TorrentFreak

NOVEMBER 30, 2023

That included those whose names appeared in public WHOIS databases as registrants or owners of domains. In an August 2023 joint submission to the United States Patent and Trademark Office (USPTO), Hollywood, the recording industry, TV companies, the gaming industry and publishers left little doubt that patience had run out.

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Registration Public Domain Privacy Intellectual Property 124

The TTABlog

JANUARY 5, 2024

The TTABlogger has once again chosen the ten (10) TTAB (Tee-Tee-Ā-Bee) decisions that he considers to be the most important and/or interesting from the previous calendar year (2023). In re Seminole Tribe of Florida , 2023 U.S.P.Q.2d 2d 631 (TTAB 2023) [precedential] (Opinion by Judge Melanye K. Adlin) [ TTABlogged here ].

Registration 80

Registration Design Designs Ownership 80

Patently-O

APRIL 4, 2023

2023) Apple Records was founded by The Beatles in 1968 and quickly became a success, producing many hit records in the late 1960s and early 1970s. Bertini filed an opposition to Apple’s TM registration which the TTAB eventually dismissed. by Dennis Crouch Bertini v. Apple Inc. , — F.4th 4th — (Fed.

Music 111

Music Registration Trademark Settlement 111

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We have also included a list of other notable IP developments of 2023. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. A special thanks to Mr. G.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

NOVEMBER 30, 2024

Diplomatic Conference to Conclude and Adopt a Design Law Treaty – Plenary Sessions. It took nearly two decades of negotiation, but member states of the World Intellectual Property Organization (WIPO) have finally adopted the landmark Design Law Treaty (DLT) during the Diplomatic Conference in Riyadh on November 22.

Design 59

Design Designs Law Intellectual Property 59

SpicyIP

OCTOBER 1, 2024

We are pleased to bring to you this sponsored post by IP Press on the extension of the registration deadlines for their Comprehensive Course on Patents, in collaboration with S. The deadline for registration has now been extended to October 4. Majumdar & Co. But this time, we have with us our ‘exclusive knowledge partner’, S.

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Registration Intellectual Property IP Patent Drafting 103

The TTABlog

JANUARY 3, 2024

The Board issued 34 precedential opinions in calendar 2023, a total slightly lower than in recent years. 34: TTAB Dismisses Monster Energy's Section 2(d) Claim On Summary Judgment Due to DIssimilarity of Design Marks Precedential No. The Board has made available a form for nominating a Board decision as precedential. link here ).

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Registration Ownership Trademark Design 85

IP and Legal Filings

JANUARY 26, 2023

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.

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Registration Trademark Trademark Law Law 97

Patently-O

MAY 15, 2023

by Dennis Crouch The United States Patent and Trademark Office has proposed a rule to create a separate design patent practitioner bar. The USPTO is publishing this proposal in the Federal Register on May 16, 2023 (link below to the prepub). The proposal appears to not affect those already registered to practice.

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Design Patent Design Designs Graphic Design 75

Intellectual Property Law Blog

MAY 2, 2023

On April 21, 2023, the Secretary of Homeland Security, Alejandro N. Additionally, on January 23, 2023, the National Institute of Standards and Technology (“NIST”) released the first version of its “ Artificial Intelligence Risk Management Framework ” (“AI RMF 1.0”). Copyright Office and the U.S.

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Government Business Licensing Copyright 237

The TTABlog

SEPTEMBER 1, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine oral hearings for the month of September 2023. September 7, 2023 - 11:15 AM [In Person, North Carolina Central University School of Law, Durham, NC]: In re Vinedo de Zorra, LLC , Serial No. September 12, 2023 - 11 AM: Montgomery Law LLC v.

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Registration Design Designs Trademark 69

JD Supra Law

AUGUST 1, 2023

United States applicants can file a single design patent application under the Hague System, now designating Brazil and 96 other countries, including the U.S. Filing a design patent in Brazil has never been easier. As of August 1, 2023, U.S. As of August 1, 2023, U.S. This allows U.S.

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Registration Design Designs Design Patent 52

Patently-O

JULY 20, 2023

2023) The Timberland Boot trade dress case is pending before the Fourth Circuit, raising some interesting questions about the role of product trade dress vs design patents vs copyright vs utility patents. Timberland boots were first sold in the 1970s with a unique design that quickly resonated with consumers. Vidal (4th Cir.

