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Part II] Cryogas Judgment: Supreme Court Stops Copyright from Gaslighting Design By Aditya Bhargava In the first part of the post, I looked at how jurisprudence has evolved from the Microfibres case in 2006 up to the present case in Cryogas. This became known as the functional vs. aesthetic dichotomy in design cases.
Protection of trademarks is important for the following reasons: Preservation of brand identity Prevention of customer confusion Business investment protection Fair Competition Innovation in branding Famous infringement cases within the areas of intellectual property underline complex legal issues and stakes involved.
A list published by TalkTalk this week but dated September 14 reveals that seven domains designed to neutralize blocking will now be blocked by this ISP and most likely others including BT, Virgin Media, Sky, and EE. These so-called proxy portals are a pretty big problem for the publishers since they undermine blocking efforts.
Julius Bencko, Graphic Designer In the United States government’s superseding indictment dated February 16, 2012, Julius Bencko is described as a citizen and resident of Slovakia. With his former colleagues’ names rarely out of the media for long, Bencko spent much of 2012 and early 2013 retweeting news about the Megaupload case.
This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Still, ornamental logos found on the accused product can still be relevant as visual distractors in the process of evaluating similarities and differences between the claimed design and accused design.
Louis Vuitton Malletier is a French fashion house and one of the most recognisable luxury goods brands in the world. It was awarded the world’s most valuable luxury brand for six consecutive years (2006-2012), topping even Chanel, Gucci, and Dior. After 12 decades, it has become one of the most identifiable marks on the planet!
With the challenges posed by name saturation and the reduced availability of work marks, industrial designs are increasingly important within intellectual property strategies. When people think about designs they typically think of patents, but the world of protecting designs is far more extensive than that. respectively.
There are brands that, after a successful run, fall into oblivion. From an IP perspective, it might be the case that – together with the oblivion these brands fall into – the related trade mark registrations lapse too. NEHERA’ was in fact a well-known fashion brand that Jan Nehera found in Czechoslovakia in the 1930s.
In 2013, the chain of Zellers stores officially closed. However, HBC’s registration over its design mark was expunged by the Canadian Intellectual Property Office on September 24, 2020 for failure to renew. The Zellers Trademark: Then and Now. Zellers has been around since the 1930s, but in 1978, it was acquired by HBC. Pestco Co. ,
A large fields of things that can be registered as a trademark Traditional and Non Traditional Trademarks JM et al,2013 Trademarks can actually be anything from words, symbols, pictures but this has in recent years expanded to the non-traditional trademarks. Here are the main categories of elements that can be registered as trademarks: 1.
Various jewelry designers have obtained IP protection for their jewelry pieces that range from trademark protection of the brand value to protection of the design itself either through copyright and/ or patents. From 2013 to 2015, Cartier filed various design patents for their iconic panther designed jewelry.
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.
Like the United States, China offers protection for 2D and 3D designs of products and packaging, which is often known by U.S. Before diving into details, the chart below illustrates how 2D and 3D designs are protected as different IP rights in China. Protection of 2D Designs. Protection of 3D Designs. Trademark.
In pirate streaming, in part due to the way sites tend to copy each other’s branding, obvious long-standing players are less easy to identify. However, one platform that has stood the test of time is PrimeWire, which in one form or another has been around for perhaps eight years – even longer if its previous branding 1channel.ch
Introduction The brand ‘Haldiram’ has been synonymous with various savouries in India for many years, especially their legendary bhujia. A recent ruling by the Hon’ble Delhi High Court elevated the brand Haldiram as a well-known trademark. The name Haldiram has become synonymous with the aforementioned logo designs.
One of these brands that has popped up on the AmeriKat's Instagram are riding boots from Fairfox & Favor. A very popular design of one of these boots is based on a traditional Spanish riding boot - the Regina boot or Heeled Regina - which looks like the below (and for a closer look click here ).
Apparently, Monster launched its MONSTER ENERGY® drink brand including its ® mark (the “Claw Icon”) in 2002. Apparently realizing the importance of its brand, Monster owns at least fourteen federal trademark registrations that include the Claw Icon in various classes of goods and services (the “Asserted Marks”).
Conceived to decide whether nonverbal marks merit trademark protection, nonverbal marks fall into three categories: product packaging (also known as trade dress) which is capable of inherent distinctiveness ; product configuration (also known as product design) which is capable of acquired distinctiveness ; and tertium quid. 105 U.S.P.Q.2d
In 2013, Interprofession du Gruyère, sought and received from the USPTO a certification mark for a design with stylized font, for the letters “AOC”, a Swiss cross, and the words “LE GRUYÈRE SWITZERLAND.” This protected designation was superseded by adoption of the Protected Designation of Origin (“PDO”) for GRUYÈRE in 2001.
According to the SCA, the target market for the products was made up of discerning consumers who were more concerned with the precise brand of watch they required, and who would be less likely to be deceived or confused by the limited similarities between the marks.
According to the EUIPO case-law ( R-1489/2017 , R-788/2013 ), smileys or emojis are typically used in both advertising and private communication to express positive emotions. The history of The Smiley is an example of the work by brand licensors to protect their heritage. It serves as a friendly assurance of customer satisfaction.
Industria, based on Colombia, produces and distributes food products under two relevant brand names: Zenú and Ranchera. They’re successful brands: approximately $300,000,000 annually in sales of Zenú products and $100,000,000 in sales of Ranchera products. T]he one showed in the application is not mine.”
