The IPKat

MARCH 25, 2024

Here’s what Henning writes: Works of applied art – the difference between design and copyright law by Henning Hartwig I. USM Haller modular furniture In 2011, the Court of Justice of the EU (CJEU), for the first time, had to decide on issues revolving around the protection of different categories of works under European copyright law.

Copyright Law 78

Copyright Law Art Design Designs 78

SpicyIP

AUGUST 31, 2023

On August 30, the office of the Controller General of Patents, Design and Trademarks (CGPDTM) released a public notice inviting comments from stakeholders to revamp the different IP guidelines and manuals. The invitation is specific to the Patents, Designs, Trademarks, GI and Copyright Manuals and Guidelines.

IP 110

IP Design Designs Patent Prosecution 110

Plagiarism Today

SEPTEMBER 28, 2021

In 2009, the Associated Press filed a lawsuit against artist Shepherd Fairey over the famous Obama “Hope” poster that he designed. As for the case itself, it was settled in 2011 with neither side surrendering their position. To that end, there are three particularly interesting cases to look at.

Fair Use 249

Fair Use Non-Fungible Tokens Copyright Derivative Work 249

U.S. Department of Commerce

OCTOBER 1, 2021

Manufacturing Week is designed to coincide with Manufacturing Day, which has been held the first Friday in October since 2011. Manufacturing Week expands upon the traditional Manufacturing Day launched by the Manufacturing Institute in 2011. It’s no secret the manufacturing sector has a major impact on the U.S.

Design 89

Design Designs Business 89

Patently-O

DECEMBER 20, 2022

In 2020, Storus (AKA “Mosaic Brands”) sued Ridge Wallet for both patent infringement (US7334616) and product-design trade dress misappropriation. Summary Judgment : Mosaic lacked product design trade dress rights. Mosaic also corroborated that testimony with invoices showing the SMCII was sold at a trade show in 2011.

Art 124

Art Branding Brands Branding 124

IP and Legal Filings

JANUARY 30, 2022

In 2005, Marcel and its licensee misappropriated Lucky Brand’s trademarks by replicating its designs and emblems in a new apparel line, according to the lawsuit filed by the Petitioner. Hence, the claim preclusion didn’t and couldn’t prevent the Petitioner from defending the 2011 Suit using its settlement agreement defense.

Trademark 105

Trademark Branding Brands Branding 105

Michael Geist

FEBRUARY 10, 2024

Bill C-11, the online streaming law that is now before the CRTC, was never really designed to address Bell’s broadcasting concerns. In fact, in 2011 I wrote about how this was likely to become a major issue for Canadian broadcasters dependent on licensing U.S. This was back in 2011. programming.

Government 145

Government Licensing Television Journalism 145

LexBlog IP

MARCH 5, 2024

A new federal bill aims to put golf courses on “par” with other architectural designs by expanding federal copyright protection to golf courses. This broad definition covers everything from literature to music to photographs, and — since a 1990 amendment to the Copyright Act — the design of buildings.

Design 52

Design Designs Copyright Intellectual Property 52

The IP Law Blog

FEBRUARY 10, 2022

The Second Circuit recently reversed an injunction stripping designer and Instagram influencer Hayley Paige Gutman of her Instagram accounts in a dispute with her former business partners. Gutman is a wedding dress designer and used the Instagram account @misshayleypaige to promote her designs and as a personal account.

Branding 98

Branding Brands Branding Design 98

LexBlog IP

OCTOBER 20, 2021

Over the last 20 years, the total number of design patents issued per year in the United States has erupted. As illustrated in the graph below and further highlighted in this animated graph, in the 30 year period between the years 1971 and 2000 a total of nearly 219,000 design patents were issued by the U.S.

Design 52

Design Designs Design Patent Intellectual Property 52

The IPKat

JUNE 5, 2022

Use in an online environment The court first set out a recap on case law illustrating what constitutes “use” in an online environment, including the decisions of the Court of Justice of the European Union in Google France [2010] RPC 19 , L’Oréal v eBay [2011] RPC 27 , and Coty Germany v Amazon Services Europe [2020] ETMR 27.

Design 144

Design Designs Branding Brands 144

The IP Law Blog

MARCH 3, 2022

Unicolors is the owner of copyrights in various fabric designs, including a 2011 copyright registration that consisted of 31 separate designs. it registered it as a single publication when some of the designs were apparently not put on sale to the public all at once), the registration should have been found to be invalid.

