The IPKat

AUGUST 17, 2022

In all this, it is no surprise that new and quirky designs require effective IP protection to retain their goodwill and reputation, as well as competitive advantage. In 2019, Samsonite indeed attempted to register the shape of an iPad/tablet case as an EUTM. The applicant maintained its request for registration.

Registration 91

Registration Designs Design Marketing 91

Technology & Marketing Law Blog

MARCH 7, 2022

Supreme Court held 6-3 that the Ninth Circuit erred in invalidating a copyright registration for failure to comply with the Copyright Office’s “single unit of publication” regulation, where the copyright owner had knowledge of the facts but arguably misunderstood the legal standard. Unicolors, Inc. Factual and Procedural Background.

Registration 98

Registration Blogging Copyright Designs 98

SpicyIP

NOVEMBER 30, 2024

Diplomatic Conference to Conclude and Adopt a Design Law Treaty – Plenary Sessions. It took nearly two decades of negotiation, but member states of the World Intellectual Property Organization (WIPO) have finally adopted the landmark Design Law Treaty (DLT) during the Diplomatic Conference in Riyadh on November 22.

Design 59

Design Designs Law Intellectual Property 59

LexBlog IP

APRIL 5, 2023

There has been quite a bit of debate around the registrability of GUIs under industrial design law in India. While the Designs Act, 2002, recognised protection for GUIs, the Indian Patents Office has been reluctant to grant registration to GUIs. Vs. The Controller of Patents and Designs and Anr. [1]

Registration 52

Registration Design Designs Public Domain 52

IP and Legal Filings

JANUARY 26, 2023

2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks. Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3] In this also falls the case of colour marks.

Registration 89

Registration Trademark Trademark Law Law 89

TorrentFreak

JUNE 28, 2023

Registrations Closed to Stop Spam The last sentence is in the past tense, as user registrations were effectively disabled four years ago. The last ‘new’ user was added to the torrent site on May 22, 2019, and, after that, there were no signs that registrations would reopen anytime soon.

Registration 145

Registration Copyright Designs Design 145

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 71

Design Designs Registration Intellectual Property 71

Plagiarism Today

OCTOBER 24, 2022

In 2019, it was due to road work on my street and both 2020 and 2021 due to the pandemic. 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 269

Copyright Public Domain Copying Copyright Notice 269

IP Tech Blog

FEBRUARY 9, 2022

On February 5, 2022, China acceded to Hague System for the International Registration of Industrial Designs. Inventors in China will thus be able to use the International Design System to file and protect their designs overseas with one procedure which will help them save time and money.

Design 67

Design Designs Design Patent Inventor 67

The IPKat

NOVEMBER 30, 2022

The strong ‘additional meanings’, or the acquired distinctiveness, take the sign out of the shadows of being a descriptive term and make it eligible for trade mark registration. And per this ‘one-to-many correspondence’, the relevant public will not interpret ‘HAMPTON’ as designating the geographical origin of goods or services.

Art 135

Art Registration Intellectual Property IP 135

The TTABlog

JANUARY 17, 2024

Banc of California petitioned to cancel a registration for the mark shown below left, on the ground of likely confusion with its registered mark shown below right, both for, inter alia , banking services. Since both parties rely on issued registrations, priority was an issue in this proceeding. How do you think this came out?

Design 53

Design Designs Registration Service Mark 53

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. ” Nevertheless, the successor licensee sent DMCA takedown notices to Amazon targeting the registrant’s stripped-down sticker. .” per sticker set.

Registration 132

Registration Fair Use Copyright Designs 132

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 63

Design Designs Registration Intellectual Property 63

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

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').

Registration 135

Registration Advertising Advertising Law 135

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 59

Design Designs Art Intellectual Property 59

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 Trademark Registration No. from his bank accounts along with a fleet of supercars. ’ The RELOADED® trademark was registered on June 8, 2021.”

Branding 138

Branding Brands Branding Trademark 138

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

The IPKat

DECEMBER 4, 2023

Then, on 29 November, the General Court ruled ( T-19/22 ) on the distinctiveness of the Vespa EU 3D mark, eventually ruling that the EUIPO Board of Appeal had erred in holding that registration invalid due to lack of distinctive character. In 2019, the Court of Appeal of Turin upheld the decision at first instance.

Designs 135

Designs Design Copyright Registration 135

The IPKat

JULY 27, 2021

Long time readers of the IPKat may remember a while back, when the Academy logo (featuring the Oscar statue silhouette) was denied copyright registration. An earlier version of the Golden Globe statuette In January 2019, the Work was denied registration on the basis that it lacked the authorship necessary to support a copyright claim.

