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.

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Designs Design Registration Intellectual Property 60

Plagiarism Today

NOVEMBER 16, 2022

1: Ninth Circuit Affirms Validity of Unicolors’ Copyright Registration on Remand, But H&M Scores Big on Remittitur Calculations. The lawsuit was filed by Unicolors, which accused H&M of infringing a 2011 design that they created as part of a 2015 one H&M sold in their stores and online.

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Registration Designs Design Copyright 208

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 Designs Design Copying 40

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

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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Designs Design Registration Trademark 73

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 Designs Design 75

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 Designs Design Patent 57

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 82

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

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.

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Design Patent Designs Design Patent 52

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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Designs Design Art Intellectual Property 73

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.

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Designs Design Intellectual Property Editing 124

LexBlog IP

DECEMBER 26, 2023

Keep in mind the generators are trained on existing material, including things that are protected by copyright and trademark law and registration and patents. Well, they’re right, I can apply, but registration surely won’t be granted. That doesn’t mean you’re in the clear for ownership and registration, however.

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Designs Design Trademark Copyright 52

Plagiarism Today

AUGUST 18, 2022

copyright law in December 2020 with the signing of the Copyright Alternative in Small-Claims Enforcement Act (CASE Act). . The system is designed to be navigable by non-lawyers and, instead of a judge and/or jury, the case is heard by a panel of three officers and the entire process is held online.

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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.

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Designs Design Blogging Registration 57

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.

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Designs Design Copyright Design Patent 73

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.

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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.

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Designs Design Registration Government 52

LexBlog IP

MAY 18, 2022

2D designs and texts on a product or packaging may be protected as written, pictorial, photographic, and graphic works, or even works of fine art, depending on the nature of the design elements. The situation is much more complex for product designs and 3D packaging. copyright law. For comparison, U.S. Like in the U.S.,

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Designs Design Copyright Artistic Work 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. That application issued to registration in December 2021.

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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 70

The TTABlog

JULY 8, 2024

In this appeal from final refusals issued in two expungement proceedings, the Board affirmed the USPTO Director's decision to cancel registrations for the mark SMARTLOCK , in standard character and design form, for "Components for air conditioning and cooling systems, namely, evaporative air coolers." Examining Attorney Laura E.

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Registration Service Mark Designs Design 67

SpicyIP

OCTOBER 30, 2023

Three years after the 2020 amendments to the Geographical Indication Rules, 2002 , the Ministry of Commerce and Industry (MoCI) published the 2023 draft amendments on October 20, inviting objections and suggestions from the relevant stakeholders.

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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. This therefore concludes this fourth round of amendment to the PRC Patent Law.

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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).

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Copying Branding Brands Branding 102

43(B)log

OCTOBER 9, 2023

21, 2023) Deetsch alleged that he owned design patents for CPAP pillow products, which the Lei defendants infringed. They also allegedly used Deetch’s image in ads and on packaging, and allegedly falsely claimed on Amazon that their pillow products “were designed in the United States but are manufactured in China.”

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Advertising Advertising Branding Brands 70

Indiana Intellectual Property Law

MARCH 5, 2024

The U.S. (..)

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Registration Trademark Marketing Marketing 52

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 Designs Design 98

Olartemoure Blog

NOVEMBER 25, 2022

million applications for patent registrations in 2021, or 3.6% more than in 2020. Trademark and industrial design applications increased by 5.5% Within the indicators, it is highlighted that innovators worldwide filed 3.4 and 9.2%, respectively.

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Intellectual Property Registration Publishing Reporting 52

The IPKat

MARCH 12, 2024

IPKat readers can take advantage of a 15% discount on the registration fee. The launch of ‘Le sac Swoosh’ (or ‘The Swoosh bag’) in February raised an eyebrow from art director and graphic designer Davide Perella, who shared his version of a concept Nike bag in 2020.

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Graphic Design Editing Designs Design 56

The TTABlog

JULY 28, 2021

The United States District Court for the Eastern District of Virginia (Judge Liam O'Grady) affirmed the TTAB's decision of January 20, 2020 [ TTABlogged here ], dismissing a petition for cancellation of a registration of the mark SHUSTOV & Design (shown below) for various alcoholic beverages.

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IP Tech Blog

NOVEMBER 25, 2022

This requires translating the complaint and related documents, delivering them to the foreign country’s designated “Central Authority,” and then waiting for that Central Authority to actually deliver the documents and confirm delivery to the plaintiff. These costs and delays often dissuade plaintiffs from ever bringing well-based claims.

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Trademark Registration Designs Design 57

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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Garrigues Blog

JUNE 14, 2022

In this article we will look at the main aspects of the document, which provides a detailed analysis of global trends in relation to filing, registration, validity and other aspects of intellectual property around the globe, as we did with the 2020 Indicators (see here and here ). In 2020, China accounted for 45.7% Trademarks.

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Intellectual Property Designs Design Reporting 52

The TTABlog

DECEMBER 21, 2021

The NAKED condom case returned to the TTAB after a CAFC reversal [ TTABlogged here ] and the Supreme Court's denial of the registrant's petition for writ of certiorari (September 2021). Respondent's evidence and testimony showed that its principal had worked in the birth control industry since 1989, designing a "relaxed-fit" condom.

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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

MAY 10, 2024

Its gained momentum with the advent of importance in R&D and patent registration. 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.

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Intellectual Property Technology Licensing Invention 101