Copyright Infringement 98

Copyright Infringement Copyright Registration Copyright Law 98

The TTABlog

NOVEMBER 28, 2023

Monster alleged a likelihood of confusion between its registered "Claw" design mark for various goods and services, and applicant's "Circled MV" design mark for goods and services in eight classes. Peter Maher and Patricia Hoyt Maher , 100 USPQ2d 1018 (TTAB 2011). The standard is the same. See Nike, Inc. Text Copyright John L.

Design 58

Design Designs Copyright 58

Fish & Richardson Trademark & Copyright Thoughts

JUNE 16, 2022

Started in 2011, the Capital Pro Bono Honor Roll is an initiative of D.C. Designates high honors. Fish & Richardson is proud to announce that 26 attorneys from its Washington, D.C., office have been named to the 2021 Capital Pro Bono Honor Roll. courts in partnership with the D.C. Access to Justice Commission and the D.C.

Design 98

Design Designs Law 98

IP Law 360

AUGUST 18, 2023

A Second Circuit panel on Friday vacated $2 million in damages awarded to a sailboat designer in a decade-long trademark battle, finding that a Connecticut federal court erred in its conclusion that a rival boat maker should have known as early as 2011 that it could not use the disputed mark.

Design 40

Design Designs IP Trademark 40

The IPKat

SEPTEMBER 23, 2022

The Court of Justice of the European Union (CJEU) will soon issue its first ruling concerning the concept of “normal use” in EU design law (case C-472/21 ). In 2011, Monz Handelsgesellschaft International (design owner) registered a national design for “saddles for bicycles or motorbikes” at the German Patent and Trademark Office (DPMA).

Design 57

Design Designs Law Art 57

Patently-O

MARCH 11, 2022

” Rather, the design of the system is to create an open incentive field to generally encourage innovation, disclosure, and commercialization. The argument begins with an analysis of the Patent Act: (1) nothing in the Act actually requires human inventors; and (2) nothing in the Act requires “conception.”

Inventor 127

Inventor Patent Law Law Patent 127

The IPKat

DECEMBER 27, 2021

In addition, the notion of ‘counterfeit’ was taken to refer to “ items that look identical to a genuine product with or without the official branding/logo, but are not made by the brand and may be of lower quality, for example, a handbag of identical design to a “Chanel” with or without the Chanel logo.”

Social Media 117

Social Media Reporting Advertising Advertising 117

Patently-O

OCTOBER 30, 2022

These appear to be the first—and certainly the first precedential—Federal Circuit cases dealing with the merits of one of the numerous “Schedule A” design patent cases that have been filed in recent years in the NDIL. It is clear, from reading the decision, that the design patent infringement claims lacked merit.

Design Patent 98

Design Patent Design Designs Art 98

TorrentFreak

AUGUST 11, 2022

It all started in 2011 when the US Navy began testing Bitmanagement’s 3D virtual reality application ‘BS Contact Geo’ After some testing, the Navy installed the software across its network, assuming that it had permission to do so. Software Company Sues US Navy. ” 579 ‘Infringing’ Copies.

Copying 144

Copying Copyright Infringement Government Licensing 144

TorrentFreak

APRIL 24, 2023

In the years following its initial release in 2011, Minecraft captured a truly massive audience. EaglerCraft also infringes Mojang’s Minecraft copyrights by using Minecraft character designs and artwork to advertise these services.”

Copyright Infringement 143

Copyright Infringement Artwork Copyright Intellectual Property 143

IPilogue

OCTOBER 11, 2022

However, a study of Electronic Thesis Dissertations deposited between 2011-2015 at Concordia University, determined that nearly a quarter of hypertext links cited exhibited linkrot. For example, programs like WebCite provided an on-demand archive site, designed to digitally preserve scientific and educationally important materials.

Intellectual Property Law 111

Intellectual Property Law Journalism Intellectual Property Government 111

The IPKat

SEPTEMBER 4, 2022

Comment The first thing to note is that this application was lodged in 2011. First, because it reiterates once again that how a system of exceptions and limitations is designed does indeed matter. As a result, “The respondent State [.] failed to discharge its positive obligation under Article 1 of Protocol No.

Copyright 144

Copyright Copying Publishing IP 144

The IPKat

FEBRUARY 28, 2023

The legal situation regarding design protection for parts of a complex product in the EU is just that-- complex. Design protection in the EU is granted for the appearance of the whole or a part of a product ( Art. 1(a) of Directive 98/71 , ‘Design Directive’). 1(b) of the Design Directive ).

