TorrentFreak

FEBRUARY 8, 2023

Late last year, the Patent and Trademark Office and the Copyright Office launched a joint consultation to take stock of the potential legal and policy questions related to NFTs. law, including the DMCA’s takedown provision, is well-equipped to handle copyright and trademark issues as they arise.

Non-Fungible Tokens 91

Non-Fungible Tokens Cease and Desist Intellectual Property Law Copying 91

Technology & Marketing Law Blog

AUGUST 30, 2023

The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. A rival, Colibri, displayed in the trademark in its Google keyword ads, but it claims it has stopped doing so after the lawsuit was filed. This is a competitive keyword advertising lawsuit.

Advertising 85

Advertising Advertising False Advertising Trademark 85

The TTABlog

JANUARY 8, 2024

The Board granted a petition for cancellation of a registration for the mark CAPTAIN CANNABIS for comic books, on the ground of likelihood of confusion with Petitioner Laverne J. However, "actual trademark use must follow the analogous use within a commercially reasonable period of time." Andrusiek v. Cosmic Crusaders LLC and Lewis J.

Registration 75

Registration Trademark Social Media Designs 75

Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

When a design is registered, it gives the owner exclusive rights against any unauthorized copying or imitation. This means that it should not have been used or published in any nation prior to the date of the registration application. · It makes no difference what approach or methodology was used to create and apply the work. ·

Registration 52

Registration Designs Design Copying 52

Biswajit Sarkar Copyright Blog

OCTOBER 21, 2021

When a design is registered, it gives the owner exclusive rights against any unauthorized copying or imitation. This means that it should not have been used or published in any nation prior to the date of the registration application. · It makes no difference what approach or methodology was used to create and apply the work. ·

Registration 52

Registration Designs Design Copying 52

Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

When a design is registered, it gives the owner exclusive rights against any unauthorized copying or imitation. This means that it should not have been used or published in any nation prior to the date of the registration application. · It makes no difference what approach or methodology was used to create and apply the work. ·

Registration 52

Registration Designs Design Copying 52

LexBlog IP

APRIL 6, 2023

The USPTO’s Trademark Trial and Appeal Board (“Board”) recently ordered the cancellation of two trademark registrations for product configurations of safety helmets, shown below and both directed to “ a three dimensional configuration of two ridges located along the center of a safety helmet.”

Registration 52

Registration Trademark Advertising Advertising 52

SpicyIP

AUGUST 10, 2023

The case revolved around SAP Se (Appellant) trying to furnish new evidence according to the Trademark Rules, 2002. It started trading in India in around 1992 under the mark “SAP” and applied for trademark registration in 1999. Image from here [This post is authored by SpicyIP Intern Varsha Sharma.

Trademark 98

Trademark Law IP Registration 98

Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? the pop-up is not a joke nor is it a presentation of ridicule or satire.”. Meanwhile, the Ninth Circuit in Mattel v.

Blogging 90

Blogging Social Media Television Fair Use 90

Technology & Marketing Law Blog

JANUARY 9, 2022

Some of the emoji symbols that I believe had their debut court reference in 2021: Belorussian Flag, “boxing,” camera, dinner plate (a sexual euphemism, but I’m still not sure what it stands for), frog, ghost, nails being painted, package, peanuts, pig, and wheelchair. Footnote: courts sometimes clearly mislabel the symbol.

Law 137

Law Registration Settlement Litigation 137

43(B)log

FEBRUARY 3, 2024

OMG Dollz that copied their looks. would communities have to fight each other over what is theirs? State doesn’t just “incentivize”—it criminalizes and tries to generate particular social outputs. Governing people to people relations is a very different thing from state undermining personhood by criminalizing dancing.

Branding 59

Branding Brands Branding Art 59

The TTABlog

SEPTEMBER 8, 2022

The Board granted a petition for cancellation of a registration for the mark CAPTAIN CANNABIS for comic books, on the ground of likelihood of confusion with Petitioner Laverne J. However, "actual trademark use must follow the analogous use within a commercially reasonable period of time." Andrusiek v. Cosmic Crusaders LLC and Lewis J.

Registration 95

Registration Trademark Social Media Copying 95

LexBlog IP

FEBRUARY 26, 2023

I asked: “ What were the first trademarks? “ ChatGPT replied: The use of trademarks can be traced back to ancient times, when craftsmen and traders marked their goods with unique symbols or designs to identify their origin or quality. However, trademark protection in the U.S.

