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A new report from the Department of Commerce, the agency of which the USPTO is a part, was released last week following its ” audit of the United States Patent and trademark Office’s (USPTO’s) efforts to improve the accuracy of the trademark register” that began in April of 2020. ” See page 3 of Final Report.
Republished by Blog Post PromoterJohn Welch reports, at the TTABlog, about what you’d think would be a no-brainer: The Board affirmed a refusal to register the configuration shown below, for “electric skillets,” finding that Preston’s proof of acquired distinctiveness under Section 2(f) was inadequate.
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. Registration of a Mask Work.
This week, EUIPO released another in-depth piracy report titled “Online Copyright Infringement in the European Union.” The latest report finds that in 2023 the piracy numbers have somewhat stabilized in the EU. New EU Piracy Report As in previous years, the research is based on data purchased from piracy tracking firm MUSO.
Department of Commerce Office of Inspector General (OIG) published a final report on the audit of the United States Patent and Trademark Office (USPTO) trademark registration process. The report ultimately found that the trademark registration process was ineffective in this respect. On August 11, the U.S.
First off today, Adam Schrader at UPI reports that New York artist Kris Kashtanova has received a copyright registration for a graphic novel entitled Zarya of the Dawn , representing the first known copyright registration granted to a work of AI-generated artwork.
Copyright Office Backtracks on Registration of Partially AI-Generated Work. First off today, Franklin Graves at IPWatchdog reports that the U.S. Copyright Office has begun the process of revoking a copyright registration that was granted to the human author of a piece of artwork that was generated by artificial intelligence (AI).
While the Chatham House rule did not expressly apply to the event, this report anonymises the views expressed. The door being open to bad faith attacks on trade marks might undermine the principle that a trade mark does not need to have been put to genuine use in the first five years of registration.
In an interesting development, the CIC recently rejected an RTI application concerning information on IPRS’ compliance with the Copyright Act, upholding privacy for private organizations and confidentiality of inquiry reports that have not been tabled in front of the Parliament. Do Copyright Societies Fall Under the RTI Act?
Domain name registries that fail to take action are now listed as “ notorious piracy markets ” themselves, as recent reports against the.cc,io, This week, Dutch anti-piracy group BREIN reported that it had booked new success with its previously unknown ‘ registry strategy ‘ Following a notice from BREIN, the SIDN (.nl)
Against that background, this blog post provides some tentative musings on the impact of text-to-image generators on human artistic creativity by analysing recent US and Canadian copyright registrations for artistic works. For simplicity, I will label this ‘commercial significant artistic creativity’.
The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.
1: Paramount Pictures faces copyright lawsuit over ‘Top Gun: Maverick’ First off today, Joe Hernandez at NPR reports that Paramount Pictures is facing a lawsuit over their new movie Top Gun: Maverick. 3: Thaler Pursues Copyright Challenge Over Denial of AI-Generated Work Registration. Have any suggestions for the 3 Count?
Next up today, Malathi Nayak at Bloomberg reports that YouTube has failed in its efforts to get a lawsuit filed against them dismissed, setting the stage for a possible trial down the road. Finally today, Steve Brachmann at IPWatchdog reports that the U.S. 2: YouTube Must Face Suit by Grammy Winner Over Rights Protection.
John Welch reports, at the TTABlog, about what you’d think would be a no-brainer: The Board affirmed a refusal to register the configuration shown below, for “electric skillets,” finding that Preston’s proof of acquired distinctiveness under Section 2(f) was inadequate. Originally posted on April 28, 2016.
1: Ninth Circuit Affirms Validity of Unicolors’ Copyright Registration on Remand, But H&M Scores Big on Remittitur Calculations. Unicolors won at the district court, but that was overturned over issues with the copyright registration. Let me know via Twitter @plagiarismtoday.
If the examiner has certain concerns about the registrability of the proposed mark, or overlaps of the mark with any of the existing registered marks, which can possibly create confusion, then, the examiner may publish an office action. Depending on the complexity and the volume of work, it can take several months up to couple of years.
The report, which was sent to the judiciary committees of the House and Senate, as well as the Secretary Commerce, notes that the GAO recommends “improving USPTO’s fraud risk management to help address the problem” of registrations that “may include false or inaccurate claims and could be fraudulent.”
Copyright Office released part two of its artificial intelligence (AI) report addressing the copyrightability of outputs created using generative AI. This new report is largely consistent with the Copyright Offices earlier registration decisions and guidance. Earlier this year, the U.S.
First off today, Leslie MacKinnon at iPolitics reports that the Canadian Supreme Court has ruled unanimously that York University cannot be held liable for its failure to pay a collective licensing fee that it did not agree to pay. Copyright Office typically gets fewer than 20 such registrations in a year.
In September 2021, the IPilogue reported that India’s copyright office recognized the RAGHAV Painting App (“RAGHAV”), an artificial intelligence (“AI”) tool, as an author of the copyright-protected artistic work, Suryast. Sabrina Macklai is an IPilogue Senior Editor and a 2L JD Candidate at the University of Toronto Faculty of Law.
As this Kat previously reported here , the Italian Supreme Court referred questions to the CJEU on conflicts between geographical indications and trade marks for wines. While the date of registration of the Salaparuta PDO (8 August 2009) was after the new regulations became applicable, this was a bit of a red herring.
