The IPKat

MARCH 25, 2024

Here’s what Henning writes: Works of applied art – the difference between design and copyright law by Henning Hartwig I. If this qualifying criterion were to be relinquished, design law would ultimately become obsolete. This is the price for the fact that the author can and should create completely without purpose.

Copyright Law 80

Copyright Law Art Design Designs 80

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 75

Designs Design Registration Trademark 75

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 69

Design Designs Art Marketing 69

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.

Design 75

Design Designs Copyright Design Patent 75

Plagiarism Today

NOVEMBER 18, 2021

Over at CopyByte , one of my main jobs is removing plagiarized marketing copy such as what Streamlabs had on its site. At the very, very least this was incredibly sloppy and required a breakdown of design and writing conventions at multiple stages. Accident or Not, a Problem Remains.

Plagiarism 279

Plagiarism Web Development Copying Copyright Notice 279

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!

Design 64

Design Designs Copying Copyright Infringement 64

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 128

Business Technology Marketing Marketing 128

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 64

Design Designs Registration Intellectual Property 64

IP Tech Blog

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 57

Design Patent Design Designs Patent 57

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

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 60

Design Designs Art Intellectual Property 60

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 105

Intellectual Property Technology Licensing Invention 105

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.,

Designs 72

Designs Design Law Copyright 72

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.” WCT’s principal testified that he continued developing a new version of the Bike+ app from 2017 until 2020, writing “over 2.4 The new app then launched in January 2021.

Marketing 59

Marketing Marketing Trademark Registration 59

Copyright Lately

DECEMBER 29, 2024

When I first launched this tradition in 2020, during the height of the pandemic, best of lists felt a little out of touch. Photographers, writers, and other artists often register multiple works as part of a group to save costs and streamline the process, even when the individual works are marketed and consumed independently.

Copyright 118

Copyright Social Media Cease and Desist Fair Use 118

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

SpicyIP

JANUARY 26, 2025

Case Summaries Guddu Gupta Trading as Ms Leela vs Suraj Gupta Trading As Ms Devi Leela … on 18 January, 2025 (Delhi District Court) The plaintiff, trading as Leela Cosmetics, alleged that his brother operating under Devi Leela Cosmetics, infringed upon his trademarks ROOP LADY and ROOP LEELA, as well as the design of his sindoor stick bottles.

Trademark 58

Trademark Art Registration Business 58

Kluwer Copyright Blog

MARCH 13, 2025

In 2020, a contribution to this blog reaffirmed that metadata matter for the future of copyright. Throughout the last five years, we have witnessed an ever-increasing online streaming market , and a boom in large-scale text and data mining (TDM) of online works for generative AI models.

Music 52

Music Copyright Law Copyright Designs 52

TorrentFreak

APRIL 12, 2022

“NuStar’s clothing and apparel products, including its RELOADED® line of merchandise, are available for retail purchase in brick-and-mortar stores, and were also marketed, distributed, and sold through NuStar’s ‘Reloaded’ storefront on Amazon.com,” the complaint reads. ” Plaintiff Seeks Damages and Injunction.

Brands 142

Brands Branding Branding Trademark 142

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.

Designs 118

Designs Design Copyright Technology 118

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

TorrentFreak

NOVEMBER 7, 2022

Copyright holders operating in Denmark, where just six million people speak Danish, view private torrent sites as unfair competition in what is already a relatively small market. On November 3, 2022, at the Aarhus Courthouse in Denmark, a 47-year-old man became the fifth member of Asgaard to be convicted since is closure in late 2020.

Copyright 144

Copyright Music Government Reporting 144

TorrentFreak

OCTOBER 16, 2021

This week, beIN Media Group and subsidiary Miramax submitted their recommendations to the Office of the United States Trade Representative for the purposes of the USTR’s 2021 Out-of-Cycle Review of Notorious Markets. “Dream TV is a well-known and widely viewed Moroccan-based pirate IPTV service provider.

Reporting 142

Reporting Marketing Marketing Television 142

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 99

Marketing Marketing Reporting Designs 99

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 Design Designs Patent 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. Mangos Caribbean Restaurant LLC, 2020 WL 10056405 (N.D. On the contrary, they seem easily separable. 2021 WL 2435307 (N.D. June 15, 2021). Employment. Crawford v.

Advertising 122

Advertising Advertising Contracts Social Media 122

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 98

Blogging Copyright Fair Use Copyright Infringement 98

TorrentFreak

OCTOBER 5, 2021

Initially filed in August 2020, the complaint targeted five ‘doe’ defendants, together doing business as Universe IPTV and Universe TV. In December 2020, DISH’s first amended complaint named three people as the alleged operators of Universe IPTV – Mohamed Omar, Hossam Abd Elghany, and Moustafa Maatouk.

Copyright Infringement 144

Copyright Infringement Copyright Cease and Desist Social Media 144

TorrentFreak

NOVEMBER 4, 2024

That event, which has been confirmed as a DAZN error, has also impacted RIPE Atlas , a system designed to measure internet connectivity. Max’s presentation further revealed that Imperva Incapsula IP addresses were also blocked as part of the blunder that blocked Google Drive on October 19th.

IP 117

IP Journalism Confidentiality Advertising 117

LexBlog IP

APRIL 25, 2022

art market, the Report concluded that there was no immediate need to impose new regulations on the art market to combat money laundering and terrorism finance. Yet the Report also discussed how the art market remains susceptible to money laundering and describes how market participants can minimize this risk. Background.

Art 52

Art Marketing Marketing Due Diligence 52

TorrentFreak

AUGUST 12, 2022

Having spent billions on development and marketing over decades, companies like Microsoft dominate important sections of the software market. The defendants are described as prolific distributors of “black market access devices”, aka activation keys and tokens for Microsoft software. Device Peddlers Enabled Piracy.

Copying 117

Copying Licensing Marketing Marketing 117

Technology & Marketing Law Blog

APRIL 27, 2024

The design elements use “a contrasting font color” making the notice legible on the dark background. Unlike the notices at issue in Berman , the sign-in screen here lacks clutter and uses “[c]ustomary design elements denoting the existence of a hyperlink.” appeared first on Technology & Marketing Law Blog. Warner Bros.

False Advertising 98

False Advertising Government Privacy Designs 98

TorrentFreak

JANUARY 30, 2022

In April 2021, the Coalition of Content Creators and Industries, an association representing the local entertainment sector, plus partners including internet service providers (98% of ISPs in the country), signed a voluntary protocol designed to protect intellectual property rights. 869 Domains and Subdomains Blocked.

Intellectual Property 145

Intellectual Property Copyright Infringement Music Government 145

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 119

Fair Use Registration Designs Design 119

IPilogue

APRIL 12, 2022

Autoai Design Co., He released an official apology on his Facebook page in 2020 and compensated the claimed economic loss his videos caused. The market for this content has continued to grow, with an increasing number of creators uploading videos to YouTube and various video platforms.

Intellectual Property Law 119

Intellectual Property Law Television Copyright Infringement Fair Use 119

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 110

Invention Art Designs Design 110

TorrentFreak

SEPTEMBER 29, 2022

“[T]he illegal market on the Internet is constantly and rapidly developing, which is why it has been necessary to carry out a slight revision of the CoC agreement,” Rights Alliance explains. In 2017, Danish ISPs were blocking around 100 pirate sites , a figure that jumped to 478 in 2020.

Publishing 144

Publishing Copying Copyright Designs 144