43(B)log

AUGUST 11, 2022

Compare: TM registration, FACK JU G Ö HTE—courts finally said that freedom of expression operates in registration as well. Ownership should require a lower burden of proof: comes from the relationship between the spouses and not from the connection to the creation. But the US has not. Seeking cert on that.

Ownership 80

Ownership Moral Rights Copyright Branding 80

IP Tech Blog

FEBRUARY 15, 2023

If a secret is stolen, or the ownership or its proper apportionment are disputed, or if a third party is trying to copy software containing AI algorithms, the right holders must not shy away from taking proper enforcement measures. This will help avoid surprises from the application of unfamiliar Chinese laws and regulations.

Intellectual Property 113

Intellectual Property Due Diligence Ownership IP 113

Technology & Marketing Law Blog

DECEMBER 15, 2021

To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. The registrant counternoticed each time.

Registration 132

Registration Fair Use Copyright Designs 132

CopyrightsWorld

FEBRUARY 17, 2021

Get proof of ownership by registering your copyright. Even though it is not mandatory, copyright registration provides valuable legal protection. It can help you mitigate the risk of expensive and timely litigation, whether you are a claimant or a defendant, as you have proof of ownership. Use a copyright notice.

Copyright Notice 98

Copyright Notice Ownership All Rights Reserved Copyright 98

IP and Legal Filings

MAY 17, 2022

Foreign applicants who are not resident in the Kingdom must apply through IP Registration Agents or law firms authorised by the Industrial Property Directorate. Process of registration. Despite being not mandatory, a trademark search is an important part in the whole process of trademark registration. Requirement of Filing.

Registration 52

Registration Trademark Trademark Law Publishing 52

Technology & Marketing Law Blog

JANUARY 25, 2023

After he was released from jail, he got copyright registrations for the photos and sued (pro se) the media entities for copyright infringement, 1202 violations, and more. To be clear, joint copyright ownership of photos like these could be a policy disaster, so I don’t share the judge’s lament on that front).

Copyright 124

Copyright Fair Use Licensing Ownership 124

LexBlog IP

MARCH 31, 2022

Prevents the registration of confusingly similar marks with the USPTO. Provides a presumption of ownership of the registered trademark. Thus, these trademarks are eligible for registration on the Principal Register. A descriptive trademark may be registrable on the Principal Register under U.S.C. secondary meaning”).

Registration 52

Registration Trademark Registering Trademarks Ownership 52

IP and Legal Filings

FEBRUARY 20, 2023

[Image Sources : Shutterstock] Icann Rules According to the ICANN rules, the domain name registrant is required to comply with all the standards, requirements, procedures and practices when entering into a Domain Name Registration Agreement with the Domain Name Registrar.

Trademark 98

Trademark Registering Trademarks Registration Trademark Law 98

Kashishipr

MARCH 2, 2022

Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. You may see your trademark rights getting diluted and possibly canceled through litigation.

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

Technology & Marketing Law Blog

MARCH 15, 2022

Fuxi, the putative copyright owner, has a registration for an image of printed sage leaves (the left image): The alleged infringer, the Sunny Factory, sells the candles on the right on Amazon. So extending the litigation privilege to DMCA takedown notices seems like an overreach. Defamation. ” This is clearly wrong.

Copyright 134

Copyright Cease and Desist Fair Use Litigation 134

TorrentFreak

AUGUST 23, 2022

YouTube’s motion to dismiss the amended complaint failed on a number of fronts including those related to copyright infringement claims, correct registration and ownership of copyrighted works, and allegations that YouTube removed Copyright Management Information (CMI) from content uploaded to its platform.

Copyright Infringement 140

Copyright Infringement Copyright Ownership Fair Use 140

LexBlog IP

MARCH 9, 2023

The highly anticipated jury verdict in the Hermès litigation over MetaBirkins NFTs has some important takeaways for both artists and sellers of NFTs as well as brand owners. Ownership of trademark rights is not contingent on a registration. Your internal and external communications will be used against you in litigation.

Litigation 52

Litigation Artistic Work Branding Branding 52

Patently-O

FEBRUARY 21, 2022

This cutting-up of ownership rights is supported by old Supreme Court precedent as well as the Patent Act itself. Ikorongo Texas is also a Texas LLC (corporate registration in Texas), although its principles reside in North Carolina. The inconvenience of litigation is almost a total farce here. See, Waterman v.

