The IPKat

NOVEMBER 29, 2023

It, however, appears that the sign Crompouce® was registered as a trademark with the Benelux Office for Intellectual Property (BOIP) already in 2020 and the design was registered as a Benelux design in the same year. The validity of the design right(s) to the Crompouce® might be a topic for another post.

Cease and Desist 78

Cease and Desist IP Trademark Design 78

IP and Legal Filings

JANUARY 30, 2023

The Design Act. 2000 along with Design Rules 2001. Author: Rohit Soni, in case of any queries please contact/write back to us at support@ipandlegalfilings.com or IP & Legal Filing. References Singh R. New Delhi: Universal Law Publishing Co. New York: Longman; 2002. Intellectual property.

Intellectual Property 98

Intellectual Property Non-Fungible Tokens Trademark Copyright 98

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. 2] Adidas vs. The lawsuit raised an understanding of the value of enduring trademarks and the perils of “knock-off” designs. FAMOUS CASES OF TRADEMARK INFRINGEMENT 1.Foreign

Branding 98

Branding Brands Branding Trademark 98

The IPKat

DECEMBER 19, 2022

The AAs’ IP enforcement norms (modelled on Directive 2004/48/EC , Regulation 608/2013 , and Directive 2000/31/EC ) did not only favour IP rightholders. I also reached similar conclusions with regards to design law in a parallel study. Now, my research has shown that not all academic criticism was completely justified.

IP 126

IP Intellectual Property Law Copying 126

The IPKat

FEBRUARY 7, 2022

Whilst Asia has been rather dormant in the IP field this past week due to the Chinese New Year holidays, there have been a number of developments on the European side:- The Dragon Kat Designs The UK IPO is carrying out a Call for Views on that country’s design system. The deadline for responses is 25 March 2022.

Design 69

Design Designs Intellectual Property IP 69

Kashishipr

SEPTEMBER 20, 2021

SSPL was incorporated in 2004. The label in question was designed by an employee of SK Oil Industries. When SSPL was incorporated in 2004, SK Oil Industries had assigned it the label’s copyright. According to the plaintiff, the defendant used a similar trade dress and labeling for its soya bean oil products.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

The IPKat

OCTOBER 30, 2022

Kat readers interested in EU design law likely remember the textbook case concerning the validity of a design for a shower drain. This case, which reached the Court of Justice (CJEU ) in 2017, discussed whether the same public shall be considered when examining novelty, and individual character a design, respectively.

Design 78

Design Designs Art Law 78

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!

Registration 132

Registration Fair Use Copyright Design 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.

Law 132

Law Registration Publishing Design 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 Brands Branding 98

The IPKat

JULY 15, 2021

Tequila is protected in the European Union pursuant to the Agreement between Mexico and the European Community on the mutual recognition and protection of designations for spirit drinks of 1997 , as amended in 2004 and 2020.

Confidentiality 99

Confidentiality Design Designs Marketing 99

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 69

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.

Law 122

Law Publishing Marketing Marketing 122

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.

Music 122

Music Copyright Infringement Copyright Copying 122

Michael Geist

AUGUST 5, 2021

For example, the 2004 CCH decision is now widely regarded as Canada’s most consequential copyright decision, affirming the role of user’s rights and the need for balance in copyright. Yet Access Copyright has returned to its longstanding playbook of downplaying Supreme Court decisions and misleading its own members in the process.

Copyright 145

Copyright Copying Licensing Litigation 145

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 Branding Branding 52

The IPKat

JANUARY 22, 2024

In particular EU-wide injunctions for (alleged) infringement of EU trade marks or designs can be quite costly if they are lifted subsequently. When a provisional measure against an alleged IP infringement is lifted, the defendant must, in principle, be able to claim compensation for losses suffered as a consequence of the provisional measure.

Art 72

Art Intellectual Property Marketing Marketing 72

IPilogue

NOVEMBER 11, 2021

However, fair dealing’s designation as an “exception” inherently produces a negative implication: that copyright law is the “natural order” of things. The Court refers to it more specifically as a “user’s right”. That anyone’s use of a copyright-protected work infringes the copyright owner’s property.

Fair Use 110

Fair Use Copyright Law Copyright Intellectual Property 110

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.,

Registration 68

Registration Advertising Advertising Design 68

The IPKat

DECEMBER 23, 2022

On 24 January 2019, Hotel Cipriani S.P.A (‘Hotel Cipriani’) filed a revocation request against all of the goods designated to the contested EUTM, invoking Article 58(1)(a) EUTMR.

Marketing 75

Marketing Marketing Publishing Design 75

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.

Licensing 52

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 Design Designs 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.

Technology 79

Technology Government Design Designs 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.

Copyright Infringement 40

Copyright Infringement Copyright Design Designs 40

Michael Geist

AUGUST 3, 2021

Instead of operating as a part of a scheme designed to control collective societies’ potentially unfair market power, Access Copyright’s interpretation would turn tariffs into a plainly anti?competitive In 2004, the court emphasized users’ rights and balanced copyright.

Copyright 103

Copyright Copying Copyright Infringement Licensing 103

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.

Copyright 98

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.

Settlement 94

Settlement Licensing Privacy Business 94

Canadian Intellectual Property Blog

OCTOBER 14, 2020

Industrial designs are another useful tool in your IP arsenal and can be used to protect the three-dimensional features of a shape and configuration, as well as the two-dimensional features (patterns and ornaments) of finished products intended to be sold (e.g., Once granted, an industrial design offers protection for up to 15 years.

Intellectual Property 52

Intellectual Property Intellectual Property Law Design Designs 52

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.”

Advertising 75

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]

Design 52

Design Designs Design Patent Art 52

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.

Inventor 69

Inventor Ownership Contracts Intellectual Property 69

Technology & Marketing Law Blog

JANUARY 18, 2024

4) Social media “defective design” lawsuits go forward. Snap opinion , plaintiffs are–with some preliminary successes–arguing that social media services defectively design how they gather, organize, and disseminate third-party content. and the transition to a Web 3.0 Following the Lemmon v.

Law 111

Law Social Media Advertising Advertising 111

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

IP and Legal Filings

MAY 3, 2023

The Copyright , Designs and Patents Act of 1988 in the United Kingdom specifies in Section (1)(1)(a) that copyright exists in “original literary, dramatic, musical, or artistic works.” 5] Appeal (civil) 6472 of 2004. [6] 6] [2004] 1 SCR 339. [7] It was written with a distinct style and message. 1] [1916] 2 Ch 601. [2]

Copyright 98

Copyright Public Domain Copying Publishing 98

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.

Trademark 40

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