Technology & Marketing Law Blog

DECEMBER 11, 2023

2007)) and the “ My Other Bag ” tote bag (Louis Vuitton Malletier, S.A. As the new threshold test for application of Rogers , courts can’t simply assume trademark use based on the close copying of the plaintiff’s goods. This from a Court that has struck down two statutory trademark registration provisions for burdening speech.

Blogging 130

Blogging Trademark Branding Brands 130

The TTABlog

DECEMBER 24, 2024

The record also included a copy of applicant's registration for the mark CERTIFIED MILLIONAIRE for the same services, obtained under Section 2(f) and thus constituting an admission that the word CERTIFIED is not inherently distinctive. The third-party uses also undermine applicant's 2(f) claim. -

Registration 45

Registration Copying Branding Brands 45

Selvam & Selvam Blog

APRIL 4, 2021

Regardless, this can be remedied by ensuring that the owner provides proof of the existence of the right by way of a registration certificate or a certified copy. 41 /2007-Customs dated October 29, 2007. 1] The Rules previously provided protection for patents as well. 2] Circular No.

Intellectual Property 52

Intellectual Property Designs Design Trademark 52

IP and Legal Filings

MARCH 28, 2023

According to Section 29(4) of the Trademarks Act, use of a mark that is: Identical or similar to a registered trademark that already has a reputation in India; and Used on goods or services other than those covered by the registration constitutes trademark infringement in the form of dilution. Haute Diggity Dog, 507 F.3d 3d 252 (4th Cir.

Trademark 79

Trademark Branding Brands Branding 79

Indiana Intellectual Property Law

AUGUST 4, 2021

The Defendant, Crepini, LLC (“Crepini”), was apparently founded in 2007 with “the dream of bringing crepes into every North American household.” Trademark Registration Nos. Crepini allegedly sold its egg white thins products in at least three different packaging styles from early 2018 through 2019. Per the Complaint, Crepini owns U.S.

Social Media 52

Social Media Branding Brands Branding 52

Copyright Lately

JULY 12, 2021

This case reminds me a lot of a lawsuit that Woody Allen successfully brought against American Apparel back in 2007. The copyright registrations referenced in the complaint are from various episodes of “Da Ali G Show,” in which Borat first appeared.) A copy of the complaint is below. Woody Allen v. American Apparel.

Copyright 75

Copyright Advertising Advertising Settlement 75

Biswajit Sarkar Copyright Blog

OCTOBER 21, 2021

The right to cancel a design registration is one of these rights. A petition for the Cancellation of Design Registration on numerous grounds can be filed. If the design has already been registered in India, the registration of the design can be cancelled. .” PROCEDURE.

Design 40

Design Designs Registration Copying 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. Which law to choose then?

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

IP Whiteboard

AUGUST 30, 2020

From some general Google searching, it seems common for people to download pictures of works they like and bring them to their tattooist to copy. According to Dr Marie Hadley from University of Newcastle: My unpublished research among tattooists in New Zealand suggests there can be a lot of pressure from clients to copy existing images. “I

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

SpicyIP

AUGUST 10, 2023

It started trading in India in around 1992 under the mark “SAP” and applied for trademark registration in 1999. However, the application was opposed by Swiss Auto Products (Respondent) in 2007, and the notice of opposition was received by the Appellant on 24 October, 2011.

Trademark 98

Trademark Law IP Registration 98

IP and Legal Filings

NOVEMBER 1, 2022

Cambodia has adopted the “first to file” system of registration. Trademark, services mark and collective mark are registrable in Cambodia; however, each trademark application can be applied for one mark in one class of goods/services only. Certificate of Trademark Registration is usually granted within 6-8 months from the filing date.

Trademark 52

Trademark Service Mark Intellectual Property Registration 52

LexBlog IP

JULY 5, 2022

” [1] The best part about a copyright is that its registration is typically inexpensive and straightforward. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] 1] 17 U.S.C. § § 102(a)(5); see also Darden v. Peters , 488 F.3d 3d 277 (4th Cir.

Intellectual Property 52

Intellectual Property Design Patent Design Designs 52

43(B)log

APRIL 28, 2022

He also hosted a reunion and golf tournament in 2007 and engaged in other referential activities; he managed royalties from the licensed USFL apparel from 2011-2021. Plaintiff’s 1980s USFL registrations lapsed. The 2011 registrations were acquired from an unrelated entity. Can this challenge even be made at this point?]

Licensing 45

Licensing Advertising Advertising Registration 45

43(B)log

FEBRUARY 3, 2023

The claim is authenticity: authorized manufacturers and retailers; they call copies counterfeits. When Design Within Reach started, it said in its 2007 10K: “our competitors believe they have exclusive rights” in some of their proudcts, including some of their best selling items, which were reproductions.

