Biswajit Sarkar Copyright Blog

OCTOBER 21, 2021

The registered owner of a design is granted unrestricted rights to their registered Designs in India. The right to cancel a design registration is one of these rights. The Act and Rules relating to the Design Law of India clearly detail the cancellation procedure. PROCEDURE.

Designs 40

Designs Design Registration Copying 40

Patently-O

JULY 13, 2021

Design Patent No. The reexamination examiner agreed with the challenge and issued a final rejection that the claimed design was anticipated by four different prior art references. 2001) (citing Gorham Co. Michael Piper of Conley Rose filed this one on behalf of an anonymous party challenging Zhang’s U.S. Door-Master Corp.

Inventor 78

Inventor Art Designs Design 78

The IPKat

MARCH 27, 2022

A very popular design of one of these boots is based on a traditional Spanish riding boot - the Regina boot or Heeled Regina - which looks like the below (and for a closer look click here ). Although their products have the "country" look and feel about them, the products aren't designed for serious country wear.

Designs 52

Designs Design Copying Art 52

The IPKat

JUNE 17, 2023

Would you say that Cattelan’s work (realized for an exhibition in Miami in 2019) is an unauthorized reproduction of the 2001 work below, titled Banana and Orange , and thus an infringement of the copyright vesting in it? Of course, that is not all: Comedian has in fact also sparked litigation in the USA.

Copyright Infringement 143

Copyright Infringement Copyright Art Artistic Work 143

Olartemoure Blog

JULY 17, 2023

Barbie was created in 1959, and when she was 42 years old, in 2001, Bratz entered the scene. Mattel produced the line of dolls called “My Scene” In April 2005… MGA (Bratz) filed a lawsuit claiming that Mattel (Barbie) had copied the distinctive big-headed and slim-bodied appearance of the Bratz dolls in this new line.

Intellectual Property 52

Intellectual Property Contracts Designs Design 52

Kluwer Copyright Blog

JUNE 20, 2023

The first sale doctrine restricts the rights holder’s exclusive right to distribute a copyrighted work to the public, where the distribution right to control secondary sales is ‘exhausted’ upon completion of the first lawful sale of a copy of the work by the rights holder or with their consent.

Artwork 98

Artwork Contracts Ownership IP 98

Kashishipr

AUGUST 2, 2021

Goods or items produced outside Bangladesh involving infringement of the Copyright Act, 2000 or infringement of layout design of integrated circuits that are intended for sale or use for commercial purposes within the territory of Bangladesh. Images of genuine goods (for trademarks and designs). Demand draft of Rs.

IP 105

IP Intellectual Property Registration Registering Trademarks 105

Olartemoure Blog

JULY 17, 2023

Barbie was created in 1959, and when she was 42 years old, in 2001, Bratz entered the scene. Mattel produced the line of dolls called “My Scene” In April 2005… MGA (Bratz) filed a lawsuit claiming that Mattel (Barbie) had copied the distinctive big-headed and slim-bodied appearance of the Bratz dolls in this new line.

Intellectual Property 52

Intellectual Property Contracts Designs Design 52

SpicyIP

JULY 14, 2021

De jure functionality is defined as something functional in law if the degree of utility is so great that the configuration makes a superior design which others need to copy to be able to compete effectively. To shed some light on this, one can refer to the 2001 judgement of Surya Roshni Ltd.

Trademark 126

Trademark Registration Marketing Marketing 126

LexBlog IP

JANUARY 11, 2023

Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Compendium: Chapter 1200, sections 1201-1202. In particular, Section 1213.2

Registration 40

Registration Design Designs Copying 40

IP and Legal Filings

SEPTEMBER 12, 2024

Samsung : This was a case, from 2011 to 2018, where Apple took the word against Samsung, claiming infringement of its smartphone design and utility patents. Apple had accused Samsung of copying the features of the iPhone, like the rounded-rectangle shape, home button, and the grid icon layout.

Brands 98

Brands Branding Branding Trademark 98

IP and Legal Filings

JUNE 12, 2023

Finding a differentiator in a field that is becoming more and more competitive, where the distinctions between original ideas and copies are frequently blurred, is crucial. billion in 2001 to USD 120 billion now. Intellectual property might be the solution. The trademark of Coca-Cola is its most valuable asset.

