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. Therefore, Dastar ‘s unaccredited copying did not constitute a false designation of origin actionable under § 43(a) of the Lanham Act. 1125(a)(1)(B) (Section 43 of the Lanham Act).

False Advertising 115

False Advertising Advertising Advertising Patent 115

IIPRD

JUNE 29, 2022

It was awarded the world’s most valuable luxury brand for six consecutive years (2006-2012), topping even Chanel, Gucci, and Dior. The monogram was designed to help them brand their firm and prevent copycats from trespassing on their turf. Many readers may believe that all of these design registrations are superfluous.

Intellectual Property 98

Intellectual Property Branding Brands Branding 98

Copyright Lately

OCTOBER 25, 2021

As the story goes, they provided him with a copy of a few scenes from “Ghostbusters” in which the theme would appear. You can judge for yourself by downloading a copy of “Jap Herron” here. This prompted a lawsuit by Don Post Studios, which asserted that the Cinema Secrets mask was a copy of its own mask.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

Blogging 98

Blogging Copying Social Media Copyright 98

The TTABlog

JANUARY 8, 2024

The TTAB has re-designated as precedential its September 2022 opinion in this cancellation proceeding. Andrusiek's "actual" trademark use on comic books did not begin until 2017, but from 2006 he used the term as the name of a character, which the Board accepted as use analogous to trademark use, leading to the award of priority to Andrusiek.

Registration 58

Registration Trademark Social Media Design 58

Velocity of Content

NOVEMBER 25, 2024

7 When copyrighted works are used, AI systems typically make copies of the works to train and power AI outputs. 9 The reproduction right essentially gives copyright owners the exclusive right to make copies of their work or to authorize others to do so. 1858); Copyright, Designs and Patents Act 1988, c. Ginsburg & R.

Copyright 52

Copyright Derivative Work Intellectual Property Copying 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

TorrentFreak

SEPTEMBER 15, 2021

Voltage’s letter states that the alleged infringement represents breaches of the Copyright Designs and Patents Act (CDPA) in respect of the copying of the work (downloading) and distributing of the work (uploading). I thought everyone had learned their lesson but apparently not.”

Settlement 98

Settlement Copyright IP Reporting 98

Biswajit Sarkar Copyright Blog

DECEMBER 19, 2023

Definition of MSME The MSME Development Act, established in 2006, witnessed a significant overhaul in its definition within the Atmanirbhar Bharat package on May 13, 2020. With the enactment of the MSME Act,2006; an effective mechanism has emerged, enhancing the MSME claim settlement procedure and striving to make it more accessible.

Settlement 52

Settlement Intellectual Property Registration Design 52

43(B)log

AUGUST 18, 2021

SMRI ultimately sent one C&D in August 2006, and filed suit in June 2011. 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. apart from the mark as shown.”

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

Garrigues Blog

JANUARY 12, 2022

644/2006, of 6 April 2006 : Objective identity. Although slight variations or improvements in design are allowed, both inventions must be conceptually identical ( judgment of the Commercial Court of Oviedo No. 644/2006, of 6 April 2006 ). 10/2014, of 18 January 2014 , confirmed on appeal ).

Patent Infringement 52

Patent Infringement Invention Patent Patent Law 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

The IPKat

MARCH 26, 2024

As for the Source Survey, the High Court judge had correctly concluded that it was designed to have qualitative, rather than quantitative significance, and did not make the mistake of treating it as determinative of any issue. All Tesco had copied was the visual concept. The Court therefore found that they had not infringed copyright.

Copyright 57

Copyright Copyright Infringement Copying Social Media 57

The IPKat

MAY 9, 2024

018171305 ) as well as case law ( R-51/2006-4 , R-2069/2020 ). Furthermore, the EUIPO pointed out that the infringement cases cited by the Applicant are not sufficient proof of the trade mark’s distinctiveness, as many products are copied without enjoying protection under trade marks or design rights.

Marketing 48

Marketing Marketing Intellectual Property Design 48

IP Whiteboard

AUGUST 30, 2020

From some general Google searching, it seems common for people to download pictures of works they like and bring them to their tattooist to copy. According to Dr Marie Hadley from University of Newcastle: My unpublished research among tattooists in New Zealand suggests there can be a lot of pressure from clients to copy existing images. “I

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

IP and Legal Filings

JANUARY 22, 2024

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

LexBlog IP

JULY 5, 2023

In 2006, Hetronic entered distribution and licensing agreements with Hydronic Steuersysteme GmbH (later purchased by Abitron Austria GmbH). The Lanham Act applies to persons who, without the consent of the trademark registrant, “use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark.[if]

Trademark 52

Trademark Marketing Marketing Contracts 52

Kluwer Copyright Blog

JUNE 29, 2023

The AG is of the opinion that such national legislation is precluded by EU law and in particular by Article 3(2) of Directive 2000/31 , as well as Article 16(1) and 2(d) of Directive 2006/123. For a blog post detailing the hearing before the court see here.

