Intellectual Property Law Blog

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. when the mask work is involved in litigation.

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Registration Design Designs Copying 130

IP and Legal Filings

JUNE 12, 2024

CHAPTERISATION Chapter One: Effects of non-registration of Partnership Firm It is not required for businesses to register. English law mandates mandatory registration. However, registration is eventually required since Section 69 severely restricts the ability of an unregistered business and its members to bring a lawsuit.

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Registration Business Contracts Law 105

Intellectual Property Law Blog

APRIL 12, 2023

A summary of this guidance is here. To facilitate a better understanding of the relevant issues and some of the Copyright Office’s history with AI, I have prepared the Copyright Office Artificial Intelligence Initiative Resource Guide.

Copyright 240

Copyright Registration Music Copyright Law 240

Above the Fold

MARCH 31, 2022

Prevents the registration of confusingly similar marks with the USPTO. The Principal Register is also typically more desirable for trademark owners considering the additional time and cost associated with litigating a trademark infringement claim with a Supplemental Register registration. What about descriptive trademarks?

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Registration Trademark Registering Trademarks Ownership 98

SpicyIP

MARCH 27, 2023

The first point is the court’s remark that registration of the design stands as a factor in the registrant’s favour as prima facie evidence of the validity of the design. Apparently, the plaintiff attempted to register it but the registration did not happen.

Design 119

Design Designs Registration Art 119

IP Watchdog

JANUARY 10, 2022

The litigation that followed has been lengthy and stretched from North Carolina to the U.K. While WPL largely prevailed in its home court, the litigation in North Carolina resulted in a verdict that WPL engaged in fraud and unfair and deceptive trade practices.

Copyright 124

Copyright Registration Copyright Infringement Litigation 124

The TTABlog

JUNE 10, 2024

In an attempt to side-step a Section 2(d) refusal of the mark shown below, for "gin," Petitioner Iron Balls International petitioned to restrict Respondent Bull Creek's registration for the mark IRON BALLS for "beer" to "“micro-brewed craft beer." The doctrine of issue preclusion does not bar litigation of these issues. RStudio, Inc.

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Registration Litigation Branding Branding 99

IP Watchdog

FEBRUARY 24, 2022

Copyright Act “does not distinguish between a mistake of law and a mistake of fact; lack of either factual or legal knowledge can excuse an inaccuracy in a copyright registration under §411(b)(1)(A)’s safe harbor.” The decision comes after Unicolors, Inc.

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Registration Copyright Law Litigation 111

Plagiarism Today

NOVEMBER 11, 2021

H&M case, which asks questions about whether a mistake in filing a copyright registration should cause a copyright infringement case to be dismissed. The jury at the district court sided with Unicolors, but the Ninth Circuit overturned that decision, noting a technical error in the copyright registration Unicolors filed.

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Copyright Plagiarism Registration Licensing 246

SpicyIP

OCTOBER 1, 2024

We are pleased to bring to you this sponsored post by IP Press on the extension of the registration deadlines for their Comprehensive Course on Patents, in collaboration with S. The deadline for registration has now been extended to October 4. Majumdar & Co. Majumdar & Co.,

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Registration Intellectual Property IP Patent Drafting 103

Plagiarism Today

SEPTEMBER 29, 2022

When a regular copyright infringement case can take years to resolve and run in the tens of thousands of dollars to litigate, even if it is resolved quickly, the CCB provides a faster and cheaper alternative, with the trade-off of reduced damages. However, this doesn’t necessarily mean pursuing a case through the CCB is cheap.

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Copyright Copyright Infringement Registration Plagiarism 264

Plagiarism Today

MARCH 16, 2022

In addition to the court costs and legal fees, Berkovitz says that he received an expedited registration from the U.S. Such a registration costs $800 on top of the normal registration fees. In that regard, this type of litigation is more akin to the RIAA file sharer lawsuits that began in 2003. Copyright Office.

