More Than Your Mark

AUGUST 20, 2021

However, if your 3-D printed work relies on the files created by another, or is the result of scanning the sculpture of another, you may have to make proper attribution of ownership to the file owner. Contact Norris McLaughlin About Intellectual Property Disputes Over 3-D Designs.

Intellectual Property 98

Intellectual Property Designs Design Invention 98

Technology & Marketing Law Blog

MARCH 10, 2022

In a footnote, the court acknowledges the law is “evolving” with respect to employer ownership of social media accounts: The law on the ownership of a social media pages created by employees for employers is evolving rapidly and varies between jurisdictions. What about employee social media laws? DLB-21-401 (D.

Social Media 98

Social Media Contracts Ownership Business 98

JIPL Online

FEBRUARY 26, 2021

com” at after a generic word, “Booking,” still makes “Booking.com” generic within traditional trademark law [xiv] and (2) the fact consumer identify “Booking.com” doesn’t change the fact that it is still generic and thus ineligible for trademark registration. [xv] at 2304 (2020) (describing the definition of a “generic” term).

Trademark 98

Trademark Registration Trademark Law Advertising 98

SpicyIP

AUGUST 26, 2024

In India, while fictional characters, as stated above, are not categorically enlisted within the statutory definition of “works” under Section 13, this definition has been judicially expanded over the years (covered previously here ). Only Fools the Dining Experience Ltd.

Personality Rights 111

Personality Rights Privacy Copyright Trademark 111

The IP Law Blog

JUNE 16, 2022

Trademark law was developed to help protect a seller’s “brand” in connection with the marketing and labeling of products for sale to avoid “consumer confusion.” One rarely litigated aspect of trademark law is that the use of the trademark must be for a lawful purpose. on a dry weight basis.”

Trademark 52

Trademark Law Brands Branding 52

LexBlog IP

JUNE 16, 2022

Trademark law was developed to help protect a seller’s “brand” in connection with the marketing and labeling of products for sale to avoid “consumer confusion.” ” One rarely litigated aspect of trademark law is that the use of the trademark must be for a lawful purpose.

Trademark 52

Trademark Law Brands Branding 52

IIPRD

JUNE 13, 2024

AI affects the current structure of intellectual property rights, Artificial intelligence in the contemporary era AI is often considered as a subset of computer science that focuses on simulating intelligence in machines but this definition does not do justice with the AI scope and its vast features.

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

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. There have been some court decisions on this precise topic, but the law is not completely settled. But what rights do you have to what it creates for you?

Designs 52

Designs Design Trademark Copyright 52

IIPRD

JUNE 8, 2024

Intellectual property rights protection to the fashion industry Trademark Act: Trademark Act plays a significant role in preserving a brand’s legitimacy and integrity, which is advantageous for the industry. However, the protection of fashion designs by trademark law is not perfected.

Intellectual Property 52

Intellectual Property Designs Design Brands 52

Intepat

OCTOBER 28, 2024

This article explores the limitations on the use of political party symbols in India, examining relevant case laws and principles under intellectual property law. Political Party Symbols: Definition and Legal Framework Political party symbols encompass any insignia, emblems, flags, seals, or names associated with a political party.

Intellectual Property 52

Intellectual Property Intellectual Property Law Trademark Registration 52

IP and Legal Filings

DECEMBER 23, 2023

After examining the facts, the court held that the owner of trademark had the exclusive right to register the trademark as a domain name under the trademark law. It also held that when possessor of a trademark has prior and exclusive usage, they not only possess superior title but also absolute ownership.

Trademark 52

Trademark Registration Trademark Law Business 52

IP and Legal Filings

SEPTEMBER 8, 2023

Taking ‘odour’ as the basic constituent, plain elucidation of the chemical substance used would not be sufficient or lets say is not an acceptable standard for registering as a trademark. dissimilarity between the existing marks either in terms of shape, size, color, picture serves the essentials of a trademark.

Trademark 52

Trademark Registration Marketing Marketing 52

SpicyIP

FEBRUARY 27, 2024

The question of ownership in the virtual world, particularly in video games, has long been debated. On the trademark side, relevant is this post by Bhavya Solanki and Medha Bhatt discussing the applicability of the fair use provisions of trademark law to the unauthorized use of trademarks in the virtual world.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

IP and Legal Filings

JULY 5, 2023

Trademark law prohibits the registration of a mark that indicates the nature of the goods. It is preferable to use a word that does not have a dictionary definition and has no direct relation to the product. Simply having a descriptive mark does not make it unique enough to be registered. Avoid well-known brands.

