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 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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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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Ownership Intellectual Property Content Creation Business 52

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?

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Designs Design Trademark Copyright 52

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

JANUARY 11, 2023

Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Registration of a Mask Work. Understanding Mask Work.

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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.,

Ownership 64

Ownership Copyright Registration Public Domain 64

43(B)log

FEBRUARY 3, 2023

Christine Farley, Authenticity and Design: Why sell a chair for 10x a visually identical chair? Sometimes the replication is exact; design claimants say they’re made with cheaper materials and practices, but midcentury modern design aimed for cheapness and access: the idea that more people can have it now would be a good not a bad.

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Designs Design Design Patent Branding 59

LexBlog IP

MAY 3, 2022

Like the United States, China offers protection for 2D and 3D designs of products and packaging, which is often known by U.S. Before diving into details, the chart below illustrates how 2D and 3D designs are protected as different IP rights in China. Protection of 2D Designs. Protection of 3D Designs. Trademark.

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Designs Design Trademark Intellectual Property 52

LexBlog IP

DECEMBER 2, 2022

The Trademark Trial and Appeal Board (“TTAB”) found that there was no likelihood of confusion between the “SMOKES & Design” mark owned by Fancy Pants Products, LLC (“Applicant”), generally used in connection with cannabis products, and the “SMOK” mark owned by Shenzhen IVPS Technology Co.

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Designs Design Registration Copying 40

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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Branding Brands Branding Trademark 52

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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Ownership Trademark Registration Designs 59

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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Designs Design Copyright Artistic Work 52

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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Designs Design Registration Ownership 44

Plagiarism Today

AUGUST 23, 2022

According to the study, only one in 25 even attempts to transfer copyright ownership with the purchase of the NFT and even that may be ineffective. The “vast majority” of NFT projects did not attempt to convey any ownership of intellectual property rights. However, NFTs were never designed for this purpose.

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Copyright Ownership Intellectual Property Technology 252

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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Ownership Moral Rights Copyright Branding 80

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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Registration Designs Design Ownership 52

IP and Legal Filings

JULY 9, 2024

This article discusses the domain of trademark registration, which is useful for businesses and individuals in order to protect their brand. Logo designs can be of just graphics or include the text or both graphics as well as text. Here are the main categories of elements that can be registered as trademarks: 1.

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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

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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Designs Design Registration Ownership 48

The TTABlog

JANUARY 3, 2024

34: TTAB Dismisses Monster Energy's Section 2(d) Claim On Summary Judgment Due to DIssimilarity of Design Marks Precedential No. 5: TTAB Finds ICE MONSTER & Design Confusable With MONSTER ENERGY for Restaurant Services Section 2(e)(1) - Mere Misdescriptiveness: Precedential No. [Good luck with that.]

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Registration Ownership Trademark Designs 85

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. Focusing on the uniqueness of the Tribe’s building design in the relevant industry, it concluded that the subject building design is inherently distinctive for the Tribe’s services.

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Registration Designs Design Ownership 78

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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Designs Design Design Patent Advertising 52

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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Registration Ownership Design Designs 52

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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Ownership Contracts Copyright Registration 69

43(B)log

JANUARY 18, 2022

WRB has an incontestable registration for “Hammer-Schlagen” and a registration for the trade dress of its stump, cross-peen hammer, and nails: specifically, “a three-dimensional configuration. DAMM has a registration for “Minneschlagen.” WRB’s word mark registration states that “the English translation of ‘hammer-schlagen’.

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Registration Ownership Social Media Marketing 45

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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Trademark Copyright Ownership Intellectual Property 98

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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Intellectual Property IP Ownership Registration 52

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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Registration Social Media Trademark Registering Trademarks 72

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.

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The IPKat

MAY 5, 2023

A recent dispute in Nigeria over trade mark registration and possible proprietorship over a movie title and a title character has brought to the fore questions regarding the processes and procedures at the Trade Mark Registry and whether movie titles and title characters without more should be registrable as trade marks in Nigeria.

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Registration Ownership Copyright Trademark 119

Garrigues Blog

MARCH 2, 2023

The national office sends the documentation to WIPO in Geneva which then notifies the national offices of the countries designated (national phase). Necessary information for the application Details of the application for or registration of the basic mark in one of the member countries of the Madrid System.

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Trademark Registration Designs Design 52

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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Law Branding Branding Brands 98

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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Registration Branding Brands Branding 62

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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Registration Ownership Trademark Law 60

Technology & Marketing Law Blog

NOVEMBER 21, 2021

This summer, the Copyright Review Board issued an interesting decision about the registrability of emojis. The Copyright Review Board is the Copyright Office’s internal administrative review process for the registration decisions of individual copyright examiners. The examiner denied the registrations. copyright law.

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Copyright Registration Fair Use Designs 125

Intepat

JUNE 17, 2024

The former was enacted in 1892 to establish a standardized system for the international filing and registration of trademarks. Automatic registration will occur in designated countries if the trademark office does not raise any objections during a period of 12 and 18 months. Allows payment of one set of fees.

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