SpicyIP

MARCH 11, 2024

Case Summaries Therelek Machines Private Limited vs Therelek Engineers Private Limited on 28 February, 2024 (Karnataka High Court) The petitioner challenged the rejection of its interim application under Section 124 of the Trade Marks Act, seeking a stay in a suit for trademark infringement.

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43(B)log

FEBRUARY 26, 2024

Arm or Ally, LLC, 2024 WL 756474, No. 23, 2024) The AG sued sellers of “unfinished frames and receivers” — also known as “80% lowers” or “receiver blanks” —designed to evade restrictions on gun sales. Defendants contended that marketing unfinished frames and receivers as “legal” was protected by the First Amendment. It was not.

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SpicyIP

JANUARY 29, 2024

In a major development concerning the Ibrutinib patent, DHC restrains generic manufacturers from manufacturing and marketing the life-saving anti-cancer drug. Tech giants Nokia and Oppo enter into a cross-licensing agreement ending their patent disputes across multiple jurisdictions! But what about the public interest?

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LexBlog IP

JANUARY 30, 2024

The amended Regulations came into effect on 20 January 2024. The Regulations also include a new chapter 12 for implementing the Hague System for the International Registration of Industrial Designs (please see our previous blog post here ).

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Technology & Marketing Law Blog

FEBRUARY 17, 2024

” Nevertheless, without a call-to-action, the court says that the users were on inquiry notice because (1) “to complete the registration of the account, a user must press a continue button”; and (2) “a reasonable user would know that there was some legal significance attached to the continue button.”

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LexBlog IP

JANUARY 17, 2024

The CTA takes effect on January 1, 2024. Any reporting company that is created or registered before January 1, 2024, must file a BOI report no later than January 1, 2025. FinCEN has recently extended this deadline to 90 calendar days for reporting companies created or registered in 2024.

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LexBlog IP

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”).

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Reporting Non-Fungible Tokens IP Intellectual Property 52

43(B)log

APRIL 29, 2024

20-6057 & 20-6100, 2024 WL 1724995 (10 th Cir. 23, 2024) Hetronic has US registrations; Abitron sold Hetronic-branded products without permission to customers around the world, including in the United States. It executed licensing and distribution agreements for the remotes with two European companies, collectively Abitron.

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LexBlog IP

AUGUST 29, 2023

The CTA takes effect on January 1, 2024. Any reporting company that is created or registered before January 1, 2024, must file a report no later than January 1, 2025. Reports will not be accepted prior to January 1, 2024.

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SpicyIP

MARCH 4, 2024

Case Summaries BMI Group Danmark Aps vs The Assistant Controller Of Patents on 22 February, 2024 (Delhi High Court) Image from here An appeal was filed against the impugned order rejecting the suit patent for lack of an inventive step. The Court also directed the applicant to pay INR 25 thousand as costs, though later waived this direction.

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Intepat

JULY 4, 2024

On April 11, 2024 the United States Patent and Trademark Office (USPTO) issued Guidance on the use of Artificial Intelligence Based Tools (“Guidance”) by applying the existing rules and policies to the use of Artificial Intelligence (AI). Asia, however, faces a more complex landscape with diverse legal systems and technological advancements.

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LexBlog IP

AUGUST 14, 2023

The reporting rule goes into effect on January 1, 2024. The CTA requires new companies or registered on or after the rule’s effective date of January 1, 2024, to provide identifying information of the Company Applicant. The rule goes into effect January 1, 2024. Who is Required to Report? When do I Need to Report By?

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The IPKat

JANUARY 1, 2024

The US copyright for Winnie the Pooh expired in 2021 and it will expire for the original (‘Steamboat Willie’) Mickey Mouse in 2024. On the question whether the relevant public would establish a link between the marks, the Opposition Division found that the goods and their market sector are only remotely connected.

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Copyright Lately

NOVEMBER 8, 2022

The copyright in the Fritz Lang motion picture first lapsed in 1953 after its owner didn’t renew the initial copyright registration. notice, registration and renewal) formerly imposed under U.S. notice, registration and renewal) formerly imposed under U.S. public domain for failure to comply with the various formalities (e.g.,

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LexBlog IP

JULY 5, 2023

In 2006, Hetronic entered distribution and licensing agreements with Hydronic Steuersysteme GmbH (later purchased by Abitron Austria GmbH). When Abitron purchased Hydronic in 2014, they began selling products identical to Hetronic’s remote controls in foreign markets with the recognizable black-and-yellow coloring.

