LexBlog IP

MAY 18, 2022

2D designs and texts on a product or packaging may be protected as written, pictorial, photographic, and graphic works, or even works of fine art, depending on the nature of the design elements. The situation is much more complex for product designs and 3D packaging. copyright law. For comparison, U.S. Like in the U.S.,

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IP and Legal Filings

MARCH 30, 2024

The integration of technology within the domain of art design has provided artists with unprecedented possibilities to conceptualise and implement interactive and immersive experiences. This blog explores the ownership and authorship dilemma that arises at the intersection of AI-generated art and Thaler v.

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The TTABlog

MAY 25, 2023

Applying the Morton-Norwich factors, and giving some weight to applicant's design patents, the Board concluded that the USPTO failed to make a prima facie case of functionality. There were no utility patents of record, nor any evidence showing that JBL touted any utilitarian advantages of this product design.

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The TTABlog

JUNE 28, 2022

Kretet also pointed to its ownership of a registration for a similar mark for non-medicated skin serums, but the Board was unimpressed. Seven third-party websites offered, under the same trademark or trade name, goods identified in both the involved application and cited registration. In re Krete LLC , Serial No.

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The IPKat

SEPTEMBER 9, 2021

Late last month (August), the Kampala Protocol on voluntary registration of copyright and related rights within the framework of the African Regional Intellectual Property Organization (ARIPO) was adopted at a Diplomatic Conference held in Kampala, Uganda. This post presents some of the highlights of the Protocol. See Article 6.

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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.,

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The TTABlog

DECEMBER 5, 2022

The Board sustained an opposition to registration of the mark DANA DESIGN in the form shown below, for backpacks, hiking equipment, tents, and related goods, on the ground that the mark comprises the name of a living individual, Dana Gleason, without his consent and is therefore barred from registration by Section 2(c) of the Trademark Act.

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Sander Law

FEBRUARY 1, 2023

Trademark Registration for Musicians Are you a musician? Then you have trademarks that are worth protecting through trademark registration! The post Trademark Registration For Musicians appeared first on SANDER LAW. Contact Sander Law to get started!

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Indiana Intellectual Property Law

APRIL 26, 2024

The lawsuit alleges that certain swimsuits marketed by FullBeauty Brands and affiliated entities bear a striking resemblance to designs owned by competitors. Global Trademarks, operating under the umbrella of Swim USA , claims ownership of swimwear designs and brands like MIRACLESUIT ® and SWIM SOLUTIONS ®. Continue reading

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LexBlog IP

MARCH 28, 2022

Trade mark ownership is an important consideration for any business. Unfortunately however, while seemingly obvious, the concept of ownership is sometimes overlooked and can be more complex than originally imagined. Even font designs can attract specific intellectual property rights. At this point, it may be too late!

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IP Watchdog

APRIL 30, 2024

s opposition and refused registration of Jalmar Araujo’s mark #TODECACHO. Framboise alleged ownership of the pictured design mark (left) based on prior use of the mark in the United States in connection with hair products, including shampoo, conditioner, hair mask treatments, hair cream, curly hair activator, hair jelly, etc.

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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.

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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.,

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The IPKat

JULY 23, 2024

Our Katfriend considered several aspects regarding copyright ownership. Trade Marks Katfriend Kimberley Evans discussed the refusal of the BASMATI trade mark registration in New Zealand. Patents and Designs Jocelyn Bosse reviewed the book Terrell on the Law of Patents , which was first published in 1884 by Thomas Terrell.

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The TTABlog

JULY 13, 2021

But Applicant owns prior registrations for ELDORADO HOTEL CASINO RENO in standard character and design forms, and the Board concluded that, as in Strategic Partners , the thirteenth duPont factor "tipped the scale" and outweighed the other factors, "making confusion unlikely under the facts of this case." TTABlogged here ].

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The TTABlog

MARCH 5, 2024

Once again, the existence of a patent established the functional benefits of the design: it "enables the user to secure the holster within the waistband, and the gun within the holster, with minimal bulkiness and weight and with maximum comfort." indicates that the design is not de jure functional.

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The IPKat

MARCH 14, 2024

The IPKat has received and is pleased to host the following guest contribution by Nkem Itanyi (University of Nigeria) on a recent dispute over copyright ownership of the movie, Shanty Town which premiered on Netflix in January 2023 and discussions over a sequel to the movie. GMC denied the assertions as false.

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The TTABlog

MAY 7, 2024

The application was filed under Section 1(b) and the mark had not been put into use, so the applicant claimed acquired distinctiveness from three other BASQUIAT registrations, but the Board found that its supporting evidence fell short. However, there was no evidence that the late Jean-Michael Basquiat was a fashion designer.

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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.

