Biswajit Sarkar Copyright Blog

NOVEMBER 1, 2023

The commencement of the Spring/Summer Fashion Week 2024 has seen luxury brands display their designs on the ramp again. Apart from designer clothes, this year also saw the debut of new signature colours of two beloved luxury brands-Burberry and Gucci. 017215237, 017215245, 017535832, 017535816 ).

Trademark 92

Trademark Branding Brands Branding 92

The TTABlog

FEBRUARY 28, 2024

91271109 (February 26, 2024) [not precedential] (Opinion by Judge Mark Lebow). The Goods: Monster argued that the goods are "highly related," since mugs are "beverageware," and so consumers will believe that applicant's plates and mugs are distributed by or co-branded with Monster. Text Copyright John L. Welch 2024.

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Designs Design Registration Business 60

The TTABlog

JANUARY 12, 2024

Here are the first three Section 2(d) appeals decided by the TTAB in 2024. 90690591 (January 3, 2024) [not precedential] (Opinion by Judge Elizabeth A. In re Master Brands , Serial No. 88892357 (January 9, 2024) [not precedential] (Opinion by Judge Cynthia C. s Text Copyright John L. Welch 2024.

Contracts 64

Contracts Technology Branding Brands 64

Corsearch

MARCH 13, 2023

The copyright for one of the first depictions of Mickey Mouse will expire in 2024. Copyright © Walt Disney Animation Studios Interestingly, Mickey started as a character known as “Oswald the Lucky Rabbit”. Looking at the clip of Oswald below, you can clearly see elements of the character in Mickey’s modern design.

Public Domain 52

Public Domain Trademark Copyright Registering Trademarks 52

The TTABlog

MARCH 20, 2024

Applicant Global Brand Partners asserted that "the marks are sufficiently different” to avoid a likelihood of confusion. In re Global Brand Partners Pte Ltd , Serial No. 97102423 (March 18, 2024) [not precedential] (Opinion by Judge David K. Text Copyright John L. Welch 2024. What do you think?

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Branding Brands Branding Registration 46

TorrentFreak

JULY 10, 2024

Instead, Nintendo successfully protected its brand and eliminated all risk of not getting precisely what it needed to shut down similar operations in the future. A DMCA takedown notice sent to GitHub dated July 5, 2024, is a perfect example. The yuzu emulator is primarily designed to play Nintendo Switch games.

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Copying Copyright Copyright Law Technology 112

Kluwer Copyright Blog

OCTOBER 30, 2023

Copyright infringement – Copyright subsists in the Lidl logo and this was copied by Tesco in creating their Clubcard Price(s) signs. On copyright subsistence, the judge held that the Mark with Text is an artistic work, failing within the sub-category of “graphic works”. Another example of a “discounter” supermarket is Aldi.

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Copyright Copying Branding Brands 58

The TTABlog

MAY 7, 2024

97291105 (May 1, 2024) [not precedential] [not precedential] (Opinion by Judge Thomas L. It relied on three online articles discussing collaborations between fashion brands and alcohol brands, and on 21 live or dead trademarks covering alcoholic products and various goods in applicant's other three registrations. Welch 2024.

Registration 60

Registration Branding Brands Branding 60

The TTABlog

MAY 29, 2024

The same applicant met the same fate in this attempt to register that same phrase for "Online retail store services featuring clothing, jewelry, bags, gifts, home goods, hats, blankets, mugs, belts, branded gift bags, floor mats, keychains, novelty toys for playing jokes, and pillows." Text Copyright John L. Welch 2024.

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Service Mark Branding Brands Branding 113

TorrentFreak

JUNE 14, 2024

Today, some clone and mirror sites still exist for the same purpose but most fall off the end of a streaming site conveyor belt, to trade on the popularity of sites with known brands, generate confusion with similar domains, or both. We own the exclusive copyright to Irdeto.com and its related assets,” the notice begins.

Copyright 89

Copyright Privacy Reporting Copying 89

The IPKat

OCTOBER 31, 2023

Photo: shutterstock.com Book launch: Copyright and the CJEU UCL’s Institute of Brand and Innovation Law (‘IBIL’) will host the launch of the new edition of PermaKat Eleonora Rosati’s book ‘ Copyright and Court of Justice of the European Union ’ published by Oxford University Press. The launch will be chaired by The Rt.

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Intellectual Property Intellectual Property Law Journalism Registration 60

SpicyIP

JULY 8, 2024

Here is our recap of last week’s top IP developments including summary of the posts on the DHC’s direction to frame a code of conduct for Patent and Trademark Agents, MHC’s decision on prior arts, and the settlement between Dabur and Dhruv Rathee of their trademark and copyright dispute. Anything we are missing out on?

