BYU Copyright Blog

JUNE 3, 2024

Boyages alleges that the University knowingly and unlawfully used an art-designed logo (logo or art design) created by the Plaintiff without her authorization or license and is therefore entitled to damages and monetary relief according to 17 U.S.C. Boyages applied for copyright registration and had her work registered as SophCat.

Copyright 52

Copyright Art Social Media Designs 52

LexBlog IP

AUGUST 22, 2022

Fashion brands, artists and entertainers, among others, have started focusing on producing digital work that is revolutionizing the way we perceive art, through the creation of NFTs and commodities. Are they protectable by design patents? Other countries are lagging behind. Overview of current legislation in China. Article 2.4

Design Patent 52

Design Patent Designs Design Patent 52

Kashishipr

JUNE 1, 2022

For every business or brand owner at present, the design of a product has become a crucial concern, and why won’t it be, after all, “A thing of beauty is a joy forever.” ” The unique design of a product, such as that of Mini Cooper and Coca-Cola, forms brand identity.

Designs 45

Designs Design Registration Contracts 45

DuetsBlog

OCTOBER 21, 2020

Hotels, Ice Cream, and Shoes as Canvases for Great Brands. . Seth Godin has written about how Nike is a great brand because we can imagine what a Nike hotel would look like. . Speaking of ice cream, Ben & Jerry’s is another great brand , like Nike. . How about another test of brand strength? . Registration No.

Branding 59

Branding Brands Branding Registration 59

IP and Legal Filings

JANUARY 26, 2023

2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks. Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3] In this also falls the case of colour marks.

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Registration Trademark Trademark Law Law 81

LexBlog IP

SEPTEMBER 27, 2021

In a recent decision, the Review Board of the United States Copyright Office (“Board”) reversed an examiner’s prior refusal to register a copyright in the artistic elements present in the bed shown above, paving the way for the applicant to obtain a copyright registration in this work. Varsity Brands, Inc.,

Designs 52

Designs Design Copyright Artistic Work 52

LexBlog IP

DECEMBER 3, 2021

Branding has become more important than ever, particularly in developing an online presence through search engines, various online platforms, and social media. Further, the rise of the “influencer” has opened additional opportunities to deliver brands and products to targeted demographics. Online Marketplace Protection.

Branding 52

Branding Brands Branding Intellectual Property 52

IP and Legal Filings

JANUARY 31, 2023

It provides an unmatched degree of design and layout possibilities. Image Sources : Istock] Metaverse- a Magnet to Fashion Brands Virtual worlds provide fashion brands with the opportunity to significantly cut down on the excessive resource consumption of lifestyle and create sustainability.

Law 87

Law Branding Brands Branding 87

Intepat

MAY 28, 2024

This success is largely attributed to Apple’s effective trademarking of various designs and sounds related to its products and services. Notably, Apple trademarked its store design in the United States in 2011. has invested heavily in marketing and brand promotion, making its trademark well-known to consumers.

Trademark 52

Trademark Intellectual Property Branding Brands 52

The TTABlog

DECEMBER 27, 2021

In an otherwise straightforward Section 2(d) analysis, the Board ruled that confusion is likely between Respondent's registered marks MIRAGE BRANDS (standard form) and MIRAGE BRANDS & Design [BRANDS disclaimed], and Petitioner Mahender Sabhnani's previously used and registered mark ROYAL MIRAGE & Design , all for perfume.

Branding 52

Branding Brands Branding Registration 52

Intepat

JUNE 19, 2024

In the Indian jurisdiction, various forms of evidence are presented in court daily and the field of evidence law within our country is governed under the Indian Evidence Act, 1872. All such documents including any electronic record, are presented before the court for inspection. These statements are termed as oral evidence.

Trademark 52

Trademark Advertising Advertising Social Media 52

Garrigues Blog

APRIL 27, 2021

Today, April 27, is International Design Day, an event, which seeks to recognize the value of design in society and business. On this significant date, we take the opportunity to look at a recent judgment by the General Court of the European Union (EGC) that will allow companies to extend the protection of a design by twelve months.

Designs 52

Designs Design Patent Application Intellectual Property 52

Dragons' Den

FEBRUARY 1, 2024

From a hair care revolution to dental hygiene for cats, the Den saw a variety of presentations, each with their own unique challenges and opportunities. For businesses like Manta Hair, securing design rights or patents can offer a quicker path to protection, ensuring the uniqueness of their product is safeguarded in the market.

