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.

Designs 73

Designs Design Art Intellectual Property 73

Patently-O

NOVEMBER 21, 2022

The SoClean device has a compact filter that should be replaced every six-months–creating a nice subscription market. However, instead of barring Sunset from selling its competing products, it prohibited Sunset marketing or advertising its filter in any bare form. Sunset sells a generic version of the same filter.

Designs 73

Designs Design Registration Trademark 73

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] 344/2018]. [7]

Marketing 89

Marketing Marketing Trademark Registration 89

Technology & Marketing Law Blog

MARCH 18, 2022

It will also inspire plaintiffs to bring more negligent design claims against Internet services–a looming tsunami of litigation. I’ve blogged this case three times before, in 2017 , 2018 and 2020. In 2020, the intermediate court affirmed that decision 2-1. The Facts. In 2018, the intermediate court reversed.

Designs 114

Designs Design Litigation Blogging 114

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.

Designs 64

Designs Design Art Marketing 64

Bio Law Blog

JANUARY 8, 2020

2020 will also usher in some notable changes expanding the scope of products that are regulated and litigated under the BPCIA. It may also provide further guidance on circumstances requiring a 180-day notice of commercial marketing, biosimilar injunctions, interchangeability status and the impact of biosimilar settlements.

Marketing 40

Marketing Marketing Settlement Litigation 40

LexBlog IP

AUGUST 22, 2022

The concept of Metaverse as an online framework for economic interoperability was born in and around 2020. 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.

Design Patent 52

Design Patent Designs Design Patent 52

The TTABlog

DECEMBER 26, 2023

The Board sustained this opposition to registration of JUICY FRUIT & Design (shown below) for" t-shirt for adults," finding that pro se Applicant David Neal Seller's lacked a bona fide intent to use the mark for t-shirts at the time he filed his application. Sellers failed to overcome that presumption. 101 USPQ2d at 1191.

Designs 67

Designs Design Marketing Marketing 67

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 126

Reporting Intellectual Property Marketing Marketing 126

Plagiarism Today

OCTOBER 13, 2022

Those arguments were described as “lively” with justices examining both the transformative nature of the works involved but also looking into how both competed for the same market, namely illustrating articles about Prince in magazines. 2: Textile Designer Sues Zulily for Copyright Infringement.

Cease and Desist 199

Cease and Desist Copyright Infringement Licensing Fair Use 199

Patently-O

NOVEMBER 21, 2021

So much so that the post-1902 Act regional circuit design patent cases invalidating design patents on functionality grounds would come out oppositely under the Federal Circuit’s lax standards.

Designs 73

Designs Design Copyright Design Patent 73

Barry Sookman

MAY 3, 2020

Neutron – Technology & Marketing Law Blog [link] 2020-04-26 Changes Result in the Alberta Electronic Transactions Act Applying to Employment and Other Records [link] 2020-04-26 Redbox’s Terms of Use Fail (OUCH)-Wilson v.

Privacy 52

Privacy Cease and Desist Technology Copyright 52

IP and Legal Filings

MAY 10, 2024

It has gained momentum in India with the advent of technology transfer and commercialization rules,2020. Further Trademarks Act, 1999 and Designs Act, 2000 allow licensing of trademarks and designs respectively. The offices are established for movement of innovation from lab to market. Technology-transfer.

Intellectual Property 101

Intellectual Property Technology Licensing Invention 101

43(B)log

AUGUST 26, 2021

5, 2021) The plaintiff benefits from very generous treatment of its false designation and copyright claims, in the process stripping false designation of anything other than a prohibition on copying/vitiating both Wal-Mart and Dastar. 2021 WL 1253803, No. 20-cv-06957-VKD (N.D. The court agreed!

Designs 63

Designs Design Copying Copyright Infringement 63

43(B)log

NOVEMBER 27, 2023

Marketing, Sales Practices & Products Liab. SoClean is a dominant player in the market for medical devices that sanitize continuous positive airway pressure machines (CPAPs), which treat sleep apnea and respiratory conditions. And, they continued, SoClean was illegally marketing its devices. In re SoClean, Inc.,

Advertising 57

Advertising Advertising Marketing Marketing 57

Olartemoure Blog

DECEMBER 14, 2023

This growing trend reflects a broader effort to closely examine and mitigate the market power held by these corporate giants. Abuse of dominant position, in the context of antitrust and competition law, refers to the improper and anti-competitive practices undertaken by a company that holds a dominant market position.

