Patently-O

AUGUST 23, 2021

Obviousness of a design patent is governed by 35 U.S.C. Importantly, the Federal Circuit suggests that the obviousness inquiry should begin with a primary reference whose whose “design characteristics … are basically the same as the claimed design” and that creates “basically the same visual impression.” Design Patent Nos.

Design Patent 90

Design Patent Design Designs Patent 90

The IPKat

JANUARY 5, 2022

Green Label (of 23 August 2021), the BOA ruled that vacuum cleaner bags enjoy design right protection, overturning a previous decision by the Invalidity Division. Background of the case In 2008, Miele successfully registered a Community Design (‘CD’), consisting of a depiction of a vacuum cleaner bag, one of which is shown below.

Design 109

Design Designs Public Domain Advertising 109

The IPKat

DECEMBER 29, 2021

The European Commission’s Directorate-General for Taxation and Customs Union ( DG TAXUD ) and the European Union Intellectual Property Office ( EUIPO ) recently released the first joint annual report on EU enforcement of intellectual property rights: results at the EU border and in the EU internal market 2020.

Reporting 128

Reporting Intellectual Property Marketing Marketing 128

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. These provisions served as, among other things, models for Articles 18 and 20 in the new DSM Copyright Directive (2019/790).

Contracts 98

Contracts Copyright Law Cease and Desist 98

TorrentFreak

APRIL 12, 2022

In November 2019, the US federal government shut down IPTV services operated by Bill Omar Carrasquillo, aka ‘Omi in a Hellcat’ IRS and FBI agents seized “at least” $5.2m According to the complaint, NuStar learned that Carrasquillo intended to launch an apparel business under the ‘Reloaded’ brand in July 2019.

Branding 142

Branding Brands Branding Trademark 142

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 70

Design Designs Registration Intellectual Property 70

Patently-O

FEBRUARY 3, 2023

The phrase comes from Lizzo’s 2017 song Truth Hurts (remade in 2019) that has become a viral sleeper hit. Unlike patents and copyrights, trademark law is not designed to reward the creative endeavor of invention or authorship. The original line in the song is “I just took a DNA test, turns out I’m 100% that b h.”

Registration 128

Registration Trademark Social Media Music 128

Patently-O

SEPTEMBER 17, 2023

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Still, ornamental logos found on the accused product can still be relevant as visual distractors in the process of evaluating similarities and differences between the claimed design and accused design.

Design Patent 72

Design Patent Patent Infringement Design Designs 72

TorrentFreak

JULY 27, 2021

The new Copyright Directive passed in March 2019, meaning that EU Member States are required to write the amendments into national law. The EU Commission launched a consultation last summer but it now appears that EU countries are struggling to meet their obligations. 23 Member States Failed To Meet June 2021 Deadline.

Copyright Law 143

Copyright Law Copyright Law Licensing 143

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

Technology & Marketing Law Blog

FEBRUARY 15, 2024

The DSA introduces new actors: Each EU member state must designate a Digital Services Coordinator (among its other responsibilities, the Coordinators will award the status of “trusted flagger”), and the DSA establishes the European Board for Digital Services as “an independent advisory group of Digital Services Coordinators.”

Blogging 105

Blogging Due Diligence Design Designs 105

TorrentFreak

OCTOBER 16, 2021

BeoutQ’s satellite operations reportedly went offline in August 2019 under assorted diplomatic pressures , but that didn’t stop the transmission of beIN content via its rival’s set-top boxes. BeoutQ was happy to continue broadcasting beIN’s content, however. Many Other Pirate IPTV Providers Pose a Threat.

Reporting 142

Reporting Marketing Marketing Television 142

The IPKat

APRIL 26, 2023

A Registered Community Design (‘RCD’) enjoys protection only if it is new and has individual character vis-à-vis designs disclosed prior to its filing or priority date ( Art. 4(1), 7 of Regulation 6/2002 , ‘Design Regulation’). 7(1) Design Regulation ). 7(1) Design Regulation ). 6 of Directive 2005/29/EC.

Design 58

Design Designs Art Intellectual Property 58

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

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

JD Supra Law

JULY 5, 2024

Opinion by Lourie, joined by Moore and Albright (sitting by designation). Amarin markets and sells icosapent ethyl, an ethyl ester of an omega-3 fatty acid commonly found in fish oils, under the brand name Vascepa®. By: Alston & Bird

Branding 74

Branding Brands Branding Design 74

SpicyIP

JULY 22, 2024

Assistant Controller Of Patents And Design accepting an appeal against the Controller’s decision rejecting a patent application for “aerosol generating article with multi material susceptor.” The single judge bench of the Delhi High Court comprising of J. Mini Pushkarna on 4 July 2024 passed an order in Phillip Morris Products SA v.

Invention 109

Invention Patent Patent Application Government 109

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

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.” Around June 2019, he was nearing completion of a new app, but Apple announced a new Apple Watch operating system, requiring a change in development.

