Technology & Marketing Law Blog

DECEMBER 5, 2022

Case Citation : Digital Marketing Advisors v. Benjamin. * How Have Section 512(f) Cases Fared Since 2017? HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. The post 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. McCandless Group, LLC, 2022 WL 17403067 (C.D.

Marketing 85

Marketing Marketing Cease and Desist Fair Use 85

The IPKat

JANUARY 25, 2024

By decision of 24 January 2024 ( T-537/22 ), the General Court of the European Union (GC) confirmed the validity of the Registered Community Design (RCD) by Lego A/S (Lego) “Building blocks from a toy building set” by stating that an RCD is invalid only if all its features are excluded from protection. On 2 February 2010 Lego obtained RCD No.

Design 72

Design Designs Registration Intellectual Property 72

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. When his plane touched down in March 2017, police welcomed him back onto British soil by placing him under arrest.

Copyright 120

Copyright Branding Branding Brands 120

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.

Design 69

Design Designs Art Marketing 69

IP and Legal Filings

OCTOBER 23, 2023

These E-commerce platforms make it simple to access consumer goods from a computer or smart phone, but they also, by their very nature, make it simple for counterfeiters to market their counterfeit goods. In the year 2017 the market value of the E-commerce was $38.5 Nakul Bajaj &Ors, [Civil Suit No. 344/2018]. [6]

Marketing 98

Marketing Marketing Trademark Registration 98

IP and Legal Filings

DECEMBER 17, 2024

Non-conventional or Non-Traditional trademarks such as sounds, color, shape, scent or any other motion marks have emerged as a new innovative tools widely being used in the todays changing and competitive market era that redefine how brands connect with the public at large.

Trademark 52

Trademark Branding Branding Brands 52

IPilogue

APRIL 12, 2022

In 2017, AmoGood was involved in the first Chinese legal action against movie recap producers. Autoai Design Co., The market for this content has continued to grow, with an increasing number of creators uploading videos to YouTube and various video platforms. G Movie began producing movie recaps in 2017 and has 1.84

Intellectual Property Law 119

Intellectual Property Law Television Copyright Infringement Fair Use 119

The TTABlog

APRIL 17, 2023

Chizena went down swinging in this consolidated opposition to his applications to register the word marks ALL RISE and HERE COMES THE JUDGE and the design mark shown below, for "clothing, namely, t-shirts, shirts, shorts, pants, sweatshirts, sweatpants, jackets, jerseys, athletic uniforms, and caps." Pro Boxing Supplies, Inc. ,

Trademark 95

Trademark Design Designs Licensing 95

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.

Registration 59

Registration Design Designs Intellectual Property 59

The IPKat

JULY 7, 2022

Concern is often expressed that design rights that are limited in time may be unduly extended in perpetuity through trade mark registrations and thus extended to create a monopoly for a particular shape. Three-dimensional marks are notoriously difficult to register.

Marketing 115

Marketing Marketing Registration Design 115

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. Initially, the Diplomatic Conference to adopt the DLT was scheduled to take place in 2017.

Design 72

Design Designs Law Trademark 72

IP Tech Blog

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

Design Patent 57

Design Patent Design Designs Patent 57

IPilogue

OCTOBER 28, 2021

In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. In Pyrrha Design Inc. where original jewellery designs are automatically protected under copyright law as sculptural or pictorial works.

Intellectual Property 115

Intellectual Property Design Designs Copyright 115

The IPKat

AUGUST 17, 2022

The quest for practical and entertaining cases often raises various dilemmas with companies: they are forced to come up with new and quirky solutions in an ever-growing competitive market where children are also in focus. These had been circulating on the market since, at least, 2017.

Registration 91

Registration Design Designs Marketing 91

U.S. Department of Commerce

OCTOBER 31, 2022

University of the Basque Country broadens first responder app market and simplifies device certification process. These differences make it challenging to design effective tools, resulting in barriers to entry for the creation of public safety communication tools in the marketplace. Impacts on the global market.

Marketing 110

Marketing Marketing Design Designs 110

SpicyIP

NOVEMBER 18, 2024

Highlights of the Week Don’t Offend My Oats: Generic Disparagement, Market Leadership, and Marico Limited vs. Alpino Health Foods Recently, the DHC passed an order prima facie finding that Marico’s “Saffola oats” TM was “generically disparaged” by Alpino’s advertisements. Anything we are missing out on?

Trademark 105

Trademark Cease and Desist Music Copyright 105

The TTABlog

JANUARY 17, 2024

Because Crossfirst's filing date was in 2019 and California's in 2017, California had priority. California claimed that its ring design mark is commercially strong, but its evidence did not relate solely to the ring mark. It included evidence regarding use of that mark with the bank name.

Design 53

Design Designs Registration Service Mark 53

The IPKat

FEBRUARY 21, 2022

Given this inconsistency, in 2017, the scope of the Italian patent box was narrowed by excluding the income generated by the use of trademarks (Article 56 of Decree-Law no. 50 of 24.4.2017).

Design 72

Design Designs Patent IP 72

The TTABlog

JUNE 26, 2024

It sought cancellation of a registration for the mark PREDATOR & Design , issued in 2017, for soft drinks and energy drinks made with natural ingredients, claiming lack of bona fide intent and abandonment. marketing strategies, U.S. based athletes, engaged in various negotiations with U.S. created a U.S. retailers.

Design 56

Design Designs Registration Social Media 56

Technology & Marketing Law Blog

OCTOBER 2, 2022

The plaintiff, NOC, is a teenager who has copyrighted designs in hand-drawn dots that Target allegedly copied in the clothing line. However, Target’s allegedly infringing works apparently were designed no later than December 2017. Reposted to Instagram in 2017 and got 168 likes and 4 comments. Target Corp.

