The IPKat

NOVEMBER 21, 2023

The Mark eventually registered in 2003 (the Registration). Background In 2001, Diego Armando Maradona, widely regarded as one of the best football players of all time, submitted an application to register the word mark DIEGO MARADONA (the Mark) as an EUTM in classes 3, 25 and 42, in respect of a range of services.

Registration 69

Registration Ownership Intellectual Property Contracts 69

The TTABlog

DECEMBER 21, 2021

According to Section 2(d), Australian was required to show ownership of a mark "previously used in the United States. Moreover, in the two-year period 2003-2005, respondent's principal cause 27 intent-to-use applications for various marks for condoms, despite admittedly not knowing the legal meaning of "intent to use."

Registration 53

Registration Contracts Advertising Advertising 53

The IPKat

MARCH 13, 2022

This, in a nutshell, is the conclusion that this Court reached in a recent decision ( Cassazione civile, Sez I, No 4038/2022 ) concerning the unauthorized reproduction of thousands (24,000) of paintings of a well-known Italian artist in the context of an archiving project aimed at producing a catalogue of records held by a foundation initially established (..)

Copyright Law 104

Copyright Law Copyright Law Artwork 104

Patently-O

MAY 2, 2022

The proposal expressly stated that “ownership and title to the Equipment” would be conveyed. 2003), Judge Lourie wrote for the majority and concluded that a “lease” of software constituted an invalidating offer for sale. 3d 1041, 1053 (Fed.Cir.2001) 2001) (Judge Lourie Concurring). In Minton v. 3d 1373 (Fed.

Invention 83

Invention Contracts Licensing Inventor 83

Technology & Marketing Law Blog

MAY 2, 2022

The court remains skeptical of LinkedIn’s privacy-based arguments: LinkedIn has no protected property interest in the data contributed by its users, as the users retain ownership over their profiles. It’s sooooooo 2003. Irreparable Harm / Balance of Equities : The court confirms that no viable alternative data sources exist for hiQ.

Cease and Desist 116

Cease and Desist Contracts Privacy Business 116

SpicyIP

NOVEMBER 9, 2023

Interestingly, the first patent for Sirturo was filed on 18/07/2003 ( PCT/EP2003/050322 ), meaning it is (more than) 20 years since their first filing. Regardless of who invested how much, Janssen does have ownership over at least 5 patents, as mentioned above, and this is what we look at below. Fn 12 of the same paper).

Patent 69

Patent Reporting Government Ownership 69

The IP Law Blog

DECEMBER 2, 2021

Johannsongs-Publishing claimed that You Raise Me Up, which was written by Rolf Lovland and Brendan Graham and released in 2001 by Secret Garden and later by Josh Groban in 2003 infringed on its rights in Soknodur. Johannsongs-Publishing claimed that it owned the rights to a 1977 song, Soknodur, except as to the rights for that song’s lyrics.

Copyright Infringement 98

Copyright Infringement Copyright Art Copying 98

Patently-O

FEBRUARY 22, 2023

33] And let’s not forget the elephant in the room, the USPTO, which, as the issuer of patents, has the right to ask for ownership information and the recordation of secured interests throughout the administrative process, particularly as it comes to the broad fee-setting and fee-paying authority it has over the patents it issues and reviews.

Litigation 126

Litigation Reporting Settlement Government 126

More Than Your Mark

NOVEMBER 30, 2018

6,630,507 issued in 2003 and entitled “Cannabinoids as antioxidants and neuroprotectants,” was at one point internet-famous as legalization activists pointed to its ownership by the Federal Government as being at odds with the Drug Enforcement Administration (DEA)’s continued refusal to move cannabinoids from the Schedule I classification. [1]

Patent 52

Patent Invention Patent Infringement Blogging 52

SpicyIP

AUGUST 3, 2023

In this context, Swaraj and Anupriya also discussed the issue of IP Ownership in Publicly Funded Research in 2021 highlighting various departmental policies and guidelines governing public-funded R&D and the issues therein. At the same time, South Africa also rolled a similar “Bayh Dole” ball. Fast forward 1.5

Registration 98

Registration IP Copyright Blogging 98

Technology & Marketing Law Blog

OCTOBER 19, 2021

Citing a 2003 Ninth Circuit case, Kremen v. The Kremen case involved the alleged theft of the sex.com domain name by improperly modifying the electronic records evidencing ownership of the domain name. It didn’t. Cohen , the court says “a website can be the subject of a trespass to chattels claim.”

