Kluwer Copyright Blog

FEBRUARY 8, 2024

Photo by Alexander Andrews on Unsplash Europeans are the biggest producers of electronic equipment waste (‘e-waste’); according to recent numbers , in 2018 approximately 4 million tons of e-waste were discarded in the European Union. This choice may be influenced by the design of the product, the cost of repair or available repairers.

Design 69

Design Designs IP Art 69

Patently-O

NOVEMBER 21, 2022

The SoClean device has a compact filter that should be replaced every six-months–creating a nice subscription market. SoClean’s problem back in 2018 was how to protect these filters with intellectual property. ” In general, that amount of evidence is insufficient to support a product design trade dress registration.

Design 75

Design Designs Registration Trademark 75

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

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 ).

Design 70

Design Designs Art Registration 70

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 67

Design Designs Art Marketing 67

Velocity of Content

APRIL 20, 2022

When we marketers think about a branding initiative, our eyes light up at the notion of limitless creative possibilities. New names, shiny new logos, and innovative new designs bring joy to our creative little hearts. As we look back, here are a few things we figured out that our fellow marketers may appreciate. Lessons Learned.

Branding 98

Branding Brands Branding Marketing 98

The IPKat

FEBRUARY 29, 2024

In a decision delivered this week, the Court of Appeal of England and Wales (the Court) has upheld the design infringement claim brought by Marks and Spencer (M&S) against Aldi in respect of their gin-based flavoured liqueur range, in what may be a catalyst for a shift from trade mark law to design law for product "lookalike" claims.

Design 62

Design Designs Registration Intellectual Property 62

JD Supra Law

DECEMBER 2, 2022

By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

Marketing 52

Marketing Marketing Design Designs 52

Patently-O

JULY 8, 2022

One quirk of the Patent Act is Section 271(e), which creates infringement liability for simply seeking FDA approval to market a generic version of an already approved drug. Here, Actavis filed an Abbreviated New Drug Application (ANDA) seeking FDA approval to market a “liquid methylphenidate (MPH) oral suspension.”

Art 124

Art Marketing Marketing Patent 124

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.” He started collecting real-world test data in August 2018. All of Peloton’s marketing materials that mention the term ‘Bike+’ are also branded with the [Peloton] mark.”

Marketing 59

Marketing Marketing Trademark Registration 59

TorrentFreak

MARCH 1, 2022

In 2018, broadcaster DISH Network sued the people behind pirate IPTV service SetTV for illegally obtaining the company’s broadcasting from its satellite service and redistributing them online. On June 4, 2018, the court issued a temporary restraining order against the SetTV defendants, which included measures to freeze their assets.

Settlement 143

Settlement Business Branding Brands 143

Technology & Marketing Law Blog

APRIL 16, 2022

Fluent is a marketing company that generates leads. The court even finds fault with the way the hyperlink is presented: A web designer must do more than simply underscore the hyperlinked text in order to ensure that it is sufficiently ‘set apart’ from surrounding text. Lawyers who advise website designers and companies, take note!

Contracts 119

Contracts Design Designs Law 119

IPilogue

APRIL 12, 2022

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. The Chinese National Radio and Television Administration introduced a regulation in 2018 to prevent illegal capture, cut, stitching, and adapting audio-visual programs.

Intellectual Property Law 119

Intellectual Property Law Television Copyright Infringement Fair Use 119

IP and Legal Filings

SEPTEMBER 17, 2021

Fashion designers and artists showcase their creative genius through conceptual fashion shows and apparel collections. As of 2019, the apparel market was valued at about 368 billion U.S In India, as of 2018, the industry was valued at over five trillion INR and is expected to reach about 223 billion dollars by 2021.

Design 94

Design Designs Artistic Work Technology 94

Patently-O

FEBRUARY 10, 2022

The Broadcom chips and Apple phones are manufactured outside of the United States, although they are largely designed in the US, and the nerve centers of marketing and sales are also in the US. 2129 (2018). Broadcom makes infringing chips and they are installed in Apple devices. all occurred within the United States.

Patent 126

Patent Contracts Invention Design 126

Kluwer Copyright Blog

FEBRUARY 2, 2023

There is uncertainty over how much selection and refinement is needed to produce the best work (see examples of selection, refinement and reworking here and here ) and getting the right prompt is challenging enough to have created a market for effective prompts. We were not aware that the image may have been created by AI” 2.

Copyright 145

Copyright Art Fair Use Registration 145

Technology & Marketing Law Blog

SEPTEMBER 26, 2024

This was, in a way, to “monopolize” the adult entertainment market. The designations are ultimately approved by the DOI director, the strategic response director, and a core policy director. Instagram appeared first on Technology & Marketing Law Blog.

Design 111

Design Designs Marketing Marketing 111

LexBlog IP

APRIL 15, 2022

When Christie’s Auction House first entered the secondary art market of mainland China in 2005, it licensed its brand to a local auction house and received a total of RMB 97,000,000 (roughly $12,100,000) for its inaugural sale. [1] A relaxed regulatory environment helps explain the enormous growth of the Chinese art market.

