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 application seemed doomed in February 2019, when the USPTO trademark examiner issued a final office action (FOA) denying registration.

Public Domain 52

Public Domain Graphic Design Art Trademark 52

LexBlog IP

FEBRUARY 29, 2024

Freed from the shackles of copyright, Walt Disney’s iconic rodent was now in the public domain and, therefore, available for everyone to copy. It is no surprise that the legalities of the public domain are more complicated than the headlines suggest. Trademark law has something to say about use.

Public Domain 52

Public Domain Intellectual Property Copyright Trademark 52

IP and Legal Filings

MARCH 30, 2023

Introduction In the conventional sense, trademark law requires the mark to essentially be a word or a logo. However, there have been significant advancements in the interpretations of trademark law over the years, with one such advancement being protection of fictional characters under trademark law.

Trademark 98

Trademark Trademark Law Television Law 98

The IPKat

SEPTEMBER 15, 2022

Seen in this light, commercial courts in Russia have resisted turning copyright and trademark law into a political counter-measure against “unfriendly” states. The statue in the picture in the lower middle is the work of József Somogy and the picture is by Burrows, who has put it into the public domain.

IP 133

IP Branding Branding Brands 133

Patently-O

AUGUST 10, 2021

Since the low dosage approach is in the public domain, no private company has sufficient incentive to seek and obtain FDA approval. But that suggestion has fallen on deaf ears — presumably because the lack of patent coverage eliminates the incentive to pay the $$$$ required to obtain FDA approval.

Patent 101

Patent Public Domain Marketing Marketing 101

Patently-O

APRIL 20, 2024

I think of the design patent test as quite close to likelihood of confusion in trademark law, but design and trademark pedants yell whenever I make this comparison. Clearly, the relevance of the public domain images transcends the particular objects. In contrast, Smith v. Starr Brothers Bell Co. , 362 (C.C.D.

Design Patent 69

Design Patent Art Designs Design 69

The IPKat

FEBRUARY 12, 2024

The authors emphasize that AI cannot hold moral rights and that in the absence of an author, the work should be in the public domain. By addressing the concepts of authorship and moral rights, as well as subject matter requirements, they evaluate AI and creative works to tackle the question of originality of AI-generated works.

Moral Rights 75

Moral Rights IP Intellectual Property Public Domain 75

The IPKat

DECEMBER 23, 2023

The other two chapters turn to the conceptualisation of nature in patent law. The chapter explores how American nurserymen and seed houses turned to branding strategy and federal trademark law to restrain the circulation of stolen plants and prevent "humbuggers" from taking advantage of their reputations.

Intellectual Property 75

Intellectual Property Designs Design Intellectual Property Law 75

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

Intepat

OCTOBER 6, 2024

A patent can be granted when the invention meets certain criteria: Novelty: it must be new and not available in the public domain. and in a way that it must be new and not available in the public domain. Industrial Applicability : there has to be a practical application to the invention.

Patent 52

Patent Invention Public Domain Intellectual Property 52

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

This Act does not explicitly specify the inclusion or exclusion of personal names or surnames for trademark protection. The guiding norm in trademark law stipulates that a name or surname lacks eligibility for protection unless it carries distinctive characteristics.

Intellectual Property 98

Intellectual Property Registration Trademark Personality Rights 98

Copyright Lately

AUGUST 2, 2022

Unlike trademark law, copyright is not a “use it or lose it” proposition. For now, suffice it to say that Barlow & Bear haven’t exactly dedicated their musical to the public domain. Even better, it’s in the public domain. ” Ok, But What If I Wrapped This Up Already?

Music 109

Music Derivative Work Fair Use Cease and Desist 109

LexBlog IP

APRIL 15, 2022

Disney should also be strategically liberal in its lawsuits—both under trademark law and under derivative works. While copyright protection expires, trademark protection does not. ” Disney has trademark protection for Mickey Mouse. ” Disney has trademark protection for Mickey Mouse.

