The IPKat

APRIL 27, 2023

Eleonora Rosati discussed a CJEU decision on communication to the public under Article 3 of the InfoSoc Directive, which drew a distinction between broadcasting music on a plane or train, being a communication to the public, and installing sound equipment (and enabling software), which is not.

Reporting 67

Reporting Advertising Advertising Music 67

The TTABlog

DECEMBER 16, 2022

Applicant argued the design portion of the cited mark is dominant, but the Board disagreed. The Board found that [d]espite the relatively large size of the cited mark’s design, it is a simple design, and because it is a plant in a mound of dirt, the depiction reinforces the use of NATURES in the literal portion of the mark."

Designs 52

Designs Design Copyright 52

IP and Legal Filings

JULY 5, 2023

In India, trademarks are controlled by the Trade Marks Act 1999, which lays out several rules that clarify the system and stages required for registering a trademark. When you register your trade mark in a certain class, you restrict others from registering similar or slightly similar trade marks in the same class.

Trademark 59

Trademark Registration Branding Brands 59

43(B)log

FEBRUARY 15, 2022

The only coherent way to test descriptiveness is to ask what’s required to connect two things you already know about—the mark and the goods/services—rather than asking whether the goods/services can be guessed from the mark alone.] “BoostLash” is a registered trademark for “non-medicated eyelash growth serum.” Well, for what ?

Registering Trademarks 72

Registering Trademarks Confidentiality Trademark Advertising 72

IPilogue

DECEMBER 13, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. The sound of your alarm marks the start to your day. Adding a pair of bunny ears or retro sunglasses to your picture sounds harmless, right? What if that filter features a makeup artist’s work?

Social Media 111

Social Media Intellectual Property Copyright Designs 111

The IPKat

FEBRUARY 21, 2022

This Conference marks the 25th anniversary of the Boards of Appeal and will bring together leading intellectual property experts from multiple jurisdictions, representing a broad spectrum of professional interests with representatives from some of the leading IP offices, lawmakers, judges, academics, and lawyers. Registration is open here.

Intellectual Property 67

Intellectual Property Moral Rights Registration Editing 67

The IPKat

SEPTEMBER 21, 2022

First up was the now-traditional EU and US Case Law Update presented by Jan Bernd Nordemann ( Nordemann ) and Vanessa Bailey ( Head of Patent Policy, Amazon ) that took the early morning attendees on a roller coaster ride of recent American and European trade mark, design, copyright and patent case-law. Quentin Tarantino et al.

IP 76

IP Reporting Designs Design 76

TorrentFreak

NOVEMBER 15, 2023

Delivered via TV, radio and the internet, public service announcements enlighten the masses on topics seemingly so complex, they’re only fully understood by the few. ” The final horror story manages to sound even more miserable than the others. “At first, out of curiosity, I went to the gambling site.

Advertising 102

Advertising Advertising Reporting Government 102

LexBlog IP

MARCH 6, 2023

The illegality doctrine, as it sounds, is the premise that a plaintiff can’t use a court of law to safeguard illegal activity. The authors will be following up on this topic with an article analyzing the reasoning once we have more fully reviewed the transcript. § 863 (d)(1)-(15) listing per se drug paraphernalia).

Litigation 52

Litigation Patent Design Patent Patent Application 52

Technology & Marketing Law Blog

JANUARY 2, 2023

Topics of conversation ranged from innocuous to serious, encompassing posts about parents discussing their own children, snow days and school closures, the school calendar, criticisms and concerns regarding District employees, and allegations that a District principal threatened a student. ” * Garrapata, LLC v. Norok Innovation, Inc.,

Trademark 84

Trademark Social Media Registering Trademarks Intellectual Property 84

Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property attorney, I am often battered with questions about the topic. Perform sound recordings publicly through digital audio transmission. The mark must also be distinctive, so it cannot be too similar to a mark already in use. ™ is similar to marking your territory.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

SpicyIP

JUNE 19, 2022

IP is a ‘Right’ and that sounds completely fine to me. invention, mark, movie etc.), Whereas, a trademark is a set of claims, potentially perpetual, given to the registered proprietor of the mark to exclude others from utilising that mark in a commercial manner or manner that can confuse consumers. Mindy: Yes.