Licensing 105

Licensing Copyright Contracts Advertising 105

Intepat

DECEMBER 6, 2022

The US Court, as per the principle of territoriality in American trademark law, had held that ownership of a mark in one country would not confer exclusive rights to the said mark in another country. The Plaintiff’s claimed that they adopted and coined the trademark “Forzest” in 2003. Dwd Pharmaceuticals Ltd., (22 22 nd November 2022).

Trademark 98

Trademark Trademark Law Registering Trademarks Law 98

Patently-O

JULY 16, 2024

2003) (witness testimony important). Judge Connelly is at the leading edge, but I expect that more courts will be willing to investigate the financing and ownership structures of NPEs when there is some suggestion that there is something being hidden. LaPray and Backertop’s counsel. Ashcroft , 353 F.3d 3d 228 (3d Cir.

Litigation 49

Litigation IP Patent Infringement Licensing 49

IP and Legal Filings

AUGUST 26, 2024

Personality Rights: Every individual has the right and ownership over the use of the information related to their identity, and this right even increases when the use is commercial. Arvee Enterprises, 2003 SCC OnLine Del 2 [6] Anil Kapoor vs simply life & Ors Manu/Deor/248558/2023 [7] Shivaji Rao Gaikwad v. Rajagopal v.

Personality Rights 52

Personality Rights Privacy Intellectual Property Law Intellectual Property 52

LexBlog IP

JULY 21, 2021

The report notes on page 11 that “In 2003, research estimates put the [U.S.] Patent and Trademark Office granted ownership of the word “Jesus” to Jesus Jeans, owned by a publicly traded Italian company, BasicNet, giving the company exclusive rights in America to sell clothing bearing the name “Jesus.”

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

The TTABlog

AUGUST 2, 2021

The Board found that Shen knew he was not the owner of the mark, that his false statement of ownership was material to the registration, and that he intended to deceive the USPTO. The false statement of ownership was a material misrepresentation because an application filed by someone who is not the owner is void. Cancellation No.

Registration 40

Registration Ownership Licensing Trademark 40

Kluwer Copyright Blog

AUGUST 7, 2023

In this case, the author of the original work retains ownership of the original, while the author of the derivative work holds rights to the creative additions they have made. Cambridge: The Belknap Press of Harvard University Press , 2003, p. A film based on a book serves as an example. Brazilian Law Review of Civil Law – RBDCivil, v.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

Kashishipr

AUGUST 2, 2021

Documents required to be filed online along with the application are as follows: Proof of ownership of the IPR and copies of the corresponding registration certificate. 36 of 2003 and The Customs Ordinance of Sri Lanka, along with a Government Gazette Notification Extraordinary No.1523/22 The Intellectual Property Act No.

IP 105

IP Intellectual Property Registration Registering Trademarks 105

IP and Legal Filings

FEBRUARY 22, 2023

The lifting of the corporate veil is based on a two pronged test: There should be such an unity of the interest and ownership that the separate personalities of the corporation and the members do not arise. vi] Khurshid, ‘Reverse Piercing of Corporate Law: An unemployed phenomenon in India’ [vii] NEPC v SEBI, (2003) 3 Comp L.J

Law 52

Law Ownership Government Litigation 52

IIPRD

OCTOBER 17, 2022

It identifies the product of that company and recognizes its own and gives some rights to ownership that can be enforced. A trademark means the identifiable phrase, symbol, and the word that stands for the specific product that has capacity to legally distinguish itself from other products present in the marketplace of like appearance.

