The IPKat

OCTOBER 4, 2021

In 2000, Nestlé filed an application with the Swiss Trademark Office for registration of a 3D trade mark in class 30 for coffee, coffee extracts and coffee preparations. Picture on top right is by Joe Shlabotnik and is licensed under the Creative Commons Attribution 2.0 Generic license.

Public Domain 145

Public Domain Marketing Marketing Licensing 145

LexBlog IP

AUGUST 22, 2022

2022 The Pennsylvania State University (“Penn State”) sued Vintage Brand, LLC (“Vintage”), an online retailer of screen-printed goods featuring logos and images, for violations of federal and state trademark and unfair competition laws. When a trademark fails to fulfill this purpose, it is subject to cancellation.

Licensing 52

Licensing Trademark Public Domain Registration 52

The IPKat

OCTOBER 12, 2022

A major contribution of economics to our understanding of trademarks is "search costs", generally here. This idea is that trademarks are an efficient tool for consumers because a consumer can rely on the mark, rather than having to search for sufficient information about the source of the product each time he wishes to make a purchase.

Law 127

Law Trademark Public Domain Licensing 127

Trademark and Copyright Law Blog

MARCH 11, 2021

In 1982, Universal filed suit in the Southern District of New York for trademark and copyright infringement , and also threatened, and extracted license fees from, Nintendo’s various US Donkey Kong licensees. Story first appeared on Trademark and Copyright Law. Many thanks to Mast3r-Rainb0w for the Donkey Kong illustration!

Public Domain 98

Public Domain Trademark Copyright Infringement Licensing 98

Kashishipr

DECEMBER 28, 2021

Three pharmaceutical companies, including Enzon Pharmaceuticals, Micromet AG, and Cambridge Antibody Technology (now acquired by AstraZeneca), in September 2003 announced signing a non-exclusive cross-license agreement. In the latter case, no license or permission of any sort is required from the patent owner for commercializing the product.

IP 105

IP Patent Invention Licensing 105

The IPKat

SEPTEMBER 15, 2022

In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws. for protection of its trademark “L.O.L. Thus, in April 2022, deciding on a case brought by a U.S.

IP 133

IP Branding Brands Branding 133

Dear Rich IP Blog

DECEMBER 9, 2023

From what I can tell, the movements have been treated like they are in the public domain, without copyright or trademark notices. So, most of what you want to use is in the public domain due to old age, and you can perform or duplicate the moves and describe them in your own language. Is this accurate?

Art 59

Art Public Domain Copyright Publishing 59

Kashishipr

APRIL 20, 2022

Patents, copyright, and trademarks have been the most widely recognized forms of IP to date; however, there are other forms as well, including geographical indications and industrial designs, which have been gaining attention in the past few decades.

Intellectual Property 119

Intellectual Property Confidentiality Public Domain Business 119

Intepat

APRIL 18, 2022

It provides credit for your work and builds your reputation in public. Besides, People who wish to license your work can get in touch with you. However, you can opt for trademark registration. Hence, creators should be well aware to document their work before going into the public domain. Action against infringer.

Copyright 98

Copyright Public Domain Registration Ownership 98

The TTABlog

DECEMBER 13, 2022

TBL Licensing, LLC v. Most of the issued patents cited in this brief have expired, meaning that the disclosed features are in the public domain. To conclude that TBL can strip the public's right to copy and benefit from these features today would be antithetical to the pro-competitive objectives of both trademark and patent law.

Design 96

Design Designs Advertising Advertising 96

Kashishipr

MAY 25, 2021

You may sign-up for a Creative Common License where the issue lies in seeking acknowledgment of the work. Such a license would enable using the resources held by owners of the CC Licenses to the extent of editing, remixing, copying, and distributing the work without circumventing the copyright law. Trademarking a Blog.

Intellectual Property 98

Intellectual Property Blogging Fair Use Registration 98

The IPKat

APRIL 30, 2024

The clash between artistic value and substantive value refers specifically to trademark and copyright cumulation and, according to the Italian Supreme Court, would make the shape mark unregistrable. At the conclusion of the session, one cannot help but wonder: What might an EU-wide copyright title look like?