IP 119

IP Fair Use Invention Copyright 119

Nelligan Law

FEBRUARY 28, 2022

For instance, an associate whose first language is not English who has been told that they “don’t sound Canadian” will face a completely different host of pressures in preparing for oral argument than a lawyer whose accent has never been questioned. For instance, leadership can notice and make space to mark cultural holidays.

Law 74

Law Settlement Reporting Business 74

Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property (IP) attorney, I am often battered with questions about the topic. Perform sound recordings publicly through digital audio transmission. While copyright protects works or art, trademarks protect words, symbols, slogans, or even sounds that identify products or services.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

The IPKat

FEBRUARY 21, 2022

As many of our readers know one of the most recurrent tax-related topics that come into discussion in the IP field is the so-called Patent Box (sometimes also - more properly - defined as the Innovation Box since it is not all about patents ).

Designs 70

Designs Design Patent IP 70

LexBlog IP

SEPTEMBER 29, 2022

Leo the Lion has been the most regular star of MGM Pictures since it was founded on this day in 1924, and his roar is probably the sound most commonly associated with the studio. The uproar also includes numerous articles by diverse scholars and various bloggers expressing a renewed interest in sound marks in many countries.

Trademark 52

Trademark Registration Music Intellectual Property 52

Technology & Marketing Law Blog

AUGUST 30, 2021

Court of Appeals for the Ninth Circuit held that California Civil Code section 980(a)(2) , which grants “exclusive ownership” of a sound recording fixed before February 15, 1972, to its “author,” provides only an exclusive right of reproduction and distribution, and does not provide an exclusive right of public performance.

Blogging 83

Blogging Copyright Settlement Music 83

SpicyIP

JANUARY 9, 2023

whereby the court held the mark to be in custody of the court and held the registration of the mark ‘Jawa’ in favor of Respondent no. With regard to this, she highlights, that this may result into a situation where the proprietor can sleep on its duties to renew the mark under the veil of infringement by others.

Trademark 105

Trademark IP Registration Reporting 105

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

The IPKat

NOVEMBER 29, 2021

Following discussions with Bill Cornish, our topic of ‘law and genetics’ was narrowed to ‘law and human genetics’; and, with Bill’s encouragement, a number of exploratory papers were presented at a workshop in Cambridge, leading to a special issue of the Modern Law Review which was then re-published by Hart. Professor Mark D.

Intellectual Property 80

Intellectual Property Intellectual Property Law IP Law 80

IP and Legal Filings

JANUARY 30, 2023

[Image Sources : Shutterstock] The Sensorama Machine, invented by Morton Heilig in 1962, created a simulation of riding a motorcycle where the user could experience the vibrations of the bike, sounds, and scents associated with the ride while immersed in a 3D video environment. The Trademarks Act 1999 along with trade Marks Rules 2002.

Intellectual Property 85

Intellectual Property Non-Fungible Tokens Trademark Copyright 85

SpicyIP

JANUARY 2, 2022

This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). Top 10 Judgments/Orders [Topicality/Impact]. The main question dealt with by the Court were whether the communication of sound recording amount to communication of underlying works. H Lundbeck A/S v.

IP 143

IP Intellectual Property Copyright Trademark 143

The IPKat

DECEMBER 12, 2023

The topics covered include non-traditional trade marks, a research exemption, patents and public goods, authors’ remuneration, access to medicines, copyright and digital platforms, user-generated content and many more! While there are 19 chapters to choose from, here is further detail on a couple of this Kat’s favourites.

