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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Patently-O

JULY 20, 2023

2023) The Timberland Boot trade dress case is pending before the Fourth Circuit, raising some interesting questions about the role of product trade dress vs design patents vs copyright vs utility patents. Timberland boots were first sold in the 1970s with a unique design that quickly resonated with consumers. Vidal (4th Cir.

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The TTABlog

MARCH 11, 2025

Less than one month after oral argument, the Board sustained this opposition to registration of DON'T MESS WITH TEX-MEX for restaurant service, finding confusion likely with the registered mark DON'T MESS WITH TEXAS for paper food containers, paper bags, and cups. 91194974, 2015 WL 1646447, at *13 (TTAB 2015). GFA Brands, Inc.,

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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.

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The IPKat

FEBRUARY 11, 2025

Background In 2015, an individual person filed for registration of German word mark GTA. Volkswagen submitted evidence showing that GTI was used as a trim level designation. The use in combination with the model designations Golf and Polo was deemed not to alter the distinctive character of the sign.

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IP and Legal Filings

FEBRUARY 24, 2025

In 2003, the firm’s trademark in Germany was protected due to its distinctive design. 1] In 2006, the International Trademark Association, INTA, officially recognized the importance of tactile marks by adopting a resolution in support of the recognition and registration of these marks. are two examples.

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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. Webinar 1 - Engineering, physics and digital innovations (22 January 2025, 16:00 to 17:30 CET) Webinar 2 - Chemistry, Pharma and Life Sciences (11 February 2015, 16:00 to 17:30 CET) You can read more details about topics and speakers here.

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Dear Rich IP Blog

AUGUST 27, 2023

Dear Rich: I am adapting needlework-like designs used in pottery/chinaware by creating patterns for needleworkers. What are the laws covering those designs for which I cannot get permission? What will happen if you use chinaware designs without permission? In 2015, the Copyright Office analyzed t he orphan works dilemma.)

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SpicyIP

JANUARY 26, 2025

Lokesh Vyas dwells on these questions in his post in the aftermath of SRAIs registration! The plaintiff claimed to have adopted the trademarks in 2006, acquired a registered design in 2019, and built significant goodwill for his products. The plaintiffs claims regarding his trademarks and registered designs were upheld.

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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.

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The TTABlog

FEBRUARY 10, 2022

Relying on Applicant's own advertising touting the design of its knife blade and its ease of manufacture (yielding lower cost), the Board affirmed Examining Attorney Caroline L. Moran's Section 2(e)(5) functionality refusal of the design of a "serration pattern" on the blade of a knife (shown below). See TTABlog comment below. -

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LexBlog IP

JANUARY 11, 2023

Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Registration of a Mask Work. Understanding Mask Work.

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SpicyIP

JANUARY 23, 2023

Delhi High Court sets aside the cryptic order passed by the Respondent, directs to consider the matter afresh Case: Alfred Von Schukmann vs The Controller General Of Patent, Designs and Trademarks and Ors. The Defendant argued that the suit design was published prior to the date of registration under a different trade name.

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IP and Legal Filings

APRIL 25, 2024

Introduction Section 3 of the Real Estate Regulation and Development Act, 2016 provides for prior registration of projects under the Real Estate Regulatory Authority that are undergoing completion as of the commencement of the Act and have not been granted a completion certificate by their respective local authorities.

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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.

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Indiana Intellectual Property Law

OCTOBER 18, 2021

Trademark Office issued the following 161 trademark registrations to persons and businesses in Indiana in September 2021 based on applications filed by Indiana trademark attorneys: Reg. INSPIRE DESIGN CENTER. A ALPHA DESIGN. ON DEMAND DESIGN CONCEPTS. RIFT WOOD COMPANY EXPERIENCE THE DIVIDE EST. 2015. COASTAL MIX.

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Registration Trademark Designs Design 52

43(B)log

AUGUST 19, 2021

26, 2021) Zamfir is a researcher in the field of cryptoeconomics and distributed systems; he and Vitalik Buterin are allegedly the two lead researchers of the proof-of-stake blockchain protocols known as Casper (name adopted around 2015). Thus, to prevail, Zamfir would need to rebut the presumptions created by the registration, and he didn’t.

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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.

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Patently-O

APRIL 12, 2024

By Dennis crouch The international IP community is moving toward further harmonizing legal protection for industrial designs. In the US, these are design patent rights. 2] This same issue has arisen in other IP treaty negotiations over the past few decades. [3] The USPTO is currently soliciting public input to help formulate the U.S.

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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.

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The TTABlog

JANUARY 3, 2022

The Board sustained this opposition to registration of the mark ALZHEIMER'S NEW JERSEY WALK TO FIGHT ALZHEIMER'S & Design on the ground of likelihood of confusion with the common law mark WALK TO END ALZHEIMER'S & Design , both marks for charitable fundraising services. Alzheimer's New Jersey , Opposition No.