At the core, plaintiff alleged that defendant MGDH’s use of phrasing and imagery suggesting that Meadow Gold brand products are sourced in Hawai’i was misleading and deceptive because Meadow Gold products contain milk and other products, such as whipping cream, imported from the continental United States. the origin. the origin. the origin.
The Pumas alleged that defendants violated the New Mexico Unfair Practices Act based on their purchase of a Black & Decker-branded coffeemaker. Based on Black & Decker’s reputation, the Pumas thought the coffeemaker would be better than the lower-priced store brand and paid more for it as a result. if they are of another.”
A bit of factual background before we move ahead to the legal analysis: Allied Blenders, a liquor manufacturer, has held a registered trademark for ‘OFFICER’S CHOICE PRESTIGE WHISKY’ label since 2013. ’ In the case of Pernod Ricard India Private Limited v.
In 2013, Interprofession du Gruyère, sought and received from the USPTO a certification mark for a design with stylized font, for the letters “AOC”, a Swiss cross, and the words “LE GRUYÈRE SWITZERLAND.” The test turns upon the primary significance that the term would have to the relevant public.
Over the past few years, The IPKat has hosted a number of posts on the lengthy Danish saga relating to protection and infringement of copyright in pottery created by designer Anne Black. Now, the final word seems to have been spoken, as Katfriends Hanne Kirk and Charlotte Mittet Høfler (both Gorrissen Federspiel) report.
201 (Spring 2013). Steps Brand Owners Can Take to Deal With Brandjacking on Social Networks. SF Design Group. Fredman Design Group. Mitchell, Keep Your Friends Close: A Framework for Addressing Rights to Social Media Contacts, 67 VAND. 1459 (2014); Zoe Argento, Whose Social Network Account? TELECOMM. & & TECH.
Regardless, it sent a cease and desist to the defendants in 2022 who have a shop in Jaipur with a similar name and have registered the word mark in 2013. The Defendant on the other hand relied on the exception of the lack of novelty of the Plaintiff’s design and argued that there are many designs similar to the Plaintiff’s design.
Applicant SICPA Holding SA ran into double trouble when it applied to register the mark SHIFTMAG for "security consulting in the nature of professional consulting on magnetic stripe color shifting smart designs based on liquid crystal technology for visual card authentication, embed protection and brand identity customization.”
Although there are many well-known marks in the industry, registering marks is a vital process for businesses to safeguard their brand identity and intellectual property and to obtain exclusive rights over them. Afterward, they notify the designated member countries, which then examine the application according to their national laws.
WCT’s app was first released in 2014 for the iPhone and Pebble watch as a metric-tracking cycling app that was designed to “track speed, distance, altitude, and grade.” WCT’s Bike+ mark started as an ITU application on November 23, 2013 for “Downloadable mobile applications for recording and managing cycling activities.”
But for famed wedding dress designer, Hayley Paige Gutman, she certainly is ruing the Second Circuit’s recent decision to revive its 1999 holding of Ticor Title Ins. JLM”), to serve as a wedding, bridesmaid, and evening gown dress designer for JLM. As is often true in fashion, what once was old is now new again. Cohen , 173 F.3d
Illyrian Import claimed to be the exclusive authorized distributor and brand agent of a company ("GKS") that continuously sold GJERGJ KASTRIOTI SKËNDERBEU and SKËNDERBEU brandy in the United States since 2002. Priority: Applicant ADOL proved that it first used the subject marks in the United States in April 2004.
Introduction Intellectual property is anything created by the human mind, including ideas, innovations, industrial models, trademarks, songs, symbols, names, brands, etc. IPR protection permits the inventor, brand owner, patent holder, and copyright holder to benefit from his/her effort, and investment.
from Santa Clara University School of Law in 2013, his Ph.D. John McCormick works closely with businesses on brand adoption, protection, and enforcement in the U.S. He received his J.D. in medicinal chemistry from the University of Michigan in 2010, and his B.S. He received his J.D. He received his J.D., Louis in 2011, and his B.S.
Intellectual Property such as patents, trademarks, brand value, copyright, etc have become foundational assets for several businesses, seeking greater importance and attention. Masai is an international player in the footwear industry engaged in designing, marketing, and distributing shoes. Scenario in India.
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] However, taxes presents an even bigger challenge.
The damages award included $240,000 for infringing products sold directly into the United States, $2 million for infringing products sold to foreign customers who intended to ultimately sell those products into the United States, and $87 million for infringing products sold abroad and that were not designated for resale into the U.S.,
Since 2013, Donal has been included into the IAM 300 (the world's leading IP Strategists) an annual listing of those individuals identified as offering operating companies and other IP owners world-class advice on maximising the value of their intellectual property. He also has over 200 short papers on various aspects of IP published.
In the worst-case scenario, the infringer would be compelled to pay monetary damages that are typically calculated using a methodology designed to mimic the rate in a negotiated licensing transaction. 2013) — U.S. Motorola (U.S.
Some GIs indicate a very tight relationship with place; these are known in older protection systems as Appellation of Origins (also used for wine growing areas) or Protected Designations of Origin (PDOs), or in French, Appellation d ’ Origine Prot é g é e (AOP) or Appellation d ’ Origine Control é e (AOC).
What does the term ‘MOCCA’ evoke in your mind, a kind of coffee or a specific brand? Most of them regarded ‘MOCCA’ as a kind of coffee instead of a specific brand except one Italian colleague who also saw ‘MOCCA (almost phonetically identical to ‘Moka’)’ as referring to the Moka Pot (Italian wiki page for that here ).
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