IPilogue

OCTOBER 7, 2021

The court ultimately decided against the band because “Aboriginal rights are outside the scope of trademark law.”. Cases like this raise questions about the scope of intellectual property (IP) law in Canada. Trademark law in particular has the benefit of granting collective rights and can also provide perpetual protection.

IP 105

IP Intellectual Property Trademark Law Ownership 105

Technology & Marketing Law Blog

JANUARY 24, 2024

However, the appellate court seems to invalidate that six-factor test: “Determining he ownership of social-media accounts is indeed a relatively novel exercise, but that novelty does not warrant a new six-factor test.” The next step is to determine whether ownership ever transferred to another party.

Social Media 105

Social Media Ownership Designs Design 105

Kashishipr

AUGUST 4, 2021

The presence of cryptocurrency is constantly growing, and therefore, it needs the law to transform along with it to address its administration and execution. Several courts have had trouble in applying substantive Trademark Law to this field of technology. Can Cryptocurrencies be Protected under the Trademark Law?

Trademark 105

Trademark Trademark Law Intellectual Property Ownership 105

Intellectual Property Law Blog

MARCH 13, 2024

Unsophisticated consumers may conflate the purchase of an NFT associated with a digital good with ownership of IP rights in that good. Trademark applicants, registrants, and practitioners need guidance regarding obtaining and enforcing trademark registrations in the context of NFTs.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

SpicyIP

SEPTEMBER 16, 2024

Interestingly, T-Series enjoys joint ownership of the franchise “Aashiqui” with Vishesh Films. The Single Judge Bench (SB) consisting of Justice Sanjeev Narula made some intriguing observations regarding the trademarkability of the mark “Aashiqui” as a movie franchise and restraining its use by other entities. A Lot is a Name!

Registration 105

Registration Television Trademark Trademark Law 105

SpicyIP

MARCH 24, 2025

Further, mere ownership and control is not a sufficient ground to pierce the corporate veil, it should be shown that control and impropriety by the defendant resulted in deprivation of legal rights, as noted by the Supreme Court in Balwant Rai Saluja v. E-Infringement Merely Academic Distinction?

Social Media 76

Social Media Trademark Law Brands 76

The IPKat

NOVEMBER 4, 2021

The individual rights-based regime neglects the collective identity and duties arising from ownership. Li proposes redefining the nature of IP ownership through the lens of collective duties with a view to optimising the use of IP rights. And now she has our full attention.

Intellectual Property 141

Intellectual Property IP Ownership Law 141

Technology & Marketing Law Blog

MARCH 8, 2024

[These are my rough-draft talk notes from a recent workshop of trademark law professors.] The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money.

Trademark Law 111

Trademark Law Trademark IP Blogging 111

Selvam & Selvam Blog

APRIL 1, 2025

Bose, represented by its authorized signatory in India, laid out a comprehensive case: Trademark Ownership: Bose is the registered proprietor of the trademark “BOSE” in India across several classes, including electronics, and has common law rights stemming from decades of use.

Brands 40

Brands Branding Branding Registration 40

Intepat

MARCH 13, 2025

In India, the Taj Mahal Palace Hotel in Mumbai was the first building in India to be trademarked by its owners, setting a landmark precedent for architectural protection under the trademark law. Trademarking of a building s design is a significant step in branding and marketing.

IP 52

IP Designs Design Artistic Work 52

Patently-O

MAY 28, 2024

Although economists theorize trademark law as a consumer protection regime, the law generally provides remedies only to marketplace competitors—with the idea that the drive of capitalism and corporate ego will ensure that businesses self-regulate in the interest of protecting their brands and reputations.

Trademark 85

Trademark Ownership Registration Brands 85

Kashishipr

MARCH 2, 2022

A trademark registration certificate that you receive after getting your proposed trademark approved from a country’s Trademark Office is just the first step in the journey of your trademark ownership. However, one’s own house deserves equal consideration in this case.

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

JD Supra Law

MAY 4, 2022

trademark law is that the first to use a trademark in U.S. This applies in both common law and as to rights obtained by registration. Priority and ownership of the mark are required elements of a trademark infringement claim. The general rule under U.S.