Design 82

Design Designs Art Licensing 82

Technology & Marketing Law Blog

MARCH 7, 2022

Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” A Google search turns up three different pairs of designs with differing degrees of similarity. b)(4)(i)(A) (2011). Factual and Procedural Background. 3d 1194 , 1196 (9th Cir.

Registration 98

Registration Blogging Copyright Design 98

Olartemoure Blog

JULY 17, 2023

Mattel countersued, arguing that Carter Bryant , the designer of Bratz and a former employee of Mattel, had created the dolls while working for Mattel under a contract that stated all his designs were the property of Mattel, thereby making the Bratz design Mattel’s intellectual property.

Intellectual Property 52

Intellectual Property Contracts Design Designs 52

IP and Legal Filings

JULY 28, 2022

It was back in January 2011 when Future Enterprises had officially filed ‘Mac Coffee and Eagle device’ trademark before DOI. However, McDonald’s can still appeal in higher court against the recent decision, which, McDonald’s previously in 2011 did not file any appeal in higher court. Conclusion.

Trademark 95

Trademark Branding Brands Branding 95

Patently-O

JUNE 28, 2022

” These two provisions were amended and removed respectively as part of the America Invents Act of 2011. 235, 290 (1991); Carroll Pursell, The Cover Design: Women Inventors in America, 22 TECH. & 881 (2011). ” Still, other provisions in the law were not changed during this makeover and remain male gendered.

Patent Law 103

Patent Law Law Inventor Patent 103

JD Supra Law

NOVEMBER 9, 2021

As part of its defense, Redbubble presented evidence that Atari had only complained to Redbubble once (in 2011) before bringing suit in 2018, and that when the lawsuit was filed, Redbubble took quick action to remove potentially infringing designs from its site. The jury in this case decided. By: Morgan Lewis

Trademark 56

Trademark Design Designs 56

The IPKat

MARCH 17, 2024

Kreglinger's first vintage of the wine promoted and sold as "New Certan" was the 2011 vintage, released in 2013. The label designer had received photos of VCC bottles and instruction from de Moor to use them as inspiration. For the earliest vintages, the label depicted the de Moor family home on their vineyard in Tasmania.

Design 107

Design Designs Marketing Marketing 107

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. Scarlet’s landmark victory in 2011 remains one of the most important of its kind but in the 13 years that followed, entertainment companies changed and consumption of pirated content changed.

Law 126

Law Publishing Marketing Marketing 126

Patently-O

MARCH 21, 2023

One oddity of this conclusion is that definition was added in 2011 as part of the America Invents Act, and without any suggestion on record that the amendment was intended to exclude robots or non-humans. Thaler’s new petition asks the U.S.

Inventor 122

Inventor Invention Patent Art 122

The IPKat

JANUARY 24, 2022

Last week, the General Court (GC) answered this question in the affirmative in its decision in T-483/20 Tecnica Group , concerning trade mark protection of the shape of an icon of Italian fashion design and history: the Moon Boots. Since then, over 20 million pairs have been sold.

Registration 142

Registration Copyright Copyright Infringement Branding 142

Technology & Marketing Law Blog

MARCH 19, 2022

As I’ve explained many times over, Section 230 by design applies when defendants exercise editorial discretion over third-party material; the whole point is to encourage entities to do more content moderation. First, Section 230 isn’t limited to defendants who act as a “passive conduit” for third-party content.

Publishing 126

Publishing Blogging Litigation Design 126

Technology & Marketing Law Blog

JANUARY 24, 2024

This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer. Gutman created a Pinterest account in 2011 and an Instagram account in 2012, shortly after she began working for JLM. Spartz, Inc. Christou v.

Social Media 105

Social Media Ownership Design Designs 105

TorrentFreak

AUGUST 17, 2023

Founded in 2011, AnonFiles.com became known as a popular hosting service that allowed users to share files up to 20GB without download restrictions. Both sites launched around the same time and shared a similar design and identical features.

Music 98

Music Reporting Design Designs 98

SpicyIP

DECEMBER 19, 2024

Ericsson (2018) discussed the need for a candid evaluation of all relevant information during the negotiation process for the designation of a licensor as willing ( paras 68 to 73). The DHC itself in its judgment in Intex v. Similarly, Thomas F.

IP 52

IP Licensing Confidentiality Litigation 52