Litigation 89

Litigation Ownership Patent Business 89

Traverse Legal Blog

MARCH 8, 2022

In this video, we will also examine the legal strategies each project got right on trademark registration and copyright licensing. BASIC project’s listing agreement is internally inconsistent on the issue of ownership. Don’t Be Dumb Ape or Crypto Idiot. Think Before Your NFT Launch. Legal Checklist for NFT Projects.

Non-Fungible Tokens 131

Non-Fungible Tokens Artwork Licensing Branding 131

Copyright Lately

JANUARY 16, 2022

Crabtree claims that Kirkman talked him into giving up co-ownership rights in “Invincible” by asking him to sign a document in 2005 that Kirkman represented would make it easier to market the work to licensees but which wouldn’t affect any of Crabtree’s rights. The Requirements for Copyright Joint Authorship and Co-Ownership.

Ownership 68

Ownership Television Copyright Copyright Notice 68

Technology & Marketing Law Blog

MAY 15, 2024

at 1-2] At its heart, therefore, this case is a dispute about copyright ownership. But before the ownership dispute could be fully addressed, the court was asked to determine whether the claims were timely; and if so, whether damages could be recovered for conduct occurring more than three years before the lawsuit was filed.

Music 105

Music Blogging Copyright Ownership 105

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.

Ownership 59

Ownership Trademark Registration Designs 59

Kashishipr

APRIL 13, 2022

Therefore, an NFT can refer to a digital art piece or can be linked to a physical product for proving the authenticity or ownership of the said product. By doing so, business companies and firms shall have a better picture in their minds and enforce their Trademark Rights well in case the prospect of litigation arises.

Intellectual Property 116

Intellectual Property IP Non-Fungible Tokens Branding 116

Technology & Marketing Law Blog

AUGUST 18, 2022

The Copyright Office registered this work: The registration makes sense with the landscape backgrounds. 400 in damages after 4 years of litigation won’t put a smile on anyone’s face. This is a messy case with complex facts. Start with my prior blog post. The case involves stickers for automobile climate control dashboards.

Cease and Desist 122

Cease and Desist Fair Use Copyright Blogging 122

IP and Legal Filings

FEBRUARY 7, 2023

Importance of Registration of Trademarks in the Metaverse Businesses may now reach a larger audience, increase their digital footprint, and increase profits by utilising the Metaverse. The trademark registration safeguards the owner’s rights and establishes the business’s legal standing.

Trademark 98

Trademark Non-Fungible Tokens Branding Branding 98

Patent Trademark Blog

APRIL 28, 2022

Unlike patent litigation, there is no requirement that a mark first be registered before it can be enforced in trademark litigation. Second, a common law trademark owner can oppose a trademark application or cancel a registration less than 5 years old. A trademark registration gives you nationwide rights.

Trademark 52

Trademark Law Cease and Desist Registration 52

LexBlog IP

JANUARY 11, 2023

The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Registration of a mask work with the Copyright Office provides certain legal benefits, including the ability to bring a lawsuit for infringement of the mask work. Registration of a Mask Work.

Registration 40

Registration Design Designs Copying 40

Kluwer Copyright Blog

SEPTEMBER 13, 2023

Proponents argued that the CCB would offer rightsholders a low-cost, efficient alternative to litigation in federal courts (which can easily cost over $100,000 to litigate), allowing small creators to more effectively defend their rights. Deal (another known and aggressive serial copyright litigant).

Copyright 83

Copyright Litigation Copying Journalism 83

The TTABlog

SEPTEMBER 11, 2023

Frequent TTAB litigant Monster Energy Company lost another one. The Board did, however, find that applicant's ownership of a registration for a virtually identical mark for magazines weighed heavily in favor of applicant as to its word-and-design application.

Music 78

Music Designs Design Registration 78

azrights

OCTOBER 27, 2021

Therefore, legal protection needs to be an uppermost consideration when choosing or changing brand codes because legal ownership is fundamental to effective protection of uniqueness of a brand’s identifiers. This initial design registration gave the company a way to preserve the uniqueness of the shape to the Coca Cola brand.

