LexBlog IP

APRIL 24, 2023

” the Office’s recent registrability decision regarding the graphic novel created by Kris Kashtanova creates nearly insurmountable, unnecessary hurdles to all kinds of AI authorship. Combine that “mastermind/dominant” author doctrine with the run of cases discussing ownership of software outputs (i.e.,

Ownership 64

Ownership Copyright Registration Public Domain 64

The TTABlog

JULY 13, 2021

But Applicant owns prior registrations for ELDORADO HOTEL CASINO RENO in standard character and design forms, and the Board concluded that, as in Strategic Partners , the thirteenth duPont factor "tipped the scale" and outweighed the other factors, "making confusion unlikely under the facts of this case." Welch 2021.

Registration 52

Registration Designs Design Ownership 52

The IPKat

MARCH 14, 2024

The IPKat has received and is pleased to host the following guest contribution by Nkem Itanyi (University of Nigeria) on a recent dispute over copyright ownership of the movie, Shanty Town which premiered on Netflix in January 2023 and discussions over a sequel to the movie. GMC denied the assertions as false.

Copyright 75

Copyright Cease and Desist Ownership Registration 75

The TTABlog

JUNE 28, 2022

Kretet also pointed to its ownership of a registration for a similar mark for non-medicated skin serums, but the Board was unimpressed. Seven third-party websites offered, under the same trademark or trade name, goods identified in both the involved application and cited registration. In re Krete LLC , Serial No.

Designs 43

Designs Design Registration Ownership 43

LexBlog IP

MAY 18, 2022

2D designs and texts on a product or packaging may be protected as written, pictorial, photographic, and graphic works, or even works of fine art, depending on the nature of the design elements. The situation is much more complex for product designs and 3D packaging. copyright law. Beijing Zhongrong Hengsheng Wood Industry Co.

Designs 52

Designs Design Copyright Artistic Work 52

The TTABlog

SEPTEMBER 27, 2021

88897035 (September 23, 2021) [not precedential] (Opinion by Judge Thomas Shaw). Applicant claimed ownership of the word-plus-design mark shown immediately below, for "clothing, namely, shirts, t-shirts, shorts, sweatshirts, pullovers, pants, jackets, coats, belts, socks, headwear and footwear." In re 1872 LLC , Serial No.

Registration 52

Registration Ownership Designs Design 52

LexBlog IP

DECEMBER 17, 2021

Recommended Reading: Germain and Sitler, “The Constitution Commandeth: Thou Shalt Not Protect the Same Subject Matter Under Design Patent and Trade Dress Laws” [link] pic.twitter.com/JCpHwspoIH. — TTABlog (@TTABlog) December 17, 2021. — TTABlog (@TTABlog) December 15, 2021.

IP 52

IP Ownership Design Patent Designs 52

43(B)log

AUGUST 19, 2021

CasperLabs, LLC, 2021 WL 1164985, No. 26, 2021) Zamfir is a researcher in the field of cryptoeconomics and distributed systems; he and Vitalik Buterin are allegedly the two lead researchers of the proof-of-stake blockchain protocols known as Casper (name adopted around 2015). 21cv474-GPC(AHG) (S.D. 1) The marks were identical. (2)

Registration 70

Registration Social Media Trademark Registering Trademarks 70

The IPKat

AUGUST 17, 2022

In a somewhat comparable situation, a trade mark holder has surrendered some of their registered marks, even though they were accepted by the UK Intellectual Property Office (IPO), after receiving public backlash against the registrations. What does this mean for the hundreds of other registrations that include these, or similar, words?

Social Media 136

Social Media Registration Intellectual Property Ownership 136

The IPKat

APRIL 19, 2023

Ownership of every name periodically expires and, at that point, anyone may freely claim it on Namecoin by re-registering the expired name. If a new user re-registers a name whose registration is expired, a new token is created. If a new user re-registers a name whose registration is expired, a new token is created.

Non-Fungible Tokens 120

Non-Fungible Tokens Artwork Contracts Art 120

The TTABlog

DECEMBER 21, 2021

The NAKED condom case returned to the TTAB after a CAFC reversal [ TTABlogged here ] and the Supreme Court's denial of the registrant's petition for writ of certiorari (September 2021). 92056381 (December 16, 2021) [not precedential] (Opinion by Judge Marc A. Australian Therapeutic Supplies Pty. Naked TM, LLC , Cancellation No.

Registration 49

Registration Contracts Advertising Advertising 49

LexBlog IP

AUGUST 16, 2023

The deal market reached historic levels in recent years, with record-setting merger and acquisition activity in 2021. IP Ownership Nearly all purchase agreements require the seller to warrant that it owns or licenses the intellectual property necessary for operation of the business.

