Likelihood of Confusion

NOVEMBER 24, 2024

Originally posted 2021-04-13 10:40:33. Republished by Blog Post PromoterWhen trademark lawyers — much less judges — use a word, it means just what they choose it to mean — neither more nor less. So unsurprisingly, trademark lawyers are all over this tweet: By “confusion,” of course, I mean the word as used in the phrase […] The post Just what we choose it to mean appeared first on LIKELIHOOD OF CONFUSION™.

Blogging 91

Blogging Trademark Trademark Law Registration 91

Copyright Lately

NOVEMBER 24, 2024

Miley Cyrus’s new motion to dismiss the “Flowers” lawsuit highlights the Ninth Circuit’s flawed approach to copyright standing for co-owners. The lawsuit accusing Miley Cyrus of copying Bruno Mars’s “When I Was Your Man” to create her hit “Flowers” deserves to be dismissed— but not for the reasons laid out in a new motion filed this week by Cyrus and her co-writers.

Copyright 72

Copyright Music Ownership Licensing 72

The IPKat

NOVEMBER 24, 2024

The IPKat has received and is pleased to host the following guest contribution by former GuestKat Nedim Malovic (ASSA ABLOY), commenting on a recent decision of the General Court concerning a figurative trade mark held by Chiquita. Here is what Nedim writes: EU General Court invalidates Chiquita trade mark for bananas as it considers it devoid of distinctive character by Nedim Malovic Earlier this month, the BBC brought us the quirky tale of a Swedish minister’s phobia of bananas—yes, bananas (r

Branding 67

Branding Branding Brands Designs 67

TorrentFreak

NOVEMBER 24, 2024

As the RIAA sued thousands of students for music piracy, Hollywood knew that faster internet connections would soon make movies a similarly easy target. For downloaders in the early 2000s, faster connections couldn’t come soon enough. In the meantime, ads promising faster downloads began appearing everywhere. Some offered magical ‘internet booster’ software that in reality did little or nothing to improve speeds.

Reporting 64

Reporting Business Music Advertising 64

Speaker: Blackberry, OSS Consultants, & Revenera

Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?

Technology

The IPKat

NOVEMBER 24, 2024

Nearly a decade after it was concluded, the Arusha Protocol for the Protection of New Varieties of Plants entered into force today, one year after the ratification of its fourth member state. This Protocol was made under the framework of the African Regional Intellectual Property Organization (ARIPO) and was adopted in Arusha, Tanzania, on the 6th of July 2015.

Contracts 64

Contracts Intellectual Property Designs Design 64

Patently-O

NOVEMBER 24, 2024

by Tim Knight and Dennis Crouch. In 2018, Dr. Stephen Thaler, creator of the ‘Creativity Machine’ AI system, sought copyright registration for an AI-generated image, listing the Creativity Machine as author. The Copyright Office rejected the application, citing the necessity of a human author under copyright law. After two failed requests for reconsideration, Thaler sued to compel registration.

Art 52

Art Artwork Registration Copyright Law 52