The IPKat

NOVEMBER 21, 2021

TRADE MARKS According to Professor Barton Beebe of NYU School of Law, more than 77% of the 20,000 most common English words identically match a EUTM registration, and the remaining 23% of words have negative connotations. Is Europe running out of trade marks? James Nurton posted on IPWatchdog about this question.

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LexBlog IP

JULY 15, 2021

We are making available (through this episode and the next) Trade Secret Roundtable on Developments and Emerging Issues , a program presented by NERA Economic Consulting at which Ben Fink , Russell Beck , and I were panelists, along with Dr. Stephanie Demperio and Vicki Cundiff. So, come join us on Spotify or Apple Podcasts.

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LexBlog IP

AUGUST 2, 2021

Episode 7 of Fairly Competing is out, and it’s a wrap up of our previous episode, Trade Secret Roundtable on Developments and Emerging Issues , a program presented by NERA Economic Consulting. And, because this show is for you , please email Ben , Russell or me with any topics you’d like to hear us discuss.

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LexBlog IP

SEPTEMBER 20, 2021

In this episode, Ben Fink , Russell Beck , and I discuss litigating trade secret cases — including expedited discovery, depositions, protective orders, and hearings on motions for temporary restraining orders and preliminary injunctions — generally and post-COVID. Episode 8 of Fairly Competing is out!

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LexBlog IP

AUGUST 1, 2022

In this episode, Ben , Russell and I take a look back on some of the more significant developments in trade secret and restrictive covenant law in 2021, and give our thoughts on what to expect in 2022. As always, please email Ben , Russell or me with any topics you’d like to hear us discuss.

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The IPKat

JANUARY 16, 2022

In addition, 75% of the fees charged by IP offices (including national IP offices, EUIPO and the Benelux IP Office) for the registration of trade marks and designs will be reimbursed. The panel will focus on raised questions such as: could video games be defined as a piece of art, with all its meanings in terms of copyright?

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Kluwer Copyright Blog

JANUARY 23, 2024

It does seem like the topic of AI and copyright was everywhere in the copyright world last year. While some digital topics have been known to cause a great commotion in copyright circles only to later sink practically without a trace, unless I am mistaken, the issue of the copyright implications of AI is different.

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LexBlog IP

APRIL 11, 2023

The Times applied to register the six Marks in August 2020 for use in connection with columns covering various topics in Class 16 and providing online publications in Class 41. An example specimen for THE NEW OLD AGE mark is below: Source: Op.

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LexBlog IP

JULY 30, 2022

The case provides some interesting lessons for lawyers seeking a preliminary injunction in a trade secret case, including that compelling circumstantial evidence alone — i.e., a former employee downloading 5,000 documents and invoking the 5th Amendment — may not be enough to get you an injunction. Archer Aviation Inc.

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Music Litigation Intellectual Property 52

The IPKat

FEBRUARY 12, 2024

A red-carpet entrance to a volume of 29 chapters by 33 contributors, showing Gendreau's ambitious undertaking: exploring moral rights from every conceivable angle. The topics vary. Another example is the chapter by Christophe Geiger and Elena Izyumenko on the topic of compliance with freedom of expression and moral rights.

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LexBlog IP

JULY 9, 2021

In this episode, Ben Fink , Russell Beck , and I discuss the standards that apply and issues that arise when seeking or defending against an injunction in a trade secret or restrictive covenant case, and how they’ve been impacted by COVID.

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Litigation Music Intellectual Property 52

The IPKat

AUGUST 28, 2021

Copyright PermaKat Eleonora Rosati shared her analysis of the judgment in VG Bild-Kunst (C-392/12), issued by the Court of Justice earlier this year [see also an earlier post by Eleonora on the same topic here ]. Trade marks The SkyKick legal saga continues [earlier instalments discussed by The IPKat here ]. Zappalaglio.