Art 52

Art Marketing Marketing Artwork 52

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. The legal battle unfolded in several countries and brought about several verdicts, one of the most significant being a $539 million jury verdict in Apple’s favor back in 2018.

Branding 98

Branding Brands Branding Trademark 98

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.

Copyright 98

Copyright Design Designs Marketing 98

The IPKat

JUNE 9, 2022

The main character is a market trader, Derek "Del Boy" Trotter. In 2018, the defendants launched an interactive dining show – the “ Only Fools The (Cushty) Dining Experience ” (OFDE) – in which actors would play the various OFAH characters in a different context (an interactive pub quiz) from the original OFAH series.

Copyright 145

Copyright Intellectual Property Law Copyright Infringement 145

U.S. Department of Commerce

OCTOBER 27, 2022

The FirstNet network was designed to address the communications challenges public safety faces in both day-to-day incidents and large-scale emergencies. From its launch in 2018 through today, the network is giving the public safety community reliable, secure communications for disasters and everyday operations.

Government 126

Government Design Designs Licensing 126

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

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. January 23, 2018), [link] [6] Deloitte, “The Business Case for Diversity,” (February 2017), [link] [7] U.S. customer base. [6]

Moral Rights 107

Moral Rights Journalism Business Reporting 107

Technology & Marketing Law Blog

DECEMBER 12, 2021

These “bad design” arguments to work around 230 have been rejected repeatedly. The court concludes: The murder of Commander Paul Bauer on February 13, 2018 was horrific and inexcusable. The post Armslist Loses Two Section 230 Rulings, But Still Defeats Both Lawsuits appeared first on Technology & Marketing Law Blog.

Copyright Infringement 138

Copyright Infringement Publishing Design Designs 138

Garrigues Blog

JULY 27, 2021

The World Intellectual Property Organization (WIPO) has published its World Intellectual Property Indicators Report 2020 , which contains valuable information on changes in intellectual property indicators and trends worldwide, from 2018 to 2019, as we discussed in this post. Industrial designs. Trademarks.

Intellectual Property 52

Intellectual Property Design Designs Trademark 52

IPilogue

JULY 23, 2021

Despite its short runtime, this episode touches on many interesting ways IP law can apply to the NFT space and is especially important as the NFT market continues to grow. “S T he Progress Pride Flag, and the Realities of IP ” by Input Doc: Marketing Interviews. S ocial Media & Your IP Rights ” by Innovation Talks.

Non-Fungible Tokens 105

Non-Fungible Tokens IP Law Intellectual Property 105

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

Technology & Marketing Law Blog

JULY 16, 2021

Robinhood Markets, Inc., Robinhood used Ice Cube’s picture and paraphrase of a line from his song to illustrate an article about market corrections. The post 1H 2021 Quick Links, Part 4 (Advertising, Contracts, & More) appeared first on Technology & Marketing Law Blog. On the contrary, they seem easily separable.

Advertising 122

Advertising Advertising Contracts Social Media 122

Kashishipr

DECEMBER 15, 2021

In simple terms, the shape must be highly recognizable, noticeably distinct from other products in the market, and offer a clear indication of the origin of the product. ” The emphasis of the case was whether the design of the Defender had “inherent or acquired distinctiveness.” The protection only applies in the UK.

Trademark 105

Trademark Intellectual Property Registration Design 105

The IPKat

SEPTEMBER 15, 2022

One of the first enacted changes concerned the rules for calculation of the compensation paid to the patent owner in the event that an invention, utility model, or industrial design is being used without the patent owner’s authorization. These rules were introduced in the 2021 amendment to Article 1360 of the Civil Code.

IP 132

IP Branding Brands Branding 132

SpicyIP

MARCH 27, 2023

Controller of Patents and Designs. IP Financing in India – Part II: The Supreme Court and (mis)interpretation of Banking Regulation Act, 1949 Part II of the two-part guest post by Bharat Harne on IP Financing in India focuses on the 2018 Supreme Court decision in Canara Bank v N.G. Or are they adversarial in nature?

Design 105

Design Designs Cease and Desist Art 105

43(B)log

JULY 24, 2023

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. These ads were based on an obseivational study Amgen conducted itself, in an effort to remain competitive with the emerging biosimilar market.

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.

Design 49

Design Designs Registration Ownership 49

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. Target and NOC had some direct dealings, including bringing NOC to Target’s headquarters in July 2018. appeared first on Technology & Marketing Law Blog. Case Citation : Cooley v.

Copyright 105

Copyright Artwork Design Designs 105

The IPKat

OCTOBER 15, 2023

The Claimant launched its dining table in 2018 as part of its ‘Palais Royal’ furniture collection, which also won numerous awards. The design was largely attributable to functional and technical considerations and based on simple variations of previously known designs that are part of the general design repertoire.

Art 70

Art Design Designs Marketing 70

Technology & Marketing Law Blog

JULY 5, 2021

“Caraway’s final three claims are for trademark infringement, unfair competition and false designation, and trademark dilution under the Lanham Act as a result of Defendant’s purchase of the Caraway Mark so as to advertise Equal Parts when consumers searched for the term ‘Caraway’ in Google’s search engine.

IP 85

IP Social Media Fair Use Branding 85