The IPKat

FEBRUARY 26, 2023

In a recent decision, the Third Board of Appeal (BoA) of the EUIPO found that a design for heated socks, pictured to the lower right, is not necessarily functional (case R 878/2022-3 ). Background Design owner, Lenz, sells products known as “ heated socks ”. In 2012, Lenz registered the Community design, shown to the right.

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The IPKat

DECEMBER 21, 2021

While awaiting for the new EU Design Directive (expected in 2022 ), this Kat decided to look back at one of the current Directive’s most discussed provisions: functional designs. 8(1) of Regulation 6/2002), “a design right shall not subsist in features of appearance of a product which are solely dictated by its technical function.”

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Designs Design Law Art 124

Garrigues Blog

SEPTEMBER 7, 2021

Whether or not these types of products or components can be protected as industrial designs must be addressed case by case. The legal protection of industrial designs mainly covers aesthetics, the specific shape or aesthetic configuration of a product. of Regulation 6/2002. of Regulation 6/2002). Article 4.3

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The IPKat

MARCH 11, 2024

A famous Kat Facts Puma SE filed an application to register a Community design on 26 July 2016. The design represents different views of a trainer, falling within class 02-04 of the Locarno Agreement. Then the Court ruled on the breach of Article 7(1) of Regulation 6/2002. Handelsmaatschappij J.

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The IPKat

JANUARY 18, 2022

While this Kat was inquiring about the role of alternative designs in examination of Art. 8(1) Regulation 6/2002, the Düsseldorf Higher Regional Court (OLG Düsseldorf) sent a referral to the CJEU on just this issue ( C-684/21 ). 8(1) Regulation 6/2002. The case goes as follows.

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The IPKat

JANUARY 30, 2024

This Kat has found a recent decision issued by the Paris Court of Appeal in a dispute over the allegedly unlawful reproduction of a t-shirt design. This ruling was an opportunity for the court to reiterate that a garment can be protected by copyright and design law. Opull’ence appealed.

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JD Supra Law

APRIL 5, 2023

There has been quite a bit of debate around the registrability of GUIs under industrial design law in India. While the Designs Act, 2002, recognised protection for GUIs, the Indian Patents Office has been reluctant to grant registration to GUIs. By: International Lawyers Network

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The IPKat

MARCH 14, 2023

Designs are meant to protect the appearance of a product or a part thereof. 6/2002 (‘Design Regulation’) stipulates:-- A Community design shall not subsist in features of appearance of a product which are solely dictated by its technical function. The existence of other design alternatives was considered irrelevant.

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The IPKat

OCTOBER 24, 2024

Overall, the GRUR Committee considers that the referring Court has misinterpreted established requirements and standards for finding design infringement under EU law and practice. The helpful Summary of the request for a preliminary ruling pursuant to Article 98 (1) of the Rules of Procedure of the Court of Justice can be found here.

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JD Supra Law

DECEMBER 16, 2022

Earlier this fall the Federal Court of Canada issued a rare decision concerning industrial design infringement and reaffirmed several points of law favouring holders of industrial design registrations in Canada seeking to enforce their rights. By: Smart & Biggar

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Garrigues Blog

APRIL 27, 2021

Today, April 27, is International Design Day, an event, which seeks to recognize the value of design in society and business. On this significant date, we take the opportunity to look at a recent judgment by the General Court of the European Union (EGC) that will allow companies to extend the protection of a design by twelve months.

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The IPKat

APRIL 26, 2023

A Registered Community Design (‘RCD’) enjoys protection only if it is new and has individual character vis-à-vis designs disclosed prior to its filing or priority date ( Art. 4(1), 7 of Regulation 6/2002 , ‘Design Regulation’). 7(1) Design Regulation ). 7(1) Design Regulation ).

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The IPKat

DECEMBER 11, 2023

This Kat’s attention has recently been drawn to a Kat-focused ruling: that of design and copyright protection of a cat litter tray. Resolved by the first instance Community design court in Brussels, this case tackled issues such as forum shopping and cumulation of rights in a work of applied art (case A/22/02872 ). Pursuant to Arts.

