The TTABlog

JANUARY 2, 2023

36: TTAB Sustains Section 2(c) Opposition to DANA DESIGN Due to Lack of Consent Updated TTABlog Collection of Section 2(a) False Connection Cases Section 2(c) - consent of living individual Precedential No. 36: TTAB Sustains Section 2(c) Opposition to DANA DESIGN Due to Lack of Consent Section 2(d) - likelihood of confusion: Precedential No.

Design 72

Design Designs Television Ownership 72

Intepat

DECEMBER 6, 2022

The year 2022 has been an extremely important year for the development of trademark jurisprudence in India. Mentioned below are some crucial judgements passed in the year 2022 on matters dealing with trademark infringement. Vijaya Sai And Others (19 th January 2022). Frost Falcon Distilleries Limited (2 nd March 2022).

Trademark 98

Trademark Trademark Law Registering Trademarks Law 98

Technology & Marketing Law Blog

AUGUST 5, 2022

This is a case focusing on ownership of social media accounts. The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. The district court initially punted on the ownership question. We blogged this case twice before. Teamsters Loc.

Social Media 119

Social Media Ownership Business Branding 119

TorrentFreak

JANUARY 22, 2024

There’s also a growing trend of sites with common ownership operating from dozens of confusingly-similar domains by design. Similar behavior can be seen across dozens of similar domains, although not always under common ownership or even in direct response to enforcement measures. Now redirecting to ACE, kooora4.us

Ownership 126

Ownership Copyright Reporting Design 126

The TTABlog

JANUARY 5, 2023

The Board issued 38 precedential opinions in calendar 2022, a number that is consistent with recent yearly totals. 36: TTAB Sustains Section 2(c) Opposition to DANA DESIGN Due to Lack of Consent Section 2(d) - Likelihood of Confusion: Precedential No. Welch 2022-23. Section 2(e)(5) - Functionality Precedential No.

Registration 80

Registration Design Designs Ownership 80

IPilogue

JUNE 21, 2022

On February 3 rd 2022 Nike Inc. sued StockX LLC for trademark infringement, false designation of origin, trademark dilution, and related causes. NFTs are unique digital assets that are digital representations of ownership of real-world items. These issues are novel in their involving the metaverse. The Nike Suit.

Non-Fungible Tokens 116

Non-Fungible Tokens Ownership False Advertising Fair Use 116

Plagiarism Today

JANUARY 4, 2023

billion) fine over allegations that the company abused its ownership of the Android mobile operating system to unlawfully push its other products. In October 2022, the Competition Commission of India (CCI) fined Google some 13.38 Google, like many tech companies, is facing increased scrutiny from international regulators.

Plagiarism 220

Plagiarism Copying Reporting Licensing 220

IPilogue

MARCH 9, 2022

Behind every video game, there is a video game designer. And behind every designer, there is a publisher. As of January 31, 2022, Sony Interactive Entertainment (“Sony”) is behind the video game publisher Bungie. The ownership raises questions regarding Bungie’s intellectual property rights. billion USD.

Intellectual Property 103

Intellectual Property Ownership Publishing Design 103

IP Tech Blog

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. It covers architectural design, software, graphic arts, motions pictures, sound recordings, and more, and it is adaptive to new technological advances that would likely apply to NFTs.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

Patently-O

JUNE 23, 2022

Morgan based upon his spouse’s ownership of about $5,000 of Cisco stock. The order also vacates all orders and opinions in the case entered after Judge Morgan learned of her ownership. When Judge Morgan learned of the ownership, he immediately notified the parties. Note that Judge Morgan passed away in May 2022.

Ownership 99

Ownership Design Designs Patent Infringement 99

JD Supra Law

JULY 21, 2022

The US Court of Appeals for the Fifth Circuit reversed a district court decision, reversing the dismissal of a copyright claim based on lack of standing and finding ownership of the copyright in the claimant based on an assignment of that claim. July 12, 2022) (Jones, Haynes, Costa, JJ.) (per Beatriz Ball, LLC v. Barbagallo Co.,

Designs 56

Designs Design Ownership Copyright 56

SpicyIP

JANUARY 30, 2024

It originally started as a copyright society in 1941 , but later lost that designation and after a long period of running around seeking re-registration, finally in 2022 it was allowed to make an application to that regard. Presently, the application for re-registration is pending before the government for consideration.

