The IPKat

MARCH 10, 2023

The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg) on some recent EU design case law. The result in this change has been a very dramatic reduction in trade mark and design cases heard by the CJEU.

Design 96

Design Designs Law Intellectual Property 96

Patently-O

JULY 23, 2024

For several years, the most controversial part of the design patent world was patenting of portions of a display screen. The chart above shows the year-over-year numbers of design patents issued claiming some form of an animated or transitional display. This transience raises even larger questions about whether such designs qualify.

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IP Watchdog

OCTOBER 5, 2021

Under European Union (EU) law—specifically, Article 103(2) of Regulation 1308/2013—signs that qualify as protected designations of origin (PDOs) or protected geographical indications (PGIs) are shielded against any direct or indirect commercial use, as well as against any “evocation” of it that is likely to mislead a consumer as to the true origin (..)

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Design Designs Law Trademark 111

The IPKat

SEPTEMBER 24, 2024

Background of the case On 26 October 2018, the Estonian company Eco Oil OÜ filed the following EU Registered Design No. In particular, the invalidity applicant assumed that wooden saunas with the shape claimed in the contested CDR, such as the one produced and sold by the Lithuanian company Kelmolis UAB, existed at least since 2013.

Design 64

Design Designs Social Media Intellectual Property 64

TorrentFreak

SEPTEMBER 25, 2021

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.

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Publishing Reporting Copyright Copyright Infringement 145

The IPKat

NOVEMBER 24, 2022

On October 30, 2013, a German company applied to the German Trade Mark Office (DPMA) for a word mark “Black Friday”. On December 20, 2013, the trade mark was registered for a large number of goods and services in classes 9, 35 and 41. However, continued the Federal Patent Court, the wording of Sec.

Registration 119

Registration Advertising Advertising Art 119

Patently-O

SEPTEMBER 17, 2023

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.

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Design Patent Patent Infringement Design Designs 72

IP Watchdog

APRIL 21, 2022

On several occasions since 2013, including most recently with Commissioner Andrew Hirshfeld, the USPTO has adopted a modality for filling a vacancy in the office of the Director, not with an Acting Director as the VRA requires, but with a non-PAS official “designated” to “perform the functions and duties” of the Director.

Design 119

Design Designs Trademark Patent 119

Fish & Richardson Trademark & Copyright Thoughts

AUGUST 11, 2021

Columbia first sued Seirus in 2013 in federal court in Washington, alleging infringement of its design patent by the HeatWave fabric included within Seirus’ HeatWave products. Prior to trial, the Oregon court entered judgment that the design patent was not invalid and granted summary judgment of infringement of the design patent.

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Design Patent Design Designs Patent 73

Plagiarism Today

AUGUST 17, 2021

The lawsuit was brought James’ Designworks, an aggressive litigant that has brought many similar lawsuits over alleged infringement of its floor plans and home designs. According to the lawsuit, Smith penned a track named Can You Tell Me.

Reporting 130

Reporting Fair Use Plagiarism Licensing 130

TorrentFreak

JUNE 22, 2023

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.

Graphic Design 145

Graphic Design Reporting Design Designs 145

SpicyIP

NOVEMBER 15, 2024

Concurrently, resident industrial design work expanded by 27.6%, elevating the resident share from 61.0% As per this report, in 2023, resident patent filings increased by 29.3%, with Indian residents representing 55% of overall patent filings, a rise from 24.8% during the same period.

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Reporting Intellectual Property Technology Marketing 103

The IPKat

APRIL 26, 2023

A Registered Community Design (‘RCD’) enjoys protection only if it is new and has individual character vis-à-vis designs disclosed prior to its filing or priority date ( Art. 4(1), 7 of Regulation 6/2002 , ‘Design Regulation’). 7(1) Design Regulation ). 7(1) Design Regulation ). 6 of Directive 2005/29/EC.

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Design Designs Art Intellectual Property 60

The IPKat

NOVEMBER 30, 2021

Kat friend, Becky Knott, promises that she doesn’t just write about alcohol, see here , but a recent decision involving the Protected Designation of Origin for ‘Porto’ caught her eye (palate?). 1308/2013 (see here for the Regulation). The GC thought “yes”. Let’s take a look [BoA decision here , GC decision here , case no T-417/20].

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Public Domain Designs Design Registration 122

Corsearch

FEBRUARY 28, 2024

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.

Registration 59

Registration Design Designs Intellectual Property 59

The IPKat

JUNE 6, 2022

CIVC affirmed that “Champanillo” constituted an evocation of PDO “Champagne”, which is considered an infringement under Regulation (EU) No 1308/2013. In considering the case, the Barcelona Appeal Court expressed uncertainty regarding the interpretation of Regulation (EU) No 1308/2013, and so it requested for a preliminary ruling (case C?783/19

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Social Media Advertising Advertising Designs 129

The TTABlog

FEBRUARY 5, 2025

Country Innovation & Supply LLC , Opposition No. and several other BEAST-FORMATIVE marks for apparel and accessories. Howard Vernick and Coulter Ventures, LLC d/b/a Rogue Fitness , Cancellation No. 92072010 (January 30, 2025) [not precedential] (Opinion by Judge Cynthia C.

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Registration Designs Design Copyright 53

IP and Legal Filings

OCTOBER 12, 2022

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.

Design 52

Design Designs Copyright Artistic Work 52

SpicyIP

JANUARY 23, 2022

As part of the course pedagogy, two question papers from 2013 and 2016 will be solved and methods to draft claims, specification, and abstract will be discussed. Participants can also send in their solved questions from the years 2013 and 2016 and they will get individual feedback. may be addressed to eoffice@techlaw.in.