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Copyright Infringement Copyright Registration Plagiarism 312

The IPKat

MAY 3, 2023

Rebekah Vardy, wife of football player Jamie Vardy , has managed to secure registration of WAGATHA CHRISTIE for a wide range of goods and services. Given this, there’s something a little disconcerting about the (perfectly legal) registration of the WAGATHA CHRISTIE mark. Why is this noteworthy? The libel trial ensued.

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Registration Trademark Licensing Litigation 92

IP Tech Blog

AUGUST 18, 2023

An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US. On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective.

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Litigation Patent Intellectual Property Branding 98

Erik K Pelton

JANUARY 6, 2022

Intern duties will include: Assisting associates with all aspects of trademark clearance, registration, and counsel; Drafting responses Office Actions at the U.S. Patent and Trademark Office; Assisting with discovery and motions in litigation matters; and. Immersion in the activities and work of a boutique law firm.

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Intellectual Property Intellectual Property Law Trademark Registration 231

IP Tech Blog

JUNE 13, 2023

Reasoning that the form of a copyright registration does not really matter, the Ninth Circuit recently affirmed a district court’s ruling that real estate photography provider VHT was entitled to statutory damages for 2,700 photos infringed by Zillow even though VHT had registered all of the works at issue as part of a single database.

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Registration Copyright Publishing Marketing 104

JD Supra Law

AUGUST 20, 2024

Environmental Protection Agency (EPA) has issued an emergency order to suspend all registrations of the pesticide dimethyl tetrachloroterephthalate (also known as DCPA or Dacthal) under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). By: Shook, Hardy & Bacon L.L.P.

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Litigation Registration 103

IP Watchdog

NOVEMBER 8, 2021

411 relating to whether courts must have evidence of intent to defraud before referring copyright registration validity questions to the Copyright Office. The case asks the Court to decide whether the Ninth Circuit properly construed the language of 17 U.S.C. §

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Registration Copyright Government Litigation 105

Technology & Marketing Law Blog

MARCH 7, 2022

Supreme Court held 6-3 that the Ninth Circuit erred in invalidating a copyright registration for failure to comply with the Copyright Office’s “single unit of publication” regulation, where the copyright owner had knowledge of the facts but arguably misunderstood the legal standard. Legal Background: Registration. Unicolors, Inc.

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Registration Blogging Copyright Design 98

JD Supra Law

MAY 3, 2024

The threshold issue of human authorship as a prerequisite for obtaining copyright registration at the US Copyright Office is currently being litigated in federal court in the District of Columbia.

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Registration Copyright Litigation 68

Erik K Pelton

DECEMBER 9, 2022

Goalie – The ultimate protector and backstop: Trademark Registration. Offense – goal scoring and attacking: litigating as needed to protect the brand. Defense – Common law rights acquired by use of the mark. The post The Trademark Protection Playing Field appeared first on Erik M Pelton & Associates, PLLC.

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Cease and Desist Trademark Registration Branding 147

The IPKat

SEPTEMBER 24, 2024

The P harma & Biotech Patent Litigation Summit will take place in Amsterdam on 21 and 22 January 2025, with the UPC Litigation Forum taking place on 20 January. According to the organizers, this is Europe’s premier event for patent litigation professionals. The full event agenda is available here.

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Litigation Patent IP Registration 62

The IPKat

NOVEMBER 21, 2023

New acquisition: Merpel and Girl with a Pearl Earring As The IPKat reported a while ago, on 22-24 January 2024, the Pharma and Biotech Patent Litigation Summit will return to Amsterdam (Netherlands). A UPC Litigation Forum will take place on 22 January too. Speakers include judges from the UK, EPO, USA and the UPC.

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Litigation Patent Editing IP 67

Erik K Pelton

AUGUST 14, 2023

The videos cover all trademark topics, from application to registration, searching to renewal, infringement to litigation. We just reached a milestone last week : 500 videos in our YouTube channel over at www.erikpelton.tv ! Take a look and subscribe on YouTube, and leave us a comment on your favorite one!

Trademark 130

Trademark Registration Litigation 130

Patent Trademark Blog

MARCH 28, 2023

Trademark reexamination: A new way of attacking registrations Back in the old days, you had to file a TTAB cancellation in order to cancel a trademark registration for lack of use. A cancellation proceeding is like a mini-lawsuit where the challenger and the registration owner engage in an adversarial case much like litigation.