Licensing 115

Licensing Copyright Ownership Registration 115

The TTABlog

JULY 1, 2022

13: TTAB Reverses Disclaimer Requirement of "KID" in two Lego Marks Found to be Unitary Specimens of Use/Nonuse/Non Ownership: TTAB Affirms FLIPPABLE FIRMNESS Refusal: Specimens Do Not Show Use With Retail Store Services Precedential No. Welch 2022.

Design 59

Design Designs Ownership Trademark 59

IP and Legal Filings

JANUARY 31, 2023

It provides an unmatched degree of design and layout possibilities. Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. The players can collect up to 30 NFTs in the game, 10 of which are designed by the artist Beeple [i]. iv] Brooks Kushman, Nike v.

Law 104

Law Branding Brands Branding 104

Technology & Marketing Law Blog

MARCH 15, 2022

That’s by design–the DMCA was designed to resolve matters outside of court. Now, imagine the rightsowner also overclaimed trade dress protection for its sage leave design. Chen , 2022 WL 742429 (N.D. March 11, 2022). ” This is clearly wrong. Case citation : The Sunny Factory, LLC v. Babybus. *

Copyright 134

Copyright Fair Use Cease and Desist Litigation 134

TorrentFreak

OCTOBER 19, 2022

The successful prosecution of Mangabank’s operator in China this summer was preceded by an ex parte application designed to reveal his identity. In August 2022, Shueisha filed a similar ex parte application at the same California court, hoping to identify the operators of mangagohan.com, mangapro.top, gokumanga.com, doki1001.com,

Publishing 143

Publishing IP Ownership Branding 143

IP and Legal Filings

JANUARY 24, 2023

When it comes to AI, there are various entities for which a claim for copyright could be made: Programmer: One of the main contention of granting ownership to AI is that it is the programmer who designs, creates, or trains the computer software, without which the AI system would not have been created. 8] Who Owns The Copyright In Ai?

Copyright 98

Copyright Ownership Artistic Work Intellectual Property 98

LexBlog IP

DECEMBER 26, 2023

used in those generated logos retain the ownership to that original art and do not give you a license to use it exclusively. usually you won’t be given the rights needed to have ownership or apply for registration, but even if you are, your logo could still be refused copyright and trademark registration for other reasons.

Design 52

Design Designs Trademark Copyright 52

The IPKat

FEBRUARY 12, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams , PhD researcher in the fields of copyright and dispute system design at the University of Antwerp, regarding Nigeria's Copyright Act 2022 (which came into effect in 2023) and its constitutional reference to copyright as movable property.

Copyright 62

Copyright Moral Rights Government Public Domain 62

The IP Law Blog

FEBRUARY 17, 2022

In the Complaint, Nike alleges that StockX has infringed nine of its sneaker designs to create a line of NFTs that are part of its collection that StockX has branded the “Vault.” In January 2022, StockX released the Vault collection and claimed that each asset is linked to a physical sneaker that it stores at its facility.

Ownership 98

Ownership Intellectual Property Trademark Branding 98

LexBlog IP

MAY 3, 2022

Like the United States, China offers protection for 2D and 3D designs of products and packaging, which is often known by U.S. Before diving into details, the chart below illustrates how 2D and 3D designs are protected as different IP rights in China. Protection of 2D Designs. Protection of 3D Designs. Trademark.

Design 52

Design Designs Trademark Intellectual Property 52

The IPKat

FEBRUARY 3, 2023

The current generation of AI image generation tools such as Stable Diffusion , Midjourney and DALL·E 2 are designed to take a text description or prompt from a user and generate an image that matches the prompt. What is AI image generation software?

Litigation 143

Litigation Copying Copyright Design 143

The TTABlog

DECEMBER 21, 2022

87921527 (December 16, 2022) [not precedential] (Opinion by Judge Robert H. The Board also found that the design elements of the mark "are not nearly as significant as the marks' literal elements." in Miami, Florida,” while “Registrant’s [m]ark includes the design of a silhouette of a naked woman, which is suggestive of its.

Registration 79

Registration Design Designs Ownership 79

Patently-O

FEBRUARY 9, 2022

Sgromo then negotiated a license deal from a third-party, but that income was designated as coming to Eureka. On appeal now, the Federal Circuit has refused to hear the case — finding that a patent ownership dispute does not “arise under” the patent laws. Peter Sgromo v. Leonard Scott ( Fed. July 2, 2018).

