The IPKat

OCTOBER 15, 2021

In the proceedings, Wenman had to demonstrate that she had generated enough goodwill to sustain a claim in passing off through her use and/or reference to her own ‘Archangel Alchemy’ signs prior to 7 September 2019 (the date HHJ Clarke determined was the first public use of ‘ARCHANGEL ALCHEMY’ by Stone).

Business 84

Business Social Media Registration Intellectual Property 84

LexBlog IP

APRIL 19, 2023

Also, when holding a trademark registration in Colombia, the obligation arises for its owner to use the trademark in commerce, beginning three (3) years from the date when registration was granted.

Trademark 52

Trademark Registration Marketing Marketing 52

The TTABlog

AUGUST 1, 2023

Genericness: The Board found that the word “sneaker(s)” is generic for retail services featuring sneakers because it is a term that the relevant public uses or understands to refer to a key aspect or subcategory of the genus, which Nike did dispute. In re Nike, Inc. Serial Nos.

Designs 40

Designs Design Public Use Advertising 40

Above the Fold

JULY 5, 2022

A novel design is entitled to a patent unless it is has been (1) described in a printed publication; (2) in public use; or (3) on sale more than one year prior to the date of the application of the patent. [9]. The essential elements of a design patent are that the new creation be “new, original and ornamental.” [8].

Intellectual Property 40

Intellectual Property Design Patent Design Designs 40

LexBlog IP

JULY 5, 2022

A novel design is entitled to a patent unless it is has been (1) described in a printed publication; (2) in public use; or (3) on sale more than one year prior to the date of the application of the patent. [9]. The essential elements of a design patent are that the new creation be “new, original and ornamental.”

Intellectual Property 52

Intellectual Property Design Patent Design Designs 52

IP Whiteboard

AUGUST 30, 2020

communicate the work to the public. Using copyright material without the copyright owner’s consent amounts to a copyright infringement if: there is an unauthorised use of a substantial part of the work; and. an exception permitting the use does not apply.

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

43(B)log

NOVEMBER 19, 2021

This designation did not indicate that Valtoco was safe or effective for public use but, instead, operated to qualify Neurelis for various development incentives, like tax credits and potential exclusivity for seven years if the FDA ultimately approved Valtoco.”

Designs 56

Designs Design Patent Prosecution Art 56

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

In February 2020, FDA and FTC took steps to encourage biosimilar competition , with a focus on truthful and non-misleading advertising. Coinciding with this announcement, FDA issued draft guidance titled “ Promotional Labeling and Advertising Considerations for Prescription Biological Reference and Biosimilar Products Questions and Answers.”

Litigation 52

Litigation Settlement Marketing Marketing 52

Patently-O

JULY 31, 2024

How long the descendible right lasts beyond the initial 10-year period depends on continued “authorized public use of the voice or visual likeness of the individual.” Meanwhile, actors are fighting abusive uses of digital replicas in everything from deep fake porn to fairly mainstream advertising. Is this bill perfect?

Music 53

Music Licensing Social Media Law 53

LexBlog IP

JANUARY 10, 2024

It is strange because that would mean that the unpublished portions would also be government works available for public use. Still, it seems strange that Woodward, a reporter, would argue that the interviews are somehow government works.

Ownership 52

Ownership Copyright Government Intellectual Property 52