IP and Legal Filings

MAY 8, 2024

Issues Raised Whether entire registered trademark should be compared with the offending trademark without splitting up and dissecting any of the trademarks to adjudge visual, phonetic and structural similarity? Whether prima facie defendant’s mark infringes the mark of plaintiffs?

Trademark 52

Trademark Intellectual Property Branding Brands 52

LexBlog IP

FEBRUARY 29, 2024

The law gives copyright owners a monopoly to exploit and monetize creative works. Copyright protection is afforded to every original literary, dramatic, musical, or other artistic work, whether published or unpublished. This monopoly is time-limited: it expires after certain periods have elapsed.

Public Domain 52

Public Domain Intellectual Property Copyright Trademark 52

Intellectual Property Law Blog

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No. 1125(c)(3)(A).

Fair Use 130

Fair Use Trademark Cease and Desist Designs 130

Kashishipr

AUGUST 25, 2021

Limited edition trademarks that comprise original artistic device elements may also enjoy protection under Copyright Law. While the requirements of distinctiveness under Trademark Law and originality under copyright law differ, the protection afforded to artistic works should usually apply to limited edition trademarks.

Editing 105

Editing Law IP Designs 105

SpicyIP

AUGUST 2, 2021

In a guest post , Shivam Kaushik discusses the copyrightability of fonts and typefaces from an artistic work perspective under the Copyright Act, 1957. Fonts and Typefaces: Are they Copyrightable? July 29, 2021].

Reporting 116

Reporting Designs Design Copyright 116

TraskBritt Intellectual Property

MARCH 18, 2021

A copyright is a form of intellectual property that protects original works of authorship. Copyrightable works include literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Among the benefits of owning a federal trademark registration are.

Trademark 52

Trademark Copyright Intellectual Property Intellectual Property Law 52

Corsearch

SEPTEMBER 28, 2023

Unauthorized utilization of a mark resembling yours constitutes trademark infringement, encompassing both visual and auditory similarities. Conversely, Lookalikes and replica products intentionally exclude trademarks from their design and packaging.

Branding 59

Branding Brands Branding Intellectual Property 59

Art Law Journal

JUNE 30, 2022

Copyright is the type of Intellectual Property most often associated with artistic works like fine art, movies, or books. Copyright only protects: original works of authorship fixed in a tangible medium. Trademark protects words, symbols, and slogans that identify products or services.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

Kashishipr

JULY 14, 2021

Copyright Law protects works underlying original works of authorship, which are fixed in a tangible medium, and therefore, may include literary, dramatic, musical, and artistic works. Copyright and Recipes. It does not protect ideas, facts, products, processes, principles, etc.

Intellectual Property 105

Intellectual Property Copyright IP Artistic Work 105

Kashishipr

AUGUST 31, 2022

Such creations may include literary and artistic works, designs, names, inventions, etc. Copyright’s relationship to IP is that it is just another form of IP, like trademarks, patents, and industrial designs. In simple terms, IP is a category of property that includes the intangible (i.e.,

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

Kashishipr

AUGUST 17, 2022

Copyright – Copyright safeguards the original creative and artistic works such as audio recordings, photographs, cinematographic films, art, text, videos, and other original creations. It grants copyright holders the exclusive right to display, perform, or distribute their original works.

Social Media 52

Social Media Intellectual Property Registration Branding 52

Kashishipr

MAY 25, 2021

Copyright is a legal protection afforded to an original, creative literary, musical, or artistic work. The protection under copyright is instantaneous and immediate to the works being created, and therefore, it is not necessary to have such rights registered. Copyright and Blogs.

Intellectual Property 98

Intellectual Property Blogging Fair Use Registration 98

Art Law Journal

JUNE 30, 2022

At a fundamental level, each type of Intellectual Property focuses on a different creative work: copyright protects visual art and writings, trademark protects the names, symbols, or slogans for products or services, and patent protects inventions. Copyright only protects: original works of authorship fixed in a tangible medium.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

LexBlog IP

JUNE 16, 2023

.” [1] The Case In the District Court , Ninth Circuit and Oral Argument in the Supreme Court Jack Daniels Properties, Inc. (“Jack Daniels”), which owns registered trademarks for “JACK DANIELS”, “OLD NO. ’ §1125(c)(3)(A).

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

LexBlog IP

JUNE 16, 2023

.” [1] The Case In the District Court , Ninth Circuit and Oral Argument in the Supreme Court Jack Daniels Properties, Inc. (“Jack Daniels”), which owns registered trademarks for “JACK DANIELS”, “OLD NO. ’ §1125(c)(3)(A).

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

IIPRD

SEPTEMBER 17, 2021

According to the Indian Design Act, if your design is registered under the Designs Act it is not eligible for protection under Copyright Act, even if it is artistic work. However, if you register under the Copyright Act, then your product will be restricted to 50 pieces. It is an either-or choice. Class 12 (Vehicles).

Editing 52

Editing IP Artistic Work Designs 52

SpicyIP

FEBRUARY 12, 2024

Introduced to incorporate the Jan Vishwas Act amendments within the Trade Marks Act, the proposed Rules prescribe an adjudication mechanism to hear complaints alleging false representation of a mark as a registered trademark. Read the detailed comments authored by Pranav, Praharsh, Swaraj, and Reva on these Rules.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

SpicyIP

DECEMBER 24, 2023

the Court held that such usage would amount neither to infringement of the trademark, nor taking of unfair advantage of the Respondent’s mark. The petitioner also argued that the Respondent was employed by them and was a job worker packing salt for them and used their art work. and Ors. , as the Plaintiff’s mark.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

Corsearch

FEBRUARY 29, 2024

Unauthorized utilization of a mark resembling yours constitutes trademark infringement, encompassing both visual and auditory similarities. Conversely, lookalikes and knock-off products intentionally exclude trademarks from their design and packaging.

Branding 59

Branding Brands Branding Intellectual Property 59

Technology & Marketing Law Blog

JUNE 21, 2023

It is clear after Jack Daniel’s that Rogers ’ threshold test for infringement liability cannot apply to a “‘ quintessential trademark use ’ like confusing appropriation of the names of political parties or brand logos.”

Trademark 102

Trademark Blogging Trademark Law Fair Use 102

43(B)log

OCTOBER 4, 2021

My former student Grace McLaughlin has written an excellent note about the fact that these putative trademarks don’t serve human trademark functions—it’s very hard to remember them or distinguish one random string from another random string in terms of knowing what you’ve seen before—and has proposed some possible responses from the PTO.

IP 94

IP Trademark Advertising Advertising 94