IP 96

IP Intellectual Property Trademark Design 96

The IPKat

OCTOBER 15, 2023

The design was largely attributable to functional and technical considerations and based on simple variations of previously known designs that are part of the general design repertoire. b) the work in question builds on and constitutes a variation of a previously known design or an ongoing design trend?

Art 70

Art Design Designs Marketing 70

43(B)log

DECEMBER 20, 2022

From PR newswire, apparently a still from the 2001 film registered trademark For the 2001 Documentary, Monbo “organize[d] a group of highly skilled dirt-bike riders” to participate in a scripted film “that would highlight the exploits of an ostentatious group of dirt-bike riders in Baltimore called 12 O’Clock Boyz.”

Fair Use 52

Fair Use Trademark Copyright Editing 52

Copyright Lately

MARCH 31, 2024

The Legal Stuff The De Minimis Defense As I’ve discussed before , there’s a whole doctrine with a fancy Latin name reserved for situations in which copying is insignificant enough to fall below the threshold of substantial similarity— de minimis non curat lex (“The law does not concern itself with trifles.”) The Gap, Inc.

Copyright 78

Copyright Fair Use Social Media Artwork 78

Kluwer Copyright Blog

JULY 11, 2022

The Judge confirmed that the character would be covered by the concept of a literary work in the closed list of protected English works without any strained interpretation of the Copyright, Designs and Patents Act 1988 (‘ CDPA ’). This is the first time that a fictional character has been found to be protected in the UK as a copyright work.

Copyright Infringement 111

Copyright Infringement Copyright Music Intellectual Property 111

IP and Legal Filings

JANUARY 30, 2023

It will enable the metaverse to run smoothly without any brand abusing and illegal copying of the existing IP owners. The Design Act. 2000 along with Design Rules 2001. Google Scholar] Bainbridge DI. New York: Longman; 2002. Intellectual property. Google Scholar] New Delhi: Universal Law Publishing Co.

Intellectual Property 98

Intellectual Property Non-Fungible Tokens Trademark Copyright 98

IP and Legal Filings

JUNE 27, 2022

PART 2: of the blog gives a detail about Copyrights, Industrial Designs, Geographical Indications, Layout Designs of Integrated Circuits, Plant Variety Protection and Trade Secrets. To reproduce, store, issue copies to public, perform, communicate, and make translation or adaptation of the work. INDUSTRIAL DESIGNS.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52

LexBlog IP

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5]

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

Kluwer Copyright Blog

NOVEMBER 17, 2021

Germany has regulated exploitation rights, as harmonised under European law in Articles 2 to 4 of the InfoSoc Directive (2001/29), in Sections 15 to 22 UrhG. The right of distribution, as set out in European law in Article 4(1) of the InfoSoc Directive (2001/29), is found in Germany in Section 17(1) UrhG.

Law 52

Law Copyright Television Copyright Infringement 52

Above the Fold

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5]

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

Kluwer Copyright Blog

MARCH 21, 2023

The Orphan Works Database contains 6,031 works as of March 6th 2023, whereas a 2001 estimate showed for instance that up to 1.25 The narrow permitted uses, consisting of making copies for digitisation purposes and disseminating online via non-commercial websites are problematic. billion periodicals could be orphan works.

Copyright 102

Copyright Marketing Marketing Licensing 102

43(B)log

AUGUST 18, 2021

One defendant’s principal testified that it “specifically tried very hard to differentiate” its products with a disclaimer expressly disavowing any affiliation with SMRI and a separate color scheme on its tags, which SMRI copied. The Composite Design Mark registration specifically acknowledged that it made “no claim.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

IP and Legal Filings

SEPTEMBER 29, 2021

In 2001, several record companies such as Sony Music Entertainment, Atlantic Records, MCA Records, Island Records, Motown Records, Capitol Records and BMG Music collectively filed a lawsuit against Napster. Firstly, the Court observed that creating temporary copies of a digital asset to sample can be considered a commercial use.

Fair Use 52

Fair Use Music Copying Copyright 52

Garrigues Blog

JANUARY 12, 2022

Although slight variations or improvements in design are allowed, both inventions must be conceptually identical ( judgment of the Commercial Court of Oviedo No. 65/2001, of January 31, 2001 ). The subject matter of the allegedly infringed patent and that of the invention subject to prior use must be conceptually identical.