Design 74

Design Designs Cease and Desist Design Patent 74

The TTABlog

APRIL 3, 2023

TTAB Sustains Section 2(d) Opposition to RAMEN HOOD & Design for Asian-Themed Restaurant Services TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out? Yes] TTABlog Test: Is AGI2 for Lighting Fixtures Confusable With AGI & Design for Architectural Signage Lighting? Precedential No.

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Registration Design Designs Trademark 72

The TTABlog

OCTOBER 31, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled six oral hearings for the month of November 2023. November 2, 2023 - 1 PM: Baxter S.r.l. 91263387 [Opposition to registration of BAXTON STUDIO for furniture, on the ground of likelihood of confusion with the registered mark BAXTER for furniture.] Welch 2023.

Registration 69

Registration Business Design Designs 69

The TTABlog

OCTOBER 24, 2023

The Board recently decided three Section 2(d) oppositions in which it held oral arguments in August 2023. 91263939 (September 28, 2023) [not precedential] (Opinion by Judge Frances S. 91247343 (September 6, 2023) [not precedential] (Opinion by Judge George C. Kuhlke) [Opposition to registration of FOUR SEASONS OUTDOOR LIVING CO.

Registration 69

Registration Design Designs Branding 69

The IPKat

DECEMBER 14, 2023

This Africa IP Highlights 2023 is the result of collaboration between myself and several IP practitioners and researchers across Africa: Clarisse Mideva ; Rita Chindah ; and Jessie Mgonga. Interested readers can find the Africa IP Highlights 2022, here. Today, we begin with developments in the copyright field.

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Copyright IP Social Media Copyright Infringement 92

The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. Also, if the company has changed the graphic user interface to any of its technology products or has changed product packaging, point of sale displays, or product design, these may also be protectable trade dress. .

IP 98

IP Intellectual Property Social Media Cease and Desist 98

The TTABlog

MARCH 20, 2023

In a whopping 163-page opinion, the Board granted a petition for cancellation of two registrations for the configuration of safety helmets, rejecting Petitioner Honeywell's Section 2(e)(5) functionality claim but sustaining Honeywell's claim of lack of acquired distinctiveness. referred to as the "Ridge Designs"). ERB Industries, Inc.

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Registration Advertising Advertising Design 68

The TTABlog

FEBRUARY 28, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled eight oral hearings for the month of March 2023. March 7, 2023 - 10 AM [Virtual]: Alaskan Brewing & Bottling Co. 91264066 [Section 2(d) opposition to registration of ALASKA TRAILS PALE ALE. March 8, 2023 - 11 AM [Virtual]: In re Garan Services Corp.

Design 59

Design Designs Registration Journalism 59

Intepat

DECEMBER 12, 2024

Analysing the Riyadh Design Law Treaty in the Indian Context The Riyadh Design Law Treaty (DLT), finalized at the WIPO Diplomatic Conference in Riyadh in November 2022, marks a significant step towards harmonizing global industrial design registration processes. Utilize e-filing systems for quicker registrations.

Design 52

Design Designs Law Registration 52

The TTABlog

NOVEMBER 17, 2023

In a highly detailed and instructive opinion, the Board granted a petition for cancellation of a registration for the product configuration shown below, for a "spring-loaded glass-breaking device," on the ground of de jure functionality under Section 2(e)(5). 92078038 (November 14, 2023) [not precedential[ (Opinion by Judge Jonathan Hudis).

Registration 69

Registration Design Designs Advertising 69

Kluwer Copyright Blog

APRIL 13, 2023

Photo by Markus Spiske on Unsplash Welcome to the first trimester of the 2023 round up of EU copyright law! In this edition, we report on an AG Opinion that came out late in 2022 and update you on what has happened in the first trimester of 2023 in EU copyright law.

Copyright Law 72

Copyright Law Law Copyright Copying 72

The TTABlog

MAY 18, 2023

91267498 (May 15, 2023) [not precedential] (Opinion by Judge Cindy B. Greenbaum) [Opposition to registration of POUPETTE ST BARTH for perfumery and personal care products (ST BARTH disclaimed), in view of the registered marks ST BARTH (in standard characters) and LSB LIGNE ST BARTH and Design (LIGNE disclaimed), for overlapping products.]

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Registration Design Designs Licensing 89

The TTABlog

DECEMBER 1, 2023

Global Commodities petitioned for cancellation of a registration for the mark shown below left, claiming likely confusion with its registered mark shown below right, both for "rice." 92078857 (November 29, 2023) [not precedential] (Opinion by Judge Mark A. The Board found petitioner's "fawn" design mark to be inherently distinctive.