Blogging 64

Blogging IP Intellectual Property Designs 64

Kashishipr

JULY 20, 2022

Bernard Kelvin Clive, a well-known brand strategist, once said that strong brands aren’t built through shortcuts and copycats. In the 21 st century, the Oreo cookie is the best-selling cookie brand worldwide. Let us discuss a few of them. Such results talk about Xiaomi being a poor imitation of the tech giant Apple Inc.

Branding 52

Branding Brands Branding Marketing 52

LexBlog IP

JANUARY 31, 2024

We presented a webinar last week entitled How to Win Your Next Trademark Battle: Lessons Learned in 2023 to give brand owners and their lawyers an overview of key takeaways from last year’s trademark cases. If you missed our live presentation, you can view a recording here. In Abitron Austria GmbH et al v.

Trademark 52

Trademark Registration Branding Brands 52

IP and Legal Filings

AUGUST 12, 2024

It means the products created by the use of the human mind as well as some resultant inventions, literary works, original designs, and the identities of various trademarks or logos that serve as brands in the market. for new “lines and grains” of “Basmati” rice as a brand name while its headquarters located in Alvin, Texas.

Intellectual Property 52

Intellectual Property Marketing Marketing Branding 52

LexBlog IP

AUGUST 23, 2023

In the cases at issue, the Seminole Tribe of Florida (“Seminole Tribe”) sought trademark registration for a guitar-shaped building for hotel and casino services. 1 Is a Building “Product Packaging” or “Product Design” Trade Dress? Thus, brand owners can, and do, register their trade dress at the PTO.

Designs 52

Designs Design Advertising Advertising 52

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. More information and registration details can be found here.

Intellectual Property 60

Intellectual Property Intellectual Property Law Journalism Registration 60

43(B)log

DECEMBER 28, 2022

17, 2022) Along with the headline-worthy nature of the claim (“ITALY’S #1 BRAND OF PASTA” plausibly falsely communicates Italian origin), the decision contains an extended discussion of judicial notice on a motion to dismiss v. Could “ITALY’S #1 BRAND OF PASTA” mislead reasonable consumers? Barilla America, Inc., 22-cv-03460-DMR (N.D.

Branding 59

Branding Brands Branding False Advertising 59

43(B)log

JANUARY 18, 2022

WRB has an incontestable registration for “Hammer-Schlagen” and a registration for the trade dress of its stump, cross-peen hammer, and nails: specifically, “a three-dimensional configuration. DAMM has a registration for “Minneschlagen.” WRB’s word mark registration states that “the English translation of ‘hammer-schlagen’.

Registration 45

Registration Ownership Social Media Marketing 45

The IPKat

JUNE 26, 2022

The event is designed to encourage interactive discussions among participants through panel debates, with each of them covering 4 or 5 key topics related to each specific sector. Registration is open and more details can be found here. The website of the event contains information about the programme and registration.

Intellectual Property 114

Intellectual Property IP Registration Copyright 114

IP and Legal Filings

MARCH 19, 2024

ABSTTRACT The constraints placed on trademark registration, particularly concerning common English words by recent judicial review by Justice C. INTRODUCTION For consumer identification and brand protection a crucial mechanism is important which is served by trade mark law. Computer of computers, medicines names.

Branding 52

Branding Brands Branding Intellectual Property 52

IP and Legal Filings

JULY 13, 2022

However, it is also important to assess the position of copyright protection offered to fashion designers specifically and the scope of the same. Modak , the Supreme Court of India took the stance that along with effort and due diligence, a modicum of originality and creativity should also be present in the creation in question.

Copyright 70

Copyright Artistic Work Designs Design 70

Kashishipr

APRIL 13, 2022

The dramatic rise in e-commerce in the last two decades saw many brand and business owners struggling to safeguard their Intellectual Property (IP) assets in cyberspace, starting from domain names and then going onto social media handles. Furthermore, the purchase of virtual products and services could be used in multiple virtual worlds.