Ownership 52

Ownership Trademark Law Registration Trademark 52

IP and Legal Filings

OCTOBER 28, 2022

NFT creation, investment, sale, and ownership interest exists in Indonesia and elsewhere in the world. Article 143 of the Patent Law provides patent holders recourse to file claims in the Commercial Court if the rights under their patent are infringed by another party. Trademark: NFTs may also be protected as a trademark.

Non-Fungible Tokens 98

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

IPilogue

DECEMBER 17, 2021

However, British artist Stuart Semple considers Tiffany Blue as being held captive through trademark law. Semple has been “liberating colours since 2016” , with previous paints replicating trademarked colours including International Klein Blue , T-Mobile Magenta , and Blackest Black.

Trademark 111

Trademark Social Media Art Ownership 111

IP and Legal Filings

SEPTEMBER 10, 2024

A trademark is a symbol that can consist of a device, label, name, signature, combination of colors and much more. A company/any person who can secure ownership over products and services, benefits not only the domestic income but also increases the recognition in the international market.

Trademark 96

Trademark Cease and Desist Brands Branding 96

The IP Law Blog

FEBRUARY 17, 2022

According to Nike, consumers have called the Nike-themed NFTs a scam and called the purchase agreements into question because of certain provisions that purport to allow StockX to revoke ownership of the NFT or physical asset, which seems a bit shady to say the least.

Ownership 98

Ownership Intellectual Property Trademark Brands 98

IP and Legal Filings

FEBRUARY 20, 2023

However, the same process does not include any examination or verification to determine whether the domain name is distinctive or capable of distinguishing itself from the competition, i.e., existing domain names that are clearly in violation of trademark law. Bucci, 1997 WL 133313 (S.D.N.Y.1997). 1, 211-250, (2011). 1, 8-72, (2008).

Trademark 98

Trademark Registering Trademarks Registration Trademark Law 98

More Than Your Mark

AUGUST 20, 2021

However, if your 3-D printed work relies on the files created by another, or is the result of scanning the sculpture of another, you may have to make proper attribution of ownership to the file owner. Contact Norris McLaughlin About Intellectual Property Disputes Over 3-D Designs.

Intellectual Property 98

Intellectual Property Designs Design Invention 98

SpicyIP

MAY 18, 2022

From a trademark law perspective, however, the decision as to whether or not such a separate classification is necessary will depend on consumer experience with these goods and whether consumers perceive these ‘virtual goods’ as definable and having inherent value.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

IP and Legal Filings

JANUARY 31, 2023

The main assets of any fashion firm that are virtual designs, may need to be protected as trade dress under trademark law. For undisputed ownership of virtual designs, Intellectual Property (IP) laws must be thoroughly handled with. However, in order to file a lawsuit of infringement, copyright registration is required.

Law 105

Law Brands Branding Branding 105

SpicyIP

MARCH 20, 2023

These records provide banks with a clear history of ownership of that land and thus assure them of the valid title of the borrower. Note that even the patent and trademark law requires mandatory registration on the transfer/assignment of intellectual property (Section 45 Trademark Act 1999; Section 68 Patents Act 1970).

Registration 112

Registration IP Copyright Due Diligence 112

Intepat

APRIL 23, 2025

The Indispensable Role of Trademarks for Musicians Establishing Exclusive Brand Ownership: Trademark registration confers upon the owner the exclusive legal right to utilize the mark in connection with their musical performances, recordings, and related goods and services.

Music 52

Music Brands Branding Branding 52

IP and Legal Filings

SEPTEMBER 8, 2021

However, the UK and Spain Patents and Trademark office granted trademark protection to the ‘Bitcoin’ mark and its logo (Registration number: M4046141). The trademark laws used to regulate cryptocurrency-related marks are in their nascent stage. However, this can be prevented with stringent IP laws in place.

Intellectual Property 94

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 94

Technology & Marketing Law Blog

MARCH 10, 2022

In a footnote, the court acknowledges the law is “evolving” with respect to employer ownership of social media accounts: The law on the ownership of a social media pages created by employees for employers is evolving rapidly and varies between jurisdictions. Social Media and Trademark Law” Talk Notes.

Social Media 98

Social Media Contracts Ownership Business 98

The IPKat

MAY 17, 2023

The Court held that in the absence of directly comparable source code in a software copyright infringement and misuse case, records of conversations, meetings, timelines, and e-mails can be used to show ownership of copyright, highlighting the importance of keeping a record of this information.

