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A new report from the Department of Commerce, the agency of which the USPTO is a part, was released last week following its ” audit of the United States Patent and trademark Office’s (USPTO’s) efforts to improve the accuracy of the trademark register” that began in April of 2020. See all the details here: [link].
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.
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. Registration of a Mask Work.
As reported, in 2020, the copyright office rejected an application which listed AI (RAGHAV) as the sole author for an artwork. This copyright office granted registration in this case. The basis of grant of registration is not clear. The basis of grant of registration is not clear. A worrisome paradox.
The Trademark Modernization Act of 2020 (“TMA”) provides for, inter alia, (a) streamlined proceedings to address registrations for marks that have never been in use or are not currently in use (expungement and reexamination proceedings), (b) new grounds upon which to seek cancellation of a registration, (c) expanded use of letters of protest, and (d) (..)
copyright law in December 2020 with the signing of the Copyright Alternative in Small-Claims Enforcement Act (CASE Act). . The lion’s share of cases, 84, had works that were already registered when the case was filed (Note: There are an additional three cases where the registration status is unknown).
Here's what Anna Maria and Lorenzo write: Parasitic advertising on UEFA Euro 2020: Italian Competition Authority imposes first sanction for ambush marketing by Anna Maria Stein and Lorenzo Maniaci Ambush Kat By its decision No. 16 of 11 March 2020 ('Law-Decree No. 16/2020'), converted with amendments, by Law No.
According to that directive, from 1 January 2022, the CNIPA will only provide an electronic version of trade mark registration certificates. As strange as it may sound in today’s world of electronic formality, ‘paper’ is a big deal for the registration process in China. 1574) was launched.
However, H&M felt that there was an error in Unicolors’ copyright registration. According to H&M, the registration was invalid as Unicolors registered the work as part of a collection when it should have been a separate registration. . Why This Case is Important. If you are a U.S.-based For example, the U.S.
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
It’s a confusing question with no easy answer, but it’s an issue that puts the copyright registration of every website at risk. The Registration Wrinkle. However, the key one for this article deals with the copyright registration FDN obtained over the work. In the United States, a registration with the U.S.
Belmora ) had the TTAB tackled this issue, and here it reached the same outcome: cancellation of two registrations on the ground that Registrant Meenaxi used its registered marks THUMS UP and LIMCA to misrepresent the source of its soft drink products. 3d 1298, 2020 U.S.P.Q.2d 2020), cert. Meenaxi Enterprise, Inc.
TTAB filing increases have moderated some lately, but they always lag a year or more; given the increased applications and record number of registrations, a rise in TTAB filings seem inevitable to me in the near future. the vast majority (3/4) of applications come from applicants who submit 10 or less applications.
The USPTO has issued its final regulations under the Trademark Modernization Act of 2020. pdf of Act here ]. The new rules [pdf here ] go into effect on December 18, 2021 , except for the implementation of the shorter response period for office actions, which will go into effect on December 1, 2022. Read comments and post your comment here.
Indian Copyright Registration The Indian Copyright Office is similarly confused how to handle such requests. As previously reported, the copyright office rejected an application in 2020 that claimed AI (RAGHAV) who was only/sole author of the artwork. [i] In this case, the copyright office allowed registration.
Recently, USPTO Commissioner for Trademarks David Gooder wrote on the USPTO Director’s Forum Blog that registrations for U.S. trademarks are up 63% from the same period in 2020. The USPTO received over 92,600 trademark applications in December 2020 alone. First Action Pendency (months) in Q1 of 2020 was 2.8
Late last month (August), the Kampala Protocol on voluntary registration of copyright and related rights within the framework of the African Regional Intellectual Property Organization (ARIPO) was adopted at a Diplomatic Conference held in Kampala, Uganda. This post presents some of the highlights of the Protocol. See Article 8.
It was in October 2020 when SSPL came to know about NTC’s use of a similar label and trade dress for its set of soya bean edible oil products. The argument that copyright protection and trademark registration were two different things and lacked connection and that an individual or entity couldn’t own both was wholly incorrect.
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.
But now that they are imminent, the most important thing that brand owners should know is: Filing new applications – or renewals if eligible – in December 2020 will save you money. For details on how to check if your trademark registration is eligible for renewal filing now, see my video here. Post Registration Fees.
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] (..)
1: Ninth Circuit Affirms Validity of Unicolors’ Copyright Registration on Remand, But H&M Scores Big on Remittitur Calculations. Unicolors won at the district court, but that was overturned over issues with the copyright registration. Let me know via Twitter @plagiarismtoday.
On December 2020, Congress passed the Copyright Alternative in Small-Claims Enforcement Act or the CASE Act. Though the infringement isn’t in question, the copyright registration is. In the United States, a copyright registration is required before a lawsuit can begin. 1: The Copyright Small Claims Court.