Trademark 52

Trademark Designs Design Journalism 52

IP and Legal Filings

JUNE 12, 2023

Finding a differentiator in a field that is becoming more and more competitive, where the distinctions between original ideas and copies are frequently blurred, is crucial. The trademark of Coca-Cola is its most valuable asset. The value of the Coca- Cola trademark has increased from USD 68.9

IP 77

IP Intellectual Property Trademark Designs 77

TorrentFreak

FEBRUARY 6, 2023

In a report dated October 2022, in a section dedicated to Taiwan, the MPA describes Unblock Tech in detail, noting that its ‘Ubox’ devices present an “enormous piracy and enforcement” challenge. Neither does the registration of an ‘Unblock’ trademark as recently as last April. Government.

Reporting 122

Reporting Copyright Law Copyright Government 122

Intepat

MAY 16, 2023

What Happened In The Recent Amitabh Bachchan Case? What Happened In The Recent Amitabh Bachchan Case? What are Publicity Rights? For instance, famous Bollywood actor Shah Rukh Khan has registered his name “Shah Rukh Khan” and the initials “SRK” as a trademark to protect his publicity rights.

Branding 98

Branding Brands Branding Personality Rights 98

LexBlog IP

JULY 5, 2023

On June 29, 2023, the Supreme Court adopted a restrictive view of the extraterritorial application of the Lanham Act, holding that federal trademark law cannot support a claim for trademark infringement against solely foreign conduct. commerce, meaning that profits lost to trademark infringers abroad cannot be recovered in U.S.

Trademark 52

Trademark Marketing Marketing Contracts 52

Technology & Marketing Law Blog

DECEMBER 27, 2023

This logic seemingly extends equally to trademark cases… * Politico : “Tech giant battle means doom for small news outlets, Trudeau was warned.” Moreover, contrary to The Satanic Temple’s novel argument, domain registration is not the same as registration for a social media website.” Jan 31, 2023).

IP 71

IP Advertising Advertising Copyright 71

IIPRD

MARCH 17, 2023

What are Nutraceuticals? Functional Foods: These foods have been supplemented and fortified with nutrients not present in their natural state. Due to the big hit of the nutraceutical sector, companies are looking forward to developing innovations and striving to keep up with consumer trends.

IP 52

IP Intellectual Property Marketing Marketing 52

Copyright Lately

DECEMBER 4, 2023

Here’s what it all means. notice, registration, and renewal) formerly imposed under U.S. Oh Mickey, you’re so fine—but you’re not alone: An avalanche of copyrighted works will enter the public domain in the United States on January 1, 2024. Yes, yes, Steamboat Willie will enter the U.S. copyright lapse for A.

Public Domain 120

Public Domain Music Copyright Publishing 120

LexBlog IP

MARCH 28, 2023

On March 22, 2023, the Supreme Court heard oral argument in the trademark parody case captioned Jack Daniel’s Properties, Inc. As we previously blogged , the issues presented in the care are: 1. 1125(c)(3)(C), thus barring as a matter of law a claim of dilution by tarnishment under the Trademark Dilution Revision Act (TDRA).

Branding 52

Branding Brands Branding Trademark 52

43(B)log

DECEMBER 1, 2022

Grimaldi grounds, the district court’s grant of summary judgment to MTV on the resulting trademark claims. MGFB has a federal registration for FLORA-BAMA for “bar and restaurant services” and several entertainment services, including “social entertainment events,” live musical performances, and “competitions for fish throwing.”

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

LexBlog IP

MARCH 28, 2023

On March 22, 2023, the Supreme Court heard oral argument in the trademark parody case captioned Jack Daniel’s Properties, Inc. As we previously blogged , the issues presented in the care are: 1. But absent these features, pervasive copying and trading off a brand’s goodwill tends to confuse. VIP Products LLC.

Branding 52

Branding Brands Branding Trademark 52

The TTABlog

JUNE 30, 2021

In an 87-page opinion issued nine days after oral argument, the Board sustained an opposition to registration of the proposed mark LIVE PHOTOS for "Computer software for recording and displaying images, video and sound" on the grounds of genericness and, alternatively, mere descriptiveness. Opposition No.

Registration 59

Registration Copying Trademark Branding 59

SpicyIP

JANUARY 17, 2024

Ideally, it is the responsibility of the Patent Office to check that every applicant wishing to obtain a patent registration is complying with the mandated rules and procedural formalities, and in case there are any lapses, the office must take appropriate measures. Suriya is a Patent Analyst from Salem Tamil Nadu.

