Technology & Marketing Law Blog

DECEMBER 15, 2021

In 2004, the Ninth Circuit eviscerated it (in the Rossi case) by requiring plaintiffs to show that senders subjectively believed their takedown notices were abusive. Diebold from 2004, which led to a $125k damages award. Defendant had not obtained the Deposit Design from the Copyright Office. A New 512(f) Plaintiff Win!

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Registration Fair Use Copyright Designs 132

The IPKat

AUGUST 17, 2021

Both Protected Designation of Origin (PDO) and Protected Geographical Indication (PGI) rely on the origin link (e.g., Zappalaglio observes regional trends in GI registration, which he complements with an analysis of the GIs registered by the EU Member States that joined the EU after 2004.

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Law Registration Publishing Designs 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 Brands Branding Branding 98

TorrentFreak

FEBRUARY 8, 2024

Epic Battle For The Internet In 2004, Belgian music rights group SABAM made an extraordinary move designed to force ISPs into compliance. Broadly speaking, ISPs were concerned by the threats; on balance, however, putting customer interests last wouldn’t have been an ideal strategy in a rapidly growing market.

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Law Publishing Marketing Marketing 122

The IPKat

DECEMBER 10, 2023

Copyright Anastasiia Kyrylenko discussed the recent interpretation of Article 4 of Directive 2004/48/EC by the CJEU in relation to possibility for collective management organisations to bring, in their own name, actions for copyright infringement on behalf of the right holders. Here is what you missed last week on the IPKat.

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Registration Copyright Law Copyright Intellectual Property 68

TorrentFreak

JANUARY 15, 2024

Back in 2004, when LimeWire was the file-sharing client of choice for millions of users, FrostWire appeared as the new kid on the block. Our platform is designed to respect and uphold the rights of content creators while promoting open and legal digital sharing. We unequivocally condemn copyright infringement.

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Music Copyright Infringement Copyright Copying 122

Indiana Intellectual Property Law

AUGUST 6, 2021

Evansville, Indiana – In 2004, the Coca-Cola Company launched its Full Throttle® energy drink brand, which was later apparently acquired by Monster Beverage Company (“Monster”) in 2015. Energy also claims it has used a distinctive trade dress on its Full Throttle® products since 2004. Registration Nos.

Cease and Desist 52

Cease and Desist Trademark Brands Branding 52

The TTABlog

MARCH 20, 2023

referred to as the "Ridge Designs"). In other words, the issue is whether the designs of both safety helmets work better in the configurations at issue. As to the second factor, there was no evidence of advertising touting the utilitarian benefits of the Ridge Designs. In re Morton-Norwich Prods.,

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Registration Advertising Advertising Designs 68

Intepat

DECEMBER 18, 2024

However, if Podcaster B uses Podcaster As original script, sound design, or other creative elements, this could be considered copyright infringement under Section 51 of the Copyright Act, which grants exclusive rights to the author of a work and prohibits its unauthorized use. A pertinent example is the case of Bridgeport Music, Inc.

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Licensing Copyright Public Domain Music 52

LexBlog IP

JUNE 26, 2023

The court concluded that JSC’s unique designs acquired secondary meaning in the eyes of consumers in the furniture market, particularly because of Trendily’s copying, and possessed protectable trade dress. JSC designs high-end furniture hand-crafted by woodworkers in Indonesia. Trendily appealed.

Copying 52

Copying Social Media Designs Design 52

U.S. Department of Commerce

OCTOBER 29, 2021

Since 2004, October has been recognized as Cybersecurity Awareness Month. Cybersecurity Month: NIST Cybersecurity Framework and the Benefits of a Unified Approach in Securing our Cyberspace. October 29, 2021. KCPullen@doc.gov. Fri, 10/29/2021 - 12:00. Cybersecurity. Graphic on Cybersecurity Awareness Month.

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Technology Government Designs Design 79

Indiana Intellectual Property Law

JANUARY 26, 2024

Shima, led by President Wentong Liu, claims it has carved a niche in designing and selling distinctive products.

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Copyright Infringement Copyright Design Designs 40

IP and Legal Filings

JANUARY 24, 2023

When it comes to AI, there are various entities for which a claim for copyright could be made: Programmer: One of the main contention of granting ownership to AI is that it is the programmer who designs, creates, or trains the computer software, without which the AI system would not have been created. 539 [5] [1964] 1 All ER 465 [6] 499 U.S.