Copyright Law 58

Copyright Law Law Copyright Publishing 58

IIPRD

NOVEMBER 14, 2023

Musical Arts, designs, pictures, software, material, and many other sorts of Intellectual Property can be transferred using an e-commerce platform in the digital age. There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. 16] Rule 3, Information Technology Act, No.21,

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

IIPRD

MARCH 17, 2023

However, the manufacturing, storage, distribution, sale, and import of nutraceutical products come into the purview of the Food Safety and Standards Act of 2006 (FSSA). Device Patent: it protects the ornamental design of something that has a practical utility.

IP 52

IP Intellectual Property Marketing Marketing 52

SpicyIP

MARCH 25, 2024

Kunal Makkar & Anr on 14 March 2024, Delhi High Court Image from here The petition concerned alleged violations of a previous judgment where respondents undertook not to imitate, copy, manufacture, or sell shoes imitative of the petitioner’s designs. Christian Louboutin Sas & Anr v.s

Trademark 52

Trademark Patent Copyright Confidentiality 52

IIPRD

MAY 4, 2023

While branding may also be important, especially with larger, established companies, trademark protection is generally less critical because it may protect the name, but does not prevent competitors from copying the function or form of a medical device. 10] (2006) IIILLJ 540 Del. 9] Act 39 of 1970. [10]

Intellectual Property 52

Intellectual Property Invention Public Domain Patent 52

Biswajit Sarkar Copyright Blog

AUGUST 30, 2023

John Doe Orders: A John Doe order is a form of pre-infringement injunction designed to protect the intellectual property rights of the author. Counterfeiting and Customs Rules: The term ‘counterfeiting’ means copying or imitating something with the intention of deceiving. Such an order is always granted ex- parte.

Trademark 52

Trademark Intellectual Property Business Brands 52

IPilogue

JANUARY 17, 2022

Photo from Cooper Hewitt , Smithsonian Design Museum, 1926. The previously copyrighted works enter the public domain, free to use and copy. Though the expansion of the public domain is cause for celebration, the honey-loving bear was already freely available for use in Canada since 2006. In 2022, A. public domain.

Public Domain 105

Public Domain Intellectual Property Copyright Social Media 105

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 13, 2021

PDF copy available. A popular option, especially in cases where it is not yet clear in which specific countries IP protection is needed, is to first file a Patent Cooperation Treaty (PCT) application, providing an opportunity to later enter the national phase in designated countries/regions. Fish principals Hyun Jin (HJ) In, Ph.D.

Intellectual Property 52

Intellectual Property Litigation Patent Prosecution IP 52

Barry Sookman

MARCH 24, 2020

5] The UECA is designed to implement the principles of the UNCITRAL Model Law in Canada. Determine how to provide the client with copies of the document executed remotely. Marini , 2006 CanLII 34269 (ONSC). It has three parts. Assess whether there is a risk that the client may be subject to undue influence or duress.

Contracts 52

Contracts Law Business Technology 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

PDF copy available. In fact, although most battery patents relate to technical features of a battery, a recent lawsuit related to design patents addresses a specific visual battery pack housing. 388, 391 (2006) (citations omitted). through enforcement at the ITC). Certain Lithium Metal Oxide Cathode Materials , Inv. 35 U.S.C. §

Intellectual Property 52

Intellectual Property Technology Journalism IP 52

Kluwer Copyright Blog

NOVEMBER 17, 2021

Mere skilled craftsmanship, using formal design elements based on the theories of harmony, rhythm and melody was, however, not able to enjoy copyright protection. Moreover, an individual product of effort eligible for protection could arise from the manner in which the various instruments were used.

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52

43(B)log

FEBRUARY 23, 2024

Sears/Compco said there was a right to copy things in the public domain; how did that go away? What if we could read that part of the opinion in ways that were less awful? is using his father’s famous name to promote himself politically (also highlighting the importance of small differences when it comes to speech in the political realm).

Trademark 45

Trademark Law Brands Branding 45

43(B)log

AUGUST 11, 2021

Significant rise in substantial similarity litigation starting in 2006—tripled. Share of 9 th Circuit opinions also exploded in 2006. Courts don’t do really prong one beyond assessing access (not independently assessing copying). Asay, An Empirical Study of Copyright Law’s Substantial Similarity Test 1005 cases found.

Trademark 72

Trademark Copyright Branding Brands 72