IP and Legal Filings

SEPTEMBER 11, 2024

Legally, when we talk about “music under copyright,” we’re referring to the ownership of the composition or recording itself. This ownership grants the holder exclusive rights to its distribution and reproduction, as well as the ability to license it and earn royalties.

Music 103

Music Copyright Ownership Copyright Law 103

IPilogue

NOVEMBER 3, 2022

Moderna claimed that they had registered foundational mRNA patents between 2010 and 2016. On August 26, 2022, Moderna released a press statement that they will pursue a patent infringement lawsuit against Pfizer/BioNTech for their use of Moderna’s registered mRNA patents in creating the Pfizer COVID-19 mRNA vaccine.

Patent Infringement 115

Patent Infringement Law Patent Ownership 115

SpicyIP

FEBRUARY 3, 2025

Prabha Sridevan, Judge, MHC (2000-2010) and Chairperson, IPAB (2011-2013) was recently interviewed by SpicyIP Doctoral Fellow Malobika Sen as part of her doctoral research. The Court noted that Kirloskar Proprietary Ltd, as the registered proprietor, had superior ownership rights compared to the plaintiffs status as a registered user.

Copyright 95

Copyright Trademark Litigation Copyright Infringement 95

Intellectual Property Law Blog

JANUARY 11, 2023

During litigation, the unredacted version may be used as evidence to support the ownership of the redacted portions in the registered mask work. Statistics from Copyright Office’s Annual Reports Between 2010-2022, there are 646 mask works registered in the U.S. when the mask work is involved in litigation. Id, section 2407.1(D)(2).

Registration 130

Registration Designs Design Copying 130

The IPKat

MAY 5, 2023

This Kat was present as godmother during a baptismal ceremony in 2010 and another parent (not my goddaughter's) who proposed ‘Domitila’ as her daughter’s baptismal name, received several queries of “are you sure” from the priest.] not confer trade mark or copyright ownership of the work on such actor.

Registration 123

Registration Ownership Copyright Trademark 123

IP and Legal Filings

JUNE 15, 2023

Collective ownership: In case TK is protected under trade secrets there is no requirement of specific right holder and the community is deemed to have collective personality. Perpetual ownership: Patent and copyright both have a limited period of protection, after which the traditional knowledge falls into the public domain.

Ownership 98

Ownership Privacy Public Domain Copyright 98

IP Law 360

SEPTEMBER 1, 2021

A Wisconsin federal judge recently learned he owned stock in Apple while presiding over a 2010 intellectual property spat between Nokia and Apple, but assured the parties that this ownership didn't affect his decisions in the case, according to a letter filed Monday.

Intellectual Property 40

Intellectual Property Ownership IP 40

The IPKat

NOVEMBER 1, 2022

Seabrook’s 2010 obituary says that-- …as a marketing / promotion effort, he personally obtained the registered trade-mark for the word “Ogopogo” and an artistic rendering of the famed lake monster. The City of Vernon’s heretofore long-forgotten and dormant copyright ownership was suddenly—and uncomfortably for Council--put into the spotlight.

Copyright 128

Copyright Artwork Due Diligence Publishing 128

CopyrightsWorld

FEBRUARY 10, 2021

This article is part of our series showcasing well-known copyright ownership cases from the music and film industries, technology, and more. This week’s post looks at three well-known copyright infringement cases involving tech giants battling each other over ownership rights. Apple vs. Microsoft.

Intellectual Property 76

Intellectual Property Design Patent Designs Design 76

Technology & Marketing Law Blog

AUGUST 30, 2021

Court of Appeals for the Ninth Circuit held that California Civil Code section 980(a)(2) , which grants “exclusive ownership” of a sound recording fixed before February 15, 1972, to its “author,” provides only an exclusive right of reproduction and distribution, and does not provide an exclusive right of public performance.

Blogging 98

Blogging Copyright Settlement Ownership 98

IP and Legal Filings

APRIL 26, 2023

5] This act reinforced the existing stance that the producer is the author, as opposed to the Copyright (Amendment) Bill of 2010 which would have recognized the principal director as a co-author of the composition. [6] Firstly, it stated that the 2012 changes did not mention that the composers would retain their ownership rights.

Copyright 52

Copyright Music Moral Rights Ownership 52

IP and Legal Filings

OCTOBER 26, 2022

In Cambodia, two geographical indications have been registered to date – Kampot Pepper and Kampong Speu Palm Sugar, both in 2010. Geographical indications are granted legal protection in many countries, with the twin goals of protecting consumers from misleading products as well as producers against unfair competition.

