Patently-O

NOVEMBER 21, 2022

SoClean’s problem back in 2018 was how to protect these filters with intellectual property. With the trademark registration in-hand, the district court partially granted SoClean’s motion for preliminary injunction. Here, however, Federal Registration serves as prima facie evidence of validity.

Designs 75

Designs Design Registration Trademark 75

Plagiarism Today

OCTOBER 24, 2022

This year, for the first time since 2018, we will be open, and we couldn’t be more excited. However, it lapsed into the public domain in 1953 after the owners failed to renew their copyright registration, which was required at the time. However, for the past few years, the haunt has been closed. Bottom Line.

Copyright 271

Copyright Public Domain Copying Copyright Notice 271

The TTABlog

OCTOBER 22, 2021

The USPTO refused to register the mark BEDLAM VODKA in the word-plus-design form shown below left, for vodka [VODKA disclaimed], finding confusion likely with the registered mark BEDLAM! in the word-plus-design form shown below right, for beer. How do you think this appeal came out? In re Graybeard Distillery, Inc.

Designs 72

Designs Design Registration Copyright 72

The IPKat

MARCH 11, 2024

Background On 24 October 2018, The KaiKai Company Jaeger Wichmann GbR (‘KaiKai’) filed an application for the registration of twelve Community designs with the European Union Intellectual Property Office (‘EUIPO’), claiming priority based on a Patent Cooperation Treaty (‘PCT’) patent application filed on 26 October 2017.

IP 113

IP Art Designs Design 113

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

Kluwer Copyright Blog

FEBRUARY 2, 2023

21, Copyright and Related Rights Act 2000 ), New Zealand ( section 5(2)(a), Copyright Act 1994 ), South Africa (section 2(h), Copyright Act 1978 ) and the UK ( Copyright, Designs and Patents Act 1988, section 9(3) ). Registration was refused in August 2019, in line with previous US case law and guidance.

Copyright 145

Copyright Art Fair Use Registration 145

The IPKat

DECEMBER 13, 2021

In R 2536/2018-4 , the same parties, Krasnyi Octyabr and Roshen, litigated over the packaging of “Kara-kum” candies, another famous Soviet sweet. In R 2496/2018-5 , Krasnyi Octyabr opposed the registration, by Steinhauer Holding, of a figurative mark used on the packaging for “Little Red Riding Hood” candy.

Branding 125

Branding Brands Branding Litigation 125

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.

Designs 62

Designs Design Registration Intellectual Property 62

Kashishipr

DECEMBER 15, 2021

” The emphasis of the case was whether the design of the Defender had “inherent or acquired distinctiveness.” Another car company, ARES Design, announced its plans to bring a modern take on the classic 250 GTO model in 2018. Registration took two years. The protection only applies in the UK.

Trademark 105

Trademark Intellectual Property Registration Designs 105

IP Tech Blog

JANUARY 22, 2024

Among other things, the Initiative’s portal compiles registration decisions for AI-generated materials. Particularly instructive is a December 11, 2023 decision by the Copyright Review Board affirming the denial of registration to an AI-generated artwork. does not contain enough original human authorship to support a registration.”

Registration 62

Registration Art Copyright Editing 62

43(B)log

OCTOBER 1, 2022

Design patents play a role when we have them, typically a handbag/jewelry/diamond cuts/chain designs/shoes. Issue: legal is often the last to know of new designs, so you need to know before the design is launched: need to explain that legal needs to be part of the process. More partial designs.

Intellectual Property 84

Intellectual Property Design Patent Law Designs 84

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.

Designs 52

Designs Design Trademark Intellectual Property 52

SpicyIP

MARCH 27, 2023

Controller of Patents and Designs. Other posts IP Financing in India – Part I: Perfection of Security and (Non) Registration of Copyright Despite the increasing importance of intellectual property in the modern economy, there is a surprising lack of attention given to IP financing in India. Case: Sirona Hygiene Pvt.

Designs 105

Designs Design Cease and Desist Art 105

The IPKat

MARCH 22, 2023

The case saw the Consortium of producers of protected designation of origin (PDO) “Pecorino Romano” acting against Formaggi Boccea, an Italian cheese producer, which owns “Cacio Romano” trade mark. Supreme Court’s ruling In 2018, the Consortium of PDO “Pecorino Romano” filed a lawsuit against Formaggi Boccea before the Court of Rome.

Art 141

Art Registration Government Publishing 141

Olartemoure Blog

SEPTEMBER 2, 2022

The Superintendency of Health established that the entities is suprises must design and implement a Transparency and Business Ethics Program in order to prevent corruption, opacity and fraud (“COF”) with a maximum term of August 5, 2023. 09/01/22 – Trademarks.

Intellectual Property 105

Intellectual Property Registration Business Trademark 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.

Registration 40

Registration Designs Design Copying 40

The IPKat

NOVEMBER 17, 2024

Drawing on 2023 filing, registration and renewals statistics from national and regional IP offices and WIPO, WIPI covers patents, utility models, trade marks, industrial designs, microorganisms, plant variety protection and geographical indications. This annual survey analyzes IP activity around the globe. programmes: - LL.M.