Due Diligence 52

Due Diligence IP Intellectual Property Ownership 52

LexBlog IP

AUGUST 14, 2023

On January 1, 2021, Congress enacted the Corporate Transparency Act (the “CTA”) as part of the Anti-Money Laundering Act of 2020 in the National Defense Authorization Act for Fiscal Year 2021. It is designed to capture anyone who can make important decisions on behalf of the entity. What is Substantial Control?

Business 52

Business Ownership Reporting Registration 52

The TTABlog

APRIL 6, 2022

Applicant ADOL sought registration of the marks SKËNDERBEU and GJERGJ KASTRIOTI SKËNDERBEU (Stylized) for "beverages from wine distillates, namely, brandy and grape brandy." 2021 USPQ2d 831, at *18 (TTAB 2021). Fraud: Illyrian alleged that ADOL committed fraud by falsely claiming ownership of the subject marks.

Ownership 52

Ownership Registration Trademark Contracts 52

The TTABlog

JUNE 13, 2022

The Board has re-designated as precedential its April 2001 decision dismissing an opposition to registration of the mark SPINTIRES for computer games and software. 91248894 (April 2, 2021) (re-designated as precedential, June 1, 2022). Opposer Saber Interactive alleged only one claim: nonownership. Hole In 1 Drinks, Inc.

Ownership 40

Ownership Registration Designs Design 40

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. ” Nevertheless, the successor licensee sent DMCA takedown notices to Amazon targeting the registrant’s stripped-down sticker. .” per sticker set.

Registration 113

Registration Fair Use Copyright Designs 113

SpicyIP

MAY 18, 2022

The Indian Trade Marks Registry is also seeing activity under classes 9, 35 and 41 for registration of trademarks in relation to ‘downloadable virtual goods’ and online virtual services. Dec 21, 2021. Dec 15, 2021. However, when it comes to virtual goods, classification is not straightforward.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

IPilogue

DECEMBER 16, 2021

Following its worldwide premiere on November 24, 2021, the biographical film House of Gucci may face lawsuits for its depiction of the Gucci family. In addition to registrations for the word Gucci, the brand has several design marks such as its renowned interlocking double Gs. Photo by Artem Beliaikin ( Pexels ).

Branding 110

Branding Brands Branding Trademark 110

43(B)log

OCTOBER 31, 2022

Zamfir alleged that, though continued to inquire about the status of the CASPER trademark application CasperLabs represented it would file on his behalf, he didn’t learn that CasperLabs had registered the CASPER mark until early 2021. Zamfir also sought to cancel CasperLabs’ trademark registrations and sufficiently pled that under 2(d).

Registration 57

Registration Trademark Ownership Marketing 57

IP and Legal Filings

OCTOBER 18, 2022

The protection includes ensuring registration ad enforcement within the territories of the country for the interested owners and applicants. As such, breeders can obtain patents, trademarks, and industrial designs that establish their ownership over legally approved new plant varieties. Image Source: Freepic].

Intellectual Property 52

Intellectual Property Registration Intellectual Property Law Law 52

TorrentFreak

APRIL 12, 2022

Company Claims Ownership of ‘Reloaded’ Trademark. Trademark Registration No. ’ The RELOADED® trademark was registered on June 8, 2021.” “To protect its rights in the RELOADED trademark NuStar obtained and owns U.S. . ” NuStar Tried to Negotiate With Carrasquillo.

Branding 123

Branding Brands Branding Trademark 123

LexBlog IP

DECEMBER 9, 2021

A step-by-step guide to the trademark Registration process and timelines. Registration. As of December 2021, the currently estimated pendency of the USPTO trademark registration process is about 11.2 Trademark registration does not issue until the USPTO approves the application. Q: Why such a long wait? Engagement.

Trademark 52

Trademark Registration Intellectual Property Registering Trademarks 52

43(B)log

FEBRUARY 23, 2023

Users can download “dapps” (or decentralized applications) which allow users to design and develop software using the Internet Computer blockchain. In 2021, Dfinity announced its Developer Grant Program, a grant fund of $200 million “to support initiatives for developers to work on the Internet Computer.”

Designs 57

Designs Design Registration Trademark 57

IPilogue

SEPTEMBER 23, 2021

Something has recently gone awry with the law of copyright ownership in a movie or other film — a “cinematographic work”, as s. Part I of the Act deals with the ownership of copyright in works. 13 are the only ones that deal with the ownership of copyright in works. Owning copyright is one thing; proving ownership is another.

