IP and Legal Filings

MARCH 9, 2022

Is Copyright registration mandated in India? The registration is not treated as a prerequisite to acquiring the copyright of any literary work. Notwithstanding this mandating step, the Copyright Act provides the registration procedure, which unlike the U.S.

Ownership 94

Ownership Copyright Trademark Contracts 94

JD Supra Law

JUNE 4, 2024

Summary: Parties that own minority shares in the trademark registrant, but do not separately use or possess an ownership right in the trademark, are not entitled to seek cancellation of third-party registrations based on likelihood of confusion. By: Knobbe Martens

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Registration Ownership Trademark Patent 66

IP and Legal Filings

JUNE 12, 2024

Comparing a partnership firm to a corporate entity or an ownership firm reveals a number of benefits. CHAPTERISATION Chapter One: Effects of non-registration of Partnership Firm It is not required for businesses to register. English law mandates mandatory registration. But in this case, it wasn’t done so.

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Registration Business Contracts Law 105

IP Watchdog

MAY 6, 2023

Registering brands as federal trademarks also provides significant legal benefits, such as the presumption of ownership, validity, and nationwide priority in the mark. Brands — legally protected as trademarks — have value. We all understand that intuitively.

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Trademark Registration Branding Brands 124

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 8.

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Related Rights Registration Copyright Contracts 95

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. Id, section 1206. In particular, Section 1213.2

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Registration Designs Design Copying 130

Above the Fold

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”).

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Registration Trademark Registering Trademarks Ownership 98

IP Watchdog

FEBRUARY 23, 2022

Copyright Office (USCO) denying registration of a two-dimensional artwork generated by Creativity Machine, an artificial intelligence (AI) algorithm created by Dr. Stephen Thaler. Thaler filed an application to register the computer-generated work, “A Recent Entrance to Paradise,” on November 3, 2018.

Copyright 145

Copyright Artwork Ownership Registration 145

SpicyIP

MARCH 20, 2023

IP Financing in India – Part I: Perfection of Security and (Non) Registration of Copyright Bharat Harne Image from here The 161 st Report of Rajya Sabha Parliamentary Committee on Intellectual Property observed (paragraph 11.1) Thus, registration of copyright is completely discretionary and not compulsory.

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Registration IP Copyright Due Diligence 112

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.,

Ownership 98

Ownership Copyright Registration Public Domain 98

The TTABlog

JULY 6, 2021

Belmora ) had the TTAB tackled this issue, and here it reached the same outcome: cancellation of two registrations on the ground that Registrant Meenaxi used its registered marks THUMS UP and LIMCA to misrepresent the source of its soft drink products. Section 14(3) cases are as rare as a White Sox fan in Boston. 2021 U.S.P.Q.2d

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Registration Marketing Marketing Branding 98

Erik K Pelton

MARCH 14, 2022

It can still be overwhelming, because it is packed with probably thousands of pages of significant information about trademark protection and the trademark registration process. I want to tell you about a few of the highlights, the most useful tools on that website, and if you go over to erikpelton.tv

Trademark 264

Trademark Registration Editing Ownership 264

Plagiarism Today

JANUARY 18, 2022

It’s an unofficial copyright registration service that primarily serves European countries, where formal registration with a government copyright office is not required, but proof of ownership is often still desired. Coupled with their registration service, they can also provide assurances that NFTs are authentic as well.

Copying 339

Copying Moral Rights Copyright Registration 339

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. The answer is, quite simply, not much.

Copyright 252

Copyright Ownership Intellectual Property Technology 252

JD Supra Law

OCTOBER 6, 2023

Artificial intelligence (AI) has been a prominent topic recently, especially given the technological advances and commercial realization of generative AI systems. As AI-generated content continues to proliferate the Internet, concerns remain as to whether AI-generated works can be protected under U.S. copyright laws. By: Kaufman & Canoles

Ownership 63

Ownership Registration Copyright Law Technology 63

Intellectual Property Law Blog

MARCH 13, 2024

The Offices agreed with these assessments and did not believe that changes to intellectual property laws, or to the Offices’ registration and recordation practices, are necessary or advisable at this time. Unsophisticated consumers may conflate the purchase of an NFT associated with a digital good with ownership of IP rights in that good.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

Erik K Pelton

DECEMBER 3, 2024

Failure to claim ownership of one or more prior registrations for the same mark owned by the applicant. Consent statement if the mark includes a name or likeness—or a declaration that it does not identify a living individual. Failure to provide a proper domicile address.

Trademark 130

Trademark Ownership Registration 130

Plagiarism Today

AUGUST 2, 2022

For example, blockchain copyright registrations in the United States would be of almost no use, as such registrations already need to be recorded with the U.S. Copyright Office. But this isn’t to say that it can’t be useful. It just requires a complete rethinking of the technology and its application.

Copyright 245

Copyright Non-Fungible Tokens Technology Plagiarism 245

Erik K Pelton

NOVEMBER 15, 2024

Do a clearance search from the beginning before you begin the registration process. Understand the implications of ownership and who owns the trademark and the trademark filing with the USPTO. Know that trademark registration expenses are business expenses and therefore tax deductible. Use an attorney. File early.