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Intellectual Property IP Non-Fungible Tokens Branding 116

The IPKat

APRIL 30, 2024

Through a comparative lens he showcased the registration trends over the recent years in the examples of US, China and Hungary. Will registration – standing the no formalities rule in international law – enhance legal certainty or merely be an administrative matter? Is the overlap of different IP regimes genuinely problematic?

Reporting 60

Reporting Copyright Public Domain Law 60

azrights

JUNE 15, 2022

Match Group successfully challenged the Muslim dating app, Muzmatch’s, trade mark registrations in the EU and the U.K. And in the latest development of the dispute the High Court ruled that Muzmatch has unfairly benefited from Match Group’s reputation and investment in its brand and was riding on Match Group’s coattails for undeserved gain.

Business 93

Business Branding Brands Branding 93

LexBlog IP

FEBRUARY 26, 2024

Fashion Week season is the chance for fashion brands to show their flair and dynamism by launching new creations, ready to be devoured by buyers, influencers, journalists, consumers, and unfortunately, also by competitors. Copycats: unregistered designs, unfair competition and copyright Better register first than be sorry later.

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IP Designs Design Copying 52

The TTABlog

DECEMBER 29, 2023

97359799 [Failure-to-function refusal of A S LIVE FOREVER (Stylized) 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."] Barsik , Serial No. BISTRO and BAR disclaimed.] See any WYHAs?

Editing 64

Editing Designs Design Branding 64

Intepat

JUNE 25, 2024

Hence following strategies can be adopted to maintain quality control A precise specification is necessary to determine which products may be associated with a brand and which cannot. This guarantees adherence to quality standards and aids in preserving brand uniformity.

Licensing 52

Licensing Trademark Branding Brands 52

LexBlog IP

AUGUST 16, 2023

In most cases, this can be broken down between two central areas – technology and branding. Branding is protected by either registered or common law trademarks. Here, companies should consider which brands are most significant and file for registration of the trademarks relating to those brands.

Due Diligence 52

Due Diligence IP Intellectual Property Ownership 52

IP and Legal Filings

JANUARY 30, 2022

This popular case originated from a long-running legal dispute involving the Petitioner, Lucky Brand Dungarees, Inc. Lucky Brand), and the Respondent, Marcel Fashions Group, Inc. Lucky Brand claimed a defense against Marcel in the most recent case between the two, which it had not fully explored in a previous suit between them.

Trademark 97

Trademark Branding Brands Branding 97

LexBlog IP

APRIL 11, 2023

Recreational use of cannabis by adults is currently illegal under Pennsylvania law, so confusion between brands of alcohol and cannabis on store shelves isn’t a concern. Consumers are presented with an overwhelming number of brands of wine, spirits, liqueur, beer, seltzer, cocktails (you get the point).

Branding 52

Branding Brands Branding Trademark 52

CopyrightsWorld

MARCH 1, 2021

Since you are reading this article you’re most likely either a designer working on brand identity and logos, or a business owner. A logo copyright protects a creative design or an expression of an idea, while a logo trademark protects things that identify a business on the marketplace.

Trademark 98

Trademark Copyright Ownership Intellectual Property 98

SpicyIP

OCTOBER 27, 2023

Though the deadline for sharing these comments passed on October 5 and the government is presently working on finalizing the Rules, we received a guest post underlining the need to regulate the menace caused by dark patterns and its interaction with intellectual property rights.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

IP and Legal Filings

JULY 5, 2023

Introduction Trademarks are recognised phrases, words, or symbols that designate a certain item and lawfully distinguish it from all other items of the same type. A trademark is a valuable intellectual property that businesses use to differentiate their brand from their competitors’ in the market.

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Trademark Registration Branding Brands 59

IIPRD

APRIL 3, 2024

Introduction The Indian fashion market is pegged at an impressive value of $50 billion, out of which 10% consists of international luxury brands. [1] 1] The fashion industry in India is extremely diverse in the type of fabric, labour, design, way of draping, and handwork that is used. Infringement Of IPR – Design or Artistic Work?

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Artistic Work Designs Design Copyright 45

The IPKat

NOVEMBER 7, 2021

Registration can be made here. The workshops are aimed at junior IP practitioners and participants will be presented with a hypothetical case study involving two brands and invited to discuss how to negotiate a coexistence agreement to benefit both of them. Registrations are open and further information can be found here.

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Intellectual Property IP Registration Intellectual Property Law 75