IP Close Up

DECEMBER 20, 2022

He is also on a mission to keep the content he and others create out of the public domain. Mark Helprin is a successful novelist. Continue reading.

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Public Domain Trademark Copyright Fair Use 119

Greenspoon Marder LLP

JANUARY 8, 2024

Mickey Mouse has officially entered the public domain! Strube, Esq. 2024 has started off with big news in the intellectual property world.

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Trademark Public Domain Copyright Intellectual Property 104

Plagiarism Today

AUGUST 23, 2022

Second, since he was a federal employee at the time the image was taken, the work itself is in the public domain. Bungie sued AimJunkies alleging that cheat software developed by AimJunkies infringed both the copyright and their trademarks related to the game Destiny 2.

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Copyright Public Domain Copyright Notice Reporting 246

IPilogue

SEPTEMBER 9, 2022

According to The Wrap , AMC Networks and Sony Pictures, the production companies behind Better Call Saul , are being sued for trademark and trade dress infringement by Liberty Tax. The entertainment industry is no stranger to trademark infringement issues. Photo retrieved from Tubefilter.

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Trademark Public Domain Television Fair Use 105

IP and Legal Filings

NOVEMBER 11, 2021

Generic Trademarks: An Introduction. A trademark refers to a name, mark, or sign through which the products belonging to a company or a person can be distinguished from other products in the market. Primarily, trademarks perform four functions. Firstly, trademarks help distinguish one product from another in the market.

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IP Close Up

AUGUST 20, 2024

and other power brands will be entering the public domain at an alarming rate between Continue reading Iconic characters from Disney, Marvel and DC Comics (Warner Bros.)

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Public Domain Branding Brands Branding 98

JD Supra Law

OCTOBER 3, 2024

Patent and Trademark office has done what Thanos and Lex Luthor never could—defeat the larger than life combined forces of Marvel and DC. By: Womble Bond Dickinson

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Public Domain Trademark Ownership Patent 63

JD Supra Law

AUGUST 2, 2022

Generic terms—terms that are primarily understood to be the name of a product or service—cannot be trademarks. For example, one cannot register APPLE as a trademark for (you guessed it) apples. When a trademark becomes generic, the mark falls into the public domain, and anyone can use it.

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IP Close Up

JANUARY 9, 2024

The most anticipated entry to the public domain, “Steamboat Willie,” an animated short featuring and early incarnation of Mickey Mouse, became available royalty-free to all Continue reading

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Plagiarism Today

APRIL 27, 2022

The fake lawyer identifies herself as a trademark attorney, but is handling a copyright issue. It refers to the Wayback Machine as a “permanent public archive” though it is far from that. Either seeking out public domain licensed images or stock photos from libraries he has legal access to. How to Avoid the Scam.

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Copyright Infringement Public Domain Copyright Copyright Notice 290

The IPKat

JULY 22, 2021

Katfriend Dr Sabine Jacques , Associate Professor in IP, IT & Media law at the University of East Anglia and author of The Parody Exception in Copyright Law (OUP 2019), provides the follow review of The Copyright/Trademark Interface: How the Expansion of Trademark Protection is Stifling Cultural Creativity – by Martin Senftleben.

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Trademark Public Domain Copyright Cease and Desist 58

IPilogue

JULY 20, 2022

On June 8, 2022, Apple took a hit to its trademark portfolio when it lost another trademark battle with Swatch, the famous Swiss watchmaker, before the General Court of the European Union. Through its judgment , the General Court upheld lower court decisions revoking Apple’s rights in its THINK DIFFERENT trademarks. Background.

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Trademark Intellectual Property Public Domain IP 81

Intepat

DECEMBER 18, 2024

Fair Use and Public Domain in Podcasting Fair use is a nuanced legal principle that allows limited use of copyrighted material for purposes such as commentary, criticism, or education, with courts evaluating factors like purpose, nature, amount, and market impact. Acuff-Rose Music, Inc.

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Licensing Copyright Public Domain Music 52

JD Supra Law

NOVEMBER 1, 2023

Furniture manufacturer admits intentionally copying designs, asks Supreme Court, What does copying really say about trademark status of design? While offering a new design for sale without obtaining a patent often means the design is now in the public domain, copyright and trademark laws could mean otherwise.

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Copying Designs Design Public Domain 63

SpicyIP

MARCH 27, 2023

vs ARG Outlier Media Pvt Ltd , a case concerning trademark infringement the Delhi High Court allowed the application for placing additional documents on records. It will be interesting to see how these clarifications can act as cushions for the legal reasoning of future trademark/design cases.

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Public Domain Trademark Reporting Designs 105

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 bottom left is in the public domain. The Office registered the mark based on acquired distinctiveness. Nestlé appealed to the Federal Supreme Court.

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Public Domain Marketing Marketing Licensing 145

Plagiarism Today

SEPTEMBER 8, 2022

Creative Commons 0 (CC0) : This is essentially the Creative Commons Zero license , which is seen as largely a public domain dedication. For example, if an NFT contains trademarked media, that trademark would not be covered. Likewise, if people are featured in the media, there may or may not be publicity rights.