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The IPKat

APRIL 11, 2022

Under the Community Design Regulation (EC 6/2002), an owner of a Community design right has several options when bringing an infringement case. As a primary rule, article 88(1) stipulates that the Community design courts shall apply the provisions of the Regulation on the matters covered thereby.

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LexBlog IP

APRIL 5, 2023

There has been quite a bit of debate around the registrability of GUIs under industrial design law in India. While the Designs Act, 2002, recognised protection for GUIs, the Indian Patents Office has been reluctant to grant registration to GUIs. Vs. The Controller of Patents and Designs and Anr. [1]

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The IPKat

JANUARY 30, 2022

4(2) Design Regulation. The decision in R2843/2019-3 concerned an invalidity application brought against Community design No 1 292 122-0001. The design (to the right) depicts an electrode for a plasma- cutting torch and is registered for “Welding torches (part of -)”. In turn, the design holder argued that Art.

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LexBlog IP

NOVEMBER 8, 2021

The ECJ has ruled on the conditions in which the appearance of a part of a product (or “partial design”) may be protected as an unregistered Community design. The German court had dismissed the claims on the ground that two of the alleged design rights did not arise, and the third was not infringed.

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Designs Design Intellectual Property 52

LexBlog IP

JANUARY 12, 2022

The European Court of Justice (ECJ) recently ruled on the possibility of claiming protection for a part of a product or a component part of a complex product as an unregistered Community design. Ferrari filed an appeal on a point of law before the German Federal Court of Justice ( Bundesgerichtshof ). The decision of the ECJ.

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LexBlog IP

MAY 3, 2022

Like the United States, China offers protection for 2D and 3D designs of products and packaging, which is often known by U.S. Before diving into details, the chart below illustrates how 2D and 3D designs are protected as different IP rights in China. Protection of 2D Designs. Protection of 3D Designs. Trademark.

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TorrentFreak

MARCH 23, 2022

Reports indicated that two people – a 41-year-old man and a 30-year-old woman – had been arrested under suspicion of offenses under the Copyright, Designs and Patents Act 1988 and money laundering. To serve half sentence in custody with the remainder served on license. Confiscation Under Proceeds of Crime Act.

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The TTABlog

JUNE 28, 2022

90369855 (June 24, 2002) [not precedential] (Opinion by Judge Peter W. With respect to the marks, the Board found that the "relatively modest geometric designs in the applied-for mark and cited mark do not significantly contribute to the mark’s commercial impression, but rather are subordinate to the letters 'KR' in both marks."

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LexBlog IP

AUGUST 22, 2022

In 2002, Mark Chester, an engineer at Koso America, Inc. (“Koso”), participated in a project to create a new valve for a hydraulic actuator. REXA argued that Chester and MEA’s actuator incorporated and disclosed confidential designs contained within the prototype Koso developed in 2002. ” REXA, Inc.

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Patent Application Public Domain Designs Design 52

IIPRD

MAY 9, 2024

Overview on Intellectual Property Law and Competition Law Indian IP law is primarily designed to encourage innovation and creativity by providing inventors with exclusive rights to their creations for a specified period of time. 14, Acts of Parliament, 1957(India) [4] The Competition Act, 2002, No.12,

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Fish & Richardson Trademark & Copyright Thoughts

MAY 4, 2022

Fish Principals Craig Deutsch , Jennifer Huang , and Grace Kim , discuss challenging design patents at the PTAB in their Law360 Expert Analysis article. Challenging design patents at the Patent Trial and Appeal Board is difficult — nearly two-thirds of petitions directed to design patents have been denied institution.

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The IPKat

JANUARY 30, 2022

Here they are in case you missed them: TRADE MARKS Katfriend Marijus Dingilevskis posted on a recent decision of the Lithuanian Supreme Court, which states that even if a trade mark has been registered in the international register for 40 years, this is no guarantee that a subsequent national designation will be also registered.