Patent Infringement 52

Patent Infringement Invention Patent Patent Law 52

SpicyIP

AUGUST 4, 2024

However, to safeguard the interest of the respondent, the Court directed the appellant to place the copy of the GST invoices on the record within ten days of the sale. The petitioner proved prior use by placing documents on record since 2001. The DB held that prejudice would be caused to the appellant if such is not allowed.

Social Media 105

Social Media Trademark Licensing Music 105

The IPKat

AUGUST 25, 2023

Gucci's FW2001 campaign Background While it's well known that Supreme - like most others in the industry - occasionally draws inspiration from or pays homage to pre-existing designs , the photo in question is reminiscent of Gucci's FW2001 campaign in its Tom Ford era, photographed by Terry Richardson.

Copyright Infringement 52

Copyright Infringement False Advertising Branding Branding 52

LexBlog IP

AUGUST 30, 2023

He worked for large companies, active worldwide in the food industry, which specialised in the design and development of recipes and culinary products for industrial use. Copies of emails between the parties provided to the Court proved that opinions had been exchanged before the composition of the products was finalised.

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

Patently-O

JANUARY 20, 2023

Some of the most beloved fixtures of the genre—time machines, faster-than-light space travel, teleportation, downloading memories, copying a consciousness, etcetera—are impossible or not yet possible when described by the author. The answer is usually no, and for good reason. The full quotes and citations can be found in the paper.

Patent Law 96

Patent Law Law Inventor Patent 96

Kluwer Copyright Blog

NOVEMBER 24, 2021

Section 95a UrhG stipulates that technical measures employed for the protection of a copyrighted work or protected subject matter may not be circumvented without the authorisation of the rightholder, Section 95a UrhG being the transposition into German law of Article 6 of the InfoSoc Directive (2001/29).

Contracts 98

Contracts Copyright Law Cease and Desist 98

IIPRD

JANUARY 23, 2023

Firstly, Direct infringement wherein a patented product can be literally copied element to element (Literal direct infringement) and equivalently copied with little to minimal changes not essentially affecting the effect of the product (Equivalent direct infringement). LEXIS 18660 & 2001 U.S. 4] Adaptix, Inc. LEXIS 33521. [5]

Patent Infringement 52

Patent Infringement Patent Cease and Desist IP 52

Kluwer Copyright Blog

MARCH 14, 2024

In a case which involves the question of copyright protection of the USM Haller furniture design the BGH referred several questions to the CJEU in December 2023 to clarify the requirements for protection of applied art under EU law. This implements Article 5(3)(e) of the InfoSoc Directive.

Law 61

Law Music Art Copyright 61

SpicyIP

MARCH 11, 2024

Calm Water Therapeutics Llc vs The Assistant Controller Of Patents And Designs on 28 February, 2024 (Delhi High Court) The appeal challenged the rejection of a patent application for a “Bi-Functional Co-Polymer” by the Assistant Controller of Patents.

Trademark 59

Trademark Registration Copyright Patent 59

Kluwer Copyright Blog

JUNE 7, 2023

5(3)(k) InfoSoc Directive ( 2001/29/EC ), Member States may implement an exception or limitation for the use of copyrighted material “for the purpose of caricature, parody or pastiche”. She stares into the abyss of a copy-paste kitsch world ”. Pastiche in EU copyright law: All dressed up but nowhere to go? According to Art.

Copyright 111

Copyright Art Copyright Law Law 111

43(B)log

AUGUST 3, 2023

Musicologists in litigation: (1) identify formal similarities—instrumentation, chord progression; (2) opine on how aesthetically similar/significant those similarities are; (3) opine about the rarity of similar features; (4) opine that copying did or didn’t occur. Mistaken faith in musicology: let’s find an expert to talk about copying.

Music 52

Music Art Copying Licensing 52

LexBlog IP

JANUARY 25, 2023

Biosimilars are copies of biological drugs that are approved by the FDA based on demonstrating high similarity to an FDA‐approved originator drug. There’s not a single definition, but one common understanding comes from a 2001 paper by Carl Shapiro. MIT Press, 2001). [3] Therefore, the U.S. Novartis Pharms.

Patent 40

Patent Branding Brands Branding 40