IP and Legal Filings

FEBRUARY 8, 2023

Indian Copyright Registration The Indian Copyright Office is similarly confused how to handle such requests. As previously reported, the copyright office rejected an application in 2020 that claimed AI (RAGHAV) who was only/sole author of the artwork. [i] In this case, the copyright office allowed registration.

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Registration Art Copyright Artwork 98

SpicyIP

JULY 28, 2021

We are pleased to bring you a guest post by Yashi Agrawal on India’s recent accession to the Locarno Agreement, discussing inter alia the resultant amendments to India’s design laws and prospective benefits to India on becoming a part of the Locarno Special Union and Assembly. Yashi Agrawal. India and the Locarno Agreement.

Design 124

Design Designs Intellectual Property Editing 124

The IPKat

SEPTEMBER 9, 2021

Late last month (August), the Kampala Protocol on voluntary registration of copyright and related rights within the framework of the African Regional Intellectual Property Organization (ARIPO) was adopted at a Diplomatic Conference held in Kampala, Uganda. This post presents some of the highlights of the Protocol. See Article 6.

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Related Rights Registration Copyright Contracts 95

Plagiarism Today

JANUARY 3, 2022

On December 2020, Congress passed the Copyright Alternative in Small-Claims Enforcement Act or the CASE Act. According to Unicolors, the retailers infringed on one of their designs and sold various goods with it. Though the infringement isn’t in question, the copyright registration is. 1: The Copyright Small Claims Court.

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Copyright Public Domain Registration Social Media 263

Kashishipr

SEPTEMBER 20, 2021

The label in question was designed by an employee of SK Oil Industries. It was in October 2020 when SSPL came to know about NTC’s use of a similar label and trade dress for its set of soya bean edible oil products. It is also the successor of SK Oil Industries. In May 2007, the label mark ‘SOYA DROP’ was registered.

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Registration Artistic Work Copyright Registering Trademarks 98

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.

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Registration Trademark Trademark Law Law 97

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 Design 98

Patently-O

NOVEMBER 21, 2022

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. ” In general, that amount of evidence is insufficient to support a product design trade dress registration.

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Design Designs Registration Trademark 75

Patently-O

OCTOBER 8, 2021

36 Judgment without any opinion (the original complaint included some design patents as well). 1064(3) for determining whether a registered trademark has “become” generic applies where a term originated as generic before registration. On appeal, the Federal Circuit affirmed in a R.36 Australian Leather has now petitioned to the U.S.

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Trademark Registering Trademarks Licensing Design Patent 136

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.

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Copyright Public Domain Copying Copyright Notice 271

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. In 2015, it sought copyright registration of this useful article as a sculptural work. This commentary presents some of our findings.

Design 75

Design Designs Copyright Design Patent 75

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

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.

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Copyright Law Art Design Designs 78

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.

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Registration Fair Use Copyright Design 132

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.

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Design Patent Design Designs Patent 57

The IPKat

JULY 3, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg) on a brand-new decision issued by the General Court of the European Union on 3 July 2024 in an interesting design case (Case T-329/22). On 24 July 2020, Canalones Novokanal S.L., by Henning Hartwig I.

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Design Designs Art Law 67

The IPKat

MAY 6, 2024

Determining the informed user and the way the informed user perceives the design of a specific product are important steps in the assessment whether two designs produce the same overall impression. 002138008-0031 for ‘door and window handles’: The design was registered on 27 November 2017.

Design 57

Design Designs Intellectual Property Art 57

IP Tech Blog

AUGUST 16, 2021

With the end of the Brexit transition period on 31 December 2020, the EU legislation governing the EU trade mark and design system ceased to apply to the UK. However, the applicant of an EUTM or RCD application pending on 1 January 2021 can apply for registration of a UK right and claim the earlier filing date until 30 September 2021.

Design 57

Design Designs Blogging Registration 57

The IPKat

JULY 9, 2022

The conference, which from now on will be a yearly event, was excellent: during the two days of proceedings, over 50 speakers covered topical issues and recent case law spanning all substantive IP rights: not just trade marks designs and geographical indications (all areas over which the EUIPO does have competence), but also copyright and patents.

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Registration IP Design Designs 98

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.

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Design Designs Art Intellectual Property 58

SpicyIP

JANUARY 23, 2022

This time the examination was supposed to be held in 2020 but has now been fixed for May 2022. Apart from this, I will separately send out a drafting template for specification, and a complete patent prosecution file to the registrants on their email address. Questions regarding the registration, course pedagogy, waivers in fees etc.