Intellectual Property 73

Intellectual Property Intellectual Property Law Moral Rights Editing 73

SpicyIP

JULY 11, 2021

Topical Highlight. Varsha also discussed a copyright infringement suit against a certain unknown people who had posted original sound recordings created by late Kuchipudi artist Vempati Ravi Shankar on their Facebook and Instagram pages. which mention the word/mark ‘CrossFit’ from all social media webpages [8 July 2021].

Moral Rights 105

Moral Rights Journalism Licensing IP 105

TorrentFreak

APRIL 1, 2024

[Opening theme music plays, followed by the sound of a car engine starting up and revving loudly. We suggested that Alan should be allowed to wander off-topic with his trademark anecdotes before being quickly brought back by his guest. Everything in the interview below was generated by AI. Let’s move on.

Music 93

Music Copying Art Copyright 93

SpicyIP

FEBRUARY 5, 2024

Last week we published 9 posts on topics such as the Patent (2 nd Amendment) Rules, the Delhi High Court-Butter Chicken Controversy, and developments regarding the public search and e-register feature of the TMR website. The Sweet Sound of Victory? After an eventful week, here is our recap of its top IP developments. media coverage!

Trademark 59

Trademark Settlement Licensing Copyright Infringement 59

Velocity of Content

MARCH 22, 2023

For more details on this complicated topic, see Circular 30.) Unlike natural persons, corporations potentially live forever, as Mark Twain pointed out as long ago as 1906. Works produced by employees, in the normal course of their employment, are presumptively works-made-for-hire.

Copyright 98

Copyright Publishing Social Media Artistic Work 98

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

This is a topic I used as a sample exam idea in the 1990s). Mark similarity. “Luxy” is different from the marks at issue. The issue is using the plaintiff’s marks in the keyword metatags and as triggers for keyword ads). ” (How about this: let’s not). Competitive proximity. Actual confusion.

Advertising 98

Advertising Advertising Trademark Settlement 98

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

§1052(a) , which precludes registering “immoral” or “scandalous” marks or those that “falsely suggest a connection with.beliefs, or bring them into contempt, or disrepute.” courts have denied registration to religious marks as being offensive to other believers or to non-believers. ” Id.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Kluwer Copyright Blog

SEPTEMBER 29, 2022

Importantly, the DA Proposal marks the (provisional) end of the debate around the potential creation of ownership in data, or a new IP right for “data producers”. Among the seven loosely interconnected topics in the Proposal, two chapters are expected to establish new entitlements that bear traits of data portability rights.

IP 56

IP Ownership Marketing Marketing 56

Technology & Marketing Law Blog

JUNE 20, 2023

For example, when a sound recording of a musical work gets played on Spotify, both the owner of the copyright in the musical work and the owner of copyright in the sound recording (the derivative work) are entitled to royalties for the public performance. Barton Beebe’s empirical work on this topic. of America v.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

JIPL Online

FEBRUARY 25, 2021

The key to controlling one’s own music is to control one’s “master” recording, which is the original sound recording of a song. [3] 3] The copyright in a sound recording is distinct from the other copyrightable aspects underlying the musical composition, such as the copyright in the music, beat, lyrics, word, or other underlying content. [4]

Music 98

Music Ownership Copyright Law Contracts 98

LexBlog IP

MARCH 12, 2023

Staying on the topic of Rule 12(b)(6) motions, during the course of my review of these cases each month, I am seeing a trend by federal courts denying these motions on the trade secret claims but sometimes dismissing other tort claims. .”

Blogging 52

Blogging Litigation Ownership Reporting 52

Technology & Marketing Law Blog

JANUARY 28, 2022

The court says a catch-all provision in the name-rights section references “other names and marks,” so the Designer’s Name is intended to be distinct from the trademarks. Our first post on this topic, blogging the dispute over the @OMGFacts Twitter account , was over ten years ago!) JLM posted a bond ($200K) in the district court.

Social Media 89

Social Media Ownership Contracts Privacy 89