The TTABlog

OCTOBER 6, 2022

Yes] TTAB Orders Cancellation of CAPTAIN CANNABIS Registration for Comic Books: Petitioner Proved Priority By Use Analogous to Trademark Use TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out? Welch 2022. [Yes] TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out? Guess What?

Service Mark 83

Service Mark Design Designs Ownership 83

Plagiarism Today

AUGUST 2, 2022

Support derivative projects from the community pic.twitter.com/g4QnF6YZBp — Spice DAO (@the_spice_club) January 15, 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. Copyright Office.

Copyright 245

Copyright Non-Fungible Tokens Technology Plagiarism 245

Patently-O

JANUARY 24, 2023

by Dennis Crouch In 2022, the Federal Circuit held that an invention is only eligible for a US patent if a human conceived of the invention. In addition, standard property law principles of ownership, as well as the work-for-hire doctrine, apply to make Plaintiff Dr. Stephen Thaler the copyright’s owner. Vidal , 43 F.4th 4th 1207 (Fed.

Invention 126

Invention Intellectual Property Registration Ownership 126

The TTABlog

JANUARY 5, 2023

The Board issued 38 precedential opinions in calendar 2022, a number that is consistent with recent yearly totals. 21: TTAB Orders Cancellation of OLD SCHOOL Registrations Due to Abandonment - Intent to Sell Mark Is Not Intent to Use Dilution: Precedential No. Welch 2022-23. Section 2(e)(5) - Functionality Precedential No.

Registration 80

Registration Designs Design Ownership 80

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

The TTABlog

JANUARY 2, 2023

Affirms TTAB: Timberland Boot Design is Functional and Lacks Acquired Distinctiveness a href="[link] Grants Petitions for Cancellation of Registrations for the Color Pink for Hip Joint Implants on the Ground of Functionality Section 2(f) - acquired distinctiveness: E.D. Welch 2022. Section 2(e)(5) - functionality: E.D.

Designs 72

Designs Design Television Ownership 72

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 137

Social Media Registration Intellectual Property Ownership 137

Patently-O

JUNE 1, 2022

That exchange included ownership rights of the LEHMAN BROTHERS trademarks. That exchange included ownership rights of the LEHMAN BROTHERS trademarks. But, Barclays was not using the marks and allowed their registration to expire. Barclays opposed the whisky registration and also applied to re-register its mark.

Registration 123

Registration Ownership Trademark Branding 123

The IPKat

MAY 5, 2023

A recent dispute in Nigeria over trade mark registration and possible proprietorship over a movie title and a title character has brought to the fore questions regarding the processes and procedures at the Trade Mark Registry and whether movie titles and title characters without more should be registrable as trade marks in Nigeria.

Registration 121

Registration Ownership Copyright Trademark 121

The TTABlog

AUGUST 18, 2022

The Board granted a petition for cancellation of a registration for the mark shown below for mortgage financing services, finding that Petitioner CBC Mortgage was the first and only user of the mark for those services. 92076723 (August 15, 2022) [precedential] (Opinion by Judge Michael B. Welch 2022. CBC Mortgage Agency v.

Ownership 45

Ownership Registration Service Mark Contracts 45

LexBlog IP

FEBRUARY 16, 2024

trademark registration for your trademark on goods or services for your business. Can your trademark registration be cancelled with the U.S. Can you file anything to strengthen your trademark registration against invalidation? This means that it is less burdensome to prove the invalidity of a trademark registration.

Registration 52

Registration Trademark Ownership Trademark Law 52

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. were actually conceived and executed not by man but by machine.”

Art 120

Art Copyright Registration Fair Use 120

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

IPilogue

AUGUST 16, 2022

On April 5 th 2022, the Federal Court released its decision for August Image LLC v AirG Inc , a copyright infringement action concerning images of singer-actress, Jennifer Lopez. The Court spent more time analysing the admissibility of the Copyright Certificate of Registration as evidence of Pugliese’s citizenship. Further Reading.

Copyright Infringement 104

Copyright Infringement Copyright Registration Social Media 104

IP and Legal Filings

JANUARY 31, 2023

For undisputed ownership of virtual designs, Intellectual Property (IP) laws must be thoroughly handled with. The trademark registration safeguards the owner’s rights and establishes the business’s legal standing. However, in order to file a lawsuit of infringement, copyright registration is required.

Law 104

Law Branding Brands Branding 104

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

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. Feb 25, 2022. March 4, 2022. Feb 22, 2022. Some examples under class 9 include: S.No. Application date. TOMMY JEANS.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

TorrentFreak

APRIL 17, 2023

Early December 2022, ACE/MPA quickly took control of two domains – Magisglobal.net and Magistvapk.com – presumably as part of its ongoing investigation. Domain Shows No Sign of MPA/ACE Ownership Domains under full MPA/ACE control usually have a particular signature. Alliance4creativity.xyz has different characteristics.

Registration 140

Registration Confidentiality Settlement Reporting 140

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 78

Copyright Cease and Desist Ownership Registration 78

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. 87724338, 2022 WL 16960106 (TTAB Nov. 9, 2022). 87724338, 2022 WL 16960106 (TTAB Nov. ” Registration on the Principal Register was refused.

Registration 52

Registration Law Trademark Ownership 52

TorrentFreak

NOVEMBER 23, 2022

A second website, Pornwild.com, began offering CP Productions’ videos around May 2022, again without permission. At this point readers will recall that MG Premium, a subsidiary of Pornhub-owner MindGeek, won a $32 million judgment against the operator of Daftsex.com on November 7, 2022. Two other domains, daftsex.tv

Copying 141

Copying Registration Intellectual Property Ownership 141

Technology & Marketing Law Blog

FEBRUARY 17, 2022

Apple really should rethink its enthusiasm for individual copyright registrations for emojis, because that legal position spurs claims like this one. Copyright Owner Claims Ownership Over Depicting Emoji Symbols in Multiple Colors–Cub Club v. Fortunately, the court easily reached the right result in this case. Apple, Inc. Marc Jacobs.

