IP and Legal Filings

JANUARY 26, 2023

2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks. Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3] In this also falls the case of colour marks.

Registration 97

Registration Trademark Trademark Law Law 97

Erik K Pelton

DECEMBER 10, 2024

Note that this field may be subject to changes and developments more than others when it comes to trademark registration strategies. If the answer to the prior question is No, is USPTO registration available for auxiliary products or services that arent affected by the CSA, such as providing information via a website, or apparel?

Branding 130

Branding Brands Branding Trademark 130

Intellectual Property Law Blog

JANUARY 11, 2023

The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Registration of a mask work with the Copyright Office provides certain legal benefits, including the ability to bring a lawsuit for infringement of the mask work. Id, section 1206. In particular, Section 1213.2

Registration 130

Registration Designs Design Copying 130

The IPKat

JULY 28, 2022

A useful timeline of events was provided by Darren Meale in his guestpost concerning last year’s Court of Appeal decision: July 2017: High Court refuses a pre-trial reference to the CJEU as premature [2017] EWHC 1769 (see Retromark Volume II ) February 2018: High Court’s 358 paragraph judgment finding infringement subject to referral questions [2018] (..)

Registration 138

Registration IP Law 138

IP Watchdog

FEBRUARY 23, 2022

Copyright Office (USCO) denying registration of a two-dimensional artwork generated by Creativity Machine, an artificial intelligence (AI) algorithm created by Dr. Stephen Thaler. Thaler filed an application to register the computer-generated work, “A Recent Entrance to Paradise,” on November 3, 2018.

Copyright 145

Copyright Artwork Ownership Registration 145

Technology & Marketing Law Blog

DECEMBER 15, 2021

This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. ” Nevertheless, the successor licensee sent DMCA takedown notices to Amazon targeting the registrant’s stripped-down sticker. .”

Registration 132

Registration Fair Use Copyright Design 132

The TTABlog

JULY 22, 2021

In this cancellation proceeding targeting two registrations for the mark BLEU ICE for clothing, the Board entered judgment by default on December 19, 2018, after Respondent Davoudzadeh failed to file an answer or respond to the notice of default. So, presumably, he received the petition.

Registration 59

Registration Trademark Business Copyright 59

The TTABlog

JULY 29, 2024

The Board denied a petiton for cancellation of a registration for the mark shown below, for various clothing items, rejecting Petitioner Paradise Holdings' likelihood of confusion claim because Paradise failed to prove priority. 1057(e), a registration may be amended “for good cause.” Neo Nyc inc , Cancellation No. Welch 2024.

Registration 69

Registration Trademark Copyright 69

Plagiarism Today

AUGUST 18, 2021

Though originally released in 2018, Among Us became wildly popular during the pandemic, with streamers and gamers alike discovering it and enjoying both the cartoonish art style and the intrigue of trying to suss out who the imposters are. However, it wasn’t the end of Epic Games’ issues with copying. billion for Epic Games.

Plagiarism 246

Plagiarism Copying Artwork Copyright Infringement 246

Patently-O

NOVEMBER 24, 2024

In 2018, Dr. Stephen Thaler, creator of the ‘Creativity Machine’ AI system, sought copyright registration for an AI-generated image, listing the Creativity Machine as author. After two failed requests for reconsideration, Thaler sued to compel registration. by Tim Knight and Dennis Crouch.

Art 96

Art Artwork Registration Copyright Law 96

Corsearch

FEBRUARY 28, 2024

Read on to learn about: The difference between patents and industrial designs Recent industrial designs registration trends How you can swiftly search for industrial designs with Corsearch What are industrial designs? These and other questions are relevant in assessing registrability potential for patents. in 2018, 3.9%

Registration 59

Registration Designs Design Intellectual Property 59

The TTABlog

MARCH 17, 2024

The Board granted a petition for cancellation of a registration for the mark VIPER SPORTS for "“batting gloves; baseball batting gloves," finding confusion likely with the common law mark VIPER for batting gloves. The only real issues were priority and the strength of the VIPER mark. Viper Bats Inc. Smash It Sports Inc. Cancellation No.

Registration 59

Registration Social Media Trademark Business 59

The IPKat

AUGUST 8, 2021

Registration was obtained in March 2018 by decision of the Opposition Division following an unsuccessful opposition filed by Aeroporto di Villanova d’Albenga SpA (Riviera-Airport) (the applicant), which was named Aeroporto Villanova d’Albenga SpA at the time of the opposition. azacilik Tekstil Sanayi ve Ticaret v EUIPO (C?104/18

Cease and Desist 128

Cease and Desist Registration Business Marketing 128

Plagiarism Today

OCTOBER 24, 2022

This year, for the first time since 2018, we will be open, and we couldn’t be more excited. However, it lapsed into the public domain in 1953 after the owners failed to renew their copyright registration, which was required at the time. However, for the past few years, the haunt has been closed.

