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.

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SpicyIP

MARCH 4, 2025

The Controller of Patents & Designs ( pdf ). 2022) ( pdf ), the Delhi High Court noted how the Deputy Controller of Patents and Designs dismissed the Petitioners pre-grant opposition and granted the patent to the Respondent without considering the contention under Section 3(d) at all. Deputy Controller of Patents & Anr.

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The IPKat

JANUARY 1, 2025

He kept readers informed about the latest developments in trade marks, designs, AI, and copyright law. Kevin Bercimuelle-Chamot joined the IPKat as an InternKat at the start of 2023 and then continued as a GuestKat. We appreciate all your work over the last two years and we wish you good luck with your future endeavours, Kevin!

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Ownership IP Registration Intellectual Property 64

Michael Geist

AUGUST 5, 2021

York University has unsurprisingly been applauded by the education community, which having faced years of litigation launched by the copyright collective, now finds its position vindicated. Under the final 2011-2014 Access Copyright tariff for post-secondary educational institutions, for example, York would be liable to pay $24.80

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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.

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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.

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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.

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The IPKat

JANUARY 6, 2022

He’s been practising law since 2006 and working since 2011 in the IP Department at Pavia e Ansaldo. He specializes in IP litigation and transactions (also cross-border). With his previous focus on trade mark law, copyright, and design rights, Jan is always looking for interesting cases and new developments in the field.

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Social Media Intellectual Property Law Intellectual Property Litigation 69

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Vivian Cheng focuses her practice on trademark and copyright litigation and also counsels clients on a broad range of issues relating to trademark, trade dress, and copyright protection and enforcement, unfair competition, and false advertising. in biology and society from Cornell University in 2011. Louis in 2011, and his B.S.

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IP and Legal Filings

MARCH 24, 2023

Introduction The Plaintiff is engaged in the construction business and is the proprietor of trademark BURJNOIDA in class 37 (for building and construction services) as of February 2, 2011, which it claims to have been using since December 24, 2010.

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LexBlog IP

AUGUST 18, 2023

An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US. Has the Chinese Patent linkage framework worked as designed? Ltd. (“Chugai v.

Litigation 52

Litigation Patent Intellectual Property Brands 52

SpicyIP

JANUARY 26, 2025

Discussing this development in light of ongoing litigations concerning rare diseases treatments, Md Sabeeh Ahmad writes on accessibility of these drugs and whether Section 100 is a viable solution for the problem. The plaintiffs claims regarding his trademarks and registered designs were upheld.

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Trademark Art Registration Business 59

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

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Branding Branding Brands Trademark 98

CopyrightsWorld

FEBRUARY 10, 2021

In 2014, Apple and Google released a joint statement saying that it had agreed to settle all patent litigation with Apple and would even “work together in some areas of patent reform.”. The devices were found to infringe on Apple’s design patents that cover the front of the phones, and the arrangement of icons on the home screen.

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Intellectual Property Design Patent Designs Design 76

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 Designs Design 105

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 23, 2022

The Fellows program launched in 2011 and was designed for lawyers with eight to 15 years of experience. Pathfinders is a seven-month professional program designed to train high-performing, early-career attorneys on foundational leadership- and relationship-building. “I Mok received his J.D. Hardin-Smith received her J.D.

Patent Prosecution 52

Patent Prosecution Litigation Designs Design 52

LexBlog IP

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.

Designs 52

Designs Design Brands Branding 52

LexBlog IP

SEPTEMBER 15, 2022

The USPTO has had an accelerated examination program known as “Track-1” since 2011. In this way the program is said to be designed to foster “faster innovation.” I review large patent portfolios all the time, and Track-1 filings are increasingly common—especially in portfolios being actively litigated.

Litigation 52

Litigation Patent Application Designs Design 52

Michael Geist

AUGUST 3, 2021

Access Copyright launched the lawsuit against York over copying it said took place from 2011 to 2013, seeking to enforce a Copyright Board approved tariff. Under the final 2011-2014 Access Copyright tariff for post-secondary educational institutions, for example, York would be liable to pay $24.80

Copyright 103

Copyright Copying Copyright Infringement Licensing 103

azrights

JUNE 15, 2022

According to The Guardian , Mr Shahzad set up Muzmatch as a side business in 2011. Why would you persist in using a name, and accept the certain risk of litigation? I’d love to help you to learn how to create stand out brands that are designed to succeed. Founders need to understand and manage risks effectively.

Business 93

Business Brands Branding Branding 93

Patently-O

AUGUST 19, 2022

We have the ANDA filing, but there are always substantial design choices before final release. ” In re Brimonidine Patent Litig., I mentioned above that this form of ANDA-filing infringement is a legal fiction created by Congress to facilitate a more competitive marketplace. 3d 1366, 1378 (Fed.

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Branding Branding Brands Marketing 87

Patently-O

SEPTEMBER 6, 2022

government since 1863 (the “Lincoln Law”) and is designed as a mechanism for catching (and thus deterring) fraud against the Federal Government. government and will then receive a portion of any recovered damages (15-30% depending upon whether the Gov’t steps in to do the litigating). Schindler Elevator Corp.