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Invention Art Trademark Patent Application 59

SpicyIP

MARCH 25, 2024

In light of the recent Patent (Amendment) Rules, 2024, we are pleased to bring this post by Prashant Reddy T., M/S Asm Traders & Ors on 18 March 2024 (Delhi High Court ) The case centers on trademark infringement and passing off allegations brought by the Plaintiffs against the Defendants. Baxalta Incorporated v.

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Trademark Patent Copyright Confidentiality 52

SpicyIP

JANUARY 29, 2024

Here is another round of SpicyIP flashbacks by Lokesh, where he looks into Rahul Cherian’s legacy regarding Copyright Disability Exceptions, National Pharmaceutical Policies and Drug Pricing, and the complicated relationship between Taxation and IP. Last date to Register: 29th February 2024 Case Summaries Premier Spg And Wvg Mills Pvt.

Music 59

Music Intellectual Property Copyright IP 59

IIPRD

JUNE 9, 2024

The metaverse acted as a virtual boundary in this design for the future. When we talk about IPR in the metaverse various types of Intellectual Properties come into the picture, for example, copyrights, patents, and trademarks. Trademarks A Trademark can be a mark, symbol, design, color, combination of colors, shapes, etc.

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Intellectual Property Non-Fungible Tokens Trademark Designs 59

The TTABlog

FEBRUARY 23, 2024

Oregon Grain Growers Brand Distillery Inc. 92076817 (reconsideration denied February 9, 2024) [not precedential] (Opinion by Judge Cheryl S. Text Copyright John L. Welch 2024. Oregon here claimed that the Board erred in ruling that the issue of the lack of distinctiveness of Oregon's mark was tried by implied consent.

Law 60

Law Branding Brands Branding 60

The TTABlog

APRIL 18, 2024

91244891 (April 11, 2024) [not precedential] (Opinion by Judge Thomas W. The Board found the amount spent on advertising and marketing (designated "confidential") was "particularly impressive." Text Copyright John L. Welch 2024. Are the goods sufficiently related? How do you think this came out? Wellington).

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Registration Advertising Advertising Marketing 43

The TTABlog

JUNE 17, 2024

June 13, 2024) [published]. See Bonehead Brands, LLC v. Direct Impulse Design, Inc. , Text Copyright John L. Welch 2024. Bacardi & Co. Vidal , Appeal No. 22-1659 (4th Cir. In 2006, Cubaexport was barred from paying the renewal fee for the HAVANA CLUB registration due to a trade embargo. pdf here ].

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Registration Trademark Intellectual Property Licensing 49

LexBlog IP

APRIL 15, 2022

When it comes to Disney, branding is everything. But what happens if one of the most recognizable faces of one of the world’s most recognizable brands falls out of copyright protection and can be used by the masses? copyright protection in 2024.

Derivative Work 52

Derivative Work Trademark Law Branding Brands 52

The IPKat

MARCH 24, 2024

In addition to being works of scientific achievement, many luxury timepieces are artistic wonders with innovative designs, like some of the reportedly 100 000 (!) Brands like Rolex, Patek Philippe and Audemars Piguet hold rich trade mark and design portfolios and enforce their rights vigorously.

IP 67

IP Marketing Marketing Reporting 67

Technology & Marketing Law Blog

MARCH 5, 2024

The plaintiff paints fish, has a trademark in his name, “DeYoung,” and has registered copyrights. On the other end are brick and mortar stores that sell trademark-infringing items directly to consumers, regardless of whether the stores design or manufacture those items. Pixels.com, LLC , 2024 WL 885356 (W.D.

Artwork 98

Artwork Trademark Publishing Marketing 98

TorrentFreak

MARCH 11, 2024

. “The understanding is that there would be an overlap in responsibilities with the National Telecommunications Agency (ANATEL),” ANCINE explained, adding that it would be combating copyright violations of Brazilian works on digital platforms instead.

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Cinema Reporting Copyright Government 83

Technology & Marketing Law Blog

JANUARY 24, 2024

This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer. The court explains: They describe steps in the process of fashion design and capture much (if not all) of the creative output that Gutman might produce in her role as a designer.

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Social Media Ownership Designs Design 81

IPilogue

JANUARY 21, 2022

billion USD by 2024. It is accepted that the copyright (or the “exclusive legal right to produce, reproduce, publish or perform”) to the source code, maps, sound effects, and characters of a game is held by the game publisher. For example, can players enforce some kind of copyright or performer’s right in their gameplay?

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Publishing Intellectual Property IP Licensing 110

IP and Legal Filings

MAY 24, 2024

The dispute revolved around an antediluvian luxury handbag brand ‘Hermès’ and artist Mason Rothschild for his avant-garde creation called MetaBirkin NFTs. Tarantino vs Miramax , another case in the NFTs popularity era that brought to the light copyright implications in the backdrop of NFTs boom.