Branding 52

Branding Brands Branding Copying 52

Technology & Marketing Law Blog

FEBRUARY 21, 2025

Invisible Narratives claims the following: Next Level fraudulently obtained copyright registrations, filed trademark applications, registered the skibiditoilet.com domain (Infringing Site), and released applications on Apple and GooglePlay with the name Skibidi Toilet included. ” with over 18B views. Zoox * Surprise!

Copyright 40

Copyright Cease and Desist Fair Use Intellectual Property 40

SpicyIP

JANUARY 2, 2022

The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 143

IP Intellectual Property Copyright Trademark 143

Technology & Marketing Law Blog

MARCH 6, 2022

Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. Klein. * 9th Circuit Sides With Fair Use in Dancing Baby Takedown Case–Lenz v. Steiner. * Vague Takedown Notice Targeting Facebook Page Results in Possible Liability–CrossFit v.

Fair Use 111

Fair Use Cease and Desist Copying Copyright Infringement 111

TorrentFreak

AUGUST 3, 2023

This would enable them to avoid expensive and brand-tarnishing litigation, irrespective of whether the underlying claims were of substance, the CDN company states. .” According to DataCamp’s counterclaims, the plan was to use the DMCA to pressure smaller companies into compliance.

Copyright Infringement 98

Copyright Infringement Settlement Copyright Copyright Law 98

LexBlog IP

FEBRUARY 15, 2023

If a secret is stolen, or the ownership or its proper apportionment are disputed, or if a third party is trying to copy software containing AI algorithms, the right holders must not shy away from taking proper enforcement measures. This will help avoid surprises from the application of unfamiliar Chinese laws and regulations.

Intellectual Property 52

Intellectual Property Due Diligence Ownership IP 52

SpicyIP

AUGUST 3, 2023

Moreover, the GI registration of Basmati has been a big issue in itself for which the Agricultural and Processed Food Products Export Development Authority (APEDA) was empowered to register it. After much coaxing, it was later found that APEDA incurred huge legal expenses on Basmati and litigations were pending worldwide (as of that post).

Registration 98

Registration IP Copyright Blogging 98

SpicyIP

MAY 23, 2022

Akshat is a lawyer currently litigating at the Patna and Delhi High Courts. Without the registration requirement, there is no need of any documentation to even claim ownership, before pointing at someone else for alleged infringement and opening them up to arrest. The post is co-authored by Akshat Agrawal and Sangita Sharma.

Copyright 137

Copyright Ownership Copyright Infringement Law 137

Traverse Legal Blog

OCTOBER 20, 2022

Trademark infringement litigation is expensive and time consuming, many times individuals are not aware they are infringing on a trademark. An NFT, or “non-fungible token” is a token added to a blockchain that links ownership to unique digital items (images, video files, audio files, artworks, etc.). Copyrighting vs Trademarking NFTs.

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

The TTABlog

JANUARY 4, 2023

the TTAB ordered cancellation of two registrations for the mark COHIBA for cigars, one in typeset and one in stylized form. The owner of the cancelled registrations is General Cigar Co., based cigar manufacturer that first obtained a COHIBA registration in 1981 and has sold COHIBA cigars in the U.S. General Cigar Co.,

Registration 61

Registration Trademark Law Trademark Branding 61

Technology & Marketing Law Blog

OCTOBER 19, 2021

As a result, the legal issues rarely are litigated any more. * * *. Underlying this litigation is an epistemological question: what does a “canonical” version of a web page look like? Thus, other cases have applied conversion law to alleged theft of domain name registrations (e.g.,

Licensing 105

Licensing Copyright Contracts Advertising 105

IP and Legal Filings

SEPTEMBER 30, 2022

NFTs are an attempt to enforce decentralization, ownership tracking, and value storage, while also making the lawful owner’s claim to the original work visible in the event of duplication. It aims to act as valid proof of ownership and grants the creator “digital bragging rights” through traceable proof of ownership.

Non-Fungible Tokens 52

Non-Fungible Tokens Ownership Contracts Copyright 52

Biswajit Sarkar Copyright Blog

MAY 30, 2022

For instance, a seller could offer to turn the token into an actual transfer of copyright ownership of the original work. At this stage, it is however, hard to say whether a transfer of rights through NFTs would comply with the legal formalities required to transfer ownership under the copyright law.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Ownership Social Media 52