LexBlog IP

APRIL 18, 2023

Presumably afraid that a decision one way or the other would move financial markets and have unforeseen consequences, the Court assumed the declaring code was protected by copyright and decided the case on fair use. SAS also claims WPL copied its ‘Output Designs,’ which are the result of applying Input Formats to user data.”

Copyright 52

Copyright Fair Use Copying Public Domain 52

43(B)log

FEBRUARY 19, 2022

Gripers and Political Critics Cases involving criticism of ordinary commercial actors provide a fascinating contrast to both noncommercial speech sold in the market and to political and religious conflicts. TM bullying w/ a public domain quilt, claiming rights over “Dear Jane” as quilt/software. What to do next?

Trademark Law 72

Trademark Law Trademark Art Branding 72

SpicyIP

NOVEMBER 16, 2023

This app, as they claimed, is unique in that it combines a stock market trading feature alongside fantasy gaming, something that they said was non-existent in the market prior to its app. Protection of GUIs have often been discussed in the context of Designs and a Calcutta High Court judgement in Ust Global (Singapore) Pte Ltd v.

Copyright 59

Copyright Marketing Marketing Copying 59

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain. Such inventions may be protectable under federal patent laws.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

LexBlog IP

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Also, if the company has changed the graphic user interface to any of its technology products or has changed product packaging, point of sale displays, or product design, these may also be protectable trade dress.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

43(B)log

JUNE 24, 2022

Other IP rights: utility patent creates presumption of functionality; wonders about whether presence of non-TM IP protection for ornamental features—design patent, ©--might create a presumption of mere ornamentality w/o further evidence of source signification. Every figurative TM will be protected by ©/design, built into the system.

Trademark Law 75

Trademark Law Law Trademark Registration 75

43(B)log

DECEMBER 20, 2022

In addition, the design of the title of the 2013 Documentary was allegedly similar to plaintiffs’ registered 12 O’Clock Boyz logo. The original filmography in the 2013 Documentary “captures many similar stunts, at greater length, in higher-definition film.” The similarities in setting, theme, etc.

Fair Use 52

Fair Use Trademark Copyright Editing 52

IP and Legal Filings

NOVEMBER 27, 2022

Trademark refers to the cumulation of distinctive sign/symbol, design, or combination which is exclusively associated with the products or services helping the targeted customers identify the same easily. INTRODUCTION. Image Source: iStock]. Do not serve merely as an ornamental or adorning purpose.

Trademark 52

Trademark Branding Brands Branding 52

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. However, later the defendant served a termination notice against which the plaintiff filed this suit.

IP 136

IP Intellectual Property Copyright Trademark 136

Technology & Marketing Law Blog

JUNE 21, 2023

1125(c)(3)(C) by claiming its humorous use of the Jack Daniel’s marks was not pure commercial speech because it poked fun at the company in the Bad Spaniels design. Parody doctrine can apply when a similar mark is used as a designation of source, such as in the Chewy Vuiton case. Source-identifying uses of marks.

Trademark 101

Trademark Blogging Trademark Law Fair Use 101

Copyright Lately

MAY 13, 2022

That’s why the 1925 novel “The Great Gatsby” didn’t enter the public domain until 2021. But Hawley’s bill has nothing to do with forcing that 1928 short film into the public domain. There’s no question that Hawley’s legislation is specifically designed to punish Disney.

Reporting 118

Reporting Copyright Public Domain Marketing 118

43(B)log

JUNE 24, 2022

PTO very occasionally recognizes this—weave pattern for Bottega Veneta, looked at the definition of the mark and said no one would notice the millimeter width of the weave. Which is the same as the problem of market definition, with which TM law has long grappled unsuccessfully and largely silently. F2F works pretty well.]

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

43(B)log

FEBRUARY 23, 2024

Sears/Compco said there was a right to copy things in the public domain; how did that go away? Only if you believe they’ll stick with their statement about the definition of “use in commerce.” Not clear why, but definitely doing it, e.g. in Romag. But somehow there’s a big change between Sears/Compco and Taco Cabana.

Trademark 45

Trademark Law Branding Brands 45

Barry Sookman

MAY 4, 2020

patent statute including the definition of “inventor” which means “the individual or, if a joint invention, the individuals collectively who invented or discovered the subject matter of the invention”. In rendering the decision, the USPTO referred to a number of provisions in the U.S. Unigate Enter., 3d 1169, 1173 (9th Cir. Drosnin, 136 F.

Intellectual Property 52

Intellectual Property Inventor Invention Copyright 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

If the work was published without proper copyright notice, the work entered the public domain. 101 ] The recorded interviews meet the definition: they are expressed in words, and they are embodied (and therefore “fixed”) in tapes or computer memory. ” [ 17 U.S.C. with the authorization of) the author.

Copyright 121

Copyright Blogging Publishing Fair Use 121