The IPKat

DECEMBER 16, 2021

While the High Court found Morison liable for trademark infringement as well as passing-off, the trial judge did not make a finding of copyright infringement, stating that as the designer of the device was not called to testify, copyright ownership was not sufficiently proven. Interested readers can find the Africa IP Highlights 2020, here.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

The TTABlog

JANUARY 4, 2022

-Bee) decisions that he considers to be the most important and/or interesting from the previous calendar year (2021). Great Concepts, LLC , 2021 USPQ2d 1001 (TTAB 2021) [precedential] (Opinion by Judge Marc A. Great Concepts, LLC , 2021 USPQ2d 1001 (TTAB 2021) [precedential] (Opinion by Judge Marc A. Chutter, Inc.

Registration 57

Registration Ownership Licensing Trademark 57

The TTABlog

DECEMBER 31, 2021

35: TTAB Grants MIRAGE BRANDS Cancellation Petition Due To Likelihood of Reverse Confusion On Remand from the CAFC, TTAB Denies Petition for Cancellation of "NAKED" Registration for Condoms TTABlog Test: Three Recent Section 2(d) Inter Partes Cases - How Did They Come Out? [Yes] Precedential No. Lack of Bona Fide Intent: Precedential No.

Registration 67

Registration Cinema Trademark Reporting 67

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

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 138

IP Intellectual Property Copyright Trademark 138

LexBlog IP

JANUARY 25, 2023

The Trademark Trial and Appeal Board (“TTAB”) refused registration of #LAW on the Principal Register finding that #LAW failed to function as a trademark. The application claimed ownership of Pound Law’s prior Supplemental Register registration for #LAW (U.S. In re Pound Law, LLC , No. ” Decision at 9.

Registration 52

Registration Law Trademark Ownership 52

The TTABlog

JUNE 14, 2021

Claiming common law rights in the mark TRAVELSMART for mobile apps related to travel, Petitioner AWP sought cancellation of a registration for the mark CHUBB TRAVEL SMART for similar mobile apps. 92070407 (June 10, 2021) [not precedential] (Opinion by Judge Christopher Larkin). AWP USA Inc. Chubb INA Holdings Inc. Cancellation No.

Registration 52

Registration Ownership Advertising Advertising 52

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. TTABlogged here ].

Registration 52

Registration Designs Design Ownership 52

Trading Secrets

SEPTEMBER 27, 2021

Please join Seyfarth at the 2021 AIPLA Trade Secret Summit, which is being held November 8-9, 2021 at the headquarters of SolarWinds in Austin, Texas. Additional information and registration here: [link] (click “Register Now” for the full schedule). What’s New in Noncompetes and Trade Secrets?

Ownership 52

Ownership Government Invention Registration 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 Design Designs 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

JULY 5, 2023

The Board rendered a split decision in this opposition to registration of the mark EVOGUE for a wide variety of consumer electronic devices and accessories, tossing out Opposer Advance Magazine's Section 2(d) claim but partly upholding its dilution claim, based on the registered mark VOGUE for, inter alia , magazines and mobile phone software.

Registration 52

Registration Trademark Ownership Advertising 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 72

Registration Social Media Trademark Registering Trademarks 72

Intepat

MAY 16, 2024

One such event is the “Blockchain Whitepaper for IP Ecosystems,” held in 2021. Fundamentally, the capacity of blockchain technology to generate an immutable and transparent ledger makes it especially useful for documenting the production, ownership, and transfer of intellectual property rights.

IP 52

IP Intellectual Property Ownership Contracts 52

LexBlog IP

DECEMBER 17, 2021

— TTABlog (@TTABlog) December 17, 2021. CAFC Affirms TTAB: “BF-7” Registration for Nutritional Supplements Invalid Due to Non-Ownership [link] pic.twitter.com/WC2HjdF4D2. — TTABlog (@TTABlog) December 15, 2021. — USPTO (@uspto) December 17, 2021. Issued this week to TOD’S S.p.A.—D938,144,

IP 52

IP Ownership Design Patent Design 52

LexBlog IP

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. Registration of a Mask Work.

