Trademark and Copyright Law Blog

FEBRUARY 1, 2021

While Brexit created many questions and dilemmas that took years to sort out, for trademark attorneys the primary question was always: “What will become of UK protection for EU trademark registrations?” There are even brand-new fees for requesting an oral hearing ($500) and for filing an appeal brief in an ex parte appeal ($200 per class).

Public Domain 52

Public Domain Trademark Copyright Registration 52

Corsearch

JULY 7, 2023

Corsearch has identified a growing global trend in brands attempting to register true-to-life images of common goods as trademarks. Apple – known in the IP world for its iconic logomark and watertight IP portfolio – is making further strides to cement its hold over brand-related images. But are applications successful?

Trademark 52

Trademark Brands Branding Branding 52

IP and Legal Filings

JANUARY 29, 2024

The intended strategy, which calls for a significant investment of time, money, and patience in order to get the international GI brand and introduce GI products to the global market, may be beyond the means of the average artisan or rural producer. Additional analysis has revealed that the registration status varies greatly.

Registration 98

Registration Blogging Design Designs 98

SpicyIP

MAY 15, 2023

Other Posts World of Possibilities: Single Judge Bench of Delhi High Court Allows Use of Celebrity Information Available in Public Domain Delhi High Court specifies some contours of publicity rights in India! Gaurangi Kapoor highlights the key aspects of the litigation and writes on the findings of the court.

Trademark 104

Trademark Registration Cease and Desist IP 104

IP and Legal Filings

AUGUST 8, 2024

The following 4 points are the criteria of patentability [2] – Novelty – This criteria states that prior of the application for patent, the invention should be completely brand new and not earlier publicly known or disclosed throughout the world. The registration unlatches the possibility to monetize the invention.

Patent 97

Patent Invention Inventor Patent Application 97

Intepat

OCTOBER 6, 2024

A patent can be granted when the invention meets certain criteria: Novelty: it must be new and not available in the public domain. and in a way that it must be new and not available in the public domain. Industrial Applicability : there has to be a practical application to the invention. appeared first on Intepat IP.

Patent 52

Patent Invention Public Domain Intellectual Property 52

IP and Legal Filings

JANUARY 9, 2025

Once a trademark is considered abandoned, it enters into the public domain, and anyone else can lay claim to it. Trademark rights are based on actual use, not merely registration of the mark. Non-Renewal of Trademark Registration Trademarks must, however, be renewed every now and then for registration to subsist.

Trademark 52

Trademark Cease and Desist Brands Branding 52

LexBlog IP

NOVEMBER 1, 2023

Verify expiration of trademark registrations during the upcoming year, new registrations, and update of information. The exclusive right to use a trademark in commerce, and to commence legal actions against third parties for the unauthorized use of a trademark, arises solely from registration. Payment of patent annuities.

IP 52

IP Registration Reporting Trademark 52

Kashishipr

FEBRUARY 16, 2022

IP licensing provides business companies and organizations with additional or core revenue streams, which enables them to increase brand awareness, enhance their overall reputation, and extend their offerings (products or services) into new geographies and markets across the globe cost-effectively. Bottom Line.

Licensing 98

Licensing Business IP Ownership 98

IP and Legal Filings

NOVEMBER 27, 2022

With the fast-growing media and entertainment sector, the era of digital advertising for product branding and selling has also stepped up. With the fast-growing media and entertainment sector, the era of digital advertisement for the products branding and selling have also stepped up.

Trademark 52

Trademark Branding Brands Branding 52

SpicyIP

APRIL 17, 2023

Krbl Limited was alleged infringement and passing off of the plaintiff’s trademark registrations for marks that include the word ‘Royal’, by the defendant’s mark ‘Zabreen Royal’ (‘Impugned Mark’). Responding in the affirmative, the Calcutta High Court has swung the interpretative pendulum back in favor of GUIs being registrable.

Advertising 105

Advertising Advertising Confidentiality Trademark 105

43(B)log

JUNE 24, 2022

U’s registration for THE for clothing and other merchandise by putting THE on a hangtag. Registration v. Much of the law is a collection of rules of thumb from registration context. Hard to think coherently about TM status without thinking about registration v. Use=is it in fact being used by this party as a TM.