Copyright 271

Copyright Public Domain Copying Copyright Notice 271

The IPKat

DECEMBER 13, 2021

In R 2536/2018-4 , the same parties, Krasnyi Octyabr and Roshen, litigated over the packaging of “Kara-kum” candies, another famous Soviet sweet. In R 2496/2018-5 , Krasnyi Octyabr opposed the registration, by Steinhauer Holding, of a figurative mark used on the packaging for “Little Red Riding Hood” candy.

Branding 125

Branding Brands Branding Litigation 125

The IPKat

JULY 14, 2021

Background In 2018, Guerlain applied to register the 3D sign represented above (left-hand side) for “lipsticks” in Class 3. one of Rouge G de Guerlain : Today, also the General Court did agree in its judgment in T-488/20 Guerlain [currently only available in French].

Registration 145

Registration Marketing Marketing Copyright 145

Erik K Pelton

DECEMBER 31, 2021

An expungement proceeding allows for cancellation, in whole or in part, of a trademark registration between three and ten years old if the mark has never been used in commerce with some or all of the registered goods and/or services. 2018: [link]. For the latest developments o­n trademark scammers, check, Is This a Trademark Scam?®.

Editing 147

Editing Non-Fungible Tokens Trademark All Rights Reserved 147

IP Tech Blog

JANUARY 22, 2024

Among other things, the Initiative’s portal compiles registration decisions for AI-generated materials. Particularly instructive is a December 11, 2023 decision by the Copyright Review Board affirming the denial of registration to an AI-generated artwork. does not contain enough original human authorship to support a registration.”

Registration 62

Registration Art Copyright Editing 62

IPilogue

DECEMBER 21, 2022

A quick search on the USPTO’s trademark database shows that Apple first filed the trademark registration for SMART KEYBOARD back in December 2015 as an iPad Pro accessory. The USPTO rejected the application in 2018, and the Trademark Trial and Appeal Board (“TTAP”) upheld this decision in 2021. Future implications.

Trademark 105

Trademark Registration Technology Trademark Law 105

Olartemoure Blog

MARCH 16, 2022

It is to be mentioned that many products fall in different regulatory categories than those whereby they were registered in the country of origin, sometimes requiring additional technical documentation for its sanitary registration (Marketing Authorization-MA). Sentence 2004-00883 of June 7, 2018. Arias Regulatory Affairs Manager.

Registration 98

Registration Branding Brands Branding 98

Technology & Marketing Law Blog

FEBRUARY 4, 2023

He didn’t pay the renewal fee in 2018 (allegedly due to a glitch in GoDaddy’s billing), so GoDaddy released the domain name. “Rigsby’s suit under § 1125(a) is essentially a repackaging of secondary liability claims, targeting the domain registrar directly for the acts of the registrant.” Lanham Act.

Registration 105

Registration Privacy Blogging Publishing 105

The TTABlog

APRIL 8, 2024

The Board granted a petition for cancellation of a registration for the mark TEEN EARTH for "entertainment in the nature of beauty pageants" on the ground of abandonment. Respondent Stafford is the assignee of the subject registration, which was obtained by former U.S. franchisees of Carousel. Coach Builders , 123 USPQ2d at 1192.

Registration 53

Registration Trademark Copyright 53

IP and Legal Filings

AUGUST 11, 2023

2] This new set of marks is often referred to as non-traditional trademarks , and the qualification for their registration, as opposed to a traditional mark, is substantially higher. [3] I do this by demonstrating the statutory criteria for trademark registration and then applying the set criteria to check the registrability of braille.

Trademark 98

Trademark Registration Intellectual Property Intellectual Property Law 98

Erik K Pelton

DECEMBER 20, 2022

And the number of active trademark registrations in the USPTO database is larger than ever. Additionally, since late December 2021, when new procedures went into effect, the USPTO has received around 100 expungement petitions and about 100 re-examination petitions to get rid of registrations for marks that are allegedly not in use.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

The IP Law Blog

SEPTEMBER 9, 2021

Global fashion brand Nine West recently filed a Notice of Opposition with the Trademark Trial and Appeal Board contesting the registration of the mark “Nina West” by a company owned by Andrew Levitt, drag name Nina West. Nine West, popular for its shoe, handbag, and accessory lines, filed for bankruptcy in 2018.