Reporting 63

Reporting Copyright Public Domain Law 63

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Need for Protection of Personal Names through IPR Celebrities commonly demand a licensing fee for the utilization of their name, image, or other distinctive attributes in advertising or merchandising endeavours. This Act does not explicitly specify the inclusion or exclusion of personal names or surnames for trademark protection.

Intellectual Property 98

Intellectual Property Registration Trademark Personality Rights 98

Copyright Lately

AUGUST 2, 2022

Multiple times throughout June and July 2022, Netflix informed Barlow & Bear’s lawyers that their July 26 performance wasn’t authorized and would give rise to claims for willful copyright and trademark infringement unless they negotiated a license—which Netflix was willing to do. Netflix disagrees.

Music 117

Music Derivative Work Fair Use Cease and Desist 117

Greenspoon Marder LLP

SEPTEMBER 18, 2018

As trademark lawyers everywhere know, “generic” terms do not qualify for trademark protection under the Lanham Act. The name of a product or service itself cannot function as a trademark because it does not identify and distinguish the goods or services of one seller from other sellers. and Plant (for the sale of plants).

Public Domain 52

Public Domain Branding Brands Branding 52

The IP Law Blog

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

43(B)log

FEBRUARY 24, 2023

Be willing to let go of shorthands: LOC is probably not a useful concept for what TM is actually doing now; so too with distinctiveness and source identification in a world of licensing and outsourcing and merchandising. Do we value easy to apply rules? Or more flexibility for new tech and interests as they arise?

Trademark 69

Trademark False Advertising Fair Use Branding 69

Technology & Marketing Law Blog

DECEMBER 27, 2023

His defense is that the work he used was free for all; after his victory, that work remains in the public domain for others to build upon. This logic seemingly extends equally to trademark cases… * Politico : “Tech giant battle means doom for small news outlets, Trudeau was warned.” March 29, 2023).

IP 98

IP Advertising Advertising Copyright 98

The IPKat

DECEMBER 31, 2023

This week’s big IP news is the New York Times suing OpenAI and Microsoft for copyright infringement, trademark dilution and other violations of existing laws. Image: flickr.com Katfood The New York Times Company v. Microsoft Corp., The whole editorial is available here. More information and application details can be found here.

Intellectual Property 71

Intellectual Property Intellectual Property Law Public Domain Copyright Infringement 71

SpicyIP

NOVEMBER 15, 2022

Registrar of Trademarks. SpicyIP Tidbits: Compulsory License on Mira Behn’s Autobiography, and Stricter Test of Similarity of Marks for Medicinal Products. SpicyIP Tidbits: Compulsory License on Mira Behn’s Autobiography, and Stricter Test of Similarity of Marks for Medicinal Products. Licensing Ip International S.AR.L

Trademark 105

Trademark Patent Copyright Designs 105

Intepat

OCTOBER 6, 2024

A patent can be granted when the invention meets certain criteria: Novelty: it must be new and not available in the public domain. and in a way that it must be new and not available in the public domain. Industrial Applicability : there has to be a practical application to the invention. The post MYTH VS.

Patent 52

Patent Invention Public Domain Intellectual Property 52

SpicyIP

MARCH 27, 2023

Subbaraya Setty & Anr that made some important observations on the use of trademarks as collateral. The defendants argued that these trademarks/taglines were descriptive in nature, but this was rebutted by the plaintiff in its replication. Regarding the objection of the defendants that the documents related to Defendant No.

Design 105

Design Designs Cease and Desist Art 105

LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Let’s dive in!

Fair Use 40

Fair Use Art Licensing Derivative Work 40

43(B)log

JUNE 24, 2022

Relationship to use as a trademark; symmetry b/t types of use that might allow acquisition of rights v. Lifeguard Licensing owns registrations for LIFEGUARD for lots of goods including apparel. If we want to leave certain matter in the public domain, we need to account for the ability to create de facto secondary meaning.

Trademark Law 75

Trademark Law Law Trademark Registration 75

Intepat

APRIL 18, 2022

It provides credit for your work and builds your reputation in public. Besides, People who wish to license your work can get in touch with you, leaving no room to claim that they were unaware that it was your work. However, you can opt for trademark registration. Action against infringer.