According to the Yonays, they completed that process and the rights reverted to them in January 2020 and work on Top Gun: Maverick didn’t finish until 2021. 3: Thaler Pursues Copyright Challenge Over Denial of AI-Generated Work Registration. 2: IPTV Pirate Must Pay £963K or 88 Month Prison Sentence Becomes 168 Months.
Here are what I found to be the most important trademark issues of the year: Trademark Modernization Act of 2020 (“TMA”) goes into effect. The TMA was passed as part of the COVID relief bill in December 2020. Despite these steps, trademark applicants and registrants continue to be bombarded with scam mailings and communications.
Supreme Court held 6-3 that the Ninth Circuit erred in invalidating a copyright registration for failure to comply with the Copyright Office’s “single unit of publication” regulation, where the copyright owner had knowledge of the facts but arguably misunderstood the legal standard. Legal Background: Registration. Unicolors, Inc.
WIPO administers the WIPO-administered Hague System for the International Registration of Industrial Designs. For instance, 55% of global design applications filed in 2020 were by Chinese residents. by Dennis Crouch. In 2015, the US linked its design patent system with Hague — this gives U.S. applicants easier access to the U.S.
Passed into law in 2020 and opening its doors in June 2022, it promises a simple and affordable way to address copyright claims. . In addition to the filing fees, if you require an expedited registration of your work, that is another $50 fee for each work involved. To that end, the CCB upholds many of its promises.
The second tangential way there’s an impact is the USPTO’s “supply chain” And by that, I mean the backlog of trademark filings at the USPTO following the historic filing rush of 2020, which grew even more historic at the end of 2020 and early 2021.
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 2020, and 5.8%
Background Senso-Rex (the appellant) successfully obtained a UK trade mark registration for the word mark “GRAVITY” for goods in Class 10 (therapeutic weighted blankets and blankets for medical purposes) of the Nice Classification. The definition of an international trade mark is found in section 53 of the same Act.
I found 166 cases in 2021 (so far), a 23% increase over 2020. Individual emoji symbols can obtain copyright registrations… sometimes. When the symbols “include something in addition to common tropes and shapes,” and even then, the registrations should only preclude verbatim copying. When exactly?
Australia’s Parliament has recently passed the Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 to allow designers more flexibility and simplify the designs system. Tyrone Berger , reports on what he calls "long-awaited changes" to the design law of Australia. Royal Assent was granted on 10 September 2021.
trademark registrations and have been involved in dozens of disputes before the Trademark Trial and Appeal Board (“TTAB”). trademark registrations. Mr. Pelton supervised the Trademark Clinic at Howard University School of Law from 2020 to 2024 and has been an adjunct trademark law professor at Georgetown University since 2023.
. § 1064(3) for determining whether a registered trademark has “become” generic applies where a term originated as generic before registration. This is an interesting new trademark petition that suggests some nuance from the Court’s 2020 decision in BOOKING.COM. Petition ].
In the waning days of 2020 and in the heights of the COVID-19 pandemic, Congress passed the Trademark Modernization Act. often foreign-based) registrations. often foreign-based) registrations. The USPTO has now issued its final rule on those changes. Most of the changes will kick in during December 2021, By: Brooks Pierce
In the midsummer of 2020, the Supreme Court of the United States rendered an unusual decision in its first telephonic oral argument. The USPTO’s Trademark Trial and Appeal Boards both denied the registration, underscoring that consumers will perceive “Booking.com” as overly generic. Photo by Ian Hutchinson (Unsplash). Booking.com B.V.
In India, Section 47 [iii] of the Trademarks Act defines two situations under which a registered trademark may be revoked: If it can be shown that the trademark was registered without a bona fide purpose to use it, the registration will be invalidated. This is also known as the removal of a trademark from the registry for lack of usage.
In 2019, it was due to road work on my street and both 2020 and 2021 due to the pandemic. 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.
It seems that the Laguiole saga [covered by The IPKat here , here , here and here ] is far from over: the Appeal Court of Aix-en-Provence has recently cancelled the registration of “Couteau Laguiole” (Laguiole knife) as a French geographical indication (GI) because the consumers would be confused as to the knives’ geographical origin.
As per the Annual State of Education Report (ASER) survey findings in September 2020 (covering 52,227 rural households with school age children in 30 States and Union Territories), around 20% of rural children across the country have no textbooks at home. This shows how digitising access to textbooks can improve accessibility. Section 2.2(iv)
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. .”
Similarly, in the early 1980s, Taco John’s, a regional fast-food chain based in Wyoming, filed an application for registration of the trademark ‘Taco Tuesday’. In 1989, the United States Patent and Trademark Office (USPTO) granted the registration with Registration no. 1572589 under Class-43 in favor of Taco John’s.
This registration had a tumultuous road on route to registration: historical disputes, conflicts with trade marks, a legal reform and two separate GI applications. The application for registration of “Couteau Laguiole” asserts that the Laguiole cutlery industry was revived by bringing cutlers from Thiers.
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