IP and Legal Filings

AUGUST 28, 2023

Through sharing their agenda and beliefs the trade mark holders try to connect to their users and have found this to be a successful way to strengthen their reputation and goodwill in the market. Joy Creators, 2011 (45) PTC 541. [2] 2] Rintisch v. Eder (C-553/11). [3] 3] Louis Vuitton Malletier v. Dooney & Bourke, Inc., 3d 108 (2d Cir.

Branding 98

Branding Branding Brands Trademark 98

Intepat

JUNE 13, 2024

Owners of registered designs can pursue legal action against infringers; however, the ease of replicating designs and the difficulty in tracking widespread copying make enforcement problematic. Design piracy involves copying the visual elements of a product, such as patterns, shapes, and ornamentation.

Designs 52

Designs Design Branding Brands 52

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. Design Rights: By registering their product designs, they can prevent third parties from copying the original and new, aesthetic, or ornamental components of their creations.

Intellectual Property 98

Intellectual Property Branding Branding Brands 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. MSMEs foster innovation by nurturing aspiring entrepreneurs, encouraging the development of innovative goods that enhance market competitiveness and fuel sustained growth.

Settlement 52

Settlement Intellectual Property Registration Designs 52

IIPRD

MARCH 17, 2023

Subsequently, the healthcare sector has gained precedence and command over the market. The global nutraceutical market (including functional food, functional beverages, and dietary supplements) is anticipated to grow by 7.5% (CAGR) between 2022 and 2027, in which the United State market share is considered to be the biggest.

IP 52

IP Intellectual Property Marketing Marketing 52

The IPKat

MAY 9, 2024

018171305 ) as well as case law ( R-51/2006-4 , R-2069/2020 ). The EUIPO therefore concluded that the sign in question is just one more variant of the many existing on the market that adopt simple decorative elements, alone or in combination with each other. 018153472 , EU trade mark no. 018734154 , EU trade mark no. 018840443.

Marketing 49

Marketing Marketing Intellectual Property Design 49

43(B)log

AUGUST 18, 2021

During this period, defendants continued to grow and develop their inventory and marketed “Sturgis” and “Sturgis Motor Classic” rally products. SMRI ultimately sent one C&D in August 2006, and filed suit in June 2011. It also stopped using “Officially Licensed Sturgis,” “Licensed Sturgis,” and “Authentic Sturgis.”

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

LexBlog IP

JULY 5, 2023

In 2006, Hetronic entered distribution and licensing agreements with Hydronic Steuersysteme GmbH (later purchased by Abitron Austria GmbH). When Abitron purchased Hydronic in 2014, they began selling products identical to Hetronic’s remote controls in foreign markets with the recognizable black-and-yellow coloring.

Trademark 52

Trademark Marketing Marketing Contracts 52

IIPRD

NOVEMBER 14, 2023

of the population of India having ingress to the world wide web and ever growing e-commerce market which is forecasted to reach about twenty billion euros by 2030, it becomes pertinent to analyse the interconnect between these two. [1] Kiren Willy, India: e-commerce market size 2030 | Statista , [link] (last visited Sep 7, 2023).

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

LexBlog IP

JULY 5, 2022

In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. Scenario 2: Protecting Novel Designs by Patent.

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

Kluwer Copyright Blog

DECEMBER 20, 2022

At the same time, however, Article 6 of the Term Directive ( Directive 2006/116/EC ) also states that “Member States may provide for the protection of other photographs” and thus leaves to each Member State’s own discretion the decision of whether to provide some protection to non-original photographs in addition to “original” ones.

Copyright 59

Copyright Related Rights Artistic Work Public Domain 59

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 64

Copyright Law Law Copyright Publishing 64

Above the Fold

JULY 5, 2022

In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. Scenario 2: Protecting Novel Designs by Patent.

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

SpicyIP

MAY 15, 2023

Case: Holyland Marketing Pvt. Delhi High Court observes that there is a need to relook at the exclusions under Section 3(k), directs the registry to share the copy of the judgement with DPIIT. vs Vijay Pal Vineet Kumar And Co. The court noted that it cannot be left to the Industries Dept.

Trademark 103

Trademark Registration Cease and Desist IP 103

IIPRD

MAY 4, 2023

The portion of the total market that involves electronically enabled medical devices continues to expand. Corporations may become aware of these applications and want to patent and market them for their own benefit. More and more involve collecting data that is processed via algorithms “in the cloud”. Grace & Co. 7] 569 U.S.