Trademark 59

Trademark Registration Brands Branding 59

Corsearch

NOVEMBER 15, 2022

There are different definitions of what the metaverse is. The accuracy and traceability of ownership is the key attraction here. Brands and IP owners are closely watching the development of StockX and MetaBirkins lawsuits that may lay the foundation of IP law in the metaverse. What Exactly Is the Metaverse?

Brands 52

Brands Branding Branding Non-Fungible Tokens 52

Technology & Marketing Law Blog

MAY 30, 2023

Accordingly, the court preliminarily enjoins the Owocs from posting to the accounts until ownership is definitively adjudicated. You can see how social media account ownership issues are intractable when companies embrace “cults of personality” around a charismatic entrepreneur. That May Be a Problem–La Baguette v.

Social Media 98

Social Media Ownership Marketing Marketing 98

Technology & Marketing Law Blog

JULY 17, 2023

In addition, the opinion has important ramifications for domestic trademark law through its identification of “use in commerce” as the actionable domestic conduct. Now in trademark law, extraterritorial reach is a simple on-off switch: Is there use in commerce or not?

Blogging 75

Blogging Trademark Litigation Law 75

Technology & Marketing Law Blog

APRIL 29, 2023

.” Most of the opinion discusses the trademark implications of Ripps’ rival NFT collection. With that framing, trademark law protects against the unwanted competition, and the court treats this as an easy rightsowner win. Of the efficacious four, three were based exclusively on trademark rights, not copyright.

Fair Use 105

Fair Use Cease and Desist Copyright Trademark 105

Technology & Marketing Law Blog

OCTOBER 19, 2021

The Kremen case involved the alleged theft of the sex.com domain name by improperly modifying the electronic records evidencing ownership of the domain name. Website owners can prevent the unauthorized reassignment of their ownership interests, such as someone trying to modify their copyright registration records.

Licensing 105

Licensing Copyright Contracts Advertising 105

IPilogue

JANUARY 14, 2022

Copyright Ownership of Movies and Films in Canada: Who’s on First? Introducing the College of Patent Agents & Trademark Agents. DABUS was granted patents in Australia and South Africa, with the Federal Court of Australia citing that while only humans can be owners, the definition of “inventor” is more flexible. David Vaver.

IP 105

IP Copyright Infringement Inventor Intellectual Property 105

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

JANUARY 2, 2022

Google argued that even when the keyword is a trademark, it is never used in a ‘trademark sense’, thereby the invisible use of trademarks, as keyword, failing to meet the threshold to constitute infringement. Delhi High Court’s Intellectual Property Division Rules, 2021.

IP 143

IP Intellectual Property Trademark Copyright 143

Technology & Marketing Law Blog

JANUARY 28, 2022

For background, check out my post on the district court’s ruling here: “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ”. It did not specifically address ownership of social media accounts. Gutman signed an employment agreement with JLM. This was erroneous.

Social Media 118

Social Media Ownership Contracts Privacy 118

43(B)log

JUNE 24, 2022

Does the ornamentality doctrine have doctrinal purchase elsewhere in trademark law? 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. 1A and © public domain seem to answer the market definition Q.

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

IP and Legal Filings

DECEMBER 20, 2024

However, it provides both good challenges and opportunities under trademark law. The blog covers how trademarks evolve in the era of social media and influencer marketing, analyzing legal uncertainties, protection mechanisms, and best practices for commercial usage. Therefore, a brand can be registered in the U.S.

Social Media 102

Social Media Trademark Brands Branding 102

IP and Legal Filings

APRIL 21, 2025

A subset of law known as intellectual property law protects investments and promotes innovation by giving creators, inventors, and companies legal ownership rights over their works. The main components of IP law are trade secrets, patents, trademarks, and copyrights. The question of ownership also comes up.

Intellectual Property 59

Intellectual Property Inventor Moral Rights Ownership 59

SpicyIP

MARCH 22, 2025

2003), reaffirming that courts continue to adhere to the broad definition of “use.” A more structured interpretation of “use” and “special circumstances” is necessary to prevent the indefinite retention of trademarks without genuine commercial activity. Addisons Paint & Chemicals Ltd.

Advertising 59

Advertising Advertising Trademark Registration 59

43(B)log

OCTOBER 4, 2021

Another way to put it is that aesthetic functionality requires you to have an understanding of the definition of the market in which other clothing makers should be free to compete. This analysis does make some sense, but raises the question of what the how to identify what counts as a “significant” disadvantage.

IP 94

IP Trademark Advertising Advertising 94