The IPKat

AUGUST 5, 2022

The IPKat has received and is pleased to host the guest contribution below by Anna Maria Stein (Eversheds Sutherland), who comments on two recent decisions of the Italian Supreme Court concerning use of the designation 'Made in Italy'. The relevant rules are those set forth in Article 4, paragraphs 49 and 49 bis of Law No.

Law 109

Law Copying Trademark Marketing 109

Technology & Marketing Law Blog

AUGUST 24, 2021

.” The court distinguishes Roommates.com : “Unlike in Roommates where use of the discriminatory criteria was mandated, here use of the tools was neither mandated nor inherently discriminatory given the design of the tools for use by a wide variety of advertisers.” That’s not a new principle–I teach the Noah v.

Advertising 137

Advertising Advertising Marketing Marketing 137

Patently-O

APRIL 17, 2024

This case began back in 2006 when Crocs sued Double Diamond and others for patent infringement of Crocs’s design patents. 23 (2003), false claims about the inventorship or authorship of a product are not actionable under the Lanham Act. Dawgs’ (“Dawgs”) counterclaim for false advertising under the Lanham Act.

False Advertising 115

False Advertising Advertising Advertising Patent 115

Garrigues Blog

NOVEMBER 11, 2021

Simply applying the typical pattern of a “cachirulo” (traditional Aragonese bandana) on a different item of clothing does not confer individual character on the design. That is to say, the appellant questioned whether the comparison had to be made between the designs themselves or between the products in which they were incorporated.

Design 52

Design Designs Registration Blogging 52

TorrentFreak

SEPTEMBER 28, 2023

Under Section 297A(a) of the Copyright, Designs and Patents Act 1988, both men admitted “Selling, Distributing Or Letting For Hire Or Exposing For Sale Or Hire An Unauthorized Decoder.” Gary Doherty’s offenses contrary to Section 297A(a) of the Copyright, Designs and Patents Act earned him 175 hours of community service.

Design 116

Design Designs Licensing Intellectual Property 116

The IPKat

DECEMBER 14, 2022

As our readers know, The IPKat was co-founded by Jeremy Phillips and Ilanah Fhima back in June 2003, and was originally meant as a study aid for the University of London IP students. A neighbour of Jeremy’s designed the original IPKat logo and … the rest is history!

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Blogging Editing IP Publishing 80

IP and Legal Filings

JULY 13, 2022

However, it is also important to assess the position of copyright protection offered to fashion designers specifically and the scope of the same. However, in 2003, with the case of Eastern Book Company v. Copyright Act or Design Act? What is the Indian take on originality v. creativity?

Copyright 95

Copyright Artistic Work Design Designs 95

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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IP and Legal Filings

JANUARY 26, 2023

22] However, to remedy this caveat, the court propounded that designating a colour using an internationally recognised identification code (such as Pantone) will constitute a graphical representation, being precise and stable. [23] 2003) 27 PTC 478 at para 63. See also: Libertel Group BV and Benelux-Merkenbureau [2003] E.T.M.R.

Registration 98

Registration Trademark Trademark Law Law 98

Patently-O

SEPTEMBER 7, 2021

5,110,046 (’046 Patent), relates to preventing abrasion on tie rail seats by using a plate designed to absorb abrasion between the rail pad and rail tie. [7] 99-0182-CV-W-SOW, 2003 WL 24272366, at *4 (W.D. 15, 2003), aff’d 424 F.3d 15] Pandrol USA, LP, 2003 WL 24272366, at *4. [16] The patent at issue, U.S. at col 2 l.

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Law Inventor Intellectual Property Patent 78

Intellectual Property Law Blog

DECEMBER 21, 2023

149, 159 (2003), the exceptions in 35 U.S.C. § Regarding legislative history, the Federal Circuit noted that the AIA provided for PGRs “designed to allow parties to challenge a granted patent through a[n] expeditious and less costly alternative to litigation.” Peabody Coal Co. , Introduction of Patent Reform Act, 153 Cong.

Litigation 147

Litigation Patent Art Designs 147

Technology & Marketing Law Blog

JUNE 4, 2024

AOL from 2003, a case I still include in my Internet Law casebook. It’s not hard to imagine how a negligent design claim could have been structured here. First, the plaintiff could have argued that YouTube’s design encourages the production and viewing of illegal animal abuse videos. Case citation : Freethinker v.

Contracts 98

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The IPKat

SEPTEMBER 25, 2023

In 2015, the Cancellation Applicant filed a request for revocation of Ferrari’s International trade mark ‘Testarossa’, designating (amongst others) the European Union, initially registered by Ferrari in connection with the premier of its sports car series from the 80’s and 90’s.

