SpicyIP

JANUARY 1, 2024

AI and copyright: Prompts and Intellectual Inputs This Time from China Recently in a copyright infringement dispute concerning a work generated by using an AI, the Beijing Internet Court held that it qualifies as an original work of human intellectual achievement. Read Aparajita’s post to know more about the development. Defendant no.

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Intellectual Property IP Licensing Copyright 105

IP Law 360

MARCH 10, 2023

The CEO of a talent management company suing Samsung for trademark infringement spent a combative day on the witness stand Friday, frequently veering off-topic under cross-examination and giving long answers that were often stricken, prompting the California federal judge overseeing the trial to lament, "We cannot go on like this."

Trademark 75

Trademark 75

The IPKat

MARCH 7, 2024

The Case of Upcycling”, Irene Calboli and Siroos Tanner address the IP dimension of upcycling and explore ways to prevent this environmentally friendly practice from being hindered by claims of potential trademark and copyright infringement. centred perspective, it — unsurprisingly —managed to grasp the essence of the topic globally.

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Intellectual Property False Advertising Editing Settlement 57

LexBlog IP

FEBRUARY 20, 2024

As a firm of trademark and alcohol attorneys, it’s always a thrill when those two topics collide, especially on a major stage. The suit centered around allegations of trademark infringement and trademark dilution. ” Trademark dilution is something we haven’t talked as much about.

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Branding Brands Branding Trademark 52

LexBlog IP

JUNE 29, 2023

Section 101 Issues (Subject Matter Eligibility) I look forward to working on this year’s upcoming paper to advance these topics further. Subscribe to get updates to this post or to receive future posts from PatentNext. Start a discussion or reach out to the author, Ryan Phelan, at rphelan@marshallip.com or 312-474-6607.

Non-Fungible Tokens 52

Non-Fungible Tokens Technology Intellectual Property Intellectual Property Law 52

Intellectual Property Law Blog

JUNE 9, 2021

Fake goods jeopardize public health and safety when a brand’s trademark is applied to a sub-standard and potentially harmful product. The Lanham Act defines ‘trademark counterfeiting’ as producing or selling a product bearing a false trademark that is an intentional copy of a genuine trademark (15 USC §1127).

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Branding Brands Branding Cease and Desist 147

SpicyIP

AUGUST 27, 2021

Like last year, we kept the topic selection open to participants – asking them to choose any topic they wanted so long as it related to IP. Nonetheless, we were glad to see entries across a range of interesting topics and are very happy to see relatively uncommon topics take the podium places.

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Law IP Editing Intellectual Property 137

The IPKat

MARCH 4, 2023

In the first post she discussed the Copyright Amendment Bill in relation to the fact that, recently, the South Africa’s National Council of Provinces had began the first set of public hearings on the same topic. The second one is linked to the MP’s opposition to the Bill.

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Designs Design Intellectual Property Settlement 67

The IPKat

SEPTEMBER 10, 2023

The report examines the issues with determining where an alleged IPR infringement has been committed, especially given the developments during the transition from Web 2.0 Readers can respond to the consultation with their views on these topics, before 11:59am on 31 October 2023. to Web 3.0.

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Intellectual Property Designs Design Reporting 70

Patently-O

DECEMBER 5, 2023

Judge Stoll will separately join Erika Arner (Finnegan) for what looks to be an interesting discussion on IPR/Infringement litigation interplay. Featured talks from both David Gooder, Commissioner for Trademarks and Mollybeth Kocialski, Director of the Rocky Mountain USPTO. Lots more here – check out the agenda.

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Intellectual Property Law Patent Prosecution Intellectual Property Patent Law 69

The TTABlog

JUNE 22, 2023

Ramsey of the University of San Diego School of Law have just published an article on a very timely topic: "Raising the Threshold for Trademark Infringement to Protect Free Expression," 72 American University Law Review 1179 (2023). These defensive trademark doctrines, however, are narrow and often vary by jurisdiction.