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Moral Rights Database Right Design Designs 73

Plagiarism Today

AUGUST 18, 2022

The system is designed to be navigable by non-lawyers and, instead of a judge and/or jury, the case is heard by a panel of three officers and the entire process is held online. Seven of the registrations took place before the year 2002, making them older than 20 years. Before 2002 7 2002-2020 42 2020/2021 19 2022 15.

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The IPKat

APRIL 27, 2024

Analysis of these cases often raises questions about the conditions for protection under copyright and design law, and even about the concept of cumulative protection. Facts ROSAE PARIS designs and sells ready-to-wear clothing, leather goods and accessories. A Kat taking a rest. The court then analysed the copyright infringement.

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IP and Legal Filings

JANUARY 30, 2023

Law relating to intellectual property (A complete comprehensive material on intellectual property covering acts, rules, conventions, treaties, agreements, case-Law and much more) [Google Scholar] New Delhi: Department of Science and Technology (DST), Government of India; 2002. New York: Longman; 2002. The Design Act.

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The IPKat

APRIL 12, 2023

Normal 0 false 21 false false false DE X-NONE HE A design for a component part of a complex product can enjoy design protection in the EU only if the component part remains visible during normal use of the complex product ( Art. 4(2)(a) of Regulation 6/2002 , ‘Design Regulation’). 3(c) Design Regulation ).

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Plagiarism Today

AUGUST 17, 2022

They too have a notice and takedown regime, part of their Electronic Communications and Transactions Act of 2002 (PDF), but the implementation of it is very different from that of the United States or the European Union. Find the Host’s Designated Agent: Hosts designate an agent to receive copyright notices on their behalf.

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LexBlog IP

JANUARY 18, 2023

Such notices or process may be served upon the person so designated by leaving with that person or mailing to that person a copy thereof at the address specified in the last designation so filed. Pentapharm AG , 2002 WL 31749195, at *6 (N.D. Under Section 1051(e) of the Lanham Act, 15 U.S.C. Jiaxing Micarose Trade Co.,

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Indiana Intellectual Property Law

AUGUST 9, 2021

Apparently, Monster launched its MONSTER ENERGY® drink brand including its ® mark (the “Claw Icon”) in 2002. Since 2002, Monster asserts it has spent over $8.5 Monster claims Bear’s logo consisting of a claw mark design in a green and black color scheme is confusingly similar to the Claw Icon and Monster Trade Dress.

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Cease and Desist Trademark Branding Brands 52

Patently-O

AUGUST 30, 2021

Here, the court found that the patent provided “no details” about specific embodiments beyond “an alphanumeric designation, SJ25C1, as the source”, and no “general characteristics that would allow” the binding portion to operate. Provisional App: 52334_60383872 ].

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IPilogue

SEPTEMBER 28, 2021

However, this 2002 decision did not define whether AI technology can be an inventor. United Kingdom: Thaler v The Comptroller-General of Patents, Designs and Trade Marks [2020] EWHC 2412 (Pat). Canada: Apotex Inc v Wellcome Foundation Ltd [2002] 4 SCR 153. In light of the recent court decision of Thaler v Hirshfeld et al.

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Olartemoure Blog

FEBRUARY 14, 2024

20, 2002 Diamond rings are the perfect gift to give to celebrate love. Although one would think that a patent on such an item would be beyond obvious, Verlooy Herwig obtained a design patent on heart-shaped chocolate only in 2001. However, what if your ring represents love also in its shape. Are you the heart-shape chocolate type?

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The TTABlog

MAY 3, 2022

Thus far in 2002, the Board has affirmed 77 of the first 80 Section 2(d) refusals it has considered on appeal. Here are the latest three appeals for your consideration. Results in first comment]. In re Aubrac Holdings, Inc. 88586817 (April 29, 2022) [not precedential] (Opinion by Judge Melanye K.

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Designs Design Copyright 67

IIPRD

APRIL 3, 2024

1] The fashion industry in India is extremely diverse in the type of fabric, labour, design, way of draping, and handwork that is used. Protection of Fashion: IPR Indian fashion houses have begun to toe the line of Western fashion houses by registering their designs and fashion works as IPR. [4] Tahiliani Design Pvt.

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