Ownership 92

Ownership Copyright Intellectual Property Designs 92

The IPKat

JANUARY 13, 2022

The result is that the smart contract allows you to represent any IP, e.g., trademarks, designs, patents or copyrights, with a token. The advantage of using standardized tokens with a sufficiently distributed blockchain is the possibility to digitally display ownership of IP in a secure, transparent and immutable manner.

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

LexBlog IP

DECEMBER 3, 2021

The Registry requires verification of the rights by the brand owner listed with the USPTO on the registration in order to create the account. The owner must apply for registration and will need to provide the trademark registration number, product categories, and a list of countries where products are manufactured and distributed.

Branding 52

Branding Brands Branding Intellectual Property 52

IP and Legal Filings

NOVEMBER 30, 2022

More and more loans are being supported by certain intellectual property assets, such as copyrights, designs, and patents, or revenue streams connected to these assets. Ownership of intellectual property (IP) used as collateral often belongs to the borrower. In 2021, the creative economy produced 6.98

IP 52

IP Intellectual Property Business Government 52

LexBlog IP

NOVEMBER 17, 2021

AMUL Canada , 2021 FC 636 is the most recent example of the effectiveness of default judgment. Kaira also owns common law design marks which are displayed on the websites www.amul.com and www.amuldairy.com. First, Kaira provided evidence of the goodwill that the AMUL brand and designs have acquired globally and in Canada.

False Advertising 40

False Advertising Social Media Trademark Branding 40

LexBlog IP

JANUARY 25, 2024

Background In 2021, plaintiff Punchbowl, Inc.—an ” [8] The Court explained that lower courts correctly apply Rogers only where the trademark is used “solely to perform some other expressive function,” rather than “to designate a work’s source.” 1] Punchbowl, Inc.

Trademark 40

Trademark Designs Design Branding 40

JIPEL Copyright Blog

MARCH 16, 2022

This is a bigger concern in countries where there is no “commercial use” requirement for registering a trademark, but this is nothing new for brands’ legal counsels who are already prepared to handle such cases, especially if the brand is already titleholder of similar trademark registrations in the same or similar classes. Nike, Inc.

Trademark 40

Trademark Non-Fungible Tokens Branding Brands 40

IIPRD

AUGUST 13, 2021

This may include novel inventions, an MSME’s brand name, or an industrial design. This included reducing the amount required to file a patent and a design by 60 percent and 50 percent respectively. Here, the owner of the MSME would have sole ownership over his/her IP.

Intellectual Property 40

Intellectual Property IP Business Branding 40

Copyright Lately

APRIL 30, 2021

Nineties grunge-rock band Nirvana, already embroiled in a long-running legal battle against fashion company Marc Jacobs over its “happy face” t-shirt designs , now finds itself on the less happy end of a new copyright infringement lawsuit worthy of Dante’s trip through the underworld. Welcome to the Seventh Circle of Hell. Nirvana LLC.

Public Domain 85

Public Domain Copyright Copyright Notice Publishing 85

Intepat

MAY 8, 2023

Generally, a product can be granted a GI protection under a larger ambit, which includes Protected Designation of Origin (PDO), Protected Geographical Indication (PGI) and Traditional Specialty Guaranteed (TSG). The laws demand that a product has to be protected by the country’s GI laws before it may be registered on the international market.

Marketing 52

Marketing Marketing Government Intellectual Property 52

SpicyIP

JANUARY 2, 2022

Continuing our annual tradition of recounting the significant developments that impacted the Indian IP landscape in the year that has been, we bring you a round-up of 2021’s developments. In this case, the Bombay High Court ruled that registration of copyright is not mandatory for obtaining relief in an infringement action.

IP 143

IP Intellectual Property Copyright Trademark 143

43(B)log

FEBRUARY 3, 2023

Christine Farley, Authenticity and Design: Why sell a chair for 10x a visually identical chair? Sometimes the replication is exact; design claimants say they’re made with cheaper materials and practices, but midcentury modern design aimed for cheapness and access: the idea that more people can have it now would be a good not a bad.

Designs 57

Designs Design Design Patent Branding 57

Technology & Marketing Law Blog

OCTOBER 19, 2021

The Kremen case involved the alleged theft of the sex.com domain name by improperly modifying the electronic records evidencing ownership of the domain name. Thus, other cases have applied conversion law to alleged theft of domain name registrations (e.g., .” This abstract statement requires more clarification.

Licensing 90

Licensing Copyright Contracts Advertising 90

Technology & Marketing Law Blog

NOVEMBER 21, 2021

This summer, the Copyright Review Board issued an interesting decision about the registrability of emojis. The Copyright Review Board is the Copyright Office’s internal administrative review process for the registration decisions of individual copyright examiners. It has issued 33 decisions so far in 2021. copyright law.

Copyright 118

Copyright Registration Fair Use Designs 118