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Kluwer Copyright Blog

FEBRUARY 28, 2024

The UKIPO chaired the meetings, while representatives from the Department for Culture, Media and Sport, the Office for Artificial Intelligence and the Competition and Markets Authority attended as observers. Photo by Emily Wang on Unsplash The UK’s attempt to deal with generative AI, training data and copyright law has taken yet another turn.

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LexBlog IP

JANUARY 25, 2024

As a further example, the Court highlighted Tommy Hilfiger Licensing, Inc. ” [12] That AJ Press applied for registrations of “Punchbowl News” and “Punchbowl Press” was a strong indication that the marks are source-identifying. 21-55881, 2024 WL 134696 (9th Cir. 12] 2024 WL 134696,at *7. [13]

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Kluwer Copyright Blog

DECEMBER 13, 2023

Image generated from DALL-E 3 with the prompt ‘ ASEAN Ministers discussing the ASEAN AI Framework Guidelines during the ASEAN Summit 2024 in Bali, Indonesia.’ It is worth noting that most ASEAN member states have a copyright registration regime in place, with the exception of Singapore and East Timor.

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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! Case Summaries Gujarat Cooperative Milk Marketing v.

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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. The Cube file was provided under a Creative Commons, non-commercial, no derivatives license. Leszczynski v. 8-23-cv-01698-MEMF-ADS (C.D.

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The TTABlog

MARCH 28, 2024

Applicant C&D Brewing argued that the marks differ in sound, appearance, and connotation, and C&D pointed to "83 pairs of registrations that contain identical or nearly identical marks where one in the pair is registered for beer and the other for soda pop/soft drinks (from distinct owners)." How do you think this appeal came out?

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The TTABlog

APRIL 17, 2024

TBL Licensing v. April 15, 2024). That same principle applies to trademark registration. The record was "replete with pictures of boots marketed and sold in the United States that appear 'substantially similar' to the design TBL sought to register, which suffices to prevent TBL from proving it exclusively used that design."

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SpicyIP

FEBRUARY 26, 2024

on 14 February 2024 (Delhi High Court) The petitioner sought the removal of the respondent’s mark ‘CLOVER,’ registered in Class 9. The petitioner, with a prior registration since 2010 and evidence of use since 2000, argued against the respondent’s mark registered in December 2018 on a proposed-to-be-used basis.

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Trademark Copyright Registration Designs 59

SpicyIP

DECEMBER 24, 2023

UK Supreme Court Confirms No Patent for “AI-invented” Inventions Image from here On December 20, the UK Supreme Court affirmed its previous decision to deny registration to inventions by Dr. Stephen Thaler’s AI DABUS, holding that an AI software cannot be listed as an inventor. SpicyIP intern Vedika discusses this development.

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Registration Trademark Copyright Registering Trademarks 52

Technology & Marketing Law Blog

JUNE 10, 2024

Also, “The link to the terms of use was not buried on a cluttered screen or presented inconspicuously at the tail end of a cumbersome registration and payment process.” Not only did it leave Uber legally naked for months, but it took a lot of legal work and marketing expertise to repair the problem. 2024 WL 2869582 (Mass.

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Technology & Marketing Law Blog

MARCH 12, 2024

To clarify the parties’ dispute, Tubi’s registration page fits most closely with the hybridwrap or “sign-in-wrap” camp. It doesn’t make any sense to me to split up the call-to-action and registration page, so I can’t defend this practice. The call-to-action is located below the action button, not above.

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SpicyIP

DECEMBER 17, 2023

Ankit Sahni’s AI “Co-authored” Artwork Denied Registration by US, Continues to be Registered in India Can AI (co)author art? 14 [Submissions by February 29, 2024] NALSAR’s Indian Journal of Intellectual Property Law (IJIPL) is inviting submissions for its 14th Volume. The last date for submission of entries is February 29, 2024.

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Technology & Marketing Law Blog

MAY 15, 2024

May 9, 2024). to license works from the Music Specialist catalog. Use of that song was in turn licensed to several popular television shows, including “So You Think You Can Dance.” Nealy alleged that he held the copyrights to Music Specialist’s songs and that Warner Chappell’s licensing activities infringed his rights.

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SpicyIP

DECEMBER 12, 2022

Calcutta High Court allowed an application for rectification directing the Trademarks Registrar to cancel the registration granted to and remove the impugned mark ‘Neemyle’. The Court relied on termination of the license agreement between the parties to hold that the Defendant has no right to use the deceptively similar mark.

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SpicyIP

DECEMBER 30, 2023

This will potentially impact the copyright licensing landscape insofar as filmmakers will have to enter into dedicated agreements to claim protection for works not listed within the scope of Section 17. Microsoft Technology Licensing v. the licensee. The judgement was authored by Justice C. Telefonaktiebolaget LM Ericsson (PUBL) v.

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