Patently-O

APRIL 4, 2023

In 2015 Apple began using the mark APPLE MUSIC as its new music streaming service. Bertini filed an opposition to Apple’s TM registration which the TTAB eventually dismissed. Because Apple began using the mark APPLE MUSIC in 2015, Bertini has priority of use for APPLE JAZZ as to live musical performances.

Music 111

Music Registration Trademark Settlement 111

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 Design Designs Intellectual Property 59

SpicyIP

JULY 28, 2021

We are pleased to bring you a guest post by Yashi Agrawal on India’s recent accession to the Locarno Agreement, discussing inter alia the resultant amendments to India’s design laws and prospective benefits to India on becoming a part of the Locarno Special Union and Assembly. Yashi Agrawal. India and the Locarno Agreement.

Design 124

Design Designs Intellectual Property Editing 124

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.

Design 74

Design Designs Cease and Desist Design Patent 74

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.

Design 75

Design Designs 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 ).

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Design Designs Art Registration 70

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.

Music 107

Music Cinema Design Designs 107

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.)

Design 52

Design Designs Copyright Notice Public Domain 52

The IPKat

NOVEMBER 30, 2023

The case concerned the registration of 'Prosecco' as a GI in Singapore. This Kat was interested to see a court finally address this argument Singapore has offered protection for GIs since 1999, but it only adopted a registration-based system in the last decade with the Geographical Indications Act 2014 ('GIA').

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Registration Advertising Advertising Law 134

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

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. -

Design Patent 90

Design Patent Advertising Advertising Design 90

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.

Design 105

Design Designs Invention Registration 105

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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Registration Design Designs Copying 40

SpicyIP

JULY 14, 2021

Smell marks are or have been heavily debated around the world and are privy to their own set of issues in terms of registration. Internationally, the statutory requirements for the registration of non-conventional trademarks varies across jurisdictions. Issues and Barriers to the Registrability of Smell-marks.

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Trademark Registration Marketing Marketing 126

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.

Registration 52

Registration Settlement Law Blogging 52

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.

Design 49

Design Designs Registration Ownership 49

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.

Registration 52

Registration Trademark Design Designs 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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Registration Social Media Trademark Registering Trademarks 56

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.

Design 52

Design Designs Registration Copying 52

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.

Design 40

Design Designs Law Registration 40

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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Branding Brands Branding Trademark 98

Selvam & Selvam Blog

DECEMBER 6, 2024

For IndiGo, the 6E callsign has been an integral element of the official designator and a brand identifier for the past 18 years. IndiGo has also secured registration for the word mark 6E Link under multiple classes in 2015. IndiGo has also secured registration for the word mark 6E Link under multiple classes in 2015.

Trademark 52

Trademark Intellectual Property Registration Branding 52

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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Design Designs Registration Licensing 45

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.”

Registration 40

Registration Copyright Law Publishing 40

Garrigues Blog

MARCH 1, 2022

These amendments introduced important changes to legal regulations on geographical indications ( GIs ) and designations of origin (PDOs) of certain alcoholic beverages. However, Russia is finalizing its accession to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (2015).

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Intellectual Property Registration Contracts Blogging 98

The IPKat

SEPTEMBER 25, 2023

Pursuant to Article 58(1)(a) of Regulation 2017/1001 (EUTMR), a trade mark which has not been put to genuine use by its holder within five years after its registration may be liable to revocation unless there are valid reasons for its non-use.

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Fair Use Registration Design Designs 117

IP and Legal Filings

JANUARY 29, 2024

This is stated in Section 9 of the Act, which forbids the registration of GIs that are determined to be generic names or indications of goods. Additional analysis has revealed that the registration status varies greatly. Furthermore, if unauthorized registrations are not stopped, it can make it harder for authorized users to register.

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Registration Blogging Design Designs 98

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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Non-Fungible Tokens Artwork Contracts Art 120

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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Advertising Advertising Business Reporting 143

The IPKat

DECEMBER 21, 2023

Those machines have been imported into the UK for distribution and sale since June 2013, and marketed using the acronym ICE and the following logo: Both the Claimant and the First Defendant have trade mark registrations in the United Kingdom.

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Registration Intellectual Property Design Designs 67

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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Registration Copyright Licensing Trademark 105

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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False Advertising Intellectual Property Copyright Notice Advertising 59

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.

Design 40

Design Designs Design Patent Advertising 40

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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Cease and Desist Trademark Branding Brands 52

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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Trademark Registering Trademarks Registration Music 98

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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Trademark Branding Brands Branding 95

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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Trademark Intellectual Property Registration Journalism 57