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Trademark Trademark Law Fair Use Blogging 52

Erik K Pelton

FEBRUARY 2, 2021

The following is an edited transcript of my video, When Is the Right Time to Register a Trademark? I was recently asked, “When is the best time to apply for trademark registration?” ” Of course, every situation is unique and if you have a particular trademark situation or question, you should consult an attorney.

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Trademark Registration Social Media Branding 130

Corsearch

APRIL 5, 2024

On March 19th, the trademark community came together in the heart of New York City for an exclusive event that promised to be both informative and enriching. Attended by 150 trademark experts, the event proved to be a resounding success, offering a blend of networking opportunities and engaging Continuing Legal Education (CLE) sessions.

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Trademark Confidentiality Branding Brands 59

Erik K Pelton

MAY 9, 2022

The following is an edited transcript of my video Sounds, Colors, Scents, and Other Nontraditional Trademarks. Non-traditional trademarks are those things that indicate the source of a brand, but are not brand names, logos, or slogans. Buildings can be registered as trademarks. That’s a registered trademark.

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Trademark Registering Trademarks Registration Designs 189

The IPKat

NOVEMBER 29, 2023

It, however, appears that the sign Crompouce® was registered as a trademark with the Benelux Office for Intellectual Property (BOIP) already in 2020 and the design was registered as a Benelux design in the same year. In the media, a discussion emerged among Dutch IP professionals about whether Crompouce® is a valid trademark?

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Cease and Desist IP Trademark Designs 76

LexBlog IP

FEBRUARY 1, 2024

The holding in the Supreme Court case, Jack Daniels Properties v VIP Products , the case of the infringing Bad Spaniels dog toy, limits the applicability of the Rogers test. The dispute involved a claim by Jack Daniel’s that a dog toy infringed a number of its trademarks. Vip Products. In Punchbowl Inc. Punchbowl Inc.

Television 52

Television Trademark Registration Government 52

The IPKat

AUGUST 10, 2023

The ChatGPT-creator, OpenAI, has initiated a trademark infringement and unfair competition lawsuit against the (unaffiliated) Open Artificial Intelligence, Inc., Late last month, one of the first plant variety infringement cases was decided in China since the entry into force of their new Seed Law on 1 March 2022. Details here.

Designs 52

Designs Design Settlement Trademark 52

SpicyIP

JUNE 17, 2022

Revlon, however, has a more direct connection with India in the trademark sense. The Trade Marks Registry (TMR) lists Revlon and its related brands as ‘well-known’ trademarks in India since 1997. The commercial implications of being declared a well-known trademark are tremendous. v Sarita Manufacturing Co., 1997 PTC 394.

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Trademark Social Media Branding Brands 126

The IPKat

NOVEMBER 21, 2021

Global trademark and design applications boom in 2020! The International Trademark Association (INTA) held its 2021 Annual Meeting Virtual+ in a hybrid format consisting of five days of sessions (November, 15-19) in New York, Berlin and Los Angeles. Is Europe running out of trade marks? WTR has written an article about it!

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Blogging IP Moral Rights Copyright 73

Corsearch

FEBRUARY 15, 2024

Provide steps on how to manually remove counterfeits and infringing content from the platform. Common scams on X/ Twitter There are various infringement scams to be on the lookout for on X/ Twitter. Trademark infringement Unauthorized use of your brand name, logo, or other trademarked elements.

Branding 59

Branding Brands Branding Social Media 59

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. Relevant here are Arun C.

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Non-Fungible Tokens Copyright Business Moral Rights 59

LexBlog IP

MAY 15, 2023

The International Trademark Association Annual Meeting takes place in Singapore from May 16 through May 20, 2023. The INTA meeting is the world’s largest gathering of trademark practitioners, corporate counsel, and brand owners. These can be used to monitor infringing domain names, trademarks, logos, and counterfeit websites.