Copyright 52

Copyright Public Domain Registration Ownership 52

Kashishipr

JUNE 8, 2022

The term royalty-free music means that you won’t be required to pay the royalty fee when you license media or music. A common misconception is that instrumental music lies in the public domain and doesn’t need to be licensed. You need to pay for the track to own the license corresponding to its use.

Music 45

Music Licensing Public Domain Copyright 45

Intepat

NOVEMBER 20, 2023

Licensing Rights: Copyright owners have the right to license their work. Copyright registration allows anyone to confirm the true owner of the work, facilitating the licensing process. The act of publication ensures that the work is broadcast in the public domain, offering the owner a sense of security.

Registration 52

Registration Copyright Ownership Public Domain 52

LexBlog IP

NOVEMBER 1, 2023

Verify expiration of trademark registrations during the upcoming year, new registrations, and update of information. The exclusive right to use a trademark in commerce, and to commence legal actions against third parties for the unauthorized use of a trademark, arises solely from registration.

IP 52

IP Registration Reporting Trademark 52

IP and Legal Filings

APRIL 24, 2025

Patents enable inventors to receive unique rights for their creations for a predetermined timeframe of twenty years which starts from the date of filing until the invention reaches public domain. You can achieve a licensing agreement which enables others to use your patented invention while you receive payment but skip legal actions.

Invention 52

Invention IP Intellectual Property Cease and Desist 52

Kluwer Copyright Blog

JUNE 30, 2021

Take as an example the documentary makers who have tried to use the iconic “I have a dream” speech by Martin Luther King and have been prevented from doing so because of his Estate’s aggressive licensing and enforcement strategy. Tales from the Public Domain , “documentaries are records of our culture. by Tito Rendas. €

Fair Use 105

Fair Use Copyright Law Copyright Law 105

IP and Legal Filings

JULY 16, 2024

According to the World Intellectual Property Organization (WIPO) , “trade secrets are intellectual property rights on confidential information which may be sold or licensed.” The court held that confidential information must be information which is not in public domain or known to people in general.

Confidentiality 96

Confidentiality Contracts Intellectual Property Business 96

Biswajit Sarkar Copyright Blog

MAY 30, 2022

Although in principle, a NFT of a trademark or any work in public domain can be created. In India, copyright can be transferred either by licensing or assignment by making an application to the Registrar of Copyrights in the prescribed form and fees. Thus, it seems difficult for NFT to fulfil these requirements.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Ownership Social Media 52

Biswajit Sarkar Copyright Blog

MAY 30, 2022

Although in principle, a NFT of a trademark or any work in public domain can be created. In India, copyright can be transferred either by licensing or assignment by making an application to the Registrar of Copyrights in the prescribed form and fees. Thus, it seems difficult for NFT to fulfil these requirements.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Ownership Social Media 52

Technology & Marketing Law Blog

DECEMBER 13, 2023

In that case, Judge Easterbrook wrote, in finding that a “shrinkwrap” license was enforceable against the defendant: But are rights created by contract “equivalent to any of the exclusive rights within the general scope of copyright”? Zeidenberg , the 1955 Enchantment Under the Sea Dance of Internet legal opinions.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

IP and Legal Filings

OCTOBER 4, 2022

Trademarks. Trademarks are protected by registration with the IP Department. A GCC Trademark Law was issued in 2006. This law will replace the current Trademark Law of 1992 subsequent to its publication in the Official Gazette by the UAE government. Copyright can be registered with the IPPD.

Intellectual Property 52

Intellectual Property Law Business Design 52

43(B)log

FEBRUARY 22, 2022

Unique expertise on code too; code is different from photos, music, videos; some of the most valuable code on GitHub is licensed openly. Remediation not removal is often the goal—changes to the code rather than removing often resolves the problem, e.g. addressing violation of open source license by adding attribution etc.

Copyright 45

Copyright Fair Use Music Licensing 45

The IPKat

SEPTEMBER 30, 2021

Picture on right is by Berdea and licensed under the Creative Commons Attribution-Share Alike 3.0 Unported license Picture on left is from Brockhaus and Efron Encyclopedic Dictionary (1890—1907)and is in the public domain.

Public Domain 58

Public Domain Technology Licensing Intellectual Property 58