Derivative Work 52

Derivative Work Trademark Law Branding Branding 52

LexBlog IP

AUGUST 22, 2022

Vintage admits using the Penn State logos but contends that the logos are in the public domain and not subject to trademark protection. This debate has long been an issue in trademark law, and decades-old caselaw left the issue undecided.

Licensing 52

Licensing Trademark Public Domain Registration 52

The IP Law Blog

JANUARY 12, 2023

Such inventions may be protectable under federal patent laws. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

43(B)log

FEBRUARY 19, 2022

NAACP—these courts very clearly say that trademark law applies to commercial speech, defined as it is in First Amendment case law, and not to noncommercial speech. Some of the work is also done by the idea that trademark control extends only to the name/logo of a congregation and not to other elements of worship.

Trademark Law 72

Trademark Law Trademark Art Branding 72

IP and Legal Filings

OCTOBER 4, 2022

A GCC Trademark Law was issued in 2006. Further revisions to the Law and its executive regulations have been issued and approved in 2015. This law will replace the current Trademark Law of 1992 subsequent to its publication in the Official Gazette by the UAE government.

Intellectual Property 52

Intellectual Property Law Business Designs 52

IIPRD

JULY 4, 2021

Trademark Law. The basic requirement is that a mark shall be distinguishable, non-descriptive, and even not identical or similar to any existing trademark for any mark to be recognized by the Trademark Law.

Intellectual Property 40

Intellectual Property Copyright Law Trademark Trademark Law 40

SpicyIP

JANUARY 2, 2022

The Court noted that redacting one’s name from a judgment acquitting them is counterproductive when there are other tarnishing publications in the public domain and that access to court judgments are integral to “open justice”, subject only to some exceptions. Top 10 Judgments/Orders [Jurisprudence/Legal Lucidity].

IP 143

IP Intellectual Property Copyright Trademark 143

43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. The court, in a careful opinion, rejected all the claims. The similarities in setting, theme, etc.

Fair Use 52

Fair Use Trademark Copyright Editing 52

The IPKat

MARCH 7, 2022

Still the Circular does hold out a ray of hope, noting that- [u]nder certain circumstances, names, titles, or short phrases may be protectable under federal or state trademark laws. Unlike a copyright that has a limited term, a trademark can endure for as long as the trademark is used.

Copyright 96

Copyright Trademark IP Public Domain 96

Biswajit Sarkar Copyright Blog

JANUARY 25, 2025

The “Mind the Gap” trademark dispute centers on the legal conflicts arising from the use of the iconic phrase, widely recognized in the context of the London Undergrounds public announcements. Under trademark law, for a phrase to qualify as a trademark, it must be distinctive and not merely descriptive or generic.

Public Domain 52

Public Domain Trademark Law Trademark Registration 52

43(B)log

JUNE 24, 2022

Does the ornamentality doctrine have doctrinal purchase elsewhere in trademark law? Ramsey: BB is interesting because they used a public domain image on the shirt. 1A and © public domain seem to answer the market definition Q. For example, embedded within analysis of likely confusion factors?

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

IP and Legal Filings

FEBRUARY 20, 2025

Since descriptive and generic terms are fundamentally part of the public domain, giving them exclusive rights would unnecessarily limit competition. 7] Non-used Trademark issues The fact that not all registered trademarks are truly used on the market is a problem that should be considered while analyzing trademark data.

Branding 59

Branding Brands Branding Marketing 59

Technology & Marketing Law Blog

JUNE 21, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] By Guest Blogger Lisa P. Ramsey [Lisa P.

Trademark 105

Trademark Blogging Trademark Law Fair Use 105

Technology & Marketing Law Blog

NOVEMBER 27, 2023

I disagreed , and continue to think the Court will uphold the constitutionality of Section 2(c), but the question is what free speech doctrine(s) the Justices will use to make this determination and whether they will provide additional guidance on evaluating First Amendment challenges to trademark laws.

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Registration Trademark Blogging Law 106