Marketing 98

Marketing Marketing Advertising Advertising 98

LexBlog IP

JANUARY 30, 2024

We reported in 2020 on PRC’s fourth amendment to the Patent Law (link to our blog post here ). Another area that sees substantial changes is the design system. The amended Regulations came into effect on 20 January 2024.

Patent 52

Patent Invention Patent Law Designs 52

IP.com

MARCH 12, 2024

According to a report by SuperData Research , the global gaming market was valued at $159.3 billion in 2020. billion in 2020, while the movie industry was valued at $41.7 Market data from 2023 shows the estimated market size for the gaming industry at $242.39 billion with an estimated $583.69 billion by 2030.

Copyright Infringement 52

Copyright Infringement Copyright Intellectual Property Marketing 52

LexBlog IP

DECEMBER 26, 2023

I’ve seen enough stock graphic elements when doing trademark and copyright searches to know that the crown elements and scales of justice elements are likely to be highly similar to or identical to crown and scales designs owned by Getty Images or some other entity or artist. This isn’t limited to logo design.

Designs 52

Designs Design Trademark Copyright 52

The IPKat

OCTOBER 15, 2023

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. b) the work in question builds on and constitutes a variation of a previously known design or an ongoing design trend?

Art 90

Art Designs Design Marketing 90

U.S. Department of Commerce

OCTOBER 6, 2022

manufacturing experienced a substantial decline in employment from 2000 to 2010 due largely to the 2008 Great Recession but rebounded – until the Covid-19 pandemic hit in 2020. Many now are high-tech , from design and marketing to administration, finance and sales, and cybersecurity.

Marketing 126

Marketing Marketing Reporting Designs 126

JD Supra Law

MAY 17, 2022

Apropos of points made in “Do Not Pass ‘Go,’” a graphic designer filed an idea theft suit against Nike, Inc. In the March 31 suit, the graphic designer claims Nike stole his idea for an NCAA “March Madness” promotional campaign. in the US District Court for the Southern District of Texas. By: Katten Muchin Rosenman LLP

Graphic Design 52

Graphic Design Designs Design Marketing 52

Technology & Marketing Law Blog

OCTOBER 25, 2023

In the early days of the pandemic, tattoo artist Cramer created this tattoo and tattooed it onto her husband: The tattoo depicts Joe Exotic of Tiger King “fame,” a can of Lysol, some coronaviruses, and the words “Quarantine 2020.” ” Market Effect. The litigants are in different markets.

Blogging 84

Blogging Copyright Fair Use Copyright Infringement 84

SpicyIP

APRIL 30, 2024

By Kevin Preji On 28th Feb, 2024, the Delhi High Court in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs in allowing an appeal, clarified the role of the ‘person skilled in the art’ (‘PSITA’) in determining non-obviousness. Subsequently, the patent application was rejected in September 2020.

Invention 111

Invention Art Designs Design 111

Plagiarism Today

SEPTEMBER 14, 2022

Next up today, Judy Harrison at the Bangor Daily News reports that Maine costume designer Ellen Okolita has filed a lawsuit against Walmart, Amazon and eBay alleging that the three sites are unlawfully using photos and descriptions of her costumes on their site. In 2020 she claims to have sold over 8,000 pieces, mostly through her Etsy store.

Copyright Infringement 191

Copyright Infringement Reporting Plagiarism Licensing 191

Olartemoure Blog

MAY 31, 2021

For this reason, expecting market forces to swiftly stabilize the (now severed) economic flow that capitalism enables is probably wishful thinking. Less carefully crafted state support policies actually risks harming market efficiencies and leads to unnecessary competition distortions.

