The IPKat

FEBRUARY 16, 2023

In the 1990s, an association of morbier producers applied for registration of PDO “Morbier”. After approving the registration in 2000, French authorities transferred the file to the European Commission for an EU-wide registration. In 2002, morbier became a PDO. International license.

Art 79

Art Registration Licensing Marketing 79

The TTABlog

APRIL 6, 2022

Applicant ADOL sought registration of the marks SKËNDERBEU and GJERGJ KASTRIOTI SKËNDERBEU (Stylized) for "beverages from wine distillates, namely, brandy and grape brandy." registration for GJERGJ KASTRIOTI SKËNDERBEU in standard character form, which it secured without objection from GKS. Conmar Form Sys., See In re Bose Corp.,

Ownership 52

Ownership Registration Trademark Contracts 52

Biswajit Sarkar Copyright Blog

JANUARY 17, 2022

Section 9(1)(a) 1 of the Indian Trademark Act, 1999 mentions lack of distinctiveness in the mark as one of the grounds for refusing registration of the mark. This means that registration will only be granted when the proprietor could show prior and continuous use and the customers could relate the name with his product 4.

Trademark 52

Trademark Registering Trademarks Registration Licensing 52

IP and Legal Filings

NOVEMBER 7, 2022

The role of competition law does not come into the picture unless the patent holder acts unlawfully, there can be various ways of unlawfully exploiting the patent like exclusionary conduct by business, refusal to provide goods or license etc. 9] Section 60 of The Competition Act, 2002. [10] 7] Section 140 of The Patents Act, 1970. [8]

Patent Law 52

Patent Law Law Patent Intellectual Property 52

The TTABlog

AUGUST 2, 2021

For only the second time since the CAFC's 2009 decision in In re Bose , the Board upheld a claim of fraud, ordering cancellation of a registration for the mark FUJIIRYOKI for massage chairs. William Shen, the CEO of Respondent ACIGI, filed the underlying application and then assigned the registration to ACIGI soon after issuance.

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Registration Ownership Licensing Trademark 52

Intepat

MAY 4, 2023

Protection of Indian Markets Similarly, there are various intersections where the two laws meet, such as abuse of dominant position by certain entities, Standard Essential Patents (SEPs), FRAND (fair, reasonable and non-discriminatory) licensing , patent thickets, compulsory licensing etc.

Law 52

Law Patent Settlement Inventor 52

The TTABlog

JULY 27, 2021

A previous cancellation proceeding between the parties had resulted in cancellation of Sunpoint's registration for MAXVOLINE on the sole ground of nonuse. Valvoline Licensing & Intellectual Property LLC v. 682, 684 (2002) (per curiam) (citing N.Y. TTABlogged here ]. Sunpoint International Group USA Corp. 2021 U.S.P.Q.2d

Litigation 52

Litigation Registration Intellectual Property Licensing 52

LexBlog IP

JANUARY 25, 2024

As a further example, the Court highlighted Tommy Hilfiger Licensing, Inc. ” [12] That AJ Press applied for registrations of “Punchbowl News” and “Punchbowl Press” was a strong indication that the marks are source-identifying. 1] Punchbowl, Inc. AJ Press, LLC, 52 F.4th 4th 1091, 1095-96 (9th Cir.

Trademark 40

Trademark Design Designs Registration 40

IP and Legal Filings

AUGUST 14, 2023

The theory of Territoriality states that since disputes relating to the registration and validity of intellectual property rights are typically considered to fall under the exclusive jurisdiction of the State in which such registration was applied for, the choice of law should favour that State. Will there be no remedy at all?

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

LexBlog IP

MARCH 28, 2022

More times than not, issues of ownership come to a head when it is time to apply for a trade mark registration, engage in due diligence to raise funding or sell, or when a business needs to enforce its trade mark rights. Unfortunately this fast-and-loose attitude won’t do you any favours in the land of trade mark registrations.

Ownership 52

Ownership Intellectual Property Content Creation Business 52

IPilogue

JANUARY 14, 2022

The Supreme Court of Canada last considered the definition of “inventor” in 2002, but has yet to consider whether it would include non-human entities. But even if it fails to pass, businesses relying on common law trademarks would be wise to try to register them, given the many benefits that registration provides. .

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

Patently-O

OCTOBER 5, 2022

2002) (“Obtaining such a patent is a meaningful contact with the United States; it requires a patentee purposefully to avail him or herself of a significant benefit of United States law.”). See Deprenyl Animal Health, Inc. of Toronto Innovations Found., 3d 1343 (Fed. ”).