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Patent Drafting Patent Advertising Advertising 105

IP and Legal Filings

DECEMBER 23, 2023

is the duty of the proprietor of an OPC to designate a successor who will assume control of the business upon the proprietor’s demise. The One Person Company formation in India was introduced by the Companies Act of 2013. Ltd (1896) Section 2 (62) of the Companies Act, 2013 Section 3 of the Companies Act,2013.

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Business Reporting Contracts Designs 105

The IPKat

MARCH 22, 2023

The case saw the Consortium of producers of protected designation of origin (PDO) “Pecorino Romano” acting against Formaggi Boccea, an Italian cheese producer, which owns “Cacio Romano” trade mark. With this Kat’s feed being flooded with the news of the ruling in “Pecorino Romano” v.

Art 141

Art Registration Government Publishing 141

Fish & Richardson Trademark & Copyright Thoughts

MAY 4, 2022

Fish Principals Craig Deutsch , Jennifer Huang , and Grace Kim , discuss challenging design patents at the PTAB in their Law360 Expert Analysis article. Challenging design patents at the Patent Trial and Appeal Board is difficult — nearly two-thirds of petitions directed to design patents have been denied institution.

Design Patent 52

Design Patent Design Designs Patent 52

The IPKat

DECEMBER 29, 2021

Regarding detentions at the border, the most infringed right was trademarks , followed by designs , copyright and geographical indications. In this regard, the most infringed right was trademarks , followed by designs , copyright and patents. Maritime and road transport were the primary means for detained articles.

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Reporting Intellectual Property Marketing Marketing 130

IP Close Up

AUGUST 15, 2023

From 2013 to 2017 patent suits filed dropped by 35% and stayed that way through 2022. Excluding volume patent litigation filers, typically non-practicing entities (NPEs) Continue reading

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Litigation Patent Patent Troll Designs 92

LexBlog IP

MAY 3, 2022

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.

Design 52

Design Designs Trademark Intellectual Property 52

The IPKat

JULY 11, 2022

The case that offered the opportunity to address the above saw the producers of protected designation of origin (PDO) “Cava” opposing an application for a three-dimensional EU trade mark “CHENINE Brut PREMIUM CAVA BOTTLE” (on the right). 103(2)(a) Regulation 1308/2013 GIs are protected against undue exploitation of their reputation.

Art 132

Art Registration Law Designs 132

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. Prince appealed to the Second Circuit Court of Appeals, which largely reversed that decision in April 2013. To that end, there are three particularly interesting cases to look at.

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Fair Use Non-Fungible Tokens Copyright Derivative Work 279

IP and Legal Filings

FEBRUARY 5, 2024

Beginning with the Desirable Corporate Governance Code in 1998 and continuing through Chapter 11 of the Companies Act of 2013 , the idea of the independent director has been welcomed nearly universally. Duties of Directors Under the Indian Companies Act, 2013 – iPleaders.” 1 July 2021 Available at [link]. [2] 4] Pandey, Anubhav.

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Government Business Reporting Confidentiality 98

Olartemoure Blog

FEBRUARY 14, 2024

10, 2013 In 2013, Joel Joseph Simkhai, Scott Ryan Lewallen, and Morten Bek Ditlevsen patented this groundbreaking location-based dating system for apps, in this case for Grindr. Although one would think that a patent on such an item would be beyond obvious, Verlooy Herwig obtained a design patent on heart-shaped chocolate only in 2001.

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Patent Inventor Intellectual Property Design Patent 105

SpicyIP

MARCH 4, 2025

The Controller of Patents & Designs ( pdf ). 951/CHENP/2013, which the MadHC upheld, however, by only analysing one objection and deeming the rest unnecessary to be evaluated once one objection has been found to hold water. To quote a more recent instance, in Best Agrolife Limited v. Deputy Controller of Patents & Anr.

Invention 52

Invention Patent Application Patent Intellectual Property 52

TorrentFreak

NOVEMBER 5, 2022

On the other, companies based in countries now seen as the enemy have the power to effectively disconnect millions of people, using systems that were designed for precisely that job. In 2013, Irdeto announced that it had been selected by the Russian Satellite Communications Company to secure content distributed by RSCC satellites.

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Reporting Business Technology Designs 140

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 109

Design Designs Marketing Marketing 109

IPilogue

DECEMBER 6, 2021

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.

Trademark 111

Trademark Intellectual Property Intellectual Property Law Registration 111

Velocity of Content

JUNE 6, 2023

So, whether operating as an information team of one or many, it is essential to have a well-designed information management strategy – one that delivers fast, secure, and compliant access to content, maximizes the value of your content resources, promotes collaboration in a wide range of workflows, and simplifies copyright compliance.

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Copyright Design Designs Marketing 98

The IPKat

NOVEMBER 29, 2023

It, however, appears that the sign Crompouce® was registered as a trademark with the Benelux Office for Intellectual Property (BOIP) already in 2020 and the design was registered as a Benelux design in the same year. The validity of the design right(s) to the Crompouce® might be a topic for another post.

Cease and Desist 78

Cease and Desist IP Trademark Design 78

Patently-O

OCTOBER 7, 2022

Zahner Design Group v. Zahner’s Design Pat. D746,078 covers the ornamental design of a shower curtain as shown in the figures above. The examiner found some great prior art from 2013, which predates this particular design application filing date. Close-up of the Design Patent drawing. by Dennis Crouch.

Design Patent 78

Design Patent Design Designs Patent Application 78

Garrigues Blog

JULY 27, 2021

This time, we will take a look at other equally important branches of IP that are covered by the report: trademarks, industrial designs and creative industry (publishing). Industrial designs. As far as industrial designs are concerned, applications also increased in 2019 with respect to 2018, albeit by a timid 1.7%. Trademarks.

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Intellectual Property Design Designs Trademark 52