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

Patently-O

APRIL 10, 2022

In spite of its ownership of the patents, however, a jury found that a predecessor of BioVeris (IGEN) had exclusively licensed the patents to Meso Scale Diagnostics, and that Roche was liable to Meso for directly infringing one of the patents, and for inducing infringement of two others.

Licensing 58

Licensing Technology Patent Patent Infringement 58

LexBlog IP

OCTOBER 20, 2023

The Back Story In 2003, Great Concepts applied to register DANTANNA’S for restaurant services. As detailed in the opinion , the majority held that the Trademark Trial and Appeal Board lacked the power to cancel a trademark registration based on fraud in a declaration of incontestability.

Registration 52

Registration Registering Trademarks Trademark Ownership 52

LexBlog IP

DECEMBER 7, 2022

Morford cannot claim ownership over a natural element (a fruit) and a functional component (duct tape). According to the mediator’s report, an in-person mediation occurred on October 13, 2022, but the matter did not settle. [6] 6] The banana is ripe for adjudication. Cattelan’s Motion to Dismiss. ” [21]. 9, 2022) (No.

Copyright 52

Copyright Copying Artwork Art 52

Copyright Lately

MAY 1, 2023

No wonder I’m getting flashbacks to 2003. That is, in fact, the very nature of sound recording copyright and ownership.” .” That’s certainly true, but the fact is that most model creation is being done by kids that probably aren’t even out of high school, not deep-pocketed companies.

Music 90

Music Copyright Copying Copyright Law 90

LexBlog IP

DECEMBER 2, 2021

Johannsongs-Publishing claimed that You Raise Me Up, which was written by Rolf Lovland and Brendan Graham and released in 2001 by Secret Garden and later by Josh Groban in 2003 infringed on its rights in Soknodur. ” There was no dispute among the parties that plaintiff did hold a valid copyright in Soknodur (except as to the lyrics).

Copyright Infringement 52

Copyright Infringement Copyright Art Copying 52

43(B)log

AUGUST 5, 2021

Was more heavily used 1999-2003. Ownership is of linguistic description of structural properties of invention. Industry pushed very hard against cheap copying, and yet as of 2019 there were only 538 registrations in 20 years versus hundreds of thousands of utility patents. Independent creation is likewise justified.

IP 45

IP Invention Design Designs 45

43(B)log

FEBRUARY 22, 2021

Should consider public space art, in some circumstances, as a common good, with ownership interests at least in part in people who live in the area. (Options: owner of the support, e.g. the building; the commissioning party; the municipality; the people who “live” the work?) What are options for conservation, restoration, and preservation?

Copyright 40

Copyright Art Copying Editing 40

The TTABlog

JANUARY 26, 2024

Petitioners alleged that from 2003 to October 2016, Petitioners and Respondent operated as a partnership and shared equally the profits derived from arranging and organizing dance parties in New York City under the Freedom Party brand. Edward Levy and Marc Padro v. Kenneth Harris Hyman , Cancellation No. Wellington).

Registration 53

Registration Ownership Advertising Advertising 53

SpicyIP

MARCH 22, 2025

2003), reaffirming that courts continue to adhere to the broad definition of “use.” While courts recognize reputation through advertising as a valid form of use, passive ownership, defensive registrations, lack of bona fide intent, and prolonged unjustified non-use should not be protected.

Advertising 59

Advertising Advertising Trademark Registration 59

Barry Sookman

MAY 4, 2020

SODRAC 2003 Inc., The report of the INDU Committee recommended “That the Government of Canada consider amending the Copyright Act or introducing other legislation to provide clarity around the ownership of a computer-generated work.” These principles cannot, however, trump clear wording in the Act. See, Canadian Broadcasting Corp.

Intellectual Property 52

Intellectual Property Inventor Invention Copyright 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Third, is Trump’s claim of ownership barred by 17 U.S.C. After negotiations between them fell apart, both parties sued, each claiming exclusive ownership of the movie footage. The court held that because each of them was seeking a declaration of sole ownership, the parties could not be joint authors. 1332 ].

Copyright 131

Copyright Blogging Publishing Fair Use 131