Litigation 61

Litigation Patent Licensing Business 61

SpicyIP

MAY 23, 2022

Jithendra Prasad Singh v State of Assam, 2002. Without the registration requirement, there is no need of any documentation to even claim ownership, before pointing at someone else for alleged infringement and opening them up to arrest. Here are the decisions where various High Courts have taken conflicting views: . High Court.

Copyright 124

Copyright Ownership Copyright Infringement Law 124

43(B)log

AUGUST 4, 2023

Partly in response to NJ’s 2002 law—once there’s a smart gun, manufacturers have to switch to it w/in 30 months, though NJ backed off and just required retailers to stock it, but still infuriated gun rights advocates who boycotted Colt and Smith & Wesson who then got out of the market entirely. Super-narrow © license.

Copyright 52

Copyright Fair Use Marketing Marketing 52

IIPRD

FEBRUARY 23, 2021

Instances of companies using IP as collateral during times of distress are as follows: Xerox pledged its Patents as collateral due to problems faced concerning financial fraud and certain distress in 2002. The National IPR Policy of 2016 has resulted in increasing IP registration since its inception. bn USD by Nokia.

IP 40

IP Intellectual Property Business Branding 40

SpicyIP

JULY 10, 2023

The Delhi High Court also passed an important order refusing to set aside the order from the Protection of Plant Varieties and Farmers Right Authority, revoking the registration of Pepsico’s FL 2027 potato variety. For instance, the Delhi High Court directed Oppo to deposit the royalty amount, in its high-profile SEP litigation with Nokia.

Registration 87

Registration Copyright Infringement Trademark Copyright 87

SpicyIP

FEBRUARY 19, 2024

Case Summaries Hmd Mobile India Private Limited vs Mr Rajan Aggarwal & Anr on 9 February, 2024 (Delhi HC) image from here The Plaintiff had filed a petition under Section 50 of the Copyright Act, 1957 for expunging the copyright registration against the Defendant.

Invention 100

Invention Music Art Patent Application 100

Technology & Marketing Law Blog

DECEMBER 11, 2023

Rather, the quoted language came from an SDNY decision ( Tommy Hilfiger Licensing, Inc. 2d 410, 414-415 (SDNY 2002)) that the Supreme Court expressly used to “offer as one last example” of “a case with a striking resemblance” in which the Rogers test was cabined. at 156 (citation omitted)”). Nope, the Supreme Court didn’t say that.

Blogging 112

Blogging Trademark Branding Branding 112

LexBlog IP

DECEMBER 6, 2021

If you want to protect your NFT’s IP as an original work of authorship, consider filing for copyright registration. Applying this to NFTs, a 1-of-1 NFT is ineligible for trademark registration unless associated with a larger collection or series. 2002); TMEP §§ 904.07(b) An Example of a Collection or Series.

Trademark 52

Trademark Non-Fungible Tokens Registration IP 52

SpicyIP

DECEMBER 30, 2023

This will potentially impact the copyright licensing landscape insofar as filmmakers will have to enter into dedicated agreements to claim protection for works not listed within the scope of Section 17. CCI , the Delhi High Court held that Chapter XVI of the Patents Act is a complete code in itself and overrides the Competition Act, 2002.

IP 115

IP Copyright Trademark Intellectual Property 115

SpicyIP

NOVEMBER 6, 2023

Highlights of the Week Time to look Beyond Compulsory Licenses? A Glimpse at the Ribociclib Case Image from here Are Compulsory Licenses the cure for assuring access to drugs? She examines the claims of the pharmaceutical companies, and explores whether it’s time to look beyond compulsory licenses.

Licensing 59

Licensing IP Patent Infringement Confidentiality 59

Copyright Lately

SEPTEMBER 13, 2024

First, he rejected the Trump campaign’s argument that a copyright in the “Electric Avenue” sound recording wasn’t validly registered at the time of the video’s release, finding that a 2002 registration of a greatest hits compilation covered the recording.

Fair Use 126

Fair Use Copyright Cease and Desist Music 126

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Fourth, if not, can Trump circumvent the registration requirement by seeking a declaratory judgment, or will he have to comply with the registration requirement? Fifth, assuming Trump owns a valid copyright, did he grant an implied license to Woodward to publish transcripts of the interviews and/or the record­ings themselves?

Copyright 120

Copyright Blogging Publishing Fair Use 120