Ownership 72

Ownership Patent Law Invention Licensing 72

SpicyIP

MAY 18, 2022

Feb 25, 2022. March 4, 2022. Feb 22, 2022. Though it is not easy to find a comprehensive list of all such trademarks in India (the website of the Indian TMR is so yesterday), recently advertised trademarks throw light on such activity. Some examples under class 9 include: S.No. Application date. Description (shortened).

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

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. They both signed off as the executive producers of the movie.

Copyright 78

Copyright Cease and Desist Ownership Registration 78

The TTABlog

DECEMBER 5, 2022

The Board sustained an opposition to registration of the mark DANA DESIGN in the form shown below, for backpacks, hiking equipment, tents, and related goods, on the ground that the mark comprises the name of a living individual, Dana Gleason, without his consent and is therefore barred from registration by Section 2(c) of the Trademark Act.

Design 49

Design Designs Registration Ownership 49

43(B)log

MARCH 31, 2023

In 2022, a distant relative was appointed as administrator of the Estate, which then sued. Copyright ownership: At this stage, the court accepted as true the allegation that Darger did not gift his works to the Lerners. Given that the disputed transfer was pre-1978, it was governed by the common law.

Ownership 45

Ownership Art Copyright Registering Trademarks 45

Trading Secrets

JANUARY 27, 2023

There were several significant trade secret jury awards in 2022 in Virginia ($2 billion), Ohio ($65 million), and Michigan ($105 million). The Protecting American Intellectual Property Act signed on January 5, 2023 is designed to help American businesses from trade secret by foreign actors.

Business 59

Business Intellectual Property Ownership Law 59

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. Krete pointed to the numeral "7" in the cited mark as a distinguishing element, but the Board found no evidence the consumers would view that design element as the number "7." Welch 2022.

Design 45

Design Designs Registration Ownership 45

The IPKat

AUGUST 17, 2022

In November 2021 and March 2022, Fizzy foam registered a number of word marks in Class 4, specifically "Candles; Perfumed candles; Soy candles; Scented candles; Fragranced candles; Candles (Perfumed -); Candles in tins." Fizzy Foam is a company based in Wales that makes handmade scented candles. They don't belong to any one person.

Social Media 137

Social Media Registration Intellectual Property Ownership 137

LexBlog IP

DECEMBER 2, 2022

The Trademark Trial and Appeal Board (“TTAB”) found that there was no likelihood of confusion between the “SMOKES & Design” mark owned by Fancy Pants Products, LLC (“Applicant”), generally used in connection with cannabis products, and the “SMOK” mark owned by Shenzhen IVPS Technology Co. 31, 2022). Shenzhen IVPS Tech.

Design 40

Design Designs Registration Copying 40

Intellectual Property Law Blog

MAY 2, 2023

In October 2022, the White House published a document titled, “ Blueprint for an AI Bill of Rights, Making Automated Systems Work for the American People.” New creations implicate IP issues, including the protection of what is created, potential infringement of preexisting IP, and ownership and licensing issues of the output.

Government 237

Government Business Licensing Copyright 237

Olartemoure Blog

SEPTEMBER 27, 2022

The virtual universe Decentraland hosted in March 2022, the first Metaverse Fashion Week which was a success, as it featured more than 70 brands, artists and designers. Companies are filing new trademark applications for their metaverse names (words), phrases, logos, and designs before the U.S.

Branding 98

Branding Brands Branding Non-Fungible Tokens 98

Patently-O

FEBRUARY 12, 2024

2022), where the Federal Circuit held that the term “individuals” in the Patent Act refers only to human beings barring. Example: An engineer asks broadly asks an AI system to provide an improved product design that solves a known problem in the existing product. patents and patent applications. Vidal , 43 F.4th 4th 1207 (Fed.

Inventor 120

Inventor Invention Patent Application Design 120

The IPKat

JULY 30, 2024

Given the potential value of the arising IP, the Guidance thus raises the possibility for ownership disputes over commercially valuable outputs from AI systems. 2022) found "that only a natural person can be an inventor, so AI cannot be". The AI system outputs a preliminary design that Ruth and Morgan agree should work in the car.

Inventor 76

Inventor Invention Design Designs 76

The IPKat

JANUARY 2, 2022

The analysis also referred to a pending case before the CJEU dealing with Community design law ( EUIPO v The KaiKai Company Jaeger Wichmann | C-382/21-P) and other EU trade mark cases from 2021. The final part of the round-up provides an update on the latest referrals to the CJEU and cases that will be decided in 2022. 21-438).

Blogging 126

Blogging IP Non-Fungible Tokens Cease and Desist 126