Intellectual Property Law Blog

MAY 2, 2023

Some of these issues are specific to doing business with the government and others are broader issues that all companies face when using AI, and generative AI (GAI) in particular. Copyrights On March 16, 2023 the Copyright Office issued Guidance on the examination and registration of works that contain material generated by AI technology.

Government 237

Government Business Licensing Copyright 237

Above the Fold

MARCH 31, 2022

Prevents the registration of confusingly similar marks with the USPTO. Provides a presumption of ownership of the registered trademark. An example of a generic “mark” would be COMPUTER for a business that sells computers. Thus, these trademarks are eligible for registration on the Principal Register.

Registration 98

Registration Trademark Registering Trademarks Ownership 98

IP Intelligence

APRIL 24, 2023

the Office’s recent registrability decision regarding the graphic novel created by Kris Kashtanova creates nearly insurmountable, unnecessary hurdles to all kinds of AI authorship. Combine that “mastermind/dominant” author doctrine with the run of cases discussing ownership of software outputs (i.e.,

Ownership 98

Ownership Copyright Public Domain Registration 98

LexBlog IP

AUGUST 16, 2023

Essential Benefits of Trademark Registration – Part 6 This is the sixth in a series of posts about the benefits of having your trademark registered. Establishing Legal Ownership and Exclusivity Trademark registration establishes your legal ownership over a distinctive mark.

Branding 40

Branding Brands Branding Registration 40

IP Watchdog

MAY 6, 2023

Registering brands as federal trademarks also provides significant legal benefits, such as the presumption of ownership, validity, and nationwide priority in the mark. Brands — legally protected as trademarks — have value. We all understand that intuitively.

Trademark 124

Trademark Registration Branding Brands 124

LexBlog IP

AUGUST 14, 2023

In addition, any corporation, LLC, or other entity that is formed under the laws of a foreign country and is registered to do business in any State or tribal jurisdiction is also subject to the CTA. entities, such as limited partnerships and business trusts/statutory trusts; and Non-U.S. corporations; U.S. LLCs; Other similar U.S.

Business 52

Business Ownership Reporting Registration 52

IP and Legal Filings

MARCH 9, 2022

The protection of the trade secrets (the specific and confidential information about the production of the company and give the business a competitive advantage in the industry) can be legalized under major sub pars including: Patents – the protection comes with time strain. Is Copyright registration mandated in India?

Ownership 72

Ownership Copyright Trademark Contracts 72

Kashishipr

FEBRUARY 16, 2022

Through IP licensing, IP rights holders grant third parties the exclusive right to use their IP while retaining their ownership. In contrast to IP assignments, which transfer the entire ownership of the IP asset, IP licensing provides only limited use. Understanding the IP License. Creating the IP Licensing Agreement.

Licensing 98

Licensing Business IP Ownership 98

SpicyIP

JULY 1, 2021

In this post, I look at the question of the government’s copyright ownership in State Board textbooks, and its implications on access to knowledge and education. This ushered in a new trend in the country’s publishing business, which had previously been dominated by private publishers. Image from here. Section 2.2(iv)

Ownership 133

Ownership Copyright Publishing Government 133

Erik K Pelton

MARCH 25, 2024

And a trademark application has a lot of elements that go into it: the drawing, the description of goods and services, the dates of use, the evidence of use, the ownership. She has over 180 registrations and applications at the USPTO. It takes a lot of help to make something great. She is an expert at trademarks.

Trademark 130

Trademark Branding Brands Branding 130

Biswajit Sarkar Copyright Blog

OCTOBER 21, 2021

The application for trade mark registration is followed under Section 18 of the Trade mark Act, 1999. Application details: The name, business, principal place of business, etc., Eligibility: The applicant must be eligible to file a trade mark registration application. is mentioned in the first half of the Application.

Registration 52

Registration Ownership Business Blogging 52

LexBlog IP

APRIL 26, 2023

SBIR PRogram Benefits The SBIR program is designed to support small businesses in bringing innovative technologies to the market by funding research and development activities. This allows small businesses to maintain control over their company and it’s intellectual property despite the federal partnership.

Business 52

Business Intellectual Property Technology Ownership 52

Patently-O

MAY 28, 2024

The Lanham Act provides for cancellation of registered trademarks by petitioners who believe they are damaged by the registration. The court found that a mere minority ownership interest in a company that owns a trademark does not equate to a direct commercial interest in the mark itself.