Trademark 130

Trademark Registration Editing Ownership 130

Intepat

MAY 17, 2024

The United States Copyright Office has clarified the requirement for human authorship in generative AI through various decisions that rejected copyright registration for AI-generated works, each varying in human involvement. Despite this, the Office denied copyright registration for the AI-generated images.

Ownership 52

Ownership Contracts Confidentiality Copyright 52

Intepat

NOVEMBER 20, 2023

While copyright protection is inherent, it is noteworthy that the formal registration of copyrights provides additional advantages to the owner or author. In this article, we delve into the intricacies of these advantages and explore the requisite documentation necessary for the effective registration of copyrights.

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Registration Copyright Ownership Public Domain 52

JD Supra Law

SEPTEMBER 6, 2023

District Court for the District of Columbia affirmed the Copyright Office’s denial of a copyright registration for a work of art created by an artificial intelligence (AI) computer system.

Ownership 72

Ownership Copyright Art Registration 72

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.

Ownership 80

Ownership Moral Rights Copyright Branding 80

Plagiarism Today

JANUARY 3, 2023

Ownership of AI Works: Can work created by an artificial intelligence be protected by copyright? It’s ruled that AI-generated content does not qualify for copyright protection and that any use of AI in a work needs to be disclosed when filing a registration so that material can be excluded. If so, who has the rights in question?

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Plagiarism Copyright Content Creation Artwork 316

IP and Legal Filings

MARCH 30, 2024

In addition, concerns have been raised regarding the authenticity and possession of the artwork, the involvement of the artist, and the authorship and ownership of its copyright in relation to the integration of artificial intelligence into the artistic process. As a consequence, the courts have yet not examined this legal complex issue.

Ownership 52

Ownership Copyright Law Copyright Artwork 52

Erik K Pelton

MARCH 25, 2024

And a trademark application has a lot of elements that go into it: the drawing, the description of goods and services, the dates of use, the evidence of use, the ownership. She has over 180 registrations and applications at the USPTO. It takes a lot of help to make something great. She is an expert at trademarks.

Trademark 130

Trademark Branding Brands Branding 130

The IPKat

AUGUST 17, 2022

In a somewhat comparable situation, a trade mark holder has surrendered some of their registered marks, even though they were accepted by the UK Intellectual Property Office (IPO), after receiving public backlash against the registrations. What does this mean for the hundreds of other registrations that include these, or similar, words?

Social Media 137

Social Media Registration Intellectual Property Ownership 137

LexBlog IP

FEBRUARY 16, 2024

trademark registration for your trademark on goods or services for your business. Can your trademark registration be cancelled with the U.S. Can you file anything to strengthen your trademark registration against invalidation? This means that it is less burdensome to prove the invalidity of a trademark registration.

Registration 52

Registration Trademark Ownership Trademark Law 52

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

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.

Registration 121

Registration Ownership Copyright Trademark 121

Intepat

APRIL 18, 2022

Whereas, the copyright registration certificate will be valid proof against the infringer. There are several chances for competitors to access and claim ownership of the original work. Hence, copyright registration will signify the work is inaccessible to competitors. However, you can opt for trademark registration.

Copyright 98

Copyright Public Domain Registration Ownership 98

Erik K Pelton

AUGUST 10, 2020

Another important aspect of the trademark application is asserting the proper ownership of the application. But an application with incorrect ownership could be null and void or worthless, so it is important to get the ownership correct.

Trademark 130

Trademark Ownership Social Media Editing 130

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.

Copyright 126

Copyright Registration Fair Use Design 126

Patently-O

JUNE 1, 2022

That exchange included ownership rights of the LEHMAN BROTHERS trademarks. But, Barclays was not using the marks and allowed their registration to expire. Barclays opposed the whisky registration and also applied to re-register its mark. The spirit of the Lehman Brothers.

Registration 123

Registration Ownership Trademark Branding 123

Erik K Pelton

MARCH 9, 2021

Without USPTO trademark registration, a business may not be able to stop someone in a different state, or may not be able to successfully do a take down notice on a social media site, on Amazon, or another website. Might they think you’re under new ownership once again? Second, there’s the cost of time.

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Cease and Desist Trademark Social Media Branding 130

The IP Law Blog

SEPTEMBER 14, 2023

Allen originally filed for copyright registration on September 21, 2022, but did not disclose that he had used an AI system to create the work. Allen did not agree to the request and continued to request copyright registration of the entire work. Allen requested a second reconsideration on July 12, 2023, based on a number of arguments.

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Art Copyright Registration Fair Use 120

IP and Legal Filings

JUNE 16, 2021

As a lawyer, we tend to advise that the registration of your IP is of utmost importance since it affords multiple rights to the owner which assist them in their enforcement. In case federal law permits the registration of trade secrets and confidential information, it must be registered as in the case of the United States.

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IP Ownership Registration Licensing 98