IPConnect

04 Jul 2023 14:57

Hi all, looking for a patent valuator if available, thank you

IPConnect

03 Jul 2023 18:07

You might run into trouble with the trademark and your company name. Many company names, at least here in US, are state registrations. While the trademarks are mostly national covering.

Argument can be made that you are benefiting off the trademark even if product is using different name.

But I think this may also depend on where you are and local rules.

Finally this is coming from the eyes of investigations. We verify this for our clients on a regular basis to see the real story behind what companies are offering

If possible easiest way would be to try and purchase the trademark or argue that you were using it prior and cancel the mark

IPConnect

03 Jul 2023 13:54

Hope this answers your question

IPConnect

03 Jul 2023 13:48

One question: let's say my business name is trademarked by another company. I want to sell a product with a different trademark (my own TM). Also, I want to put the manufacturer name on the product. Will the manufacturer name infringe the existing Trademark?

IPConnect

02 Jul 2023 07:10

@danyelnobre

IPConnect

30 Jun 2023 13:44

​🦹 The Batman stays strong

DC Comics, an American comic book publisher, has a plenty of trademarks protecting the Batman character. One of them is an EU trademark depicting a bat in an oval frame (hereinafter — “the Trademark”).

In 2019, an Italian company filed an application with EUIPO to declare invalidity of the Trademark. On May 21, 2020, the Cancellation Division dismissed the application in its entirety. On July 14, 2020, the Italian company and its shareholder, Mr. Luigi Aprile (hereinafter — “the Applicants”), filed a notice of appeal to the General Court of the EU against the above decision.

***

Let's look at some of the grounds the Applicants relied on in support of the appeal and the positions taken by the Court.

The 1st ground. In accordance with Article 7(1)(b) of the Regulation No. 40/94, trademarks which are devoid of any distinctive character shall not be registered. Under the established practice, a trademark is distinctive if it serves to identify the goods (services) as originating from a specific undertaking. This allows to distinguish those goods (services) from all others in civil circulation.

Contrary to this, according to the Applicants’ opinion, the Trademark is not distinctive as it is not perceived by the public as an indication of origin of the goods, but as a symbol related to the Batman character and a decorative element of the goods. Besides, the public does not always associate the Trademark with the Batman character and DC Comics.

The Court’s opinion. The Trademark refers to the Batman character and DC Comics, and the evidence to the contrary presented by the Applicants is insufficient. The consumers’ associations of the Trademark with the fictional character do not deprive the Trademark of its distinctive character.

Moreover, the Applicants’ argument that the Trademark should not be registered because the Batman insignia is a literary and artistic work, is unsubstantiated, since the possibility of protecting one object both under copyright and under trademark laws is not excluded.

***

The 2nd ground. Under Article 7(1)(c) of the Regulation No. 40/94, trademarks consisting exclusively of signs or indications, which may serve to designate the characteristics of the goods (services), such as kind, quality, quantity, intended purpose, value, etc., shall not be registered. Applicants believed that the Trademark described one of the characteristics of the goods, considering that the Batman cannot be pictured without it.

The Court’s opinion. The Applicants’ argument is not reasoned, as they do not explain why the Trademark is not capable of describing the characteristics of the Batman character and the goods in question.

As the result, the legal protection of the Trademark was preserved.

The Batman withstood the attack of the Italian Applicants. However, they can still try to defend their position and appeal to the Court of Justice.

More:
🥐 Intellectual property and cooking recipes in France
🇺🇸 Extraterritorial trademark protection in the USA
🟡 Yellow circle on a blue background

☑️ Subscribe to CLAIMS_ international

IPConnect

30 Jun 2023 10:02

Please send your concern to info@jahcoip.com and we shall address the same as we have our own ip prosecution and litigation office in Saudi Arabia as the case for all Arab states

IPConnect

30 Jun 2023 09:57

Any trademark agent from Saudi please pm me. Thanks 🙏

IPConnect

29 Jun 2023 08:08

Hi all,
I am looking for attorney ( industrial design) from US 🇺🇸 . Please feel free to contact me directly!

IPConnect

28 Jun 2023 22:35

To all my friends in the USA, I am looking for lawyer practising environmetal law in US. If any one can recommend a good and effective lawyer, it would be highly appreciable
Regards, Nishi

IPConnect

26 Jun 2023 17:52

Spider-Man homecoming movie

IPConnect

26 Jun 2023 10:52

Dear Colleagues,
One of our clients is interested in registering the trademark in the Seychelles. Could you please send the cost quotation to tm-filing@mspcorporate.com?