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Licensing Moral Rights All Rights Reserved Copyright 264

IP Law 360

FEBRUARY 21, 2023

A musical production of the 1908 children's classic "Anne of Green Gables" on Tuesday urged a New York federal court to shut down another production's trademark claims, saying that, since the book is in the public domain, it would be equivalent to claiming ownership of Shakespeare's works.

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Music Public Domain Ownership Trademark 75

IP and Legal Filings

MARCH 5, 2025

The proliferation of deepfake technology has posed significant challenges to the protection of individual identity and reputation and the recent incidents of INDIA TV and Medanta hospitals trademark infringement and deepfaked potrayals have once again re-surfaced this issue.

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Personality Rights Privacy Journalism Copyright 84

JD Supra Law

NOVEMBER 30, 2023

The U.S. (..)

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Public Domain Intellectual Property Patent IP 73

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?

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Art Public Domain Copyright Publishing 59

TorrentFreak

NOVEMBER 30, 2023

In an August 2023 joint submission to the United States Patent and Trademark Office (USPTO), Hollywood, the recording industry, TV companies, the gaming industry and publishers left little doubt that patience had run out. Anyone can make a request, via the system, for certain non-public domain registration data.

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Registration Public Domain Privacy Intellectual Property 121

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!

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Public Domain Trademark Copyright Infringement Licensing 98

Trademark and Copyright Law Blog

FEBRUARY 1, 2021

While Brexit created many questions and dilemmas that took years to sort out, for trademark attorneys the primary question was always: “What will become of UK protection for EU trademark registrations?” In 2019, that extension ran out, and 95-year-old works from the 1920s began to enter the public domain every January.

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Public Domain Trademark Copyright Registration 52

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.

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Intellectual Property Confidentiality Public Domain Business 119

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.

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Dear Rich IP Blog

SEPTEMBER 16, 2020

Dear Rich: A company in Florida filed a trademark on "Louise Brooks" and has used that to remove all Louise Brooks items off of Etsy in order for its company to sell its own Louise Brooks products. The story behind the trademark. A company from Coral Gables, Florida applied for the Louise Brooks trademark in 2018.

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Intepat

APRIL 18, 2022

However, you can opt for trademark registration. Hence, creators should be well aware to document their work before going into the public domain. Besides, the owner could also enjoy a good reputation by securely publishing his work in the public domain. It also helps him to take action against the infringer easily.

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Copyright Public Domain Registration Ownership 98

IP and Legal Filings

JANUARY 9, 2025

Introduction Trademarks are valuable assets for businesses; they reflect the identity, reputation and goodwill that a company builds with its target consumer. However, filing for a trademark is one thing; maintaining its continued existence is equally essential. What is meant by trademark abandonment, then? In the U.S.,

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Trademark Cease and Desist Branding Brands 52

JD Supra Law

OCTOBER 18, 2023

d/b/a Prep Sport - When an organization publicly disavows a trademark, does it turn over the mark to the public domain? The Board of Trustees of the University of Illinois v. Vintage Brand LLC and Sportswear Inc. s (collectively, “Defendants”) motion for summary judgement that the mark was abandoned.

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Public Domain Branding Brands Branding 66

The TTABlog

MARCH 2, 2022

United Trademark Holdings, Inc. Barrie's Peter Pan , first staged in 1904, and so the parties were in agreement that under copyright law, both the name and the character are in the public domain. Disney Enterprises, Inc. 2022 USPQ2d XXX (Fed. 2022) [not precedential]. Tinker Bell" appeared as a character in J.M.

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Public Domain Designs Design Registration 72

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.

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IP Branding Brands Branding 133

The IPKat

FEBRUARY 28, 2022

The EUTM’s on which Aura Soma relied at the start of the proceedings and which are still relied on, have, during the proceedings, been divided into EUTM’s (without validity for the United Kingdom) and the corresponding UK trademarks. The top picture is in the public domain.

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Public Domain Trademark Law 124

LexBlog IP

JULY 29, 2021

Disney of course had its own original ideas and films, but looking through a list of movies the studio released , it’s hard to argue that they didn’t benefit from preexisting ideas that were in the public domain. That is where things get somewhat more complicated.

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Trademark Public Domain Intellectual Property IP 52

IP and Legal Filings

NOVEMBER 27, 2022

Trademark refers to the cumulation of distinctive sign/symbol, design, or combination which is exclusively associated with the products or services helping the targeted customers identify the same easily. Distinctiveness – under the Trademark Act, the term ‘mark’ includes ‘combination of colours’ making it intrinsically obscure.

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Trademark Branding Brands Branding 52

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. And in a world brimming with trademarks, what is the ultimate purpose of the public domain?

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Reporting Copyright Public Domain Law 63

The TTABlog

DECEMBER 13, 2022

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.

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