Kluwer Copyright Blog

OCTOBER 7, 2024

This time, the casus belli came from a question related to the requirements needed to allow the cumulation of design and copyright protection for works of industrial design and applied art (WAA). 23292/2015, reiterated by Cass. In addition, the Court of Appeal ruled out that the lamp was a protectable work of design under art.2(1)(10)

Designs 72

Designs Design Law Copyright 72

The IPKat

MAY 8, 2022

Here's what Hanne writes: Second time is a charm: Danish design company wins plant box war by Hanne Kirk On 22 April 2022, the Danish Eastern High Court handed down its decision in yet another dispute concerning applied art and the question of originality and infringement under copyright law. Its products are sold in more than 60 countries.

Designs 69

Designs Design Art Marketing 69

Patently-O

NOVEMBER 21, 2021

So much so that the post-1902 Act regional circuit design patent cases invalidating design patents on functionality grounds would come out oppositely under the Federal Circuit’s lax standards. In 2015, it sought copyright registration of this useful article as a sculptural work.

Designs 75

Designs Design Copyright Design Patent 75

The IPKat

MAY 16, 2023

The threshold for design protection in the EU is low. The design must be new and have individual character ( Art. 4(1) Community Design Regulation , ‘CDR’). The purpose of this grace period is to allow the designer or its successor to test the products in which the design is embodied in the market ( Recital 20 CDR ).

Designs 70

Designs Design Art Registration 70

Patently-O

FEBRUARY 10, 2022

2015) in finding that manufacture and delivery of a product in a foreign country can infringe a US patent if sufficient sales-activity occurred within the US. Here, apparently the patentee provided substantial evidence that the multi-year process of designs, simulations, test, reworking, sampling, pricing, etc., by Dennis Crouch.

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Patent Contracts Invention Designs 126

The IPKat

FEBRUARY 21, 2022

The Patent Box was introduced in Italy in 2015. In a nutshell, the previous system provided for an increased exemption of 50% of the income deriving from the economic exploitation of intangible assets (in 2015 the percentage of exemption was 30%, in 2016 40%).

Designs 72

Designs Design Patent IP 72

The IPKat

MARCH 25, 2024

If you knew how to complete this phrase in 2015, you are part of the few percent of consumers who heard of the city of Compton and knew about its connection with hip-hop and rap music. Background On 8 September 2015, BIW Invest AG (‘BIW’) applied for registration of EU trade mark no. Both trade marks were registered.

Music 109

Music Cinema Designs Design 109

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.

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Registration Designs Design Intellectual Property 59

TorrentFreak

SEPTEMBER 30, 2022

With Arcom supporting their every move, various rightsholders stepped up to take advantage of new legislation designed to make pirate site blocking more efficient, to combat mirror sites and proxies, and to further punish sites by restricting appearances in search engines and curtailing advertising opportunities.

Reporting 138

Reporting Designs Design Marketing 138

The IPKat

OCTOBER 9, 2023

The IPKat is received the following report by Katfriend Caroline Theunis (ELSA International) on the recent discussion of a Design Law Treaty at WIPO. They constitute the “SCT”, referring to the Committee covering design law issues within WIPO. If so, what should that entail?

Designs 72

Designs Design Law Trademark 72

The IPKat

FEBRUARY 3, 2024

Trade Marks and Designs Anna Maria Stein commented the latest decision ( T-537/22 ) about the validity of Lego's registered Community design for “Building blocks from a toy building set”. Alessandro Cerri discussed the recent CJEU decision on the scope of the referential use exception as amended by the 2015 Trade Mark Directive.

Designs 69

Designs Design Marketing Marketing 69

Kluwer Copyright Blog

NOVEMBER 17, 2021

Part 1 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 is available here , and parts 3 and 4 will be published on the blog over the coming days. . A decision in 2015 concerned the definition of “public” in the act of communication.

Law 52

Law Copyright Television Copyright Infringement 52

43(B)log

FEBRUARY 21, 2024

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.” Downloads declined after a 2015 peak. Also, by the end of 2016, WCT hadn’t paid taxes since 2015 and its certificate of incorporation was therefore suspended.

