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

The IPKat

MAY 12, 2024

The wine brand had been around since the nineteenth century but changed ownership a few times. Duca di Salaparuta appealed, arguing that when pre-existing national GI registrations were converted into EU unitary registrations, they were fully subject to the validity requirements of the 2008 Regulation on wines. Article 14.3

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Registration Branding Brands Branding 67

The TTABlog

JULY 29, 2021

In a case decided under the TTAB's ACR regime, the Board granted a petition for cancellation of Nema Foods' twenty-year old registration for the mark SEYIDOGLU (in standard form) for various food items, finding that the mark falsely suggests a connection with Petitioner, a major manufacturer of food products, including Turkish desserts and jams.

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Registration Cease and Desist Ownership Advertising 40

LexBlog IP

MAY 3, 2022

A symbol or design is generally eligible for trademark registration if it can function as a source identifier of goods and services, is not similar to a prior mark or in conflict with other prior rights of a third party, and is not otherwise prohibited by trademark or other laws in China. Unlike the U.S.,

Designs 52

Designs Design Trademark Intellectual Property 52

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

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. Plaintiffs never supplied the requested information.”

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The TTABlog

SEPTEMBER 23, 2022

Petitioner JNF LLC was undoubtedly unhappy with the result of its petition to cancel a registration for the mark HAPPIEST HOUR for bar and restaurant services. Registrant Harwood International enjoyed a constructive first use date of October 6, 2014, the filing date of its underlying application. TMEP Section 903.06 (2022). Witco Corp.,

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Service Mark Registration Advertising Advertising 40

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. Likewise, the government is not using the copyright registration, but the copyrighted text.

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

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. Using Coke’s “iconic” status to prevent the registration of “Concealed Carry” in Coca-Cola font.

Designs 59

Designs Design Design Patent Branding 59

LexBlog IP

JULY 5, 2022

” [1] The best part about a copyright is that its registration is typically inexpensive and straightforward. Fashion companies should be aware that they may need to obtain a license to, or ownership of, the copyright from the photographer. Take, for example, a T shirt which features a painting, sculpture, or even graffiti.

Intellectual Property 52

Intellectual Property Design Patent Design Designs 52

Above the Fold

JULY 5, 2022

1] The best part about a copyright is that its registration is typically inexpensive and straightforward. Fashion companies should be aware that they may need to obtain a license to, or ownership of, the copyright from the photographer. Take, for example, a T shirt which features a painting, sculpture, or even graffiti. 1] 17 U.S.C. §

Intellectual Property 40

Intellectual Property Design Patent Design Designs 40

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. © attaches without registration and endures for much longer than design rights. Server test was adopted in 9 th Circuit in 2007. Crosses the originality threshold in many cases.

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Copyright Art Copying Editing 40

The TTABlog

JANUARY 26, 2024

The Board granted a petition for cancellation of a registration for the mark FREEDOM PARTY for "organizing and conducting dance parties" on the ground that Respondent Hyman was not the sole owner of the mark when he filed his underlying use-based application. See Great Seats , 84 USPQ2d at 1239 9TTAB 2007). Text Copyright John L.

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Registration Ownership Advertising Advertising 53

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

43(B)log

AUGUST 4, 2023

Biofire isn’t submitting for registration in NJ to avoid triggering law. Regulating terms of trade also permitted, including © ownership/exclusivity/restricting investment in local productions. Microstamping: tech that imprints a gun’s serial number on discharged rounds. Canada, Bill C-11 passed.

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Copyright Fair Use Marketing Marketing 52