Copyright 145

Copyright Copying Blogging Intellectual Property 145

The TTABlog

MAY 9, 2024

Respondent claimed, however, that petitioner's prior use resulted in "minimal market penetration," asserted that the challenged registration should survive with a carve-out granting rights to Petitioner that are geographically limited to Jellico, Tennessee, and argued laches as an affirmative defense. Read comments and post your comment here.

Registration 49

Registration Marketing Marketing Settlement 49

Kluwer Copyright Blog

APRIL 5, 2022

Welcome to the first trimester of the 2022 round up of EU copyright law! On 24 March 2022, the CJEU issued its judgment in the Austro-Mechana case which tackles the private copying exception and the compensation for the reproduction and storage of copyright material in the cloud. Photo by Markus Spiske on Unsplash.

Copyright Law 58

Copyright Law Copyright Law Music 58

The TTABlog

DECEMBER 21, 2022

87921527 (December 16, 2022) [not precedential] (Opinion by Judge Robert H. Moreover, since applicant is in Miami and registrant in Atlanta, there would be no geographic overlap and almost no opportunity for actual confusion to occur. Welch 2022. What about the marks? In re West Flagler Associates, Ltd. Text Copyright John L.

Registration 79

Registration Designs Design Ownership 79

Intellectual Property Law Blog

OCTOBER 3, 2023

Thaler included several new legal theories to suggest that his contribution to the Creativity Machine, such as his ownership and prompting of the software, would establish a human component of authorship. It cited its AI Registration Guidance, 88 Fed.

Copyright 147

Copyright Copyright Law Artistic Work Artwork 147

43(B)log

JANUARY 18, 2022

DAMM, LLC, 2022 WL 136914, No. WRB has an incontestable registration for “Hammer-Schlagen” and a registration for the trade dress of its stump, cross-peen hammer, and nails: specifically, “a three-dimensional configuration. DAMM has a registration for “Minneschlagen.” Thus, WRB wasn’t likely to succeed on ownership.

Registration 45

Registration Ownership Social Media Marketing 45

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. Considering that there isn’t yet metaverse registrations for brands, what can they do to feel more protected? Patent and Trademark Office (USPTO).

Branding 98

Branding Brands Branding Non-Fungible Tokens 98

IP Tech Blog

JANUARY 4, 2023

Ownership and Enforcement. Ownership and scope of protection against infringers are among the key challenges to copyright protection of NFTs. Ownership and scope of protection against infringers are among the key challenges to copyright protection of NFTs. Copyright Ownership. Trademark Ownership and Infringement.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

The TTABlog

JULY 13, 2022

Petitioner Gayla Phillips sought cancellation of a registration for the mark STARPOINT for entertainment services, claiming non-ownership and fraud. However, she addressed only the non-ownership claim in her brief, and so the fraud claim was waived. 92070386 (July 11, 2022) [not precedential] (Opinion by Judge Cynthia C.

Ownership 59

Ownership Registration Copyright 59

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

43(B)log

FEBRUARY 16, 2023

2:21-cv-07929-MEMF(PVCx), 2022 WL 18674459 (C.D. 22, 2022) This is a super messy case with a lot going on; I’m going to blog about it mainly to highlight a new thing you can apparently do with a trademark application , which is use it on non-Amazon platforms to gain advantages. Hollywood Unlocked, Inc.,

False Advertising 87

False Advertising Registration Trademark Advertising 87

SpicyIP

FEBRUARY 12, 2024

The country’s music publishing industry has grown significantly, reaching INR 845 crore during FY 2022-23. As evident from the data released by the Rajya Sabha in December 2022, there seems to be a gap in terms of the amount allotted in the scheme and the amount actually used. 2021-2022 17.27 in crore) 2019-2020 21.15

Music 105

Music Publishing Reporting Government 105

The IPKat

JANUARY 23, 2022

Recently, Louis Vuitton suffered a defeat in its attempt to block the registration of a contested EU trade mark application. The requirements for copyright joint authorship and co-ownership were the main topic of a new lawsuit in the U.S., MARQUES has provided further insight and commentary on this announcement. Is overblocking real?

Blogging 83

Blogging IP Copyright Reporting 83

Technology & Marketing Law Blog

MAY 30, 2022

Finally, it points out Viacom is the owner of three valid trademark registrations for the KRUSTY KRAB mark and 400 copyright registrations covering “creative aspects of the SpongeBob SquarePants franchise,” including episodes from the animated television series, movies, drawings, and stylebooks featuring artwork from the franchise.

Blogging 111

Blogging Social Media Television Fair Use 111

Technology & Marketing Law Blog

MAY 15, 2024

2022), the Ninth Circuit agreed with my view (and cited my amicus brief), expressly rejecting a three-year limit on recovery of damages in cases in which the discovery rule applies. at 1-2] At its heart, therefore, this case is a dispute about copyright ownership. Two years later, in Starz Entertainment v. 4th 1236 (9th Cir.

Music 105

Music Blogging Copyright Ownership 105

IP and Legal Filings

FEBRUARY 7, 2023

In 2022, “Gucci” and “Roblox” opened a permanent “Gucci Town” as part of their ongoing partnership. Importance of Registration of Trademarks in the Metaverse Businesses may now reach a larger audience, increase their digital footprint, and increase profits by utilising the Metaverse.

Trademark 98

Trademark Non-Fungible Tokens Branding Brands 98