First off today, Blake Brittain at Reuters reports that the U.S. H&M case, which asks questions about whether a mistake in filing a copyright registration should cause a copyright infringement case to be dismissed. Supreme Court Questions H&M’s Bid to Sew Up Copyright Win. 2: Dutch ISPs Strike Piracy Blow.
Josh Hawley’s proposed copyright legislation is riddled with problems, but you wouldn’t know that from most media reports about the bill. But you’d never know that by the way much of the media reported on Hawley’s legislation this week. “Today I’m introducing legislation to strip ?@Disney Disney of its?
The Court, relying on the Local Commissioners report, and previous instances of infringement by the defendants, concluded that the defendant was a habitual infringer and harbored mala fide intentions behind using the name Amrit Nayan Jyoti. The defendants were unable to establish prior use and legitimate registration.
Last year, RIAA also listed the domain name registration company Njalla, which was started by Pirate Bay founder Peter Sunde. This company is no longer mentioned in RIAA’s latest report, but other domain name companies do get a mention. In the past, Y2mate voluntarily blocked visitors from the US, UK , and elsewhere.
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
According to Duff and Phelps, and CII’s joint report in 2019 on IP-backed financing, the proportion of tangible assets in the market value of Standard and Poor’s 500 firms has declined from over 80 percent to under 20 percent in the past three decades, thus signifying the rising contribution of intangible assets.
First off today, Winston Cho at The Hollywood Reporter Esquire reports that three major ISPs, Comcast, Verizon and AT&T, have settled lawsuits filed by a group of filmmakers that claimed the companies were not doing enough to combat piracy on their networks. Have any suggestions for the 3 Count?
We’re very happy to bring our readers a guest post that uses a dataset of more than 300,000 trademark examination reports from the year 2019, as the basis for analysing the trademark registry’s examination process. Empirically Examining Examinations Reports (Part 1). Exam Report Issued. Who Watches the watchmen?
Continuing our series of posts on the Parliamentary Standing Committee Report on Review of the IPR Regime in India, in this post I will be covering the Report’s recommendations on IPR and Traditional Knowledge (TK). The other posts on the Report can be found here , here , here , here , and here. Highlights from the Report.
Earlier this month, the ecommerce site Etsy announced that they are launching a new intellectual property portal that they hope will make it easier for brands, creators and other rightsholders to report listings that are infringing on their rights. From there, they can search function to find listings and add them to the report.
First off today, Adi Robertson at The Verge reports that the U.S. ” The decision was made by the three-person Copyright Review Board, which was reviewing an earlier denial of registration by the U.S. Next up today, Jen Juneau and Adam Carlson reports that two U.S. Copyright Office on the work.
First off today, John Silk at Deutsche Welle reports that the highest court in the European Union, the European Court of Justice (ECJ), has rejected a Polish challenge to the latest EU copyright directive. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. Next up today, K.J. DCM also declined to comment.
First off today, Austen Goslin at Polygon reports that choreographer Kyle Hanagami has filed a lawsuit against Epic Games alleging that the video game company copied his choreography for an emote in the game Fortnite. Let me know via Twitter @plagiarismtoday. 1: Epic Games Hit with Another Lawsuit Over Fortnite Dance Moves.
These are some highlights from the recently released report from E&Y titled ‘ The Rise of Music Publishing in India ’ based on figures by the Indian Performing Right Society (IPRS) (the copyright society concerned with music publishing). speech in the Parliament while introducing the Copyright (Amendment) Bill 2012.
In another of those battles between a rock band and one of its members, the Board again sided with the band, granting a petition for cancellation of a registration for THE PLIMSOULS for "entertainment in the nature of live performances by a musical band." The band is entitled to request cancellation of the involved registration for its name.
They held that an inadvertent mistake of law in a copyright registration application does not automatically nullify the application. . Despite this mistake, the District Court ruled that Unicolors’ copyright registrations remain valid because Unicolor was unaware of the requirement when it submitted its application. Unicolors, Inc.,
Here are the latest IP reports and opportunities to find out about. A Kat reading a new IP report Publication WIPO’s 2024 World Intellectual Property Indicators WIPO has published the 2024 edition of its World Intellectual Property Indicators (WIPI). Click here to learn more and to download the report. programmes: - LL.M.
As a result, personal jurisdiction is not required, which makes it easier to go after domains operated by unknown ‘does’ As the case progressed, the registrants of the domain names were contacted, but none made an appearance in court. Court Grants Domain Name Transfers In February, U.S.
Yesterday, a report by Scott Schwebke at the Orange Country Register highlighted a lawsuit filed by Chapman University processor David Berkovitz, who has filed a lawsuit against a John Doe student that he accuses of posting questions from his exam online. Such a registration costs $800 on top of the normal registration fees.
Jan Jacobi (photo: Neil Graveney) Darren Meale followed on by discussing how to allow the registration of a colour ad pointing out how such registration should be narrow and specific. He then recalled the principle affirmed by the CJEU on the intention of use when applying for a trade mark registration.
To recount the facts and history, Thalers registration application designated the Creativity Machine as the works sole author and himself as the owner. As an aside, this policy has been reflected in the 2023 Registration Guidance , the 2025 Report on copyrightability of AI-generated works, and in several registration decisions.
This Kat is delighted to continue the reporting on the 5th edition of the Intellectual Property Case Law Conference (IPCLC) organised by the Boards of Appeal of the European Union Intellectual Property Office (EUIPO). Stay tuned for the final report on the conference. The panel was led by Dr Anke Moerland (Maastricht University).
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