Trademark Law 75

Trademark Law Law Trademark Registration 75

LexBlog IP

AUGUST 22, 2022

Vintage Brand, LLC , 2022 U.S.P.Q.2d 2022 The Pennsylvania State University (“Penn State”) sued Vintage Brand, LLC (“Vintage”), an online retailer of screen-printed goods featuring logos and images, for violations of federal and state trademark and unfair competition laws. In The Pennsylvania State University v.

Licensing 52

Licensing Trademark Public Domain Registration 52

SpicyIP

JANUARY 8, 2024

Other Posts Scandal and Obscene Trademarks: Determining Immoral Trademarks in Indian Law Obscene/ scandalous marks are prohibited from registration, but are they? Discussing the historical foundation of refusing registration to such marks Prof. Similipal kai chutney (red ant chutney) from Odisha gets a GI registration.

Trademark 59

Trademark Registering Trademarks Public Domain Registration 59

The IPKat

MAY 29, 2023

The fictitious German inventors want to commercialise their invention, yet do not have sufficient funds to seek patent registration. Partridge, offers a view on the overlaps between trade marks and domain names. He also explains the history of why utility models never became an EU-wide right. Chapter 15, authored by Mark V.

Intellectual Property 90

Intellectual Property Editing Privacy Moral Rights 90

43(B)log

FEBRUARY 19, 2022

But trademark law elsewhere extends far past product/service names to things like a building’s layout, slogans, uniforms, and other aspects of the “product” itself; indeed, the PTO has granted registration for NKJV for Bibles, referring to the New King James Version. Will people assume co-branding? Confusion as to source?

Trademark Law 72

Trademark Law Trademark Art Brands 72

43(B)log

FEBRUARY 24, 2023

Tam & Brunetti: wiping away bars and then putting pressure on failure to function as the limit on registration. 1A and Article III standing are there, but worrisome; casualness over stare decisis does suggest courts are willing to look at things from scratch—Vintage Brands; Netchoice—everything might be up for grabs.

Trademark 69

Trademark False Advertising Fair Use Brands 69

IP and Legal Filings

MARCH 29, 2022

The following are some of the most essential guidelines to follow in order to avoid violating intellectual property laws: It has to be your work; Permission to use given by the creator; It must fall within the scope of the public domain; It is protected under fair usage. DIFFERENT COMPONENTS IN FORTIFYING E-COMMERCE.

Intellectual Property 52

Intellectual Property Intellectual Property Law Artistic Work IP 52

IIPRD

MAY 4, 2023

To qualify as a patentable invention, the invention: must not be in the public domain or have been published or used previously; must not be obvious and must involve a technical advancement; and must be capable of being implemented commercially. Medical devices are patentable in India with certain caveats.

Intellectual Property 52

Intellectual Property Invention Public Domain Patent 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. billion) as this is the reason for its global importance. Blockchain’s possible application in the world of IP?

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. billion) as this is the reason for its global importance. Blockchain’s possible application in the world of IP?

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. billion) as this is the reason for its global importance. Blockchain’s possible application in the world of IP?

Technology 52

Technology Patent IP Invention 52

IIPRD

JANUARY 23, 2023

Patent are valid for the duration of 20 years before coming into public domain) Patent infringement can occur in two ways. It is also generally available to Amazon Brand Registry. 14] In April 2022, Amazon launched Amazon Patent evaluation Express (APEX) Programme. [15]

Patent Infringement 52

Patent Infringement Patent Cease and Desist IP 52

Corsearch

MARCH 13, 2023

Copyright © Walt Disney Animation Studios A background on copyright protections in the US All works that were published in the US prior to 1923 are now in the public domain, as is any work created by individuals in an official capacity for the federal government. Oswald the Lucky Rabbit. The short answer is no.

Public Domain 52

Public Domain Trademark Copyright Registering Trademarks 52

The IPKat

JUNE 26, 2022

Registration is open and more details can be found here. Marques - CELEBRATING MARKS: How sustainability and technology will shape the future of brands - 20 to 23 September 2022 - Madrid, Spain The 2022 MARQUES Annual Conference will be held in Madrid from 20 to 23 September 2022. Registration shall be made by 8 July 2022 here.