IPConnect

24 Jun 2023 02:55

I will be pleased to assist. Please email me. Paul

IPConnect

23 Jun 2023 13:52

Thanx. We shall do the needful and send a thorough response

IPConnect

23 Jun 2023 11:11

Dear Colleagues from Saudi Arabia... what is the procedure to stop someone who is using our client's logo/device in Saudi Arabia? Our client's mark is registered one. Should we file a suit? what will be the procedure and please someone send an estimated cost involved in this process? info@missionlegal.com

IPConnect

04 Jul 2023 01:28

Absolutely brilliant, simple and wise advise, Miguel.

IPConnect

03 Jul 2023 17:02

Hi all colleagues from Pakistan
Need detailed charges for filing up to registration for 01 mark in 01 class and each additional class

IPConnect

03 Jul 2023 13:54

There should be an interface between trademark registration and company registration. There should be infringement if a trademark is similar to a company name and vice versa

IPConnect

03 Jul 2023 10:53

Thanks Diana! Hi @ilia_ishinov, we’ll be in touch shortly. Have a great day everyone !

IPConnect

30 Jun 2023 14:56

🇵🇹 Portugal trademark attorney, please provide me information regarding at filing tm application

IPConnect

30 Jun 2023 12:03

Hello everyone
I am looking for a trademark assistance in Sri Lanka.
Please text me in dm

IPConnect

30 Jun 2023 10:01

Thanks for recommendation

IPConnect

29 Jun 2023 16:38

Provide your email id

IPConnect

28 Jun 2023 23:38

Which state? Although there are federal regulations, depending on issue and the state you will need to engage a lawyer who practice in that state.

IPConnect

26 Jun 2023 21:46

https://www.linkedin.com/posts/raed-ragheb-79b26b29_wishing-you-and-your-family-a-happy-eid-activity-7079182954819665920-qIPS?utm_source=share&utm_medium=member_android

IPConnect

26 Jun 2023 14:20

Good day colleagues. Any local attorneys in Kinshasa who can provide patent filing costs and procedure in The Democratic Republic of Congo, please mail me at theo@dtdp.co.za. Regards Theo

IPConnect

26 Jun 2023 10:06

https://www.linkedin.com/feed/update/urn:li:activity:7079004984129855488?utm_source=share&utm_medium=member_android

IPConnect

23 Jun 2023 16:49

​🇨🇳 Virtual People and Intellectual Property in China

In 2019, Xmov Technology, an AI company specializing in computer vision and computer graphics, created a virtual person named Ada. Ada’s actions are controlled by real people in real time. In the same year, Xmov Technology took Ada out in public by broadcasting videos with her image on the Bilibili platform (the analogue of YouTube in China).

In 2022, an Internet company from Hangzhou released videos on its Douyin account (the Chinese TikTok) containing images of Ada. The content did not make any mention of Xmov Technology as the creator of Ada. Moreover, the Internet company used its trademarks when distributing content with Ada.

Xmov Technology filed a lawsuit against this Internet company, claiming violation of its rights to use the virtual person Ada and distribute content with her images. The Internet company, in turn, stated that Xmov Technology did not have any rights to Ada. Moreover, the Internet company had not received any profit from the publication of the videos with Ada.

This case is the first in China involving virtual people.

The court raised several questions:

▫️do virtual persons hold copyright or related rights?

▫️do the images and videos with Ada belong to the objects protected by copyright? Does Xmov Technology have the rights of the performer of the videos with Ada?

▫️is there any violation of the rights of Xmov Technology?

The Court ruled as follows.

Firstly, the virtual person in this case is the result of the intellectual work of the creator. Therefore, Ada herself does not own any rights since she is just the digital projection and reproduction of the efforts of real human beings.

Secondly, Ada is a virtual person controlled by a real person (the employee of Xmov Technology who generates her voice and movements). Videos with Ada are audiovisual works. In accordance with the written agreement, Xmov Technology acquires performer's rights from its employee.

Thirdly, the use of Ada by the Internet company in videos without indicating her creator is an infringement of the rights of Xmov Technology. In addition, the use of the Internet company’s own trademarks when displaying the content with Ada is considered unfair competition which creates confusion among consumers.

Eventually, the court ordered the Internet company to cease the infringement and pay compensation to Xmov Technology.

To date, there is no regulation regarding the use of virtual people in China. However, the development of artificial intelligence, virtual reality, and other technologies is included in the "14th Five-Year Plan" for digital economic development. We hope that the authorities pass a legislative regulation in this field, since the industry of creating virtual people is fast-growing and it is likely that this case will not be the last.

More:
🎶 Is it possible to compose a melody without infringing anyone’s copyright?
🧠 Whether a human being can register a copyright in a work created by AI
🤖 Legal challenges brought by Artificial Intelligence

☑️ Subscribe to CLAIMS_ international

IPConnect

23 Jun 2023 12:38

Contact @Binjamaan

IPConnect

23 Jun 2023 08:44

Trademark agents from CANADA please DM for potential trademark matter.