Copyright 105

Copyright Artwork Design Designs 105

Plagiarism Today

NOVEMBER 16, 2022

According to DeviantArt, the opt-out toggle simply adds a pair of flags to the pages , “noai” and/or “noimageai”, that is designed to block third parties from using the image in their training. Nearly all the marketing focuses on using the new service rather than what it means for existing artists. Bottom Line.

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Artwork Art Reporting Plagiarism 264

Technology & Marketing Law Blog

MARCH 15, 2022

That’s by design–the DMCA was designed to resolve matters outside of court. Now, imagine the rightsowner also overclaimed trade dress protection for its sage leave design. Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Chen appeared first on Technology & Marketing Law Blog.

Copyright 134

Copyright Fair Use Cease and Desist Litigation 134

TorrentFreak

SEPTEMBER 29, 2022

“[T]he illegal market on the Internet is constantly and rapidly developing, which is why it has been necessary to carry out a slight revision of the CoC agreement,” Rights Alliance explains. In 2017, Danish ISPs were blocking around 100 pirate sites , a figure that jumped to 478 in 2020.

Publishing 144

Publishing Copying Copyright Design 144

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. Defendant had not obtained the Deposit Design from the Copyright Office. Defendant had not tried to find out why Amazon kept reinstating Plaintiff’s listing.

Registration 132

Registration Fair Use Copyright Design 132

Patently-O

OCTOBER 24, 2022

Rothy and Birdies compete in the shoe market. Rothy’s launched its knit loafers in 2017; Birdies launched its product in 2021 and Rothy’s sued for infringing three of its design patents. For invalidity, the district court concluded that the prior art wasn’t quite good enough to find the design obvious.

Design 90

Design Designs Art Design Patent 90

Technology & Marketing Law Blog

AUGUST 25, 2022

” In May 2017, LinkedIn sent hiQ a C&D and blocked its IP addresses. In August 2017, the district court: found that hiQ showed a likelihood of irreparable harm, crediting hiQ’s assertion that the survival of its business was threatened absent a preliminary injunction. hiQ sought relief from the courts.

Cease and Desist 110

Cease and Desist Business Litigation Law 110

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.” WCT’s principal testified that he continued developing a new version of the Bike+ app from 2017 until 2020, writing “over 2.4 But a jury could find bona fide use.

Marketing 59

Marketing Marketing Trademark Registration 59

Technology & Marketing Law Blog

AUGUST 8, 2021

” Market Effect. “Plaintiffs have adequately alleged that a member of the general online public ‘might see the EMMY Statuette Design as used by Defendant and mistakenly believe that there is a link between Plaintiffs and Defendant or find the association offensive, thus tarnishing the mark.'” ” UGH, no.

Fair Use 135

Fair Use Television Cease and Desist Copyright 135

LexBlog IP

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

Design Patent 52

Design Patent Design Designs Patent 52

IP and Legal Filings

JULY 28, 2022

Government of India enacted the Real Estate (Regulation and Development) Act 2016 and the act came into force with effect from May 1, 2017. As a result, the Maharashtra government also issued the following regulations: Maharashtra Real Estate Regulatory Authority, Officers and Employees (Appointment and Service Conditions) Rules, 2017.

Registration 98

Registration Government Reporting Marketing 98

IPilogue

AUGUST 26, 2021

With all things moving virtually, we are starting to see new strategies for the counterfeit market. Web designers can effectively imitate popular online retailers or claim to be resale sites authorized to sell the trademarked items, promoting uncertainty as to which sites are counterfeiters. million worth of fake goods in 2016.

Web Design 105

Web Design Branding Branding Brands 105

SpicyIP

DECEMBER 2, 2024

Image from here Analysing the Riyadh Design Law Treaty in the Indian Context After nearly two decades of negotiations, WIPO Member States have adopted the Design Law Treaty (DLT). In this post by Kartikeya S., he discusses the key points from the treaty.

Invention 52

Invention Trademark Reporting Editing 52

IIPRD

JUNE 29, 2022

The monogram was designed to help them brand their firm and prevent copycats from trespassing on their turf. Fashion and luxury goods manufacturing requires a great deal of imagination, from the designs of the garments to the patterns, shapes, logos, symbols, and names associated with them. IP PROTECTION LOUI VUITTON PRODUCTS HAVE.

Intellectual Property 98

Intellectual Property Branding Brands Branding 98

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

U.S. Department of Commerce

OCTOBER 6, 2022

Among the reasons behind the decline in manufacturing jobs: the competitive challenge from global markets, plus highly productive industries, such as communications, finance and business, also are appealing to more workers. Many now are high-tech , from design and marketing to administration, finance and sales, and cybersecurity.

Marketing 99

Marketing Marketing Reporting Design 99

IPilogue

FEBRUARY 28, 2022

France and Switzerland used to fight for the exclusive rights to the “Controlled Designation of Origin” for Gruyère. Most importantly, Canada has been strengthening its cooperation with the EU by the expansion of GI in 2017, and only a request with specific information is required to file a GI application.

Trademark 105

Trademark Registering Trademarks Intellectual Property Advertising 105

IP and Legal Filings

DECEMBER 13, 2024

The petitioner through the simple means of regular and massive use and advertising of its FEVIKWIK trademark already holding a strong market with a design not changed since 1987, argued that it had a right to the recognition of goodwill in such a name. Poma-Ex Products, 2017 SCC OnLine Bom 7470. [2] General Mills Marketing Inc.,

Trademark 98

Trademark Branding Branding Brands 98