Intellectual Property 118

Intellectual Property IP Registration Copyright 118

LexBlog IP

FEBRUARY 12, 2022

law is a certification mark and protection is achieved via registration similar to a trademark. That mark was granted registration, but exclusivity extends only to use of the entire mark with design and AOC [vii] , not Gruyére alone. The USPTO approved registration of this mark and published it for opposition in the normal course.

Public Domain 59

Public Domain Registration Journalism Designs 59

SpicyIP

JANUARY 9, 2023

whereby the court held the mark to be in custody of the court and held the registration of the mark ‘Jawa’ in favor of Respondent no. Highlighting the court’s opinion that goodwill can exist in the mark independent of registration, she remarks that the duration of 26 years of non use of the mark could have reduced the goodwill in the mark.

Trademark 105

Trademark IP Registration Reporting 105

Art Law Journal

JUNE 30, 2022

Although copyright registration is not required, there are several benefits to doing so. To see more on the benefits of copyright registration, see Stop, Thief! For those looking to find copyright-free works to use, one rule of thumb is that any work created prior to 1924, no longer has copyright protection (in the public domain).

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

Art Law Journal

JUNE 30, 2022

Although copyright registration is not required, there are several benefits to doing so. To see more on the benefits of copyright registration, see Stop, Thief! For those looking to find copyright-free works to use, one rule of thumb is that any work created prior to 1924 no longer has copyright protection (in the public domain).

Intellectual Property 52

Intellectual Property IP Invention Designs 52

43(B)log

AUGUST 11, 2022

A: author of Esperanto consigned it to the public domain. Authors have options: they can surrender to the public; they can assert complete control; or something in between. Compare: TM registration, FACK JU G Ö HTE—courts finally said that freedom of expression operates in registration as well.

Ownership 80

Ownership Moral Rights Copyright Brands 80

SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. In this case, the Bombay High Court ruled that registration of copyright is not mandatory for obtaining relief in an infringement action.

IP 143

IP Intellectual Property Trademark Copyright 143

IP and Legal Filings

FEBRUARY 20, 2025

Trademark and branding roles in Business Strategy Due to fierce competition in India nowadays, having a brand is essential. Branding also refers to a company’s brand and its products’ identification, standards, and warranties. A trademark primarily serves as a legal indication.

Branding 59

Branding Brands Branding Marketing 59

Biswajit Sarkar Copyright Blog

JANUARY 25, 2025

The “Mind the Gap” trademark dispute centers on the legal conflicts arising from the use of the iconic phrase, widely recognized in the context of the London Undergrounds public announcements. TfLs long-standing use of the phrase for public service purposes raises questions about whether it has entered the public domain.

Public Domain 52

Public Domain Trademark Law Trademark Registration 52

43(B)log

JUNE 24, 2022

But there is an assumption that registration = minimal distinctiveness unless validity is questioned. A membership group might not have brand value (Happy Valley PTA example) v signaling I can afford LV, which does depend on brand value). Ramsey: BB is interesting because they used a public domain image on the shirt.

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

43(B)log

JUNE 25, 2022

Actual abandoned business/retro branding: Macy’s is still selling t-shirts for all the old stores it bought up and rebranded. Court doesn’t ask whether the t-shirts have any continuity w/the old brand or anything like that.] But maybe brands are usually more mundane. Jennifer Davis: market for brands is huge and ongoing.

Trademark 56

Trademark Brands Branding Branding 56

Technology & Marketing Law Blog

JUNE 21, 2023

VIP Products LLC, a dispute involving a “Bad Spaniels” dog toy parody of Jack Daniel’s brand of whisky. My post summarizes the Court’s ruling and discusses its implications for brand owners, companies that sell parody products, and anyone interested in trademark law.

Trademark 105

Trademark Blogging Trademark Law Fair Use 105

43(B)log

FEBRUARY 23, 2024

You can also see it in Tam & Brunetti—little interest in how TM works, the relationship b/t registration and enforcement, even though that’s central to the Lanham Act. Sears/Compco said there was a right to copy things in the public domain; how did that go away? Similar with registration agencies—a firehose coming at them.

Trademark 45

Trademark Law Brands Branding 45