Intellectual Property 67

Intellectual Property Editing Reporting IP 67

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 Designs 90

SpicyIP

APRIL 4, 2022

They claimed that in March 2020, the defendant launched a syrup/sharbat ‘Dil Afza’ with a mark, get-up and design deceptively similar to that of the plaintiff’s. The defendant, on the other hand, argued that they had filed for registration of their mark ‘Dil Afza’ in 2018, claiming that the same has been in use since 1949.

Trademark 119

Trademark Registration Trademark Law Branding 119

43(B)log

JANUARY 13, 2023

Wolf Designs LLC v. Five 18 Designs LLC, F.Supp.3d 18, 2022) Wolf designs and installs “vehicle wraps,” large vinyl graphics or decals applied to car bodies. Copyright: Three of Wolf’s customers allegedly opted to hire Five 18 to install vehicle wraps featuring designs Wolf owned. 3d -, 2022 WL 10551564, No.

False Advertising 72

False Advertising Advertising Advertising Registration 72

IP and Legal Filings

SEPTEMBER 17, 2021

Fashion designers and artists showcase their creative genius through conceptual fashion shows and apparel collections. 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 act and its importance in the fashion industry. dollars in the USA.

Designs 94

Designs Design Artistic Work Technology 94

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 Ownership 49

IP and Legal Filings

AUGUST 11, 2023

2] This new set of marks is often referred to as non-traditional trademarks , and the qualification for their registration, as opposed to a traditional mark, is substantially higher. [3] I do this by demonstrating the statutory criteria for trademark registration and then applying the set criteria to check the registrability of braille.

Trademark 98

Trademark Registration Intellectual Property Intellectual Property Law 98

43(B)log

AUGUST 19, 2021

CasperLabs was founded in October 2018 under that name. It filed an application to register CASPER as a trademark in connection with blockchain technology; the registration issued in November 2020. Thus, to prevail, Zamfir would need to rebut the presumptions created by the registration, and he didn’t.

Registration 56

Registration Social Media Trademark Registering Trademarks 56

The IPKat

FEBRUARY 17, 2022

Registration was sought as a work-for-hire to the owner of the Creativity Machine. In any case, the above does not mean that there are no situations in which also works created by non-human authors can qualify for protection, a notable (and controversial) example being section 9(3) of the UK Copyright, Designs and Patents Act.

Copyright 145

Copyright Artistic Work Copyright Law Contracts 145

Garrigues Blog

APRIL 27, 2021

Today, April 27, is International Design Day, an event, which seeks to recognize the value of design in society and business. On this significant date, we take the opportunity to look at a recent judgment by the General Court of the European Union (EGC) that will allow companies to extend the protection of a design by twelve months.

Designs 52

Designs Design Patent Application Intellectual Property 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.

Designs 40

Designs Design Law Registration 40

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

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.

Designs 45

Designs Design Registration Licensing 45

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

LexBlog IP

JANUARY 22, 2024

Among other things, the Initiative’s portal compiles registration decisions for AI-generated materials. Particularly instructive is a December 11, 2023 decision by the Copyright Review Board affirming the denial of registration to an AI-generated artwork. Copyright Office’s AI Initiative launched in early 2023.

Registration 52

Registration Copyright Art Editing 52

SpicyIP

MAY 10, 2023

Deputy Controller of Patent and Designs : Emphasis on a speaking order by the Controller The dispute pertained to Patent Application no. Deputy Controller of Patents and Designs , Auckland Uniservices Limited v. Assistant Controller of Patents and Designs , N.V. Controller of Patents and Designs. Rosemount Inc.

Trademark 126

Trademark Invention Patent Art 126

LexBlog IP

MAY 16, 2023

The Trademark Trial and Appeal Board (“TTAB”) at the United States Patent and Trademark Office (“USPTO”) recently issued a precedential opinion concerning the registration of marks used in connection with goods deemed “drug paraphernalia” under the Controlled Substances Act (“CSA”).

Registration 40

Registration Trademark Branding Brands 40

The TTABlog

NOVEMBER 20, 2024

Peace Love World Live , 2018 TTAB LEXIS 220, at *7; see also GO & Assocs. , Finally, Tyrells pointed to the two marks below, registered for first aid kits, as justification for registration of its mark. The Board was unmoved. Read comments and post your comment here. TTABlogger comment: WYHA? Text Copyright John L. Welch 2024.

Trademark 49

Trademark Designs Design Registration 49

The TTABlog

DECEMBER 21, 2021

The NAKED condom case returned to the TTAB after a CAFC reversal [ TTABlogged here ] and the Supreme Court's denial of the registrant's petition for writ of certiorari (September 2021). Respondent's evidence and testimony showed that its principal had worked in the birth control industry since 1989, designing a "relaxed-fit" condom.

Registration 53

Registration Contracts Advertising Advertising 53

IP and Legal Filings

OCTOBER 23, 2023

The registration of trademarks provides legal protection and remedies in case of infringement. The registration process needs to be simplified and made more accessible to small businesses and entrepreneurs who are unable to afford the high costs of trademark registration. 344/2018]. [5] 344/2018]. [6] 344/2018]. [7]

Marketing 98

Marketing Marketing Trademark Registration 98

Technology & Marketing Law Blog

APRIL 16, 2022

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! I wonder if either side seeks rehearing? __.

Contracts 119

Contracts Design Designs Law 119