Trademark 98

Trademark Branding Brands Branding 98

The IP Law Blog

SEPTEMBER 14, 2023

Allen originally filed for copyright registration on September 21, 2022, but did not disclose that he had used an AI system to create the work. Allen did not agree to the request and continued to request copyright registration of the entire work. Therefore, Allen asserts the final work is eligible for copyright registration.

Art 120

Art Copyright Registration Fair Use 120

Kluwer Copyright Blog

FEBRUARY 2, 2023

.” (For a comment, see here ) The DABUS team (the Artificial Inventor Project ) starting testing copyright law back in 2018, seeking to register with the US Copyright Office (USCO) A Recent Entrance to Paradise , an image created by DABUS. Registration was refused in August 2019, in line with previous US case law and guidance.

Copyright 145

Copyright Art Fair Use Registration 145

The TTABlog

AUGUST 19, 2024

In a "somewhat unusual" Section 2(d) cancellation proceeding targeting a Supplemental Register registration and involving "dueling claims of acquired distinctiveness," the Board granted a petition for cancellation of Fieldvine's Inc's registration for the mark PERMITS.COM for construction permit services.

Registration 49

Registration Advertising Advertising Service Mark 49

Traverse Legal Blog

JANUARY 26, 2021

Even though the United States Patent and Trademark Office (USPTO) does not currently allow federal trademark registration for goods or services that violate federal law, it does allow federal trademark registration for cannabis and cannabis-related goods and services if the use in commerce is lawful.

Trademark 97

Trademark Registration Branding Brands 97

SpicyIP

APRIL 15, 2022

PPL regarding the conflict over registration as collecting societies. Importantly, the court has clarified that the registration of RMPL would not prejudice the decision on the registration of PPL. The Court has also made a prima facie observation that PPL got “hopes” of registration from correspondences with the Registrar.

Registration 105

Registration Licensing Copyright Litigation 105

43(B)log

AUGUST 19, 2021

CasperLabs was founded in October 2018 under that name. It filed an application to register CASPER as a trademark in connection with blockchain technology; the registration issued in November 2020. Thus, to prevail, Zamfir would need to rebut the presumptions created by the registration, and he didn’t.

Registration 56

Registration Social Media Trademark Registering Trademarks 56

Erik K Pelton

DECEMBER 28, 2020

The number of applications filed, and registrations granted in FY2020 both grew over the prior year, to the highest in history. trademark registrations! When Congress passed the CARES Act in late March, it featured provisions allowing the USPTO to extend some deadlines for applicants and registrants for a few months.

Trademark 130

Trademark All Rights Reserved Registration Branding 130

Olartemoure Blog

SEPTEMBER 2, 2022

It is worth noting that the Health Promoting Entities and Health Insurance Companies, among others, have the obligation to implement the Subsystem of Corruption, Opacity and Fraud Risk management since 2018. This regulation shows that this Superintendency initiated the compliance with the 2195 of 2022 on the implementation of the PTEE.

Intellectual Property 105

Intellectual Property Registration Business Trademark 105

The IPKat

MARCH 22, 2023

Supreme Court’s ruling In 2018, the Consortium of PDO “Pecorino Romano” filed a lawsuit against Formaggi Boccea before the Court of Rome. Consortium won at first instance (ruling no 18413/2018), but Formaggi Boccea won on appeal (ruling no 5216/2019). Consortium alleged that “Cacio Romano” infringed its exclusive rights under Arts.

Art 141

Art Registration Government Publishing 141

Velocity of Content

AUGUST 4, 2021

Copyright Registration for Podcasters. In the second , I looked at the group registration procedures recently made available by the US Copyright Office which are specifically useful to bloggers, and to managers of blog sites. Unless there is a pickup in demand for registration of podcasts, it may be a long while before we know.

Copyright 98

Copyright Registration Music Blogging 98

SpicyIP

APRIL 4, 2022

The defendant, on the other hand, argued that they had filed for registration of their mark ‘Dil Afza’ in 2018, claiming that the same has been in use since 1949. They claimed that in March 2020, the defendant launched a syrup/sharbat ‘Dil Afza’ with a mark, get-up and design deceptively similar to that of the plaintiff’s. Judgment.

Trademark 119

Trademark Registration Trademark Law Branding 119

IP and Legal Filings

SEPTEMBER 30, 2021

Turnover of the entity for any of the financial years since incorporation/ registration has not exceeded one hundred crore rupees. All the supporting documents will be needed for the process of registration. For getting recognition in the Startup India Action Plan, one needs to come under the definition of Startup to be eligible.

Registration 91

Registration Business IP Patent 91