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Social Media Branding Brands Branding 40

TorrentFreak

DECEMBER 11, 2022

YouTube is an incredible site with an unbelievable amount of content covering every conceivable topic. These problems and more were solved by an unofficial YouTube project called ‘YouTube Vanced’, or simply ‘Vanced’ for the trademark aware. But it’s certainly not perfect.

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Licensing Copyright Infringement Copyright Advertising 143

IPilogue

DECEMBER 6, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. On October 5, HBC filed a statement of claim at the Federal Court of Canada against a Quebec family for trademark infringement, depreciation of goodwill, and passing off. The Zellers Trademark: Then and Now.

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Trademark Intellectual Property Intellectual Property Law Registration 111

The IPKat

JULY 17, 2023

The Rogers test requires, in the case of “expressive works”, the dismissal of an infringement claim at the outset. Only if either of these limbs apply will the court proceed to an assessment of likelihood of confusion, as is the ordinary course for trademark infringement actions. Bad Spaniels (L), Jack Daniel's (R).

Fair Use 52

Fair Use Trademark Designs Design 52

SpicyIP

MARCH 4, 2024

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. Oppo proceedings.

Invention 59

Invention Trademark IP Patent 59

IP and Legal Filings

MARCH 7, 2022

A trademark is a symbol, word, or phrase used by a corporate organisation or other legal body to distinguish their product from that of another firm and to identify their product. As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement.

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Trademark Law Registering Trademarks Branding 60

The IPKat

NOVEMBER 14, 2021

This week, a controversy involving a famous Hollywood actor damaging one of Banksy’s artworks has taken the news and Aaron Moss, on Copyright Lately, discusses the possibility of Banksy suing the actor based on infringement of his (?) This is the question Miquel Peguera raises on Kluwer Copyright Blog, alongside his analysis of the topic.

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Blogging IP Moral Rights Artwork 113

The IP Law Blog

MARCH 5, 2021

, the executives at Peloton believe that the trademark SPIN is of great importance. Last month (February, 2021), Peloton filed petitions to cancel the trademarks SPIN and SPINNING for physical fitness instruction and for stationary exercise bicycles on the grounds that the marks are generic. This is commonly referred to as Genericide.

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Trademark Branding Brands Branding 85

The IPKat

DECEMBER 5, 2021

Further analysis on the topics of authorship of computer-generated works, text and data mining exception, and inventorship in case of inventions created by AIs was published on the Kluwer Copyright Blog. The SpicyIP blog published a brief analysis of the situation and explained why the topic of cultural appropriation matters even more today.

Blogging 67

Blogging IP Intellectual Property Publishing 67

IP and Legal Filings

MARCH 7, 2022

A trademark is a symbol, word, or phrase used by a corporate organisation or other legal body to distinguish their product from that of another firm and to identify their product. As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement.

Trademark 57

Trademark Law Registering Trademarks Branding 57

Trademark and Copyright Law Blog

DECEMBER 1, 2021

While patents and trademarks often receive the lion’s share of an organization’s intellectual property focus, copyrights comprise a critical third prong to a healthy overarching IP strategy – even for companies whose products and services involve little or no content creation. Topics Discussed. How and when to register copyrights.

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Copyright Content Creation Intellectual Property Copyright Law 40

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.

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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. Returning to U.S. jurisdiction, the U.S.

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Blogging IP Reporting Journalism 76

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. There have been some court decisions on this precise topic, but the law is not completely settled.

Designs 52

Designs Design Trademark Copyright 52

IP Tech Blog

FEBRUARY 10, 2022

In June 2021 the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever provisions on administrative injunctions against the infringement of a design patents, including online infringements. I covered this topic in more details in a previous blog ( here ). It was a revolutionary provision.

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Designs Design Intellectual Property Design Patent 62

Corsearch

SEPTEMBER 28, 2023

Does it infringe on the brand chosen by another company? Or maybe it isn’t a registered trademark but there’s a significant volume of use on social media for exactly this name? million active trademarks registered in Intellectual Property Offices around the world, which represents an increase of just over 11% from 2019 [1].

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Branding Brands Branding Intellectual Property 45