Registration 98

Registration Trademark Law Ownership 98

The TTABlog

JUNE 13, 2022

95 USPQ2d 1327 (TTAB 2010). Therefore, a claim based on lack of ownership is not available when the application is not based on use of the mark in commerce. Therefore, a claim based on lack of ownership is not available against Applicant Ovee's Section 66(a) application. Hotelplan Italia S.p.A. ,

Ownership 40

Ownership Registration Designs Design 40

SpicyIP

MAY 4, 2023

However, things changed in 2010, when the Copyright Board set the compulsory license fee for radio broadcasting under Section 31(1)(b). YRF’s argument was that the right to collect royalties in the proviso to Section 18, was another statutory right that does not arise out of ownership of copyright.

Music 98

Music Copyright Ownership Licensing 98

Indiana Intellectual Property Law

SEPTEMBER 15, 2021

1057(b), Poulsen claims the ‘814 Registration is prima facie evidence of the validity of the Mark, Poulsen’s ownership of the Mark, and Poulsen’s exclusive right to use the Mark in commerce. In 2010, J&P Park Acquisitions, Inc. 2,990,814 (the “‘814 Registration”), has been used in U.S. commerce continuously since 1986.

Trademark 40

Trademark Branding Brands Branding 40

SpicyIP

MARCH 16, 2025

The petitioner then argued that the mark “TARFLEX” was deceptively similar to their prior mark “TARPEX” that they used for tarpaulin and related products since 2010. The plaintiff filed a case against the defendants who were manufacturing counterfeit products bearing the “ANCHOR” trademark.

Trademark 59

Trademark Copyright Branding Brands 59

IP and Legal Filings

AUGUST 22, 2022

The legal framework covers a large number of regulations on the media including ownership, prohibitions on certain kinds of defamation. In 2010, a chairman resolution No. 20 of 2010 by the NMC was issued which clearly stated that all the media, whether audio or visuals, must comply with the content of the Media Law.

Social Media 52

Social Media Publishing Law Government 52

LexBlog IP

OCTOBER 1, 2022

The Papa Texas affiliate was owned by Mr. Perales, and he began actively promoting his ownership of CiCis and Papa John’s franchises shortly thereafter. Mucho Pizza, LLC et al. This case highlights the importance of comprehensive agreements and the reduction of agreement modifications to writing.

Confidentiality 52

Confidentiality Intellectual Property Litigation Ownership 52

LexBlog IP

OCTOBER 20, 2023

In any event, three and a half years later, in December 2010, the TTAB dismissed the cancellation proceeding with prejudice “ based on petitioner’s apparent loss of interest ” after Dan Tana failed to respond to an order to show cause. In 2015, Chutter, Inc.

Registration 52

Registration Registering Trademarks Trademark Ownership 52

Kluwer Copyright Blog

MARCH 13, 2024

This crucial development, which restores copyright as an access right (see Geiger, 2016 ; Efroni, 2010 ) provides a normative foundation to reinforce the societal bargain that creates incentives for authors, but also creates room for downstream creativity and innovation. However, it is only a first step towards making user’s rights a reality.

Copyright 126

Copyright Art Licensing Contracts 126

Patently-O

MAY 1, 2024

But, mere ownership of the patent does not automatically confer standing – the plaintiff, whether the patentee or an exclusive licensee, must have retained the right under the patent to exclude the accused infringer from practicing the claimed invention. Citing precedents such as Aspex Eyewear, Inc. Miracle Optics, Inc. , Mann Found.

Licensing 56

Licensing Patent Ownership Patent Infringement 56

SpicyIP

AUGUST 26, 2024

2010), in which the Court upheld singer Daler Mehndi’s right to protect his public image, voice and appearance against unauthorised commercial use. The scope of these rights has been further developed judicially by an array of observations and pronouncements, starting with D.M. Entertainment Pvt. Baby Gift House & Ors.

Personality Rights 111

Personality Rights Privacy Copyright Trademark 111

IP and Legal Filings

APRIL 23, 2024

This process of subinfeudation from on high—the giving of land to thekedars (contractors) who subsequently acquired zamindari (land ownership rights)—alters the existence of a tribal people, which was previously unused to paying any rent other than a token quit-rent to the manki or munda (village headmen).