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LexBlog IP

FEBRUARY 24, 2022

The Supreme Court held today that lack of knowledge of either fact or law can excuse inaccuracies in a copyright registration under Section 411(b)’s safe harbor provision of the Copyright Act. Unicolors created fabric designs but did not publish them at the same time. H&M moved for judgment as a matter of law. legal mistakes.”

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SpicyIP

MARCH 2, 2025

The Court held that the Single judge failed to appreciate that the appellant has been using the mark since 2015 and nor did the respondent argue that irreparable harm will be caused if the injunction is not granted. The Court held the marks to be deceptively similar and cancelled the registration of the impugned marks.

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The IPKat

APRIL 19, 2023

If a new user re-registers a name whose registration is expired, a new token is created. However, and beyond the fact that the registration is expired, any name maintains in the blockchain its own history. McCoy’s registration on the Namecoin blockchain expired In January 2015. are applicable to it. are applicable to it.

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TorrentFreak

OCTOBER 18, 2022

to an entity called Oksara LP in August 2015. Oksara LP’s registration documents, available on the UK’s Companies House portal, list B2B Consultants Ltd and BTD Enterprises Ltd as Oksara LP partners. The document revealed that ad broker Insticator had paid $10,376.61 KickassTorrents.

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SpicyIP

OCTOBER 6, 2024

Comments Invited for Amendments to the Geographical Indications of Goods (Registration and Protection) Act, 1999, by October 10 Comments invited for proposed amendments to the Geographical Indications Act. Sponsored] Registration Deadline Extended for the “Comprehensive Course on Patents” Organized by The IP Press In Collaboration with S.

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43(B)log

APRIL 29, 2024

The court found aspects of the copyright/§1202 claims claim insufficiently specifically pled and granted leave to amend, including to add sufficient detail to establish that the works at issue were not US works and thus exempt from the pre-suit registration requirement. This was classic Dastar. As stated in Luxul Technology Inc. 3d 1156 (N.D.

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The TTABlog

MAY 25, 2023

Applying the Morton-Norwich factors, and giving some weight to applicant's design patents, the Board concluded that the USPTO failed to make a prima facie case of functionality. There were no utility patents of record, nor any evidence showing that JBL touted any utilitarian advantages of this product design.

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Indiana Intellectual Property Law

AUGUST 6, 2021

Evansville, Indiana – In 2004, the Coca-Cola Company launched its Full Throttle® energy drink brand, which was later apparently acquired by Monster Beverage Company (“Monster”) in 2015. From that transaction, Energy owns multiple trademark registrations including the three at issue in this case, U.S. Registration Nos.

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IP and Legal Filings

JULY 28, 2022

The Department of Industry, which is the quasi-judicial authority responsible for filing, registration and other procedural aspects, has given a decision against McDonald’s. Again in 2015, McDonald’s filed for ‘Mac’ and ‘McCafe’ trademark separately in class 30 before DOI. Facts of the case.

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Intepat

NOVEMBER 14, 2022

” The system of trademark classification eases the process of registration of a trademark. Thus, it gives the trademark registration process a definite structure. The reason for this system is to give a definitive structure to the intellectual property rights granted by the registration of a trademark.

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The IPKat

AUGUST 2, 2024

The dispute has its roots in 2015 when trade mark applications were filed by estranged members of the Club (represented by another member, Mr Nigel Jacobs), some of whom were founding members and who had subsequently formed a new club under the same name. The Court readily ruled in favour of the opponent on the relative grounds.

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CopyrightsWorld

APRIL 29, 2022

On November 3rd, 2018, Thaler filed a copyright application for A Recent Entrance to Paradise, designating himself as the claimant and the work’s author as “Creativity Machine,” saying that the copyright should be transferred from the AI to him due to his “ownership of the machine.” says the author.

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CopyrightsWorld

APRIL 29, 2022

On November 3rd, 2018, Thaler filed a copyright application for A Recent Entrance to Paradise, designating himself as the claimant and the work’s author as “Creativity Machine,” saying that the copyright should be transferred from the AI to him due to his “ownership of the machine.” says the author.

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IP Tech Blog

MARCH 7, 2024

Moreover, because the EUIPO does not examine the validity/enforceability of these security interests, the truth is that they are usually registered and published in the Official Journal of the EUIPO when the registration formalities are complied with, whether or not the national laws have been complied with. The plain and simple answer is no.

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The TTABlog

JANUARY 12, 2022

114 USPQ2d 1497, 1502 (TTAB 2015) (quoting Coach Servs. , The mark has been registered and the registration is "incontestable" [ i.e., more than five years old and thus vulnerable to attack on limited grounds per Section 14 - ed.]. The applicant's word-plus-design mark is dominated by the word SPOTIFY. Yankees P’ship v.

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The IPKat

DECEMBER 16, 2021

CPL had a registered trademark in the word “Conphamol” and the design of the product packaging. The Court of Appeal rightly held that registration of copyright is not a requirement in Nigeria, and the High Court erred by relying solely on the fact of registration of the plaintiff’s “registered” proposal.

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