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Copyright Ownership Artistic Work Intellectual Property 98

Patently-O

SEPTEMBER 24, 2023

2004) for the principle that “where a non-moving party denies a factual allegation by the party moving for summary judgment, that denial must include a specific reference to the affidavit or other part of the record that supports such a denial.” The case arose in N.D. Aramark Uniform Services , 368 F.3d 3d 809 (7th Cir.

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43(B)log

SEPTEMBER 8, 2021

Most important of all with respect to functionality is the fact that alternative designs are obviously and clearly available without impairing the utility of the product.” 2004), or the colors of pills in Inwood v. It acknowledged that “a small minority” of dentists “have [probably] asked for a yellow tip or a blue tip.”

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Advertising Advertising Marketing Marketing 75

Indiana Intellectual Property Law

MARCH 14, 2023

Starmark Cremation Products began in 2004 designing and marketing a small line of engineered cremation solutions. They have designed, marketing and manufactured Sensible Solutions for its customers. Vandor began by specializing in custom die-cutting of chipboard and corrugated fiberboard components.

Patent Infringement 40

Patent Infringement Social Media Patent Design 40

LexBlog IP

APRIL 25, 2023

WePay Global Payments LLC , determining the design claim of US D930,702 (“D’702”) unpatentable, as both anticipated and obvious based on a single reference, Reddy, US 2018/0260806 A1 (“Reddy”). 3] decision overruled the tests for obviousness of design patents established in Durling v. Gamon Plus, Inc. [1]

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Patently-O

JANUARY 19, 2024

Ownership of Invention : By accepting employment with the Corporation, you hereby agree that all discoveries, designs, devices, and concepts developed by you in the course of and during your employment with the Corporation shall be the property of the Corporation. The quote above comes from the employment agreement.

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The IPKat

JANUARY 31, 2022

Under article 8(1) of the Enforcement Directive (Directive 2004/48/EC) a claimant in infringement proceedings can request a court to order certain parties to disclose information. This so-called ‘right to information’ includes information on the origin of the infringement (e.g.

Intellectual Property 74

Intellectual Property Cease and Desist IP Copyright 74

Indiana Intellectual Property Law

DECEMBER 23, 2022

According to the complaint, Gema is a worldwide leader in the design and manufacture of electrostatic powder coating control units, and powder feed systems. The Design Patents are for a variety of powder guns and spray equipment. September 14, 2004. They allege to be an Integrator of Gema Products, not a Gema Distributor.

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Trademark False Advertising Patent Registration 40

The TTABlog

JUNE 17, 2024

Direct Impulse Design, Inc. , TTABlogger comment: Bacardi's 2004 lawsuit against Cubaexport, challenging the TTAB's denial of Bacardi's petition for cancellation of the HAVANA CLUB registration based on other grounds, remains pending in the U.S. See Bonehead Brands, LLC v. 9206833, 2019 WL 646461, at *4 (T.T.A.B.

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Registration Trademark Intellectual Property Licensing 53

Patently-O

SEPTEMBER 25, 2023

Although the decision is designated nonprecedential, it includes a number of interesting lessons on the requirements for definiteness and disclosure of corresponding structure under 35 U.S.C. Google LLC , Nos. 22-1066, -1067 (Fed. The Technology at Issue The first patent at issue was U.S. The second portion of the appeal focused on U.S.

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Patent Designs Design Invention 72

Biswajit Sarkar Copyright Blog

MARCH 26, 2022

Darjeeling tea was granted geographical indication protection in 2004-2005 by its original owners, The Tea Board. The designer Ritu Beri was then involved in a dispute over the infringement of geographical indications in 2020. Since then, the GI has been involved in a number of legal battles.

Intellectual Property 52

Intellectual Property Registration Design Designs 52

U.S. Department of Commerce

AUGUST 27, 2021

This evidence included 236 major structural steel components, 7,000 video segments, more than 7,000 photographs, emergency responder communications, published accounts of evacuation from 400 survivors, and a large collection of design, construction, maintenance and inspection documents for the three buildings. and around the world.

Designs 58

Designs Design Blogging Technology 58

Velocity of Content

JUNE 8, 2022

Peter and the Starcatchers (2004 novel, the first in a series). But it is mainly, statistically accurate, and I really, really felt like including it here. A field in the copyright record for this book at the Copyright Office reads “Authorship on Application: “Novelization: TriStar Pictures, Inc., employer for hire.” (As This — prequel?