Non-Fungible Tokens 82

Non-Fungible Tokens Art Trademark Branding 82

Technology & Marketing Law Blog

JANUARY 30, 2024

Printify doesn’t process consumer purchases for its merchants (except in its “Pop-Up Shops” offering) and doesn’t display its brand on any manufactured items. Sunfrog decision: there is no evidence in this record that Printify engages in any advertising or trains or encourages anyone to use infringing designs.

Publishing 77

Publishing Trademark Designs Design 77

IIPRD

NOVEMBER 14, 2023

Musical Arts, designs, pictures, software, material, and many other sorts of Intellectual Property can be transferred using an e-commerce platform in the digital age. There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc.

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

IP and Legal Filings

MAY 8, 2024

Karanveer Singh Chhabra, emerges as a poignant saga, pitting the stalwarts of the liquor industry against each other in a quest for brand integrity and consumer trust. Whether the consumers of such products be able to differentiate between both brands? In this realm, the case of Pernod Ricard India Pvt.

Trademark 52

Trademark Intellectual Property Branding Brands 52

The IPKat

JANUARY 16, 2022

This is the second EU SME fund to support SMEs in their COVID -19 economic recovery and green and digital transformation over the next three years (2022-2024). In addition, 75% of the fees charged by IP offices (including national IP offices, EUIPO and the Benelux IP Office) for the registration of trade marks and designs will be reimbursed.

Intellectual Property 78

Intellectual Property Registration IP Copyright 78

SpicyIP

FEBRUARY 12, 2024

Comments on the Proposed Trademarks (1st Amendment) Rules, 2024 The recently proposed Trademark Rules amendments were open for comments in a period ending today. Image from here A SARAL Analysis of the Proposed Trade Marks (1st Amendment) Rules, 2024 Just Keep it Simple! Well, it appears the courts think most consumers would.

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Trademark Social Media Registering Trademarks Copyright 103

The IPKat

JULY 12, 2024

The ‘brat’ phenomenon: Exploring cultural influence and IP dynamics by Spyridon Sipetas Summer 2024 has officially been proclaimed as ‘brat summer’. Charli’s 6th studio album ‘Brat’, released on June 7th 2024, was promoted following a simple - yet, apparently, effective - approach: heavy use of a ‘radioactive’ shade of green, f.k.a.

Social Media 67

Social Media IP Branding Brands 67

SpicyIP

MAY 20, 2024

Highlights of the Week Announcing the 2024 Shamnad Basheer Essay Competition on Intellectual Property Law Prof (Dr.) Shamnad Basheer’s 48th birth anniversary today, we are excited to announce the 2024 Shamnad Basheer Essay Competition on IP Law! Drop a comment below to let us know. On the occasion of Prof. Read on to know more.

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Trademark Advertising Advertising Copyright 45

43(B)log

APRIL 29, 2024

Kitchen Cube LLC, 2024 WL 1829620, No. 17, 2024) Leszczynski invented a measuring cube that combines various measuring volumes into a single cubical structure. He posted the Cube design and 3D print files on Thingiverse.com, the largest site for 3D print objects. Leszczynski v. 8-23-cv-01698-MEMF-ADS (C.D.

False Advertising 57

False Advertising Advertising Advertising Copyright Infringement 57

SpicyIP

FEBRUARY 19, 2024

Case Summaries Hmd Mobile India Private Limited vs Mr Rajan Aggarwal & Anr on 9 February, 2024 (Delhi HC) image from here The Plaintiff had filed a petition under Section 50 of the Copyright Act, 1957 for expunging the copyright registration against the Defendant. Sun Pharma Laboratories Ltd. vs Dabur India Ltd. &

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Invention Music Art Patent Application 105

SpicyIP

FEBRUARY 26, 2024

Controller of Patents and Designs made some interesting observations on this issue. on 14 February 2024 (Delhi High Court) The petitioner sought the removal of the respondent’s mark ‘CLOVER,’ registered in Class 9. The MHC in Novozymes v. Legislative Oversight? Read Yogesh’s take on this decision to know more.

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Trademark Copyright Registration Designs 59

The TTABlog

MAY 14, 2024

90978154 (May 8, 2024) [not precedential] (Opinion by Judge Cheryl S. To demonstrate the relatedness of the goods and services, the Examining Attorney relied on webpages from retailers Anthropologie and Urban Outfitters, and from fashion designers Louis Vuitton, Gucci, Versace, and Aerin. TTABlogger comment: Text Copyright John L.

Designs 49

Designs Design Registration Branding 49

The TTABlog

FEBRUARY 22, 2024

97401927 (February 20, 2024) [not precedential] (Opinion by Judge Albert J. The design in the cited mark, having "three sections of curved, flexible arms," reinforces the term TRI-FLEX. Text Copyright John L. Welch 2024. How do you think the appeal came out? In re Wella Operations US, LLC , Serial No. Flexible?

Technology 56

Technology Branding Brands Branding 56