Designs 68

Designs Design Copyright Infringement Copyright 68

SpicyIP

FEBRUARY 9, 2025

Abhinandan, on the other hand, transferred his ownership to the real estate group in return for Rs. In Trademark law, it is important to determine if the mark is being used to offer goods and services similar to the ones for which it is registered. 500 crores (disputed figure).

Brands 59

Brands Branding Branding Business 59

SpicyIP

JULY 28, 2023

But what seems like a probable ramification of the rebranding move is the trademark dispute that the organization is going to face due to this. The move is seen as one of the series of significant changes that have been brought about in Twitter after Elon Musk taking ownership of the organization and tried to make it a diverse platform.

Trademark 96

Trademark Marketing Marketing Brands 96

IP and Legal Filings

MAY 17, 2024

The concept of passing off under trademarks law was used to provide relief to the plaintiff. The concept of passing-off under Trademark law can be applied if the person concerned is a well-known figure. It is a common tort law aspect and can be used for unregistered trademarks. In Amitabh Bhachchan v.

Personality Rights 97

Personality Rights Intellectual Property Social Media Intellectual Property Law 97

Garrigues Blog

JANUARY 25, 2023

If no oppositions are filed, the SPTO will check whether the trademark comes under any of the absolute grounds for refusal established in Trademarks Law 17/2001 (Trademarks Law). La entrada What are the steps to register a trademark in Spain? However, it can take longer.

Trademark 52

Trademark Registration Trademark Law Ownership 52

Intepat

DECEMBER 6, 2022

The year 2022 has been an extremely important year for the development of trademark jurisprudence in India. There have been various landmark judgements which have not only highlighted cardinal principles of trademark law but have also given a nuanced understanding of how Courts interpret statutory trademark provisions.

Trademark 98

Trademark Trademark Law Registering Trademarks Law 98

JIPL Online

FEBRUARY 26, 2021

com” at after a generic word, “Booking,” still makes “Booking.com” generic within traditional trademark law [xiv] and (2) the fact consumer identify “Booking.com” doesn’t change the fact that it is still generic and thus ineligible for trademark registration. [xv] The second problem Justice Breyer has is that adding “.com”

Trademark 98

Trademark Registration Trademark Law Advertising 98

SpicyIP

MARCH 10, 2023

Through an examination of ChatGPT’s ‘Terms of Use’, our former blogger Varsha Jhavar attempts to investigate the copyright implications of the chatbot inter alia touching upon the issue of ownership and assignment of the output generated. Her previous posts on the blog can be viewed here , here , here and here.

Copyright 105

Copyright Copyright Law Ownership Copyright Infringement 105

Copyright Lately

AUGUST 2, 2022

And unlike the vast majority of songwriters and performing artists who have relinquished ownership rights to musical publishers and record labels, Barlow & Bear decided to release “The Unofficial Bridgerton Musical” themselves, which means keeping more of the earnings. ” Ok, But What If I Wrapped This Up Already?

Music 117

Music Derivative Work Fair Use Cease and Desist 117

Traverse Legal Blog

OCTOBER 20, 2022

Whether you are looking to make your own non fungible token to sell or you’re looking to buy an NFT as an investment, you need to be aware of copyright and trademark laws that might apply to your NFT. Non- fungible tokens have been designed to give a person ownership of something, kind of like modern day digital collectibles.

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

Olartemoure Blog

JULY 17, 2024

COMMISSIONED TATTOOS AND OWNERSHIP When commissioning a tattoo, clients pay for the service, not the copyright. TRADEMARKS AND TATTOOS Tattoos can also intersect with trademark law. For example, if a tattoo features a recognizable brand logo or slogan, it could infringe on the trademark holder’s rights.

Intellectual Property 52

Intellectual Property Moral Rights Art Brands 52

LexBlog IP

FEBRUARY 16, 2022

Using NFTs has, in part, allowed digital artists to associate ownership in an original version of their art through the NFT that can be monetized much like the physical paintings or sculptures of artists creating in physical media. Artists and creators can monetize ownership of their digital creations.

Art 52

Art Non-Fungible Tokens Intellectual Property Ownership 52