SpicyIP

SEPTEMBER 27, 2023

And more recently, Lokesh covered the whole rise and fall of the earlier Public Funded Research and Development (Protection, Utilisation and Regulation of Intellectual Property) Bill, 2007 (PUPFIP) – that gives some good background context, including that there’s been nearly no development on this front for a decade.

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IPilogue

NOVEMBER 15, 2021

Dawn Dorland and Sonya Larson , both authors, first crossed paths sometime between 2005 and 2007 at GrubStreet—a creative writing centre in Boston. Dorland will need to show: (1) ownership of a valid copyright, and (2) copying of constituent elements of the work that are original. On June 24, 2015, Ms.

Art 105

Art Copyright Infringement Copyright Copying 105

Kluwer Copyright Blog

DECEMBER 17, 2024

The Institute was established in 2007 with a distinctive objective it seeks not only to undertake academic research, but also to pay attention to the practical application of IP law in a rounded and inclusive manner.

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Publishing Reporting Branding Branding 52

The IP Law Blog

NOVEMBER 9, 2023

In 2021, HIP sued Hormel, challenging Hormel’s ownership and the inventorship of U.S. In 2007, as part of Hormel’s quest to improve its process for creating precooked bacon pieces, Hormel met with David Howard and others from Unitherm to discuss processes and Unitherm’s cooking equipment. The dispute arose between HIP, Inc. (“HIP”)

Inventor 110

Inventor Invention Art Patent 110

Kluwer Copyright Blog

JULY 5, 2022

Dr Guadamuz felt that the 2007 discussions were being reopened again. Then, there is a second version of property ownership, as seen in the Second Life – virtual goods created by users, which belong to them. NFTs could potentially enable ownership but this is yet to be seen. Conclusion.

Ownership 59

Ownership IP Non-Fungible Tokens Intellectual Property 59

The TTABlog

JULY 6, 2021

Otto Kern GmbH , 83 USPQ2d 1861, 1863 (TTAB 2007). Coca-Cola submitted evidence of its ownership of the marks THUMS UP and LIMCA in India for soft drinks, where the marks are well known. The respondent’s use must be a “blatant misuse of the mark … in a manner calculated to trade on the goodwill and reputation of petitioner.”

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Registration Marketing Marketing Branding 98

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

Kashishipr

AUGUST 2, 2021

The Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 and The Customs Act, 1962 form the legal basis for Customs Recordal of IPRs in India. 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.

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IP Intellectual Property Registration Registering Trademarks 105

The IPKat

MAY 12, 2024

The wine brand had been around since the nineteenth century but changed ownership a few times. The case was brought by the Sicilian winery, Duca di Salaparuta, which owns trade marks containing the word “Salaparuta” that have been registered since 1989 and become “well-known” for distinguishing products of high renown.

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LexBlog IP

AUGUST 30, 2022

2007); see also Firstenergy Solutions Corp. Dircksen , an employer and former employee made competing claims over the ownership of an invention. And in Ohio, both state and federal courts have recognized that “a non-compete clause’s enforceability is a matter of law for the court.” ” Chicago Title Ins.

Contracts 52

Contracts Invention Ownership Law 52

LexBlog IP

DECEMBER 7, 2022

Morford cannot claim ownership over a natural element (a fruit) and a functional component (duct tape). 2007 WL 9747250, at *9 (N.D. 26, 2007)). [17] 2007); MiTek Holdings, Inc. According to the mediator’s report, an in-person mediation occurred on October 13, 2022, but the matter did not settle. [6] ” [21].

Copyright 52

Copyright Copying Artwork Art 52

SpicyIP

MARCH 9, 2025

PPL, claiming ownership over public performance rights via assignments from music labels, alleged infringement after its representatives discovered unlicensed use of its repertoire. The application was filed in 2007, and was rejected after approximately 18 years, leaving only one year until the term of the subject application expired.

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Trademark Patent Patent Application Copyright 59

LexBlog IP

MAY 3, 2022

The refusals were eventually reversed by Beijing’s First Intermediate Court in late 2007, and Ferrero’s 3D mark was consequently registered. A registration certificate is proof of both ownership and trademark rights, which is always required in enforcement actions and is also the strongest form of evidence in civil litigation.

