The long-awaited amendments to the PRC Patent Implementation Regulations have finally arrived
The Brand Protection Blog
by Justin Davidson (HK)
3w ago
We reported in 2020 on PRC’s fourth amendment to the Patent Law (link to our blog post here). More than three years later, the PRC State Council has finally approved and promulgated the amended Patent Implementation Regulations (“Regulations”) to align various patent practices with the changes made under the Patent Law. The amended Regulations came into effect on 20 January 2024. An important change brought about by the Regulations that may affect every PRC patent practitioner is the abandonment of the 15-day postal rule. Back in the era of mostly paper filing, notices from the patent office w ..read more
Visit website
EVERYBODY is VS RACISM, so the Mark Fails as a Source Identifier
The Brand Protection Blog
by Nathan Mannebach (US)
1M ago
In a recent decision, the United States Court of Appeals for the Federal Circuit affirmed the decision of the Trademark Trial and Appeal Board (“Board”) to deny registration of “EVERYBODY VS RACISM” because the “public is unlikely to associate the mark . . . as a source-identifier” of GO & Associates, LLC’s (“GO”) goods and services. In re GO & Assocs., LLC, No. 2022-1961, 2023 U.S. App. LEXIS 30060 (Fed. Cir. Nov. 13, 2023). The Federal Circuit explained that allowing GO to trademark EVERYBODY VS RACISM would undermine trademark law “to the detriment of the public who would be no long ..read more
Visit website
Is that picture your creation or the AI program’s – an age-old question revisited
The Brand Protection Blog
by Justin Davidson (HK)
2M ago
The copyright eligibility of computer-generated literature and artistic works is not, contrary to what many may think, a post-millennial question. In a case decided as early as 1985 [1], in a time long before the internet era, the English court had already held that a computer is no more than a tool by which the disputed work is produced according to the instructions of a computer programmer, and it would be absurd to take the computer or a pen as the author instead of the person who gives commands to the computer or drives the pen.   With the advancement of technology and computers becom ..read more
Visit website
Who’s in control? Liability for copyright infringement by contractors and software developers
The Brand Protection Blog
by Cameron Harvey (AU)
2M ago
The High Court recently delivered its decision in Real Estate Tool Box v Campaigntrack 1 relating to copyright authorisation. The High Court held that the appellants, who had engaged a third party software developer to create a real estate marketing system for their use, were not liable for copyright infringement, as they had not authorised the developer’s infringement of Campaigntrack’s copyright when creating the system. Although the appellants in this case successfully avoided a finding of copyright infringement, the High Court has emphasised that each case turns on ..read more
Visit website
Black Card Can Register FOLLOW THE LEADER Mark
The Brand Protection Blog
by Kaylee A. Sill (US)
2M ago
In a presidential decision, the Trademark Trial and Appeal Board (“TTAB”) held that Black Card, LLC can register FOLLOW THE LEADER because the phrase operates as a source identifier and not as an unregistrable common phrase. Black Card applied to register FOLLOW THE LEADER in connection with the promotion of  a number of services, including credit and debit card services, providing award incentives for credit card use, travel and tourism services, beauty salon booking services, and personal concierge services. The Examining Attorney (“Examiner”) refused registration  under Trademark ..read more
Visit website
Is “A Change [] Gonna Come”?: Music Publishers Sue AI Startup Anthropic for Copyright Infringement
The Brand Protection Blog
by Ani Galoyan (US)
3M ago
The Lawsuit Another week, another lawsuit against generative AI.  This time, a group of music publishing companies, including Concord Music Group, Inc., ABCKO Music, Inc., and Universal Music Group (“Plaintiffs”) sued AI start-up Anthropic PBC (“Anthropic”) on October 18, 2023, in the United States District Court for the Middle District of Tennessee “to address the systematic and widespread infringement of their copyrighted song lyrics” by Anthropic.  See Concord Music Group, Inc. et al v. Anthropic PBC, M.D. Tenn, 3:22-cv-01092, ECF No. 1 at ¶ 1.  They allege that Anthropic cop ..read more
Visit website
Trade Marks in the Virtual World: Is your Business Well Meta-Versed in Emerging Technology?
The Brand Protection Blog
by Georgina Hey (AU)
3M ago
Introduction Digital technologies such as the metaverse, non-fungible tokens (NFTs), blockchain and augmented realities are directly influencing how we cultivate and protect various forms of intellectual property, including trade marks.   We have previously written about key steps for brand owners to consider for their trade mark strategy in the metaverse and since then, earlier this year, the 12th edition of the Nice Classification came into force. The Nice Classification is a globally recognised system used to classify trade mark registrations across 92 countries, including Australia. I ..read more
Visit website
Trader Joe’s Grocery Store Chain Sues Trader Joe Crypto Trading Platform
The Brand Protection Blog
by Kaylee A. Sill (US)
4M ago
Trader Joe’s Co. (“Trader Joe’s”), the popular grocery store chain, recently filed suit against crypto trading platform Trader Joe (“Trader Joe”) and its developers for allegedly violating its rights in the TRADER JOE’S trademark. Trader Joe’s owns numerous federal trademark registrations for the TRADER JOE’S mark in connection with various food and beverage goods as well as retail grocery services. In 2021, Trader Joe’s became aware of Trader Joe, it’s cryptocurrency platform, and its use of the traderjoexyz.com domain name. In the complaint, Trader Joe’s claims that Trader Joe is named ..read more
Visit website
The Board has no Time to Waste: TTAB Highlights Importance of Correctly Submitting and Categorizing Evidence in Proceedings
The Brand Protection Blog
by Meg Tierney (US)
4M ago
On September 29, 2023, the Trademark Trial and Appeal Board (“TTAB” or the “Board”) issued its 28th precedential decision of the year, this time focusing on appropriate discovery submissions and procedure. RLP Ventures, LLC v. Panini America, Inc., No. 91268816 (TTAB 2023). In June of 2020, Applicant Panini Americas, Inc. (“Panini”) applied to register the mark MOSAIC for “collectible trading cards; sports trading cards” in Class 16. In April 2021, RLP Ventures, LLC (“RLP”) filed a Notice of Opposition, notably representing itself pro se. RLP alleged a likelihood of confusion between Applicant ..read more
Visit website
U.S. Supreme Court Agrees to Hear Case on Application of the Discovery Rule on Damages
The Brand Protection Blog
by Andrea Shannon (US)
5M ago
The U.S. Supreme Court agreed on Friday to hear a case this term to decide whether a copyright plaintiff can recover damages for acts that occurred more than three years after the filing of a lawsuit. The case is poised to resolve a judicial split among the federal courts of appeal in how they apply the U.S. Copyright Act’s three-year statute of limitations and prior Supreme Court precedent in Petrella v. Metro-Goldwyn-Mayer, Inc., 572 U.S. 663 (2014). The case is styled Warner Chappell Music Inc. v. Sherman Nealy and arises out of musician Sherman Nealy’s claims that Warner Chappell did not h ..read more
Visit website

Follow The Brand Protection Blog on FeedSpot

Continue with Google
Continue with Apple
OR