Design 59

Design Designs Design Patent Branding 59

The TTABlog

JUNE 10, 2021

The Board then applied the CAFC's Converse analysis to applicant's evidence: use of the proposed mark since 2007, approximately 250,000 units sold for $3M in revenue, $25,000 spent for advertising, promotion of mark on social media an on its website, and a ranking for several years as the best-selling and highest-rated pellet on Amazon.com.

Advertising 40

Advertising Advertising Social Media Marketing 40

Above the Fold

JULY 5, 2022

1] The best part about a copyright is that its registration is typically inexpensive and straightforward. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] 1] 17 U.S.C. § 102(a)(5); see also Darden v. Peters , 488 F.3d 3d 277 (4th Cir. 2] See 17 U.S.C. §§ 302. [3]

Intellectual Property 40

Intellectual Property Design Patent Design Designs 40

43(B)log

FEBRUARY 22, 2021

© attaches without registration and endures for much longer than design rights. Tyler Ochoa: Thinks that these were probably easily registrable even pre- Star Athletica because of nonfunctionality. Would also be interested in what the cultural norms are: are there anti-copying/divergence expectations? But is there separability?]

Copyright 40

Copyright Art Copying Editing 40

Technology & Marketing Law Blog

MAY 15, 2024

One Music Specialist work (“Jam the Box”) was interpolated into Flo Rida’s hit song “In the Ayer,” which sold millions of copies and reached No. The plaintiffs responded by moving for partial summary judgment on the issue of ownership, based on the presumption of validity that attaches to timely copyright registrations. 17 U.S.C. §

Music 105

Music Blogging Copyright Ownership 105

LexBlog IP

JANUARY 5, 2022

Likewise, the government is not using the copyright registration, but the copyrighted text. Thus, the government is not taking back some governmentally-assigned franchise, blessing, or recognition like a letters-patent or a copyright registration, but is taking from such “authors and inventors. Henry , 12 F.Cas. 603, 604 (No.

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

Technology & Marketing Law Blog

AUGUST 11, 2023

The court says it’s immaterial that there is a potentially long time delay between user registration and the purchases. The next paragraph “encourage[d]” Mr. Sadlock to “review the updated Subscriber Agreement in full and save a copy for your files. Bleacher Report claimed it provided user notice of the amendment via an email.

Contracts 98

Contracts Law Reporting Blogging 98

LexBlog IP

JULY 21, 2021

It can also mean as the proxy or substitute holder of rights here on earth because no spiritual being will receive a copyright certificate, trademark registrations, or letters patent. Further, that same commentator has noted that: In 2007, the U.S. But that “provision only restricts registration of the mark. 75, 79 (2020).

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

The IPKat

MARCH 7, 2022

Manual Trademark Manual of Examining Procedure (" TMEP ") has this to say in section 1208.08: The title, or a portion of a title, of a single creative work must be refused registration, unless the title has been used on a series of creative works. …. Herbko Int’l, Inc. identifies a specific literary work.

Copyright 96

Copyright Trademark IP Public Domain 96

The IP Law Blog

MARCH 2, 2021

This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder. Published in Landslide , Vol. 3, January/February 2021, by the American Bar Association.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

IP and Legal Filings

DECEMBER 6, 2023

NLSI Rev 125 (2019) The 1709 Blog, Right of Publicity Trumps Artistic Freedom of Expression (Jan 23, 2013, 04 : 01 PM), (available at – [link] Cour Cass, lérechambrecivile, 20 mars 2007, Bull. 2007, I, no. Publicity Rights and the Right to Privacy in India, 31.1 125, pourvoi no.

Privacy 103

Privacy Intellectual Property Law Intellectual Property Advertising 103

Intepat

JANUARY 10, 2025

This module makes it easier to file IPR notifications while adhering to the IPR (Imported Goods) Enforcement Rules 2007 (the IPR Enforcement Rules). Next, A unique Temporary Registration Number is generated, and the right holder shall submit a physical copy of the documents to the IPR cell of the Custom House.

Intellectual Property 52

Intellectual Property Registration IP Trademark 52

IP and Legal Filings

OCTOBER 23, 2024

Trademarks are governed by the Trademarks Act of 1999 and the Trademark Rules of 2017 in India which provides for registration and protection of Trademarks from fraudulent practice. However, in the era of global market and globalisation, it is only a matter of fact to copy a brand’s name and mark for one’s own company. “A

Trademark 62

Trademark Registration Branding Brands 62