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Patent Drafting Patent Advertising Advertising 105

IP and Legal Filings

AUGUST 30, 2022

With economy soaring high, Qatar has the fourth highest GDP (PPP) per capita in the world and sixth highest GNI per capita as per the reports in 2020. The process of trademark registration in Qatar is governed by the Law no. A single application for registration may be filed for a group of marks upon payment of the prescribed fee.

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Registration Copying Trademark Design 52

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

SpicyIP

JANUARY 23, 2023

Aparajita discusses the key arguments made by Pfizer/ BioNTech in her piece and raises question on enforceability of Moderna’s patents in light of its 2020 patent pledge. The Defendant argued that the suit design was published prior to the date of registration under a different trade name.

Design 105

Design Designs Invention Registration 105

TorrentFreak

OCTOBER 10, 2022

In 2020, complaints from the Federation of Newspaper Publishers (FIEG) over the illegal distribution of newspapers, periodicals, and books, led to an emergency order requiring Telegram to shut down 19 channels or face blocking itself. In early 2020, ODG filed a complaint at the Public Prosecutor’s Office at the Court of Milan.

Advertising 144

Advertising Advertising Cinema Copyright Infringement 144

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

43(B)log

AUGUST 19, 2021

By August 2020, CasperLabs had begun referring to its blockchain protocol and forthcoming token as “Casper.” It filed an application to register CASPER as a trademark in connection with blockchain technology; the registration issued in November 2020. Their agreements terminated in late 2019.

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Registration Social Media Trademark Registering Trademarks 56

The IPKat

AUGUST 2, 2022

A deceptive sign is not eligible for trade mark registration. On 17 December 2020, DWB filed a trade mark application for the disputed sign to the China National IP Administration (CNIPA), which was rejected on the basis of Article 10.1 (7) Such rule, in the Trade Mark Law of China ( TMLC ), is directly stipulated in Article 10.1 (7):

Intellectual Property 113

Intellectual Property IP Design Designs 113

IP and Legal Filings

AUGUST 11, 2021

The Khadi and Village Industries Commission (KVIC) has secured trademark registration for the brand name “Khadi” in three more countries which were Mexico, United Arab Emirates, and Bhutan. The trademark registration in Mexico was granted in December 2020, while the registration in UAE was granted on June 28 and latest in Bhutan on July 9.

Registration 52

Registration Trademark Branding Brands 52

LexBlog IP

AUGUST 16, 2021

With the end of the Brexit transition period on 31 December 2020, the EU legislation governing the EU trade mark and design system ceased to apply to the UK. However, the applicant of an EUTM or RCD application pending on 1 January 2021 can apply for registration of a UK right and claim the earlier filing date until 30 September 2021.

Design 52

Design Designs Registration Government 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.

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Registration Design Designs Copying 40

IP Intelligence

MAY 9, 2024

Color marks are considered inherently nondistinctive for the purpose of eligibility for federal trademark registration. In April 2020, Post Foods LLC (Post) applied to register a trademark for the various colors of its Fruity Pebbles cereal in International Class 30 for “breakfast cereals.”

Advertising 98

Advertising Advertising Trademark Registration 98

The TTABlog

JANUARY 11, 2022

Prior registrations (under the 13th DuPont factor) impacted the HANA BANCORP and ELDORADO RESORT decisions. In 2020, it was 45 out of 46. In the vast majority of cases, the differences in the marks or the differences in the goods/services proved to be dispositive. In September 2019, the Board affirmed all 47 Section 2(d) refusals.

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Design Designs Registration Copyright 88

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.

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Trademark Registration Trademark Law Branding 119

IP and Legal Filings

NOVEMBER 23, 2024

First, Apple ensures early registration of its trademarks, such that it obtains protections across categories like its iconic logo and product names such as “iPhone” and “iPad.” Section 28 of the said act deals with the registration while section 29 deals with infringement and remedies.

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Branding Brands Branding Technology 104

The IPKat

NOVEMBER 24, 2022

Several of the recipient companies filed actions with the DPMA to invalidate the registration. The DPMA cancelled the registration of “Black Friday” due to lack of distinctiveness. 8(2)(2) prohibits registration of signs that “may serve” as descriptive. also in February 2020. 8(2)(2)), and bad faith (Sec.

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Registration Advertising Advertising Art 117

IP and Legal Filings

MARCH 24, 2023

The Plaintiff is in the process of constructing the “Burj Noida” tower and owns several copyright registrations for BURJNOIDA, including for the shape of the planned building, as well as a trademark registration for.

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Registration Trademark Copyright Infringement Copyright 97