Patent Law 61

Patent Law Law Patent Prosecution Patent 61

The IP Law Blog

SEPTEMBER 22, 2022

The district court granted the motion, ruling that P&P had failed to produce evidence “of secondary meaning” because it failed to show that consumers would associate its trade dress specifically with P&P, relying on a 2011 Ninth Circuit case, Fleischer Studios, Inc. P&P appealed the summary judgment ruling to the Ninth Circuit.

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Copying Marketing Marketing Advertising 98

Intepat

MAY 28, 2024

This success is largely attributed to Apple’s effective trademarking of various designs and sounds related to its products and services. Notably, Apple trademarked its store design in the United States in 2011. Design Aesthetics: Apple is known for its minimalist and sleek product design.

Trademark 52

Trademark Intellectual Property Brands Branding 52

Kluwer Copyright Blog

FEBRUARY 28, 2024

In this regard, an important precedent lies in the history of US litigation involving Google Books. style fair use: South Korea adopted it in 2011 , and it has been considered for adoption by Australia. Judge Denny Chin initially found Google liable for failing to secure the consent of copyright owners before scanning their books.

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Fair Use Copyright Moral Rights Copyright Law 138

Greenspoon Marder LLP

SEPTEMBER 20, 2012

In April 2011, Apple Inc. They also said that Samsung did not violate any of Apple’s patents in designing the company’s smart phones. They also said that Samsung did not violate any of Apple’s patents in designing the company’s smart phones. By: Sharon Urias, Esq. billion from its smart phone competitor. market.

Patent Infringement 52

Patent Infringement Brands Branding Branding 52

SpicyIP

JULY 22, 2024

Assistant Controller Of Patents And Design accepting an appeal against the Controller’s decision rejecting a patent application for “aerosol generating article with multi material susceptor.” The ban halted thriving e-cigarette manufacturing businesses and left researchers and designers seeking patents on e-cigarettes at a loss.

Invention 110

Invention Patent Patent Application Government 110

SpicyIP

MARCH 16, 2025

The Delhi High Court, noting the defendants failure to file a written statement and the clear evidence of counterfeiting, ruled in favour of the plaintiff, issuing a summary judgment, awarding damages, and imposing litigation costs. The appellant filed the present appeal.

Trademark 59

Trademark Copyright Brands Branding 59

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.

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Indiana Intellectual Property Law

SEPTEMBER 15, 2021

Gardens Alive, Inc (“Gardens Alive”) is reported to be a family of brands that provide fertilizers, pest and design control products, seeds, perennials, bulbs, nursery stock, gifts, games and mores. Gardens Alive acquired the assets of Weeks on June 5, 2011 out of a bankruptcy through its wholly owned subsidiary IGP Acquisition LLC.

Trademark 40

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Patently-O

MARCH 18, 2024

Specifically, the judge determined that the port boss slippage problem precluded the original prototype from being viable, and Mackay and Hewson’s design input, like the starburst grooves, helped solve that critical issue. Campbell filed a provisional application in 2011 and a non-provisional in 2012 that eventually issued in 2016.

Patent 59

Patent Inventor Patent Infringement Designs 59

Patently-O

FEBRUARY 8, 2022

That prevision bars an IPR petitioner involved in patent litigation from asserting any invalidity grounds that the petitioner had “raised or reasonably could have raised during that inter partes review.” The scope of estoppel provided by 315(e) has been subject to substantial litigation. ” Id. ” Slip Op.

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Litigation Art Invention Patent 56

The IPKat

APRIL 3, 2023

There, the CJEU held that, while unregistered designs are outside the scope of the Design Directive , they may qualify for copyright protection under the InfoSoc Directive ‘if the conditions for that directive’s application are met’, that is if they are their author’s own intellectual creation.

Art 52

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Patently-O

NOVEMBER 29, 2023

Vidal (No 23-135): This case challenges the “ Fintiv rule” that restricts the initiation of inter partes review in cases where parallel district court litigation is pending. 1, at 48 (2011). The PTO is changing its approach, but Intel argues that the Agency isn’t going far enough. Mangrove Partners Master Fund (No.

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Patent Law Law Patent Art 75

Copyright Lately

JULY 19, 2021

So while Yoakam’s case won’t be dismissed, he still runs the risk that after several years of litigation, the judge or a trier of fact could eventually find that the error in his termination notice wasn’t harmless.

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IP and Legal Filings

FEBRUARY 7, 2023

The platform integrates platforms, digital accelerators, domain and design skills, and solid partnerships in a “rich creator-partner economy.” The general public could view the collection’s three-dimensional designs by scanning a QR code. 181 (2011) DLT 716. [2]

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IP and Legal Filings

FEBRUARY 2, 2024

In Suo motu proceedings vs. Controller General of Patents, Design and Trademarks litigation [11] , The registered trademark of the pictures “Attukal Deity” and “Sabarimala of Women” is the subject matter. 8] 2011 (48) PTC 235 (Del.) (DB) Commercializing religion via trademarking god.

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