Marketing 98

Marketing Marketing Government Designs 98

Dragons' Den

FEBRUARY 15, 2024

Perfect for any naughty puppy owners, these cards are designed to be safe for dogs to eat. A quick look on the IPO trade mark register shows that she registered her business name as a trade mark in 2020. You can register up to 50 designs for £150, which can last up to 25 years if renewed every 5 years.

Blogging 52

Blogging IP Business Designs 52

IPilogue

MARCH 6, 2023

On December 26, 2022, the Japanese IP High Court dismissed an appeal from Christian Louboutin (“Louboutin”), a shoe designer known for its iconic red-bottom heels, in its action against Japanese shoe designer, Eizo Collection Co., The court also took issue with Louboutin’s market research. 2015-29921 ).

IP 59

IP Branding Brands Branding 59

IPilogue

APRIL 29, 2022

Sony’s PlayStation 5 (PS5) has been consistently out of stock worldwide since its 2020 release. It is a video game console with basically the same look and design as a PS5—even the box looks exceptionally similar. Consumers can easily find similar products online due to the booming international e-commerce market.

Copyright 119

Copyright Designs Design Technology 119

The IPKat

SEPTEMBER 25, 2023

When considering spare parts in connection with genuine use, the Court of Justice of the European Union (CJEU) held in Ferrari SpA v DU ( C-720/18) EU:C:2020:854 (amongst others) that use of a trade mark is also genuine use if the proprietor of the trade mark sells second-hand goods themselves.

Fair Use 114

Fair Use Registration Designs Design 114

Technology & Marketing Law Blog

JUNE 4, 2022

Nor does such harm become a necessary component of the Uber business model because the Uber entities marketed the Uber app as safe to use, refused to cooperate with sexual assault investigations, or concealed sexual assaults related to the use of the app. 2020 WL 2097599 (N.D. Uber Technologies, Inc., Uber Technologies, Inc.

Business 116

Business Technology Marketing Marketing 116

Dragons' Den

JANUARY 5, 2023

Lucy found a gap in the market for a stylish pill case when she started taking regular medication. Another way to protect her pill box is with a registered design. This will protect the appearance and design of her product. Registering your design makes it easier to prove that the design is legally yours and when you created it.

Social Media 52

Social Media Designs Design Business 52

IIPRD

MAY 9, 2024

Hence, the concept of cross licensing agreement has originated with the intent to help various organizations in sharing patent licenses along with their rights and liabilities leading to their easier access to masses and reduction of monopolistic market tendencies. Cross-licensing agreements can both restrain and advance competition.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Licensing Law 59

LexBlog IP

SEPTEMBER 22, 2021

As described in the letter, some pharmaceutical companies engage in anti-competitive patent practices that artificially extend the manufacturer’s monopoly on a drug, prevent competitors from entering the market, and drive up the cost of drugs. Fintiv, Inc. IPR2020-00019, Paper 11 (PTAB Mar.

Patent 52

Patent Designs Design Marketing 52

LexBlog IP

AUGUST 28, 2023

23/2020 on the Regulation of the Sale of Residential Real Estates by the Heirs and Dubai Decree No. 23/2020 – Regulation of the Sale of Residential Real Estates by the Heirs: This decree focuses on the regulations surrounding the sale of residential properties inherited by heirs in the Emirate of Dubai. 23/2020 and No.

Government 52

Government Ownership Law Settlement 52

Technology & Marketing Law Blog

AUGUST 12, 2023

In 2020, he performed procedures for four patients, Chesson, Gage, Melton, and Robinson (tragically now deceased). To be deploying gag contracts in 2020 and suing over them in 2022 is bonkers. 10, 2023) The post Another Doctor Learns Why It’s Unwise to Sue Patients appeared first on Technology & Marketing Law Blog.

Contracts 70

Contracts Licensing Business Blogging 70

IPilogue

DECEMBER 9, 2022

In the verdict form the jury stated that Defendants had not proven fair use, the Plaintiff (Alexander) should receive $3,750 USD for actual losses from the Defendant’s use of the tattoo designs, and did not answer as to profits can be attributed to the Plaintiff for use of the tattoos. The Court’s Conclusions. Final Call, Inc.,

Fair Use 112

Fair Use Copying Licensing Copyright 112