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Technology & Marketing Law Blog

MARCH 8, 2024

Other examples of error-prone IP topics: design patents, where a simple visual comparison of the two works isn’t sufficient to determine infringement; or trade secret litigation, where the item’s trade secret status and ownership is often highly contested.

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The IPKat

MAY 1, 2022

23-24 May 2022 | WIPO – “ Symposium on Trade Secrets and Innovation 2022 ” The WIPO Symposium on Trade Secrets and Innovation will be held on May 23 and 24. The conference will provide attendees with insights on the latest market developments, as well as case law and regulators on this topic.

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The IPKat

FEBRUARY 19, 2023

Conferences, Seminars and other Events UCL – Question to Trade Mark Judges The UCL Institute of Brand and Innovation La (IBIL) and MARQUES , the European Association of Trade Mark Owners, will host the event “ Question to the Trade Mark Judges ” on the 7th March 2023. More information on the event here.

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The IPKat

JULY 30, 2023

The IPKat is pleased to publish a guest post by Kat friend Theodora Goula (Hugo Boss), discussing second-hand fashion and trade mark rights per European law. of the Trade Mark Directive , significant damage to a trademark’s reputation is a valid reason for trademark owners to oppose further commercialization of the goods. Article 15.1

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Branding Brands Branding Advertising 97

The IPKat

FEBRUARY 19, 2024

The case law on the protection of geographical names as trade marks started with the CJEU’s Windsurfing Chiemsee judgment (cases C-108/97 and C-109/97 ). The absolute ground of refusal of descriptive trade marks (now Art. Other noteworthy decisions concerned the trade mark ‘NEUSCHWANSTEIN’.

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The TTABlog

DECEMBER 16, 2022

Numerous screenshots from various third-party websites showed the promotion of goods like applicant’s and registrant’s under the same mark. As to trade channels, the third-party website evidence shows that "goods such as Applicant’s and Registrant’s move in some of the same channels of trade to some of the same classes of consumers."

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Designs Design Copyright 52

TorrentFreak

FEBRUARY 1, 2023

Every year, the Office of the United States Trade Representative ( USTR ) publishes a list of ‘notorious markets’ that facilitate online piracy and related intellectual property crimes. However, the fact that some names have been listed for over a decade, shows that there are no guarantees for improvement.

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The IPKat

DECEMBER 2, 2022

Images generated using text-to-image technology, including DALL-E 2 , Midjourney , and Stable Diffussion , have become a main topic in AI. The illustration below shows the results using the same prompt with a random seed value (noise). Unfair competition and trade secrets protection were never designed to address ownership issues.

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Copyright Related Rights Intellectual Property Law Intellectual Property 145

TorrentFreak

DECEMBER 1, 2022

Like many other file storage platforms, Ulož can be used to share a wide variety of files but according to copyright holders, many people abuse the platform to share pirated music, movies, and TV shows. Over the years, Ulož has been reported to the US Trade Representative as a notorious pirate site several times. App Troubles.

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Television Copyright Reporting Music 125

43(B)log

SEPTEMBER 23, 2021

May 18, 2021) This would make a great student note topic: Is disparate impact “unfair” under state consumer protection laws? By that logic, advertising only to hire men would not be a problem if they’d hire women who showed up regardless.) Conopco, Inc., 20-2696 (8 h Cir. Seems wrong to me.

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LexBlog IP

JANUARY 3, 2022

District Court for the District of Florida, a healthcare product manufacturer’s claim of trade secret misappropriation against a competitor and a customer was thrown out on summary judgement. Healthcare Res. Econatura All Healthy World, LLC , No. 9:20-cv-81501-Matthewman, 2021 U.S. LEXIS 206871 (S.D. at *4-6, 15. at *40, 42, 43, 50.

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Technology & Marketing Law Blog

FEBRUARY 17, 2022

These screenshots (from the complaint) show the alleged copying: I trust the differences are immediately apparent. The court also rejects the trade dress claim because emoji usage is functional. (“You can’t build a product for sending racially diverse emoji if the emoji are not racially diverse.”) Copyright Office.