Trademark 85

Trademark Ownership Registration Branding 85

LexBlog IP

APRIL 24, 2023

” the Office’s recent registrability decision regarding the graphic novel created by Kris Kashtanova creates nearly insurmountable, unnecessary hurdles to all kinds of AI authorship. Combine that “mastermind/dominant” author doctrine with the run of cases discussing ownership of software outputs (i.e.,

Ownership 64

Ownership Copyright Registration Public Domain 64

LexBlog IP

NOVEMBER 7, 2021

You put a great deal of effort in choosing the perfect name for your business. You registered the business with the Secretary of State in every state in which you operate. That’s all you need to own your business name, right? There could be businesses in other states with the exact same name, or very similar names.

Business 52

Business Cease and Desist Ownership Patent Law 52

Patent Trademark Blog

SEPTEMBER 7, 2021

Do you need a registration in order to use a trademark? Unless a trademark application is based on a foreign registration , the applicant would be required to show usage of the applied-for mark on the relevant goods or services before the USPTO will issue a trademark registration. Think about your own company.

Registration 40

Registration Trademark Cease and Desist Ownership 40

azrights

MARCH 23, 2022

Understanding the legal rules around names is important because they’re the single most valuable intellectual property asset a successful business builds. ? ? ? ? ? ? ? ? ?. Lessons in Business. There are various lessons businesses can learn from this case which is why I wanted to highlight it here.

Business 52

Business Branding Brands Branding 52

LexBlog IP

MARCH 31, 2022

Prevents the registration of confusingly similar marks with the USPTO. Provides a presumption of ownership of the registered trademark. An example of a generic “mark” would be COMPUTER for a business that sells computers. Thus, these trademarks are eligible for registration on the Principal Register.

Registration 52

Registration Trademark Registering Trademarks Ownership 52

Intepat

MAY 16, 2024

Among the major issues in IP business operations are the time-intensive and costly processes involved in managing IP, exacerbated by uncertainty in data accuracy and competition distrust. Blockchain also makes it possible to tokenise intellectual property assets, turning ownership or usage rights into digital tokens.

IP 52

IP Intellectual Property Ownership Contracts 52

43(B)log

AUGUST 11, 2022

A business code communicating within a community designed to be closed. Compare: TM registration, FACK JU G Ö HTE—courts finally said that freedom of expression operates in registration as well. Josh Sarnoff: say more about merger. Once it becomes a language, you’ve lost ability to control it. It didn’t develop organically.

Ownership 80

Ownership Moral Rights Copyright Branding 80

SpicyIP

JANUARY 30, 2024

It originally started as a copyright society in 1941 , but later lost that designation and after a long period of running around seeking re-registration, finally in 2022 it was allowed to make an application to that regard. Presently, the application for re-registration is pending before the government for consideration.

Licensing 115

Licensing Copyright Ownership Registration 115

43(B)log

AUGUST 11, 2021

Twain thought he should have ownership of his lectures—“my lecture was my property.” It’s not clear that giving Cord’s estate ownership would be social justice, but that’s a question worth asking. Prototypical 19 th case: Publishing agreement is silent on ownership; publisher complies w/formalities and author doesn’t.

Ownership 45

Ownership Moral Rights Copyright Publishing 45

Erik K Pelton

MARCH 9, 2021

I recently spoke with a small business owner who bought a restaurant, rebranded it, opened it to the public, and received critical acclaim. There are several risks and costs for a business that skips over brand protection steps and does not have a properly protected trademark. Second, there’s the cost of time.

Cease and Desist 130

Cease and Desist Trademark Social Media Branding 130

The TTABlog

JANUARY 3, 2024

31: De Minimis Sales of Amplifiers Over Six-Year Period Leads to Cancellation of "CS" Registration for Abandonment Failure-to-Function: Precedential No. 19: Laches Based on Expired Registration Saves EVOGUE from Part of VOGUE's Confusion and Dilution Claims Nonuse: Precedential No.

Registration 85

Registration Ownership Trademark Designs 85

Intepat

APRIL 18, 2022

Whereas, the copyright registration certificate will be valid proof against the infringer. There are several chances for competitors to access and claim ownership of the original work. Hence, copyright registration will signify the work is inaccessible to competitors. However, you can opt for trademark registration.

