The IPKat

OCTOBER 21, 2021

Trademark law and practice may pay less attention, but it remains a potent means of commercial communication. "It", One such myth is trademarks, and its imagined constituents, goodwill and confusion. Picture on lower left is a faithful photographic reproduction of a two-dimensional, public domain work of art.

Public Domain 76

Public Domain Trademark Law Trademark Business 76

LexBlog IP

AUGUST 22, 2022

2022 The Pennsylvania State University (“Penn State”) sued Vintage Brand, LLC (“Vintage”), an online retailer of screen-printed goods featuring logos and images, for violations of federal and state trademark and unfair competition laws. used by a person. to identify and distinguish his or her goods.”

Licensing 52

Licensing Trademark Public Domain Registration 52

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

The IP Law Blog

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

SpicyIP

JANUARY 2, 2022

We’ve tried to represent a diversity of subject matter also in this list, so we have a fair sprinkling of cases dealing with copyright, patents, trademarks, competition law etc. The case clarifies that the bar on arbitrability of trademark disputes is not an absolute one. Golden Tobacco Ltd [Delhi High Court].

IP 143

IP Intellectual Property Copyright Trademark 143

The IPKat

DECEMBER 23, 2023

But don’t stop reading if your passion lies along other branches of IP law, because this volume has plenty to say about copyright, trademarks, and more. The other two chapters turn to the conceptualisation of nature in patent law. yet this relationship has received very little attention.

Intellectual Property 73

Intellectual Property Designs Design Intellectual Property Law 73

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 Design Designs 69

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

43(B)log

FEBRUARY 19, 2022

At least in its “explicit falsity” prong, though, Rogers tailors potential liability for noncommercial speakers more closely to classic fraud, excluding most noncommercial speech from trademark liability. The answers are yes, no, and sometimes, a list both comprehensive and dismaying. But there are several remaining problems.

Trademark Law 72

Trademark Law Trademark Art Brands 72

Copyright Lately

AUGUST 2, 2022

Multiple times throughout June and July 2022, Netflix informed Barlow & Bear’s lawyers that their July 26 performance wasn’t authorized and would give rise to claims for willful copyright and trademark infringement unless they negotiated a license—which Netflix was willing to do. Even better, it’s in the public domain.

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 Brands 52

IIPRD

JULY 4, 2021

However, the word emoji itself is not subject to protection awarded to intellectual property in general, but unlike the Indian Law, the US Law awards protection to emoji in certain cases. This may be explained by taking into consideration copyright, trademark as well as other intellectual property regimes. Copyright Law.

Intellectual Property 40

Intellectual Property Copyright Law Trademark Trademark Law 40

IP and Legal Filings

OCTOBER 4, 2022

Trademarks. Trademarks are protected by registration with the IP Department. A GCC Trademark Law was issued in 2006. Further revisions to the Law and its executive regulations have been issued and approved in 2015. Further revisions to the Law and its executive regulations have been issued and approved in 2015.

Intellectual Property 52

Intellectual Property Law Business Designs 52

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. Plaintiffs allegedly used the 12 O’Clock Boyz trademarks since 2001 and registered the marks in 2016. Trademark etc. The similarities in setting, theme, etc.

Fair Use 52

Fair Use Trademark Copyright Editing 52

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

This unique status is particularly emphasized through the avenue of Trademark registration, underscoring its distinct position within the framework of legal protection. This Act does not explicitly specify the inclusion or exclusion of personal names or surnames for trademark protection.

Intellectual Property 98

Intellectual Property Registration Trademark Personality Rights 98

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.

Trademark 57

Trademark Public Domain Copyright Cease and Desist 57

IP and Legal Filings

SEPTEMBER 8, 2021

Trademarking of cryptocurrencies is yet another aspect that links IP to the crypto market. Like any other trademark , the cryptocurrency mark must be distinctive. Recently, trademark offices around the world have seen an influx of applications for trademarking cryptocurrency-related marks.

Intellectual Property 94

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 94

43(B)log

JUNE 24, 2022

Relationship to use as a trademark; symmetry b/t types of use that might allow acquisition of rights v. If we want to leave certain matter in the public domain, we need to account for the ability to create de facto secondary meaning. Intro, Graeme Dinwoodie Ornamentality is undertheorized. types of use that might infringe?

Trademark Law 75

Trademark Law Law Trademark Registration 75

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. T]here is a compelling reason why the name or title of a book cannot be a trademark, which stems from copyright law.

Copyright 96

Copyright Trademark IP Public Domain 96

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

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 73

Moral Rights IP Intellectual Property Public Domain 73

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

IP and Legal Filings

FEBRUARY 20, 2025

Trademark and branding roles in Business Strategy Due to fierce competition in India nowadays, having a brand is essential. When a trademark is used to produce high-quality services, provide consistent and positive customer service, advertise effectively, and provide high-quality goods and services, it becomes a brand.

Brands 59

Brands Branding Branding Marketing 59

Technology & Marketing Law Blog

JUNE 21, 2023

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.] The Trademark Infringement Claim A new gateway requirement for application of the Rogers test. 1114(1) or 15 U.S.C.

Trademark 105

Trademark Blogging Trademark Law Fair Use 105

43(B)log

JUNE 24, 2022

Does the ornamentality doctrine have doctrinal purchase elsewhere in trademark law? Is the invocation of ornamentality in the infringement context simply a re-assertion of the supposed trademark use doctrine? Ramsey: BB is interesting because they used a public domain image on the shirt. In the fair use calculus?

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

Technology & Marketing Law Blog

NOVEMBER 27, 2023

By guest blogger Lisa Ramsey , Professor of Law, University of San Diego School of Law The Supreme Court will likely hold in Elster that Section 2(c) is consistent with the First Amendment, but will it clarify how to balance trademark and free speech rights? After the Supreme Court granted cert in Vidal v.

Registration 106

Registration Trademark Blogging Law 106