Derivative Work 105

Derivative Work Public Domain Copyright Fair Use 105

SpicyIP

MAY 14, 2024

The Controller General of Patents & Designs , clarified that a working example does not define the patent’s scope. The Controller General of Patents & Designs observed that though “ working examples are essential for demonstrating the feasibility and workability of an invention, they do not define the patent’s scope.”

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Invention Patent Application Patent Designs 59

Copyright Lately

OCTOBER 25, 2021

The humanized skeleton figure on the left is Skully, which artist and entrepreneur Gregory Spiers first conceived while designing a T-shirt for the Lithuanian Olympic basketball team. The humanized skeleton figure on the right is Curly, a character designed for Scholastic’s popular “Goosebumps” series of books.

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Copyright Cinema Copying Copyright Infringement 145

Fish & Richardson Trademark & Copyright Thoughts

MAY 10, 2022

Carson Design & Mfg., Plaintiff Schwab-Vollhaber-Lubratt (“SVL”) sued Defendants Carson Design and Manufacturing and Midwest Mechanical Supply alleging infringement of certain SVL patents. This summary includes discovery relevant to willfulness findings, stays under the customer suit exception, and preliminary injunctions.

Litigation 52

Litigation Patent Designs Design 52

The TTABlog

NOVEMBER 25, 2024

Although claiming use of the mark 3RD EYE since 2004, its sales figure were limited to the 2019-2022 time period and lacked industry context. The recited services are closely related: "Applicant’s Class 42 services cover the design of software that performs the identical purpose or function of Opposer’s software (i.e.,

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Registration Designs Design Marketing 56

The IPKat

NOVEMBER 22, 2022

The IPKat is pleased to host the following post by former GuestKat Jan Jacobi , analyzing the recently released Opinion of Advocate General (AG) Rantos in Castorama Polska, C-628/21, a referral for a preliminary ruling from Poland asking about the correct interpretation of the right to information under the Enforcement Directive 2004/48.

IP 52

IP Intellectual Property Ownership Copyright 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

in biochemistry and history from the University of Minnesota-Twin Cities in 2004. cum laude , in mechanical engineering from Texas Tech University in 2004. He received his J.D. from Santa Clara University School of Law in 2013, his Ph.D. in medicinal chemistry from the University of Michigan in 2010, and his B.S. He received his J.D.

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Due Diligence Patent Prosecution Litigation Intellectual Property 59

Patently-O

JUNE 26, 2024

The patent and Knocki product are designed to expand touch interfaces beyond traditional touchscreens, potentially opening up new modes of interaction with smart devices and appliances. Knock on wood. 3d 201 (5th Cir. Private Interest Factors: 1. The relative ease of access to sources of proof 2. See, In re Volkswagen AG , 371 F.3d

Litigation 40

Litigation Invention Patent Designs 40

43(B)log

JULY 1, 2022

2004), in which the defendant continued to run an infomercial after its agreement with the individual plaintiff, Lundin, featured in the infomercial expired. Lanham Act false endorsement: Even if the individual counterclaimants’ names had protectable commercial value, the present maintenance of a past link is not false endorsement.

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Advertising Advertising False Advertising Public Use 59

The IPKat

DECEMBER 14, 2023

The Bill repealed the previous Copyright Act of 2004 and ratified outstanding copyright treaties including the Marrakesh Treaty. The warning came as a result of complaints from various artists and designers who assert that their works are being distributed on various platforms without benefitting them. Katpost on that here.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

LexBlog IP

OCTOBER 25, 2021

Starting in 2004 , the Company began issuing cease-and-desist letters to competitors, demanding that they prevent their search ads from appearing in response to the keyword “1-800 Contacts.” 1-800 Contacts also claims that Warby Parker copied its website design to “ intentionally deceive and confuse ” consumers.

Advertising 52

Advertising Advertising Trademark Cease and Desist 52

SpicyIP

FEBRUARY 12, 2024

Ttk Prestige Ltd vs Arjun Ram & Anr on 31 January, 2024 (Delhi High Court) The plaintiff had filed a design and trade dress infringement suit against the defendant for its brand ‘Prestige’. The Plaintiff has been using the infringed trademark ‘FLY HIGH’ since 2004.

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Trademark Social Media Registering Trademarks Copyright 103

Patently-O

AUGUST 1, 2023

This result is by design to ensure more national uniformity in application of the U.S. 54(b) partial final judgment is designed to sever aspects of the case and allow those to be immediately appealed. by Dennis Crouch The law of appellate jurisdiction routes almost every patent appeal to the Court of Appeals for the Federal Circuit.

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Patent Patent Infringement Patent Law Litigation 52