Copyright 98

Copyright Public Domain Registration Ownership 98

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 ®. One of the main reasons is the cost.

Trademark 98

Trademark Copyright Ownership Intellectual Property 98

LexBlog IP

NOVEMBER 13, 2023

The Nice Classification is a globally recognised system used to classify trade mark registrations across 92 countries , including Australia. In the latest edition, the Committee of Experts made several amendments to the classification, including adding express references to virtual goods and services. The more specificity, the better.

Non-Fungible Tokens 52

Non-Fungible Tokens Technology Business Branding 52

IP and Legal Filings

JUNE 16, 2021

As a lawyer, we tend to advise that the registration of your IP is of utmost importance since it affords multiple rights to the owner which assist them in their enforcement. In case federal law permits the registration of trade secrets and confidential information, it must be registered as in the case of the United States.

IP 84

IP Ownership Registration Licensing 84

IP Tech Blog

FEBRUARY 15, 2023

Navigating these challenges in the proper way will be key to the selection of the appropriate business model for the exploitation and commercialization of the algorithms (e.g. licensing, assignment, JVs, cooperation and co-development etc.) This will help avoid surprises from the application of unfamiliar Chinese laws and regulations.

Intellectual Property 113

Intellectual Property Due Diligence Ownership IP 113

LexBlog IP

DECEMBER 26, 2023

Keep in mind the generators are trained on existing material, including things that are protected by copyright and trademark law and registration and patents. used in those generated logos retain the ownership to that original art and do not give you a license to use it exclusively. Can you use it in the ways you want to?

Designs 52

Designs Design Trademark Copyright 52

Erik K Pelton

AUGUST 10, 2020

Another important aspect of the trademark application is asserting the proper ownership of the application. Generally if the business is operating as a corporation or LLC, even if it’s a very small business, generally the corporation or the LLC will be the owner and not the individual.

Trademark 130

Trademark Ownership Social Media Editing 130

43(B)log

AUGUST 19, 2021

It filed an application to register CASPER as a trademark in connection with blockchain technology; the registration issued in November 2020. Without assessing whether Zamfir owned any valid interest, reasoning that ownership of a valid mark is not a requirement under §43(a), the court jumped straight to the Sleekcraft factors.

Registration 72

Registration Social Media Trademark Registering Trademarks 72

The TTABlog

JANUARY 5, 2024

It found the mark to be “ tertium quid ” akin to product packaging and thus eligible for registration without proof of acquired distinctiveness. Here, Curtin’s evidence of the damage she would allegedly suffer was “too remote from registration and is entirely speculative.” Fashion Electronics, Inc. 2023 U.S.P.Q.2d 2d 753 (T.T.A.B.

Registration 78

Registration Designs Design Ownership 78

LexBlog IP

SEPTEMBER 6, 2023

In our previous post, we discussed how a cannabis business can take steps to avoid potential trademark infringement claims. In this release, we will discuss how a cannabis business can use trademarks for brand protection – despite the fact that federal law prohibits filing a cannabis-related trademark.

Trademark 52

Trademark Registration Ownership Business 52

The IPKat

AUGUST 17, 2022

In a somewhat comparable situation, a trade mark holder has surrendered some of their registered marks, even though they were accepted by the UK Intellectual Property Office (IPO), after receiving public backlash against the registrations. What does this mean for the hundreds of other registrations that include these, or similar, words?

Social Media 137

Social Media Registration Intellectual Property Ownership 137

The IP Law Blog

JANUARY 31, 2024

The Corporate Transparency Act (“ CTA ”), a new federal filing requirement for many business entities, became effective on January 1, 2024. Tax return; (b) the business has more than 20 full-time employees in the U.S.; (c) c) the business has an operating presence at a physical office in the U.S.

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Reporting Business Ownership Registration 89

Patently-O

JUNE 1, 2022

Barclays purchases a number of Lehman Brothers businesses and accompanying goodwill back in 2008 as part of the bankruptcy proceedings. That exchange included ownership rights of the LEHMAN BROTHERS trademarks. But, Barclays was not using the marks and allowed their registration to expire. The spirit of the Lehman Brothers.

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Registration Ownership Trademark Branding 122