Patent Prosecution 64

Patent Prosecution Patent Invention Copying 64

IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Introducing the College of Patent Agents & Trademark Agents. On June 28, 2021 , the College of Patent Agents and Trademark Agents Act came into force. Photo by Engin Akyurt ( Unsplash ). By Meena Alnajar.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

The IPKat

MARCH 17, 2022

Okonkwo attended the meeting and now reports on how it went and what should happen next. Here is what Ifeanyi says: Nigeria's quest for its own statute for the protection of Geographical Indications gains momentum by Ifeanyi E. Katfriend, Ifeanyi E. The TWG was given 7 months from August 2021 to draft a sui generis GI law for Nigeria.

Intellectual Property 76

Intellectual Property Registration Government Law 76

43(B)log

FEBRUARY 23, 2023

Dfinity sponsors conferences and hackathons, and gives in-person and virtual presentations. Color was not claimed as a feature of the mark: infinity sign with left loop larger than right with DFINITY beneath In 2021, it secured registration of its second mark, the Rainbow Mark. Dfinity sued for federal and state trademark infringement.

Designs 59

Designs Design Registration Trademark 59

Kashishipr

JULY 13, 2022

Sometimes, AR and VR are used in overlapping ways; however, the two terms present unique and different issues in the IP world. The copyright-related questions arise with the extent to which the content in the AR field shall be registrable. It is the primary technology of the metaverse.

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

SpicyIP

JULY 22, 2023

In this post, developed along the lines of a literature review cum blogpost, Yashna Walia has looked through the various government policy documents on AI to see what they have to say about IP! With a plethora of developments and discussions on AI and AI based innovations, almost everyone has an opinion on how it should develop! Arul Scaria).

IP 98

IP Intellectual Property Reporting Government 98

43(B)log

FEBRUARY 19, 2022

While Rogers thus supplies the rule for most of what people think of as “speech,” there are caveats: Rogers has not been applied to disputes about the names of noncommercial organizations. This basic question has three different answers, all regularly used in any given jurisdiction—this is not a matter of circuit splits.

Trademark Law 72

Trademark Law Trademark Art Branding 72

SpicyIP

NOVEMBER 15, 2022

Registrar of Trademarks. permanent injunction against the Respondent from using the trademark and trade dress similar to the Plaintiff’s ‘Yellow Diamond’ mark and trade dress. We’ve had a busy week at SpicyIP with lots of IP developments on and off the blog. Did we miss anything big? Let us know in the comments below!

Trademark 105

Trademark Patent Copyright Designs 105

IIPRD

OCTOBER 14, 2022

Since FinTech is a dynamic concept and originated from the intellectual labour of its creator, the chief question running in the minds of stakeholders is “How to protect their work from copying”? WHAT IS A FINTECH. A new concept titled ‘digital banks’ is quickly becoming the default payment mechanism. Image source:Gettyimage].

Intellectual Property 52

Intellectual Property Confidentiality Copyright Technology 52

IIPRD

NOVEMBER 14, 2023

1] Presently, multiple e-commerce platforms have emerged in the market which was predominantly ruled by Amazon and Flipkart. There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. Introduction Intellectual property rights (IPR) in e-commerce are a vital component of e-commerce.

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

SpicyIP

DECEMBER 20, 2023

So, before 2023 turns into yesteryear, let’s see what the past Novembers on SpicyIP (2005 to present) have offered. Just click on SpicyIP Flashbacks and you can find what we found thus far while journeying through these months. We stand on the cusp of bidding farewell to 2023 with just 10 days remaining! Missed anything?

Personality Rights 59

Personality Rights IP Licensing Copyright 59

SpicyIP

FEBRUARY 13, 2023

Other Posts Honesty as a Defense vis-à-vis Trademark Infringements: Principle or Provision? Other Posts Honesty as a Defense vis-à-vis Trademark Infringements: Principle or Provision? Can “honest concurrent use” be used as a defense against a trademark infringement claim? Delhi High Court Imposes Costs worth INR 2 Cr.

Designs 52

Designs Design Trademark Cease and Desist 52

LexBlog IP

DECEMBER 3, 2021

The ever-expanding internet presents a daunting task to any brand owner trying to police its marks. In order to utilize The Registry, the brand owner must have a federally-registered trademark that appears on products or packaging. As a result, the burden to police falls on the mark owner. The most prominent are Amazon and Facebook.

Branding 52

Branding Brands Branding Intellectual Property 52