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The Finished Article: Essays on Indian Designs Law. I am delighted to take this opportunity to share with the SpicyIP community the release of my book, The Finished Article: Essays on Indian Designs Law (Thomson Reuters, 2022, ISBN-13: 978-9393702173). Eashan writes about Indian intellectual property law on his Medium page.
To determine whether the use constitutes fair use or not is determined based on a number of factors like if they primarily include the purpose and character of the use, the nature of the copyrighted work, the amount used, and the effect on the market for the original work. Another important factor is market effect. Google, Inc.
Smartish claims that Scooch has been selling mobile phone cases that closely resemble Smartishs distinctive designs, particularly those from its popular “ Wallet Slayer ” series. According to the Complaint, Smartish, based in Austin, Texas , has been designing and selling mobile phone cases since 2011.
In many cases, manufacturing IP may be easy for any potential competitor, generic or biosimilar company to design around. It is challenging for generics and biosimilars to design around a drug substance patent, given that regulatory approvals are tied to the drug substance itself.
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.
It is a video game console with basically the same look and design as a PS5—even the box looks exceptionally similar. Overall, GS5 is an entirely counterfeit video game console that steals Sony’s design and modifies Nintendo’s games. A YouTube video unboxing this counterfeit console has attracted almost 8 million views.
Bill C-11, the online streaming law that is now before the CRTC, was never really designed to address Bell’s broadcasting concerns. When the company appeared before committee back in 2022, it said its primary risk was competition from foreign streaming services accessing the Canadian market directly and by-passing Canadian broadcasters.
The findings The UKIPO’s findings are based on a quantitative survey of 1,000 female (studies suggest that influencer marketing is “ highly gendered ”) consumers in the UK, aged 16 to 60 and who use social media at least once per week. The same appears to be true, at least in certain cases, for the purchase of counterfeits.
Here is what Nedim writes: Trade mark trouble in Paris: Pierre Cadaults journey beyond Netflix by Nedim Malovic Netflixs hit series Emily in Paris immerses viewers in the allure of Parisian elegance and the humorous chaos of cultural adaptation, seen through the adventures of Emily Cooper, an ambitious marketing executive.
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.
Case Summaries Guddu Gupta Trading as Ms Leela vs Suraj Gupta Trading As Ms Devi Leela … on 18 January, 2025 (Delhi District Court) The plaintiff, trading as Leela Cosmetics, alleged that his brother operating under Devi Leela Cosmetics, infringed upon his trademarks ROOP LADY and ROOP LEELA, as well as the design of his sindoor stick bottles.
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).
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. Gellis appeared first on Technology & Marketing Law Blog. The Real Estate Group. March 17, 2022). The complaint.
Importantly for this case, VCC produces two types of expensive French red wine involving various up-market grape types. Kreglinger's first vintage of the wine promoted and sold as "New Certan" was the 2011 vintage, released in 2013. For the earliest vintages, the label depicted the de Moor family home on their vineyard in Tasmania.
The BPI says this is the first time since website blocking began in 2011 that a mobile operator has begun blocking pirate sites. Considering the millions the company spends on advertising and marketing each year, EE makes absolutely zero personal appearance in the BPI’s announcement, not even a short comment from a spokesperson.
These new dolls captured about 40% of Barbie’s market share in five years, creating tension between Mattel and MGA. In 2011… However, the verdict was later overturned in 2011 when the court rejected Mattel’s claims and instead sided with MGA. The court awarded MGA over $137 million for copyright infringement.
That very little content was available to buy legally online not only helped to fuel the crisis, in this underdeveloped market many ISPs still had just one key product to sell; internet access and the bandwidth it consumed.
Non-conventional or Non-Traditional trademarks such as sounds, color, shape, scent or any other motion marks have emerged as a new innovative tools widely being used in the todays changing and competitive market era that redefine how brands connect with the public at large.
When Christie’s Auction House first entered the secondary art market of mainland China in 2005, it licensed its brand to a local auction house and received a total of RMB 97,000,000 (roughly $12,100,000) for its inaugural sale. [1] A relaxed regulatory environment helps explain the enormous growth of the Chinese art market.
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 at 1196.
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 ( No 10 168 441 ) was granted the following year.