Intellectual Property 52

Intellectual Property Invention Public Domain Patent 52

The IPKat

JUNE 23, 2022

In most trade mark cases waiting a little longer to see the Defendant off the market would not, in my view, cause the Claimant a huge additional loss. Regulations 2006/1028 which provide for the consideration of moral prejudice in assessing damages, noting that the case law on its meaning “remains sparse”.

Branding 75

Branding Branding Brands Litigation 75

LexBlog IP

JULY 11, 2022

This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder. Published in Landslide , Vol. 4, June/July 2022, by the American Bar Association.

Marketing 52

Marketing Marketing Law All Rights Reserved 52

The IP Law Blog

JULY 11, 2022

This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder. Published in Landslide , Vol. 4, June/July 2022, by the American Bar Association.

Law 52

Law Marketing Marketing All Rights Reserved 52

Biswajit Sarkar Copyright Blog

AUGUST 30, 2023

Trademarks are influential in tracing the source from which a product is being manufactured and sold in the market. Counterfeiting and Customs Rules: The term ‘counterfeiting’ means copying or imitating something with the intention of deceiving. However, it must be kept in mind that a trademark has to be a visual representation.

Trademark 52

Trademark Intellectual Property Business Branding 52

Plagiarism Today

FEBRUARY 10, 2022

Though he clarified that they were not “direct copies”, he claimed there were similarities in style, color choices and techniques used that were overwhelming to him. In 2006, he was accused by a graphic artist, Robert Dixon, of plagiarizing elements of Valium from his Dixon’s work. Bottom Line.

Plagiarism 279

Plagiarism Art Marketing Marketing 279

Technology & Marketing Law Blog

JUNE 8, 2024

We usually get ours at the local farmers market.] The court said that the trademark owner had been using the trademark since 1985 and registered the trademark in 2006. Still, there should be many circumstances where descriptive fair use permits the defendant to use the term “Texas tamale” in the ad copy.

Trademark 129

Trademark Advertising Advertising False Advertising 129

Technology & Marketing Law Blog

JUNE 20, 2023

Similarly, when an artist lawfully creates a derivative work based on a photograph, and copies of that derivative work are reproduced and distributed to the public, ordinarily the owner of copyright in the photograph and the owner of copyright in the derivative work are entitled to royalties. . 36, because remote controls did not exist.)

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

LexBlog IP

FEBRUARY 28, 2022

Also in its amended opinion, in light of the Supreme Court’s decision in Google , the court placed newfound emphasis on the consideration of the “public benefits” the copying will likely produce as part of its analysis of the fourth fair use factor—the effect of the use on the market for the original. 17 U.S.C. § at 36, 43. [14]

Fair Use 97

Fair Use Derivative Work Art Licensing 97

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 13, 2021

PDF copy available. For battery-related patents, in particular, it is important to consider where and how big the present markets are for the invention. eBay Inc v MercExchange, LLC , 547 US 388, 391 (2006) (citations omitted). Fish principals Hyun Jin (HJ) In, Ph.D. Read the full article on I ntellectual Property Magazine.

Intellectual Property 52

Intellectual Property Litigation Patent Prosecution IP 52

LexBlog IP

AUGUST 31, 2022

Swaminath, “ Jokes a Part: In Defense of Humor ,” 48 Indian J Psychiatry 177–180 (2006)]. petition (at 5 ), “Respondent VIP Products LLC copied Jack Daniel’s marks and trade dress to make a dog toy, ‘Bad Spaniels,’ that imitates a Jack Daniel’s whiskey bottle while adding poop humor.”

Fair Use 52

Fair Use Trademark Moral Rights Law 52

LexBlog IP

NOVEMBER 30, 2022

Meredith Corporation : In one case, the alleged infringement involved the copying of approximately 170 recipes, which were accompanied by “much other instructive and valuable matter and information for household and family purposes.” Since 2006, a third prime time game has also been played on Thanksgiving.

IP 52

IP Intellectual Property Fair Use Trademark 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

PDF copy available. But as more players enter the market and obtain patent protection for their innovations, IP disputes among competitors are heating up. For battery-related patents in particular, it is important to consider where and how big the present markets are for the invention.

Intellectual Property 52

Intellectual Property Journalism Technology IP 52

The IPKat

JANUARY 27, 2025

Case C-840/24 concerns the distribution, by collective management organisations (CMOs), of proceeds from private copying and lending rights. The request asks whether publishers may benefit from a fund, run by a CMO and funded through compensation for private copying exception and public lending rights. They are both members of VG Wort.

Copying 69

Copying Publishing Art Copyright 69

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). But you’re also raising market entry barriers, so new entrants will innovate less.

Trademark 72

Trademark Copyright Branding Brands 72

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 Branding Branding 45