Designs 52

Designs Design Trademark Intellectual Property 52

IP and Legal Filings

NOVEMBER 21, 2022

But despite the acquisition of Myntra by flipkart and flipkart having 100% ownership over it, Myntra still operates as a separate entity in the market. Tata Steel in 2007 purchased Corus which is a European based steel company for 12.02 Tata and Corus Steel. billion dollars. Conclusion.

Business 52

Business Marketing Marketing Ownership 52

LexBlog IP

NOVEMBER 9, 2023

In 2021, HIP sued Hormel, challenging Hormel’s ownership and the inventorship of U.S. In 2007, as part of Hormel’s quest to improve its process for creating precooked bacon pieces, Hormel met with David Howard and others from Unitherm to discuss processes and Unitherm’s cooking equipment.

Inventor 52

Inventor Invention Art Patent 52

The TTABlog

JULY 29, 2021

Fraud: In 2007, petitioner began exporting its food products bearing the mark SEYIDOGLU to the United States through Nema Kimya, an Istanbul subsidiary of Respondent. The Board observed that "[m]erely being a distributor does not confer ownership of a mark for the goods being distributed. Nema Food Distribution Inc. Cancellation No.

Registration 40

Registration Cease and Desist Ownership Advertising 40

IP and Legal Filings

AUGUST 14, 2023

Since copyright in whatever form (even first ownership) is subject to the territoriality principle, many argue that lex loci protectionis is the appropriate course of action. [10] Since copyright is “universal”, some argue that the lex originis should be utilised to determine who owns works that have been plagiarised.

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

IIPRD

APRIL 21, 2021

Modak & Anr on 12 December 2007. [4] Another remedy could be that the work in question is being used for a non-commercial purpose or that it falls under Section 52 of the Copyright Act [4]. References]. [1] 1] ‘ Web scraping: A new hero that defends brands and intellectual property , AndriusPalionis, TechRadar. [2]

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Intellectual Property Business Copyright Intellectual Property Law 40

Copyright Lately

JANUARY 31, 2023

British singer Rick Astley is best known for “ Never Gonna Give You Up ,” a song people voluntarily listened to in 1987 and were tricked into listening to in 2007. Is Rick Astley’s right of publicity claim against Yung Gravy for vocal impersonation on a collision course with the federal Copyright Act?

Music 107

Music Copyright Licensing Copyright Infringement 107

The TTABlog

SEPTEMBER 23, 2022

2009) (“Mere adoption (selection) of a mark accompanied by preparations to begin its use are insufficient for claiming ownership of and applying to register the mark.”); Mars Generation v. Cosser , 81 USPQ2d 1956, 1968 (TTAB 2007); Shalom Children’s Wear Inc. Airflite, Inc., 3d 1350, 90 USPQ2d 1301, 1307 (Fed. Malcolm Nicol & Co.

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Service Mark Registration Advertising Advertising 40

43(B)log

FEBRUARY 3, 2023

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. Complicated relationship to ownership: they think their value comes from providing iconicity/authenticity.

Designs 59

Designs Design Design Patent Branding 59

LexBlog IP

MARCH 16, 2023

1] LIFFE v Pinkava [2007] EWCA Civ 217 [2] Jacob LJ in Pinkava (at [102]) Whilst this case was focused on a very specific area and set of facts, the need for all businesses to carefully consider how they treat consumer customers applies more widely. [1]

IP 52

IP Contracts Invention Inventor 52

LexBlog IP

JULY 5, 2022

Fashion companies should be aware that they may need to obtain a license to, or ownership of, the copyright from the photographer. Although the copyright process is fairly inexpensive and simple, fashion companies should take extra care as to not be copyright infringers themselves. 1] 17 U.S.C. § § 102(a)(5); see also Darden v.