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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. a of the Design Directive.

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SpicyIP

OCTOBER 19, 2023

Coming back to NIA, among other things , the NIA Act also became known for its objective to codify and consolidate the law of confidentiality and trade secrets – something for which there is no specific law in India. draft Act that attempted to codify trade secret law. I think it was the first (and only?) where Prof.

Patent Prosecution 59

Patent Prosecution Reporting Blogging Patent 59

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.

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Blogging Non-Fungible Tokens IP Intellectual Property 85

The IPKat

JUNE 13, 2022

Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark. Risk of not making return Recent data shows that sales and profits of NFTs are slowing … 8. This said, of course, NFTs are not the only way that digital assets can be marketed and sold.

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LexBlog IP

NOVEMBER 30, 2021

” Concerns about trade secrets or other proprietary information are particularly relevant and are not taken lightly; such concerns can overcome the public interest in access to judicial documents.

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Confidentiality Litigation Privacy Intellectual Property 52

The IPKat

SEPTEMBER 16, 2021

The authors must have been quite busy, particularly in the past two years, diligently tracking the frequent IP law revisions (Trade Mark Law, Anti-Unfair Competition Law Revisions in 2019; Copyright Law and Patent Law Revisions in 2020) and, of course, the promulgation of the Civil Code (and the IP-related provisions therein) in 2020.

Intellectual Property Law 130

Intellectual Property Law Intellectual Property Editing Law 130

IP and Legal Filings

AUGUST 4, 2022

Geographical Indications, which are essentially territorial in nature, are now losing territorial linkages due to global trade and export. This article seeks to examine the impact and effect of the trade of Geographical Indication around the globe. CONCERNS PERTAINING TO QUALITY INTEGRITY DUE TO GLOBAL GI TRADE.

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Artwork Intellectual Property Intellectual Property Law Business 80

The IPKat

MARCH 14, 2022

BIICIL - Revisiting: We, the Robots - 15 March 2022 - London, UK From self-driving cars and high-speed trading to algorithmic decision-making, humankind's daily routine is increasingly dependent on machine learning systems that operate with diminishing human intervention. Register for the event and find more information here.

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Journalism Intellectual Property IP Marketing 67

SpicyIP

NOVEMBER 21, 2022

The Truth Pill , authored by Dinesh Thakur and Prashant Reddy , is a monumental work that convincingly shows that drug regulation is but a myth in India. Topical issues such as traditional medicine and Ayurveda are explained in detail in chapters seven and eight. Incidents that led to states stepping-in to regulate drugs are explored.

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The IPKat

AUGUST 29, 2022

Non-Fungible Tokens (NFTs), ranging from art and literature to fashion and cinema, remain among the hottest legal topics in the world of intangible rights, despite the lack of clear legal regulation. z discuss a recent decision rendered in Turkey, representing the first foray by a Turkish court into these murky legal waters.

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The IPKat

AUGUST 31, 2022

The IPKat is pleased to host the following contribution by Katfriend Marianna Ryan (Edwin Coe and King's College London) on the topical issue of how Decentralised Autonomous Organisations (DAOs) are to be treated and what IP issues come with them. The above example, at the very least, shows that a DAO can own physical property (e.g.

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The IPKat

JULY 17, 2023

unless the complainant can show one of two things: That the challenged use has “no artistic relevance to the underlying work”; or That it “explicitly misleads as to the source or the content of the work.” Bad Spaniels (L), Jack Daniel's (R). It had, in fact, chosen to register several of its other products’ names as trademarks.

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The IPKat

MAY 12, 2024

Over to the team : "Introduction: the UPC shapes its confidentiality regime Confidentiality can be a sensitive topic for parties involved in legal proceedings. Both provisions mirror Articles 9(1) and (2)(a) of the EU Trade Secrets Directive (EU 2016/943). 9 (2) of the trade secrets directive). 6 RoP echoes. 20, 24(1)(a) UPCA ).”

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