Marketing 59

Marketing Marketing Trademark Registration 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 113

Marketing Marketing Registration Design 113

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. In 2019, Samsonite indeed attempted to register the shape of an iPad/tablet case as an EUTM.

Registration 91

Registration Design Designs Marketing 91

TorrentFreak

SEPTEMBER 30, 2022

With Arcom supporting their every move, various rightsholders stepped up to take advantage of new legislation designed to make pirate site blocking more efficient, to combat mirror sites and proxies, and to further punish sites by restricting appearances in search engines and curtailing advertising opportunities.

Reporting 139

Reporting Design Designs Marketing 139

TorrentFreak

JANUARY 6, 2022

A notable example includes members of the MiLLENiUM Release Group who were sentenced in 2019. As the indictment explains, should an unfinished work leak out to the public, any piracy can dramatically undermine the economics of publishing, undermine an author’s reputation, and interfere with secondary markets such as film adaptations.

Publishing 142

Publishing Intellectual Property Design Designs 142

Intellectual Property Office Blog

NOVEMBER 28, 2022

Copyright © Hornit, 2019. Or complex mounted structures designed to be used within garages. He described how this has allowed him to work with brand protection consultancy, SnapDragon to carry out searches of digital markets for counterfeit versions of the CLUG. Find out how to protect your IP using our guidance pages.

IP 104

IP Business Branding Brands 104

LexBlog IP

SEPTEMBER 18, 2023

Dubai’s luxury real estate market has witnessed a remarkable boom, attracting investors and high-net-worth individuals from all corners of the world. 7/2019, lays down the foundation for property transactions in Dubai. Mandatory Registration and Validity of Dispositions: Dubai Law No. 7/2006, as amended by Dubai Law No.

Marketing 52

Marketing Marketing Due Diligence Registration 52

TorrentFreak

MARCH 15, 2023

According to the latest figures, Operation 404 has led to the blocking of 1,974 websites and 783 apps since it began in 2019. Earlier this year, ANATEL said that its work to disrupt the pirate TV market would continue using various means. The names of the sites and apps are never mentioned in material released to the public.

Music 145

Music Intellectual Property Reporting Marketing 145

IP Tech Blog

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

Design 57

Design Designs Copyright Design Patent 57

Kluwer Copyright Blog

OCTOBER 7, 2024

This time, the casus belli came from a question related to the requirements needed to allow the cumulation of design and copyright protection for works of industrial design and applied art (WAA). In addition, the Court of Appeal ruled out that the lamp was a protectable work of design under art.2(1)(10) With an order (Cass.,

Design 64

Design Designs Law Copyright 64

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

SpicyIP

MAY 17, 2023

Further, the number of pre-and post-grant oppositions are less than one percent of total patent applications published or patents granted as per annual reports of the office of the Controller General of Patents, Designs, Trademark and Geographical Indications (CGPDTM) during the period 2012-2022 (also see here ). 59, para 1). 59, para 1).

Reporting 137

Reporting Intellectual Property Patent Application Intellectual Property Law 137

The IP Law Blog

JUNE 15, 2023

In 2019, the Ninth Circuit had previously found mostly in Zillow’s favor as to an earlier trial and had reversed and remanded the case back for further proceedings. Second, Zillow selected certain photographs “of artfully-designed rooms in some of those properties” to post to its “Digs” website, which is directed toward home improvement.

Copyright 98

Copyright Registration Licensing Derivative Work 98

IPilogue

OCTOBER 19, 2021

The design of Hershey’s cone-shaped small chocolate “Kisses” has been a registered trademark with the United States Patent and Trademarks Office (USPTO) since 1996. Hershey alleges in their complaint that Cookie Department released packaging and marketing materials for cookie products with the same conical shape.

Cease and Desist 105

Cease and Desist Branding Brands Branding 105

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

The IPKat

OCTOBER 4, 2022

The study represents the second phase of a project already started in 2019, which led to the publication of its first phase named " Automated Content Recognition: Existing technologies and their impact on IP " in November 2020. its pattern, trade mark or design) to determine whether it is genuine or counterfeit.

Technology 117

Technology Publishing Social Media Intellectual Property 117

Patently-O

FEBRUARY 12, 2024

TaylorMade Golf Company teed off a dispute over golf club design and filed a patent infringement lawsuit on January 31 st, 2024, in the Southern District of California against Costco and Southern California Design Company alleging infringement and false advertising relating to five of TaylorMade’s patents related to golf irons.

False Advertising 102

False Advertising Invention Advertising Advertising 102

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 IPKat

JUNE 21, 2023

DM045.247 relating to its “B3” tap by the tap “Alila” marketed in Germany by German company Nobilia-Werke J. An Italian cat reflecting on jurisdiction Background On 13 January 2021, German company Bulthaup GmbH & Co. KG sent a warning letter to German company Nobilia-Werke J. Stickling GmbH & Co. Stickling GmbH & Co.

Design 70

Design Designs Settlement Marketing 70