Fair Use 117

Fair Use Registration Designs Design 117

IP and Legal Filings

NOVEMBER 30, 2022

Additionally, it requires Cambodia to maintain online databases with data on applications and registrations for patents, industrial designs, and trademarks. A GI is a label placed on goods with a geographic origin and a quality, reputation, or other attribute associated with that location. Conclusion.

Intellectual Property 94

Intellectual Property Marketing Marketing IP 94

The IPKat

SEPTEMBER 15, 2022

One of the first enacted changes concerned the rules for calculation of the compensation paid to the patent owner in the event that an invention, utility model, or industrial design is being used without the patent owner’s authorization. These rules were introduced in the 2021 amendment to Article 1360 of the Civil Code.

IP 132

IP Branding Brands Branding 132

IIPRD

JUNE 29, 2022

The monogram was designed to help them brand their firm and prevent copycats from trespassing on their turf. Fashion and luxury goods manufacturing requires a great deal of imagination, from the designs of the garments to the patterns, shapes, logos, symbols, and names associated with them. IP PROTECTION LOUI VUITTON PRODUCTS HAVE.

Intellectual Property 98

Intellectual Property Branding Branding Brands 98

Patently-O

AUGUST 31, 2021

My understanding is that WPL designed its software so that its software would execute the same input-procedure used on SAS and produce an equivalent output. Posner, The Economic Structure of Intellectual Property Law (2003). Although these are functional aspects, they also involve creative choices. Landes & Richard A. 1821 (2013).

Copyright 109

Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

The IPKat

JUNE 9, 2022

Background Only Fools and Horses (OFAH) is a successful BBC TV series that ran between 1981 and 1991, with also some Christmas specials until 2003. Let's see what happened. The main character is a market trader, Derek "Del Boy" Trotter. In 2019, a musical based on the OFAH characters also opened at the Theatre Royal Haymarket in London.

Copyright 145

Copyright Intellectual Property Law Copyright Infringement 145

Patently-O

FEBRUARY 10, 2022

Design Patent No. D450,839 looks like a set of clown feet (image below), but, in actuality it covers “the ornamental design for a handle for introducer sheath” and is used as part of a medical catheter kit. Junker designed the handle with “large, rounded Mickey-Mouse-shaped ears” to make it easier to handle.

Business 78

Business Patent Invention Design Patent 78

Intepat

AUGUST 25, 2023

Patent applications and prosecution thereof is currently governed under the Patents Rules 2003 (2003 Rules). The 2003 Rules came in super session of the erstwhile Patents Rules, 1972 and provided an elaborate description of the filing procedure and allied actions.

Patent 52

Patent Patent Application Government Design 52

SpicyIP

DECEMBER 26, 2023

The Assistant Controller of Patents and Designs- A Reasoned Judgement or Inherently Contradictory? Bharathwaj is a student at the Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur and loves reading books and IP law. Image from here Microsoft Technology Licensing LLC V. The claims in the complete specifications (Application No.

Technology 59

Technology Licensing Design Designs 59

Biswajit Sarkar Copyright Blog

SEPTEMBER 27, 2023

The proposed amendment is an attempt at expediting the process of patent applications and regulation of the same, which are currently governed by two-decade-old Patents Rules of 2003. This set of amendments if accepted has the potential of altering the entire patent ecosystem of the nation.

Patent 52

Patent Invention Patent Application Design 52

Kashishipr

MAY 11, 2022

A trademark refers to a recognizable expression, design, or sign uniquely identifying the products or services of a specific source and differentiating them from those of others. Cadbury UK Limited vs. The Comptroller General Of Patents Designs And Trademarks & Société Des Produits Nestlé S.A. 2003 (27) PTC 478 Del.

Trademark Law 105

Trademark Law Trademark Law Branding 105

SpicyIP

AUGUST 1, 2021

Section 11 (b) read with Rule 24B of Patents Rules, 2003 concerning patent application exam stipulates a 48-month period from the date of priority or filing of patent application within which a request for examination of the application needs to be made. Concluding Thoughts.

Reporting 136

Reporting Patent Law Patent Application Patent 136

IP and Legal Filings

FEBRUARY 10, 2023

Wymeersch (2003) CMLR op.cit., i] Dan Prentice, ‘The Incorporation Theory – The United Kingdom, [2003] 14 European Business Law Review 631. [ii] 1034-1035; Wymeersch (March 2003) op.cit., x] Roth (2003) op.cit., Mucciarelli, op.cit; Wymeersch (March 2003) op.cit. See analysis in Prentice op.cit., Rammeloo, op.cit.,12;

Law 98

Law Business Government Journalism 98

IP and Legal Filings

MARCH 27, 2024

The share of “DTS-i Technology” had a notable surge from 2003 to 2008, suggesting that the product protected by the Applicant’s patent had gained considerable popularity in the market. The patent that was granted to the applicant specifically references the date of application, which is either July 16th, 2002 or 2003.