Marketing 59

Marketing Marketing Trademark Registration 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. 3d 983 (2015). Foreign Cases Apple v.

Brands 98

Brands Branding Branding Trademark 98

TorrentFreak

NOVEMBER 7, 2022

Copyright holders operating in Denmark, where just six million people speak Danish, view private torrent sites as unfair competition in what is already a relatively small market. Rights Alliance Director Maria Fredenslund says that the convictions are the product of hard work designed to wipe out all Denmark-based file-sharing sites.

Copyright 144

Copyright Music Government Reporting 144

Kashishipr

JULY 20, 2022

Although this may sound quite encouraging and motivating for those with original ideas, many famous brands out there are accused and widely recognized for being copycats in the market and, unfortunately, making a lot of money. The stories feature on Instagram is the same as that of its rival and competitor in the market, Snapchat.

Brands 52

Brands Branding Branding Marketing 52

SpicyIP

JANUARY 26, 2025

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.

Trademark 59

Trademark Art Registration Business 59

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.” Gutman’s personality and personal life, these were part of the overall marketing strategy for JLM.

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Social Media Ownership Business Brands 119

The TTABlog

FEBRUARY 16, 2023

The Board sustained Section 2(d) oppositions to the word-and-design marks shown immediately below, for Asian-themed cuisine and for restaurant services featuring same, finding confusion likely with opposer's common law mark RAMEN HOOD & Design (shown to the right) for Asian-themed restaurant services. menus and other printed items.

Designs 52

Designs Design Registration Copying 52

Patently-O

JULY 22, 2021

Chemours is a 2015 spin-off from Du Pont. The basic idea here is that an obvious valuable invention would already be in the market place. Market Share vs Sales Numbers : The Board also held that market share evidence (rather than merely sales numbers) is required for a showing of commercial success. Chemours Company v.

Invention 126

Invention Art Marketing Marketing 126

IPilogue

MARCH 6, 2023

On December 26, 2022, the Japanese IP High Court dismissed an appeal from Christian Louboutin (“Louboutin”), a shoe designer known for its iconic red-bottom heels, in its action against Japanese shoe designer, Eizo Collection Co., The court also took issue with Louboutin’s market research. 2015-29921 ). 2015-29921 ).

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IP Brands Branding Branding 59

Kluwer Copyright Blog

JUNE 1, 2023

The members of the European Copyright Society (ECS ) have recently sent a letter to Mr. Thierry Breton ( Commissioner for Internal Market , European Commission ) outlining their view of what should be the priorities for a f uture agenda in the field of copyright law. The letter is available here and its contents are reproduced below.

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Copyright Law Copyright Law Art 116

43(B)log

JULY 24, 2023

Thanks to its patents, Amgen enjoyed a temporary exclusivity period for pegfilgrastim injections until 2015. The first pegfilgrastim biosimilar hit the market in November 2018, and would ultimately be followed by five others, including Sandoz’s Ziextenzo in November 2019. Onpro” and “[w]ith PFS, FN incidence increased by 31% vs Onpro.”

False Advertising 92

False Advertising Advertising Advertising Marketing 92

The TTABlog

DECEMBER 5, 2022

The Board sustained an opposition to registration of the mark DANA DESIGN in the form shown below, for backpacks, hiking equipment, tents, and related goods, on the ground that the mark comprises the name of a living individual, Dana Gleason, without his consent and is therefore barred from registration by Section 2(c) of the Trademark Act.

Designs 49

Designs Design Registration Trademark 49

U.S. Department of Commerce

OCTOBER 6, 2022

Louis, the number of manufacturing jobs in the United States dropped from over 17 million in 2000 to just above 12 million in 2015. Many now are high-tech , from design and marketing to administration, finance and sales, and cybersecurity. As shown below, this trend can be seen using the U.S.