Trademark 98

Trademark Registration Litigation Blogging 98

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

Erik K Pelton

NOVEMBER 12, 2023

Intern responsibilities will include: Assisting associates with all aspects of trademark clearance, registration, and guidance Drafting responses Office Actions at the U.S.

Law 162

Law Intellectual Property Intellectual Property Law Trademark 162

Intellectual Property Law Blog

NOVEMBER 13, 2023

The lower court’s injunction enjoins Apple from prohibiting developers from (a) letting their customers know about an alternative (and cheaper) payment method to Apple’s In-App Purchasing, and (b) communicating with their customer via account registration within the app.

Contracts 278

Contracts Law Blogging Registration 278

Erik K Pelton

FEBRUARY 11, 2025

Intern responsibilities will include: Assisting associates with all aspects of trademark clearance, registration, and guidance Drafting Office Action responses at the U.S. Applicants who will have completed two full years of law school by the start of the internship are preferred.

Intellectual Property 189

Intellectual Property Intellectual Property Law Trademark Registration 189

IP Watchdog

SEPTEMBER 26, 2024

District Court for the District of Colorado asking the court to find that his work is eligible for copyright registration. Copyright Office published a final decision denying registration of Allen’s work in September 2023. Copyright Office last year, has filed a request for declaratory judgment with the U.S.

Copyright 145

Copyright Artwork Registration Publishing 145

The IPKat

OCTOBER 9, 2023

Amsterdam Kat The IPKat has learned that on, 22-24 January 2023, the Pharma and Biotech Patent Litigation Summit will return to the Anantara Grand Hotel Krasnapolsky in Amsterdam (Netherlands). A UPC Litigation Forum will take place on 22 January too. By using IPKAT at checkout, a 10% discount in the registration fee will be applied.

Litigation 62

Litigation Patent Editing IP 62

Technology & Marketing Law Blog

JULY 26, 2021

However, sometimes the likely damages award from a successful federal copyright lawsuit will be less than the attorneys’ fees and other costs to litigate it. To get around this, the CCB proceedings are nominally “voluntary” to the litigants. In contrast, a copyright owner can initiate a CCB proceeding before obtaining a registration.

Copyright 142

Copyright Law Registration Copyright Infringement 142

SpicyIP

APRIL 15, 2022

PPL regarding the conflict over registration as collecting societies. Akshat is a lawyer, interested in IP policy, currently litigating at the Patna and the Delhi High Courts. Importantly, the court has clarified that the registration of RMPL would not prejudice the decision on the registration of PPL. Brief Background.

Registration 105

Registration Licensing Copyright Litigation 105

Erik K Pelton

MAY 28, 2024

trademark prosecution, maintenance, and litigation. trademark registrations and have been involved in dozens of disputes before the Trademark Trial and Appeal Board (“TTAB”). trademark registrations. trademark registrations. 20,897 (March 24, 2024) (“Rulemaking”). EMP&A’s clients have received over 4,000 U.S.

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Registration Business Trademark Reporting 147

Technology & Marketing Law Blog

JANUARY 9, 2022

Individual emoji symbols can obtain copyright registrations… sometimes. When the symbols “include something in addition to common tropes and shapes,” and even then, the registrations should only preclude verbatim copying. When exactly? I wrote an expert opinion characterizing Emoji Co. Emojis in the US Supreme Court.

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Law Registration Settlement Litigation 145

JD Supra Law

NOVEMBER 18, 2024

The UK Supreme Court has handed down its judgment in the closely followed and long-running litigation between Sky, the well-known television and broadband company, and SkyKick, a lesser-known cloud computing business. By: Morrison & Foerster LLP

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Television Registration Branding Branding 78

JD Supra Law

SEPTEMBER 28, 2023

The number of existing valid registered trademarks in China is large, and the annual number of trademark applications is also large, which makes it difficult for enterprises to successfully register trademarks.

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Registering Trademarks Trademark Registration Intellectual Property 68