Publishing 105

Publishing Settlement Ownership Business 105

LexBlog IP

JANUARY 17, 2024

Financial Market Utilities This exemption includes any financial market utility designated by the Financial Stability Oversight Council under Section 804 of the Payment, Clearing, and Settlement Supervision Act of 2010. or abroad, including any ownership interests. b) has an operating presence at a physical office within the U.S.,

Reporting 52

Reporting Ownership Business Government 52

LexBlog IP

AUGUST 29, 2023

Financial Market Utilities This exemption includes any financial market utility designated by the Financial Stability Oversight Council under Section 804 of the Payment, Clearing, and Settlement Supervision Act of 2010. or abroad, including any ownership interests. b) has an operating presence at a physical office within the U.S.,

Reporting 52

Reporting Ownership Business Government 52

SpicyIP

AUGUST 3, 2023

In 2010, the amended version of the bill was presented by the Parliamentary committee (see generally, Indian “Bayh Dole” Amendments: A Historic Moment in Indian IP Policy Making ). At the same time, South Africa also rolled a similar “Bayh Dole” ball. Prashant and Saranya, while highlighting the need for “march-in” rights (i.e.

Registration 98

Registration IP Copyright Blogging 98

IP and Legal Filings

MARCH 14, 2023

The Nagoya Protocol, which was signed in 2010, highlights the need for an archive of Indigenous biocultural community protocols, which are considered as norms linked to social structures and processes. x] It is challenging to accurately identify and follow the knowledge holders [xi] , partly because complex group ownership.

Intellectual Property 52

Intellectual Property Journalism Ownership Higher Education 52

The TTABlog

OCTOBER 3, 2022

Although it did not resume use of the mark for seven years, it commenced TTAB litigation with ARSA in 2016 regarding ownership of the mark. The Board first considered the issue of ownership of the EUCALIN mark. In May 2015, applicant was removed from the SDNT list. In October 2015 it filed an application to register its EUCALIN mark.

Ownership 40

Ownership Litigation Registration Business 40

LexBlog IP

MAY 18, 2022

*SPC’s Guiding Cases are not binding precedents but “have guiding effect on adjudication and enforcement work in courts throughout the country,” according to the Provisions of the Supreme People’s Court Concerning Work on Case Guidance issued on November 26, 2010. Like in the U.S.,

Designs 40

Designs Design Copyright Artistic Work 40

The TTABlog

MAY 25, 2023

JBL pointed to its ownership of seven design patents for rocking chairs of the same or a very similar configuration. There were no utility patents of record, nor any evidence showing that JBL touted any utilitarian advantages of this product design.

Designs 40

Designs Design Design Patent Advertising 40

LexBlog IP

JANUARY 16, 2024

picked the fight back up and filed a new petition to cancel the DANTANNA’S registration, alleging that Great Concepts’ 2010 Section 15 declaration constituted fraud warranting cancellation of its registration under Section 14 of the Lanham Act. About five years later, Dan Tana’s successor, Chutter, Inc., 1:08-CV-975-TWT.

Registration 52

Registration Due Diligence Trademark Registering Trademarks 52

SpicyIP

FEBRUARY 27, 2024

We have already traversed through Junes , Julys , Augusts , Septembers , Octobers , Novembers , Decembers , and shared some stories like Rahul Cherian’s Legacy, 2010’s International Efforts on Pandemics, Corruption in IP Offices, Law Making via Leaked Documents, etc. It’s the 8th post of this monthly series.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

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. 2010) (citing Lee v. 2010) (quoting Payless Shoesource, Inc. Take, for example, a T shirt which features a painting, sculpture, or even graffiti. 2d 1214, 1217 (S.D. 10] See OddzOn Prods.,

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

Intepat

OCTOBER 23, 2024

Navinta LLC (2010), the plaintiff filed an infringement suit without holding the patent’s legal title. Among the various types of conveyance deeds listed by the USPTO, nunc pro tunc agreements require an additional detail: the specification of the effective date for the transfer. In Abraxis Bioscience, Inc.

Intellectual Property 52

Intellectual Property Trademark Intellectual Property Law IP 52

LexBlog IP

JANUARY 11, 2023

During litigation, the unredacted version may be used as evidence to support the ownership of the redacted portions in the registered mask work. Between 2010-2022, there are 646 mask works registered in the U.S. Inspection of a Registered Mask Work. Id, section 2407.1(D)(2). Statistics from Copyright Office’s Annual Reports.

Registration 40

Registration Designs Design Copying 40

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. 2010) (citing Lee v. 2010) (quoting Payless Shoesource, Inc. Take, for example, a T shirt which features a painting, sculpture, or even graffiti. 2d 1214, 1217 (S.D. 10] See OddzOn Prods.,

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

Corsearch

NOVEMBER 15, 2022

The accuracy and traceability of ownership is the key attraction here. The volume of issues Alex Atallah, the co-founder of Opensea, recently tweeted that “There are now more NFTs on OpenSea than there were websites on the internet in 2010”[6]. Our recent article explores the implications of NFTs for brand and IP protection.

Branding 52

Branding Branding Brands Non-Fungible Tokens 52