Design 72

Design Designs Registration Marketing 72

SpicyIP

JANUARY 23, 2023

on 12 January, 2023 (Delhi High Court) Division bench of Delhi High Court dismissed an appeal against an interim injunction order by the Single judge bench. on 12 January, 2023 (Delhi High Court) Delhi High Court accepted the appeal and directed the CGPDTM to consider the matter afresh and pass a reasoned order.

Design 105

Design Designs Invention Registration 105

The IPKat

JULY 7, 2023

The 2023 “analog” conference on the Metaverse took place in London, lasted three days and hosted several panels and addresses on the different aspects of the IP legal regime concerning the Metaverse and the possibilities of regulation of this changing environment.

Reporting 86

Reporting Music IP Intellectual Property 86

SpicyIP

MARCH 27, 2023

Controller of Patents and Designs. Other posts IP Financing in India – Part I: Perfection of Security and (Non) Registration of Copyright Despite the increasing importance of intellectual property in the modern economy, there is a surprising lack of attention given to IP financing in India. Case: Bennett Coleman and Co. & Ors.,

Design 105

Design Designs Cease and Desist Art 105

The IPKat

DECEMBER 4, 2023

Then, on 29 November, the General Court ruled ( T-19/22 ) on the distinctiveness of the Vespa EU 3D mark, eventually ruling that the EUIPO Board of Appeal had erred in holding that registration invalid due to lack of distinctive character. Does ‘substantial value’ mean ‘artistic value’?

Design 134

Design Designs Copyright Registration 134

Indiana Intellectual Property Law

SEPTEMBER 11, 2023

Trademark Office issued the following 174 trademark registrations to persons and businesses in Indiana in August 2023 based on applications filed by Indiana trademark attorneys: Reg. 70% SYNTHETIC HAIR. 70% SYNTHETIC HAIR.

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Registration Trademark Design Designs 52

Plagiarism Today

OCTOBER 24, 2022

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, that copyright is not long for this world as it expired this year, meaning that it will formally end on January 1, 2023. 5: Understanding Copyright, Trademark and Halloween Costumes.

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Copyright Public Domain Copying Copyright Notice 271

The TTABlog

OCTOBER 30, 2023

The USPTO refused to register that mark DRYLANDS BREWING COMPANY & Design for "beer" and for "restaurant services, including sit-down service of food and take-out restaurant services; taproom services featuring beer brewed on premises” [BREWING COMPANY disclaimed], finding confusion likely with the registered mark DRYLANDS for wine.

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Registration Design Designs Law 119

The TTABlog

JULY 31, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine oral hearings for the month of August 2023. August 3, 2023 - 11 AM: TF Intellectual Property Pty Ltd v. August 3, 2023 - 1 PM: Mealpass, Inc. August 8, 2023 - 11 AM: In re Molina Healthcare, Inc. August 9, 2023 - 11 AM: Billy Stott v.

Contracts 52

Contracts Registration Design Designs 52

SpicyIP

MARCH 6, 2023

on 22 February, 2023 (Delhi High Court) The dispute pertained to the use of “Sona” as a part of the mark and trade name “Sona Mandhira Pvt. on 24 February, 2023 (Delhi High Court) In the present case, the plaintiff alleged infringement of its device “Royal” and passing off by the defendant’s adoption of “Zabreen Royal” device.

Design 116

Design Designs Music IP 116

IP Tech Blog

JANUARY 22, 2024

Copyright Office’s AI Initiative launched in early 2023. Among other things, the Initiative’s portal compiles registration decisions for AI-generated materials. Particularly instructive is a December 11, 2023 decision by the Copyright Review Board affirming the denial of registration to an AI-generated artwork.

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Registration Art Copyright Editing 62

The IPKat

FEBRUARY 29, 2024

In a decision delivered this week, the Court of Appeal of England and Wales (the Court) has upheld the design infringement claim brought by Marks and Spencer (M&S) against Aldi in respect of their gin-based flavoured liqueur range, in what may be a catalyst for a shift from trade mark law to design law for product "lookalike" claims.

Design 62

Design Designs Registration Intellectual Property 62

The TTABlog

OCTOBER 2, 2023

TTABLog Test: Is "SUNSET SUSHI & Design" Confusable with "BANSHOO SUSHI BAR & Design" for Restaurant Services? [No] 25: TTAB Deems Grace Period Petition for Cancellation Moot When Registrant Failed to Renew Precedential No. Welch 2023. No] TTABlog Test: How Did These Three Likelihood of Confusion Cases Come Out?

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Reporting Trademark Registration Design 64