The IPKat

MAY 29, 2023

Now in its second edition, the book offers a perspective on how one can address the overlap between intellectual property (IP) rights, either to reconcile them in whole or in part, or to pre-empt one over the other. Ochoa authors Chapter 9, which is devoted to the overlaps between copyright and the rights of publicity or personality rights.

Intellectual Property 90

Intellectual Property Editing Privacy Moral Rights 90

Velocity of Content

JULY 26, 2022

As readers of Velocity of Content know, the US has had a copyright statute on the books since 1790, following closely on the heels of the (then) freshly minted copyright and patent clause in the Constitution. Copyright Office, after what amounts to a much lighter review process. Unlike copyrights and patents, U.S.

Trademark 98

Trademark Government Copyright Service Mark 98

Technology & Marketing Law Blog

MARCH 5, 2024

The print-on-demand service at issue is Pixels, who has appeared on this blog before. The plaintiff paints fish, has a trademark in his name, “DeYoung,” and has registered copyrights. RageOn * CreateSpace Isn’t Liable for Publishing Allegedly Infringing Uploaded Book–King v. Trademark Infringement.

Artwork 119

Artwork Trademark Publishing Marketing 119

The TTABlog

OCTOBER 20, 2023

In a non-precedential ruling, the CAFC affirmed the TTAB's decision [ TTABlogged here ], granting a petition for cancellation of a registration for the mark CAPTAIN CANNABIS for comic books, on the ground of likelihood of confusion with Petitioner Laverne J. Andrusiek's identical common law mark, also for comic books.

Registration 58

Registration Trademark Service Mark Marketing 58

The TTABlog

OCTOBER 6, 2022

TTABlog Test: Is HI-FI Confusable With HIGH FIDELITY for Overlapping Marketing Services ? Yes] TTAB Orders Cancellation of CAPTAIN CANNABIS Registration for Comic Books: Petitioner Proved Priority By Use Analogous to Trademark Use TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out? Abandonment: Precedential No.

Service Mark 83

Service Mark Design Designs Ownership 83

The TTABlog

MAY 10, 2023

As we note above, some third-party uses are service mark uses. Others are titles of books, or emblazoned in an ornamental manner on t-shirts or artwork. TTABlogger comment: NB: The fact that the phrase appears on the sewn-in label does not by itself make it a mark. Text Copyright John L. One Wholesaler, Inc.

Artwork 60

Artwork Service Mark Registration Trademark 60

The TTABlog

FEBRUARY 2, 2024

The USPTO refused to register the proposed mark UNFORGETTABLE TRIPS for "travel agency services, namely, making reservations and bookings for transportation" [TRIPS] disclaimed], finding confusion likely with the registered mark shown below, for the identical services [HONEYMOONS disclaimed]. Text Copyright John L.

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Registration Service Mark Advertising Advertising 53