.”

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Fair Use Music Marketing Marketing 83