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

LexBlog IP

JULY 14, 2023

Morford’s Motion for Summary Judgment Morford moved for summary judgment on three grounds [15] : Morford established ownership of a valid copyright. Morford’s claim is barred by the copyright doctrine of merger. Cattelan copied constituted elements of Morford’s work that are original. 22] The banana is a real banana. [23]

Art 52

Art Copyright Copying Art Law 52

IP and Legal Filings

NOVEMBER 9, 2022

Layered by the blockchain, cryptocurrency and NFT driven Web3 technology whose decentralised approach allows buyers total ownership over their purchases in the virtual universe, the Metaverse has been steadily gaining financial, cultural and social traction in the world.

Contracts 52

Contracts Law Technology Privacy 52

Above the Fold

JULY 5, 2022

Fashion companies should be aware that they may need to obtain a license to, or ownership of, the copyright from the photographer. Although the copyright process is fairly inexpensive and simple, fashion companies should take extra care as to not be copyright infringers themselves. 1] 17 U.S.C. § 102(a)(5); see also Darden v. Peters , 488 F.3d

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

LexBlog IP

JULY 21, 2021

Further, that same commentator has noted that: In 2007, 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.” World Intellect.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

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. Server test was adopted in 9 th Circuit in 2007. (Options: owner of the support, e.g. the building; the commissioning party; the municipality; the people who “live” the work?) Internal v.

Copyright 40

Copyright Art Copying Editing 40

Technology & Marketing Law Blog

MAY 15, 2024

at 1-2] At its heart, therefore, this case is a dispute about copyright ownership. But before the ownership dispute could be fully addressed, the court was asked to determine whether the claims were timely; and if so, whether damages could be recovered for conduct occurring more than three years before the lawsuit was filed.

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Music Blogging Copyright Ownership 105

Dear Rich IP Blog

JANUARY 16, 2024

I have read that the "change of ownership" of this collection is considered a publication. Included in the collection is an undated typewritten poem by the daughter-murderer (who died in 2007), probably written 1944-1949. Does paying the library for their use put the burden of ownership/copyright on them? Is that correct?

Ownership 59

Ownership Fair Use Artwork Copyright 59

The TTABlog

JANUARY 26, 2024

Nonetheless, in 2013, Respondent Hyman filed the underlying application, representing to the USPTO that he was the sole owner of the mark for the services listed in the application Hyman argued that "any possible claims" Petitioners may have based on ownership of the registered mark FREEDOM PARTY "are barred by Petitioners’ laches."

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Registration Ownership Advertising Advertising 53

LexBlog IP

JANUARY 5, 2022

26 , rejected the claim that taking away, or ignoring, the ability-to-control indicia of ownership amounts to a taking: Similarly, property rights, including copyright, have been described as ownership of a bundle of rights or interests. Indeed, the intermediate Texas appellate court, at Jim Olive Photography, 580 SW3d at 376, fn.

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

The IPKat

MAY 25, 2022

While earlier employment law protection for belief was limited to those philosophical beliefs which were similar to religious beliefs, the similarity requirement was removed from the legislation in 2007.

Copyright 94

Copyright Moral Rights Intellectual Property Intellectual Property Law 94

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. Once abandoned, Mr. Ehrhart could establish ownership through use of the Marks.” The 2011 registrations were acquired from an unrelated entity.

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Licensing Advertising Advertising Registration 45

43(B)log

AUGUST 4, 2023

Regulating terms of trade also permitted, including © ownership/exclusivity/restricting investment in local productions. Established firms pulled out of the market, so startups can’t expect to be acquired and must go all the way to direct sales; there’s also fear of tort liability. Canada, Bill C-11 passed.

Copyright 52

Copyright Fair Use Marketing Marketing 52

SpicyIP

MARCH 7, 2025

Rhone-Poulenc Rorer International Holdings Inc (Yeda in short) (2007), the House of Lords clarified the position with regard to entitlement. Yeda and the Three-step Test: In Yeda Research and Development Company Limited v.

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Inventor Invention Patent Application Patent 80

Copyright Lately

NOVEMBER 24, 2024

The result is a framework that creates impractical outcomes and undermines copyright enforcement—particularly in the music industry, where fractional ownership is the norm. In its 2007 opinion in Davis v. Therefore, the motion concludes, the lawsuit should be dismissed outright. But what about the Ninth Circuit? Decidedly more messy.

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Copyright Music Ownership Licensing 98