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43(B)log

DECEMBER 6, 2023

Hy-Vee counterclaimed for declaratory judgment that Williams’s copyright registration certificate for the mural is invalid because Williams knowingly provided inaccurate information to the Register of Copyrights when he filed his copyright registration application.

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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. Once it becomes a language, you’ve lost ability to control it. It didn’t develop organically. Merger is off the table. [So

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Sander Law

MARCH 29, 2023

Ownership Just as you can own physical property, like a house, you can be the legal owner of IP (e.g. patents, industrial designs), other forms of IP rights may be acquired without registration (e.g. What are Intellectual Property (IP) Rights? a form of intangible property). on a per country or region basis).

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The TTABlog

DECEMBER 21, 2022

The Board also found that the design elements of the mark "are not nearly as significant as the marks' literal elements." Applicant argued that the marks have different connotations: that its “palm tree design communicates a tropical place, which is suggestive of the commercial context in which Applicant[] uses its mark. Welch 2022.

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The IPKat

AUGUST 2, 2024

The original Club opposed the applications on several absolute and relative grounds, including the confusing similarity between the marks and the use of the proposed registration in a deceptive manner. Therefore, beyond a prior written agreement to that effect, individual members cannot claim ownership of the marks.

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LexBlog IP

MARCH 6, 2024

Federal trademark registration is typically unavailable for goods and services related to the sale of cannabis. The Holding Company, LLC, having the appropriate abbreviation “THC,” alleges ownership of intellectual property in a “lifestyle brand” that has “gained traction with young consumers.

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The IPKat

MARCH 12, 2024

IPKat readers can take advantage of a 15% discount on the registration fee. The launch of ‘Le sac Swoosh’ (or ‘The Swoosh bag’) in February raised an eyebrow from art director and graphic designer Davide Perella, who shared his version of a concept Nike bag in 2020.

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The TTABlog

SEPTEMBER 11, 2023

The wording “MAD MONSTER” personalizes the general idea of a monster and changes it, with assistance from the alliteration and, for the design marks, the portraiture, into a specific character. Frequent TTAB litigant Monster Energy Company lost another one.

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IP and Legal Filings

JANUARY 31, 2023

It provides an unmatched degree of design and layout possibilities. Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. The players can collect up to 30 NFTs in the game, 10 of which are designed by the artist Beeple [i].

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43(B)log

JULY 20, 2022

CC has a recent trademark registration for a design mark “consist[ing] of the stylized wording ‘COLOR COPPER.COM”, [with] a diamond shape between the wording ‘COLOR’ and ‘COPPER’ made up of four smaller diamonds, each diamond having a pattern inside of it,” COPPER.COM disclaimed. There’s a similar copyright registration for this site.

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LexBlog IP

DECEMBER 17, 2021

Recommended Reading: Germain and Sitler, “The Constitution Commandeth: Thou Shalt Not Protect the Same Subject Matter Under Design Patent and Trade Dress Laws” [link] pic.twitter.com/JCpHwspoIH. —D938,144, for a design for a “Shoe”: [link] #DesignPatents pic.twitter.com/XWsAwvLqHH.

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The TTABlog

SEPTEMBER 27, 2021

Applicant claimed ownership of the word-plus-design mark shown immediately below, for "clothing, namely, shirts, t-shirts, shorts, sweatshirts, pullovers, pants, jackets, coats, belts, socks, headwear and footwear." See , e.g., In re USA Warriors Ice Hockey Program, Inc. ,

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The IPKat

SEPTEMBER 22, 2023

The authors succeeded in simplifying issues that seems typically complex especially for newcomers in the IP field: copyright authorship, ownership and protection. The work also described the registration process of patents in Nigeria, subsistence and exploitation of patents, and infringement of patents.

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The TTABlog

NOVEMBER 28, 2022

This notion reflects the Board’s earlier decisions that if the term is used as a designation of source (i.e., a trademark) and there is a different varietal designation, the term may be registrable." Applicant could have chosen a designation other than IFG to associate as a brand name and file for trademark protection.

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The IPKat

MAY 12, 2024

The dispute concerned the geographical indication "Salaparuta" for Sicilian wine, which received protection in Italy in 2006, and then was registered as a Protected Designation of Origin (PDO) by the European Commission in 2009. The wine brand had been around since the nineteenth century but changed ownership a few times. Article 14.3

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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.

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The TTABlog

APRIL 1, 2024

First DuPont Factor Brings TTAB Dismissal of Monster Energy's Opposition to LAIKABEAST & Design for Mugs and Plates TTABlog Test: Is TABLEAU for Wine Confusable with TABLEAU for Bar Services? Yes] TTABlog Test: Is CROSSFIRST BANK & Circle Design Confusable with Banc of California's RIng Design? Precedential No. Guess What?

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IP Tech Blog

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. It covers architectural design, software, graphic arts, motions pictures, sound recordings, and more, and it is adaptive to new technological advances that would likely apply to NFTs.

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