Registration 40

Registration Design Designs Copying 40

The IPKat

NOVEMBER 21, 2023

The Mark eventually registered in 2003 (the Registration). Just Maradona not attracting any attention at Napoli In 2021, following Maradona's untimely passing the previous year, Sattvica SA, an Argentinean company established by the footballer's former IP lawyer, applied for the Registration to be transferred to it (the Application).

Registration 64

Registration Ownership Intellectual Property Contracts 64

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 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.

Registration 52

Registration Cease and Desist Ownership Advertising 52

Chicago IP

NOVEMBER 19, 2021

31, 2021) (Chang, J.). Having pled ownership of the copyright, Force Partners was not required to provide proof that the image was part of the copyright registration or deposit materials. Southall v. Force Partners, LLC , No. 20 C 3223, Slip Op. Judge Chang granted in part defendant Force Partners’ Fed.

Copyright Notice 72

Copyright Notice Copyright Registration Ownership 72

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. Welch 2021. Australian Therapeutic Supplies Pty.

Registration 51

Registration Contracts Advertising Advertising 51

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

Plagiarism Today

AUGUST 2, 2022

For example, blockchain copyright registrations in the United States would be of almost no use, as such registrations already need to be recorded with the U.S. Back in November 2021, copyright non-repudiation service Safe Creative announced a new system that would affix copyright information to NFTs. Copyright Office.

Copyright 238

Copyright Non-Fungible Tokens Technology Plagiarism 238

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.

Music 104

Music Blogging Copyright Ownership 104

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

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. What is Considered an Ownership Interest? What is Substantial Control?

Business 52

Business Ownership Reporting Registration 52

Intepat

OCTOBER 28, 2024

NFTs are unique digital tokens that represent ownership of specific digital assets. NFTs are embedded with smart contracts—self-executing contracts written in code—that facilitate the transfer and verification of ownership. billion in 2021 to $27 billion by 2028. Income generated through NFTs is taxed at 30%.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Contracts Ownership 52

IP and Legal Filings

MAY 29, 2022

For the owner of the copyright, registration is crucial since it is a precautionary and strategic measure done to protect the content’s future and other associated aspects from any potential legal problems. The work must be written down in order to get registration of copyright. REGISTRATION PROCESS .

Copyright 96

Copyright Artistic Work Registration Music 96

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 125

Copyright Registration Fair Use Design 125

LexBlog IP

NOVEMBER 19, 2021

31, 2021) (Chang, J.). Having pled ownership of the copyright, Force Partners was not required to provide proof that the image was part of the copyright registration or deposit materials. Southall v. Force Partners, LLC , No. 20 C 3223, Slip Op. Judge Chang granted in part defendant Force Partners’ Fed.

Copyright Notice 52

Copyright Notice Copyright Registration Ownership 52

Intepat

NOVEMBER 3, 2024

In such cases, ownership may be attributed to the publisher or another designated entity. State of Tamil Nadu (2021) This case involved the unauthorized use of an artwork created by an unknown artist. Recent Case Law on Pseudonymous and Anonymous Works S.

Copyright 52

Copyright Moral Rights Ownership Publishing 52

TorrentFreak

APRIL 17, 2023

In January 2021, ACE announced the closure of Megadede; the site’s domains were never transferred yet still redirect to ACE. Domain Shows No Sign of MPA/ACE Ownership Domains under full MPA/ACE control usually have a particular signature. is openly displayed as the registrant along with one of two specific email addresses.

Registration 134

Registration Confidentiality Settlement Reporting 134

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. Saber Interactive Incorporated v.

Ownership 40

Ownership Registration Design Designs 40

The TTABlog

NOVEMBER 7, 2022

In seeking cancellation of a registration for the mark KIMBERLEY KAMPERS for campers, Petitioner moved for summary judgment on the grounds of non-ownership and abandonment, but it failed to meet its initial burden to make a prima facie case. Here, Petitioner failed to meet its burden of production on either claim.

Ownership 52

Ownership Registration IP Copyright 52

43(B)log

FEBRUARY 16, 2023

The court says the PTO “granted” the application on June 14, 2021, but that’s the filing date—the ITU application was published for opposition in April 2022, allowed June 2022, and an extension of time to file a statement of use has been granted as of this writing.

False Advertising 87

False Advertising Trademark Registration Advertising 87

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 59

Registration Trademark Ownership Marketing 59