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
The 19th Asean meeting, which took place in November 2011, saw the introduction of the Regional Comprehensive Economic Partnership. By integrating 16 nations’ markets, the Regional Comprehensive Economic Partnership (RCEP) aspires to make it simpler for each nation’s goods and services to be available throughout the region.
2011 FCA 228 as: The act of infringement must be completed by the direct infringer; The act would not have been committed “but for” the inducement or encouragement; and. The evidence indicated that the designs for the cassettes came directly from the parent company in California, which also made marketing decisions in Canada.
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. Gutman appeared first on Technology & Marketing Law Blog.
It apparently conducted market research and discovered that P&P was one of the most successful sellers on Amazon in this category. It further alleged that Johnson Enterprises intended to “deceive the public as to the source or origin” of its game to benefit from “P&P’s goodwill and reputation in the four in a row market.”.
Furthermore, it was only after Italy claimed 'Prosecco' as a protected designation of origin that the EU declared the 'Prosecco' grape variety would be renamed as 'Glera' in 2009. Prosecco from Northern Italy had been in the Singapore market since about 2011.
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. That assessment implies a certain interdependence between the factors taken into account.
However, those arguments were more theoretical than empirical; there weren’t a lot of high-profile examples of a mass-market consumer service deploying this strategy. 4) Social media “defective design” lawsuits go forward. Musk has bridged that gap. and the transition to a Web 3.0 Following the Lemmon v. TikTok bans.
In 2018, Eagle filed its Abbreviated New Drug Application (ANDA) with the FDA seeking to market a generic version of Par’s vasopressin injection product (Vasostrict) used for emergency blood pressure treatment. We have the ANDA filing, but there are always substantial design choices before final release. Eagle Pharm.,
Molagominola) and FNAC, thereby rejecting the existence of unfair competition in the marketing of certain idiosyncratic sweet containers. On June 25, 2021, the Civil Chamber of the Supreme Court dismissed the appeal filed by Happy Pills, S.L against Fresh & Good, S.L
That practice largely stopped in 2011 in the medical community when Medical Justice reversed course and stopped encouraging doctors to use gag contracts; and the CRFA’s passage further sent clear signals to the business community to quit it. 10, 2023) Robinson v. Hah , 2023 WL 5122503 (Tex.
Several large corporations have already begun developing new marketing efforts for this new digital environment after realising the enormous potential that exists here. The platform integrates platforms, digital accelerators, domain and design skills, and solid partnerships in a “rich creator-partner economy.”
Barbie, a name synonymous with an unattainable standard of femininity and the concept of commercial feminism, was designed to captivate the toy market with all its glittery pink magnificence. Products may also come in widely recognised packaging designs.
These items have restricted production and remain in the market only for a short duration of time. They almost never re-enter the market again. This creates scarcity of the product in the market. Basic principles of economics dictate that when a product is scarce in nature, its demand in the market tends to increase.
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?
In fact, and much to the contrary, it has been established national law and practice – prior and after ‘Cofemel’ – that the scope of protection correlates with the level of originality which, in return, corresponds with the degree of departure from the existing design corpus (i.e., the “degree of creative freedom exercised by the author”).
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.
In other words, Google did not merely copy the books; it made use of them to create a new and valuable product, in the form of the Google Books service, and one that, according to the court, did not compete with the existing market for books. This responsiveness is why other countries have become interested in U.S.-style
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. has invested heavily in marketing and brand promotion, making its trademark well-known to consumers.
23] observed that a trader acquires a right of property in a distinctive mark merely by using it upon or in connection with his goods…the trader who adopts such a mark is entitled to protection directly as soon as the article having assumed a vendible character is launched in the market… common law rights are left wholly unaffected. [24]
states became evident in a lawsuit from 2011 between a celebrity photographer and Marilyn Monroe’s estate ( Greene Archives v. For instance, the Indiana Civil Code § 32-36-1-8 (current through P.L. However, there is no federal law regarding the matter. Therefore, laws vary state by state. The legal differences between the U.S.
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
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. By: Sharon Urias, Esq. filed its patent infringement lawsuit against Samsung demanding $2.5 billion from its smart phone competitor. Judge Koh did grant a sales ban of the Galaxy Tab 10.1
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