Marketing 99

Marketing Marketing Reporting Designs 99

The IPKat

SEPTEMBER 25, 2023

In 2015, the Cancellation Applicant filed a request for revocation of Ferrari’s International trade mark ‘Testarossa’, designating (amongst others) the European Union, initially registered by Ferrari in connection with the premier of its sports car series from the 80’s and 90’s.

Fair Use 119

Fair Use Registration Designs Design 119

IPilogue

SEPTEMBER 7, 2021

One of their core values and popular marketing point s is that “privacy is a fundamental human right.” After all, their security and privacy designs are so powerful that Apple allegedly can’t access encrypted user data— even if a government asks for it.

Privacy 105

Privacy Technology Reporting Brands 105

43(B)log

SEPTEMBER 7, 2021

has offered design and marketing services under the name “Uber” since 1999. describes its business as including graphic design like logos, stationery and brochures; promotional events and mailings; and consumer-oriented campaigns, like magazine advertisements. Uber Technol., 20-cv-2320 (PKC) (S.D.N.Y. 24, 2021) Uber Inc.

Graphic Design 59

Graphic Design Advertising Advertising Technology 59

SpicyIP

JULY 14, 2021

Olfactory marketing is not only employed by restaurants for their food, but is also often utilized in supplementing branding because just like a logo, it helps the consumer identify the experience associated with a service or product. Attars and Agarbattis: Protecting Traditional Cultural Expression through non-conventional Trademarks.

Trademark 126

Trademark Registration Marketing Marketing 126

The IPKat

JULY 15, 2021

Although the terms remain confidential, Miguel highlighted that the agreement is beneficial to both parties and that “ Tequila ” continues to be strongly protected in the European Union [its second-largest export market after the USA].

Confidentiality 99

Confidentiality Designs Design Marketing 99

IP and Legal Filings

JULY 28, 2022

Again in 2015, McDonald’s filed for ‘Mac’ and ‘McCafe’ trademark separately in class 30 before DOI. McDonald’s has evidently established its goodwill in the international market. The loss of McDonald’s in Nepal is a huge setback for the country and shows lack of progressiveness on the part of the country.

Trademark 97

Trademark Brands Branding Branding 97

U.S. Department of Commerce

SEPTEMBER 8, 2023

Businesses that prioritize diversity within their leadership ranks are better positioned to adapt to rapidly changing markets, leverage a wider range of perspectives, and capitalize on new opportunities. Population: 2014 to 2060,” (March 2015), [link] Tags Diversity, Equity, Inclusion, and Accessibility (DEIA) customer base. [6]

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Moral Rights Journalism Business Reporting 104

IP and Legal Filings

FEBRUARY 24, 2025

In 2003, the firm’s trademark in Germany was protected due to its distinctive design. Therefore, most tangible marks depend upon secondary meaning and, thus, there is a huge requirement for significant evidence, for example, consumer surveys, advertisements, and other market data. are two examples. link] [2] Mishra, N.

Trademark Law 52

Trademark Law Trademark Law Brands 52

TorrentFreak

JANUARY 15, 2024

Serial ‘Entrepreneur’ Tests Out Piracy Market A MEN report claims that 42-year-old Jordan Longbottom ran a ‘successful’ business selling pirate TV devices from his static caravan in Wales. By the time the case got to court, exactly how successful his venture had been was met with a significant difference of opinion.

Copyright 120

Copyright Brands Branding Branding 120

Technology & Marketing Law Blog

OCTOBER 28, 2022

But much of this business model is contingent on being able to sell flights directly through Ryanair’s site to control the market for ancillary services. 2015 WL 1289984 at 4 (N.D. March 20, 2015). That’s not what the statute is designed to prevent. emphasis mine). Koninklijke Philips N.V. Elec–Tech International Co. ,

Blogging 111

Blogging Cease and Desist Business Litigation 111

The IPKat

NOVEMBER 30, 2023

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.

Registration 135

Registration Advertising Advertising Law 135

Technology & Marketing Law Blog

JANUARY 18, 2024

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.

Law 111

Law Social Media Advertising Advertising 111