Invention 94

Invention Patent Patent Infringement Technology 94

IP and Legal Filings

MARCH 11, 2024

Under the Whistle Blower Protection Act, if an individual feels that they are facing any form of retaliation or victimization throughout the period of blowing the whistle upon organisations, the act allows for such persons to seek protection from the necessary authorities designated within the act itself.

Government 98

Government Reporting Law Designs 98

IP and Legal Filings

JANUARY 30, 2022

The parties struck a settlement agreement in 2003 where the Lucky Brand consented to discontinue the tagline “Get Lucky” The Respondent consented to waive all lawsuits relating to the Petitioner’s use of its own trademarks in return.

Trademark 105

Trademark Branding Brands Branding 105

SpicyIP

DECEMBER 14, 2022

Elta had filed its patent application in the Mumbai Patent Office, however, through the internal allocation mechanism adopted by the office of the CGPDTM (Controller General of Patents, Designs & Trade Marks) the application was marked for examination at the Delhi Patent Office.

Patent Application 127

Patent Application Patent Intellectual Property Designs 127

SpicyIP

JULY 4, 2024

Image by storyset on Freepik The office of Controller General of Patents, Designs and Trademarks (CGPDTM) on July 2, has notified the 2025 Patent and Trademarks Agent Exams. The Trademark Agent Exam is likely to be held on January 04, 2025 and the Patent Agent Exam is likely to be held on January 5, 2025.

Trademark 45

Trademark Patent IP Designs 45

Biswajit Sarkar Copyright Blog

NOVEMBER 29, 2024

Designs: Any configuration, composition of lines or any special appearance used on a product Petty Patent: An invention that is new and capable of industrial application, as per Thai Patent law. 2546 2003, where the registration of the GI is a requirement. The Patent needs to be renewed after its renewal due date.

Intellectual Property 52

Intellectual Property Invention Registration Trademark 52

The IPKat

NOVEMBER 24, 2022

The now said was made abundantly clear in an interesting judgment (Case T-486/20) from October this year in which the General Court considered that the Cancellation Division and the EUIPO Fifth Board of Appeal had exceeded their competence by declaring the contested mark invalid on the basis of its alleged lack of distinctive character.

Registration 98

Registration Designs Design Law 98

The IPKat

JANUARY 30, 2024

Henrik Bull’s architecture design of Oslo’s National Theatre. This is because, although the UK copyright expired in 1987, the Copyright, Designs and Patents Act 1988 provides a special exception for the play. . • Songs by Hank Williams. Carl Theodor Dreyer’s silent film, The Passion of Joan of Arc.

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Public Domain Copyright Publishing Design 78

SpicyIP

SEPTEMBER 11, 2023

Nidhi Raman, the learned Central Government Standing Counsel, to seek guidance from the Office of the Controller General of Patents, Designs, and Trademarks ( CGPDTM ) regarding the apposite manner of regulating such agents and submit them in the next hearing. Fortunately, legislative solutions for this already exist, on paper at least.

Government 105

Government Trademark Patent Patent Application 105

The IPKat

FEBRUARY 16, 2023

In 2003, the French Supreme Administrative Court declined the appeal. According to the Administrative Court, the denomination “morbier” traditionally designated a cheese from the Jura region. Several morbier producers from outside the Jura region tried to challenge the French decision to register PDO “Morbier”.

Art 80

Art Registration Licensing Marketing 80

Indiana Intellectual Property Law

AUGUST 18, 2021

Because several of the getGo® Marks have been in use continuously since at least 2003, and Plaintiffs apparently complied with all further requirements, they are incontestable under 15 U.S.C. Plaintiffs are further claiming Defendants’ actions constitute unfair competition and false designation of origin in violation of 15 U.S.C.

Trademark 52

Trademark Registration Service Mark Advertising 52

The TTABlog

DECEMBER 21, 2021

Moreover, in the two-year period 2003-2005, respondent's principal cause 27 intent-to-use applications for various marks for condoms, despite admittedly not knowing the legal meaning of "intent to use." He conducted clinical trials in 2000 and manufacturing began in 2002-2003. See Commodore Elecs. 7 (citing S.

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Registration Contracts Advertising Advertising 51