Derivative Work 123

Derivative Work Copyright Registration Designs 123

The TTABlog

JUNE 17, 2024

Court of Appeals for the Fourth Circuit has ruled that Bacardi's challenge to the USPTO's renewal of the registration for that mark may be heard in the federal courts. In 2006, Cubaexport was barred from paying the renewal fee for the HAVANA CLUB registration due to a trade embargo. Direct Impulse Design, Inc. ,

Registration 53

Registration Trademark Intellectual Property Licensing 53

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. Furthermore, the design was not capable of being easily and instantly recalled by the target market as a distinctive sign.

Marketing 114

Marketing Marketing Registration Designs 114

The TTABlog

JANUARY 5, 2024

It found the mark to be “ tertium quid ” akin to product packaging and thus eligible for registration without proof of acquired distinctiveness. Focusing on the uniqueness of the Tribe’s building design in the relevant industry, it concluded that the subject building design is inherently distinctive for the Tribe’s services.

Registration 80

Registration Designs Design Ownership 80

The IPKat

JANUARY 25, 2022

Background On 27th September 2019, European Flipper / Pinball Factory GmbH applied to register the following logo as an EU trade mark: The application covered the following goods and services and was published for opposition on 3rd October 2019: Class 11: Camping stoves. Its EUTM Registration No.

Public Domain 133

Public Domain Registration Licensing Publishing 133

The IPKat

OCTOBER 20, 2021

For those interested in participating, the business opportunity can be found here (in order to see the tender documents and participate, a BASIC registration in the United Nations Global Marketplace (UNGM) is required). Photo by Omar Ramadan from Pexels.

Intellectual Property 110

Intellectual Property Intellectual Property Law Registration IP 110

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. When it comes to food designs, how far can a trademark go? On September 28, 2021 , The Hershey Co. Cookie Department”) for copying Hershey’s famous Kisses shape.

Cease and Desist 105

Cease and Desist Branding Brands Branding 105

SpicyIP

JANUARY 23, 2024

For a detailed overview of the course and instructor’s bio visit the link: [link] This course has been offered annually since 2019 and is widely subscribed by students from different universities across the country. pdf Fees Registration to the course is free of cost.

Intellectual Property 111

Intellectual Property IP Registration Government 111

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

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

The IPKat

MARCH 4, 2024

Nike, a titan in the industry, has managed to register more than 3,000 trade marks throughout the years on a European level and owns the title of the second most successful applicant for registered Community designs at the EUIPO for the past decade, as per the EUIPO’s Design Focus Report (2010-2019).

Copying 104

Copying Design Designs Branding 104

The IPKat

MAY 16, 2022

The opposition was based on several earlier marks, including an Italian figurative mark with a word element “ZARA”, registered in Class 30, and an international registration for “LE DELIZIE ZARA”, registered in Classes 29 and 30. From the BoA decision (R 2040/2019-4, para. Inditex appealed to the General Court ( T-467/20 ).

Registration 93

Registration Branding Branding Brands 93

43(B)log

AUGUST 19, 2021

Their agreements terminated in late 2019. According to CasperLabs, Zamfir was well-aware of its intent to use the Casper name as early as June 2019. It filed an application to register CASPER as a trademark in connection with blockchain technology; the registration issued in November 2020.

Registration 56

Registration Social Media Trademark Registering Trademarks 56

The IPKat

MARCH 10, 2022

The IPKat's favourite Le Pliage When you have a handbag design bestseller with over 54 million copies sold around the world since its creation in 1993, the question concerning the IP rights vesting in it is not just an academic one. Longchamp owns EUTM registrations for the shape of Le Pliage (Nos 013928528 and 014461958 ).

IP 87

IP Design Designs Registration 87

LexBlog IP

FEBRUARY 9, 2022

On February 5, 2022, China acceded to Hague System for the International Registration of Industrial Designs. Inventors in China will thus be able to use the International Design System to file and protect their designs overseas with one procedure which will help them save time and money.

Design 52

Design Designs Inventor Design Patent 52

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

Indiana Intellectual Property Law

MAY 2, 2024

The U.S. (..)

Registration 52

Registration Trademark Designs Design 52

IPilogue

SEPTEMBER 22, 2021

In May 2019, Marc Jacobs Trademarks L.L.C. MJT) applied to the United States Patent and Trademark Office (USPTO) seeking registration for use of the word “THE” on clothing, handbags, and related goods. As a result, OSU was informed in September 2019 that MJT’s application may bar theirs from registration.

Trademark 105

Trademark Registration Branding Branding 105