Kluwer Copyright Blog

APRIL 13, 2023

CJEU judgments and AG Opinions Ocilion, AG Opinion, C-426/21 This is yet another preliminary reference on the private copying exception in Article 5(2)(b) InfoSoc Directive coming from the Austrian courts. For the a comment on the most recent Court judgment on private copying and the cloud (Case C-433/20), also coming from Austria, see here.

Copyright Law 69

Copyright Law Law Copyright Copying 69

IPilogue

OCTOBER 19, 2021

On September 28, 2021 , The Hershey Co. Cookie Department”) for copying Hershey’s famous Kisses shape. 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?

Cease and Desist 106

Cease and Desist Branding Brands Branding 106

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 113

Registration Fair Use Copyright Designs 113

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 86

IP Designs Design Registration 86

Kluwer Copyright Blog

FEBRUARY 2, 2023

In 2021, OpenAI’s Dall·E was able to create images in response to text prompts, including those combining unrelated concepts (such as “a snail made of harp”), but the results were merely competent in artistic terms. Registration was refused in August 2019, in line with previous US case law and guidance.

Copyright 145

Copyright Art Fair Use Registration 145

The IPKat

FEBRUARY 13, 2022

In 2021, there was a 14.4% increase in international registration filings compared to 2020! DESIGN On Saturday, February 5, 2022, WIPO announced China's accession to the Hague System, making it the 68th contracting party to the 1999 Act and the 77th member of the Hague Union. Background and outcome of the decision here.

Blogging 52

Blogging IP Copying Copyright 52

IP and Legal Filings

SEPTEMBER 17, 2021

Fashion, in 2021, has evolved to become a form of art that acts as a vehicle for cultural commentary and is not just merely restricted to the process of manufacturing apparel. Fashion designers and artists showcase their creative genius through conceptual fashion shows and apparel collections. The intersection of fashion and IPR.

Designs 74

Designs Design Artistic Work Technology 74

The IPKat

APRIL 19, 2023

If a new user re-registers a name whose registration is expired, a new token is created. However, and beyond the fact that the registration is expired, any name maintains in the blockchain its own history. McCoy’s registration on the Namecoin blockchain expired In January 2015. are applicable to it. are applicable to it.

Non-Fungible Tokens 120

Non-Fungible Tokens Artwork Contracts Art 120

The IP Law Blog

MARCH 5, 2021

Last month (February, 2021), Peloton filed petitions to cancel the trademarks SPIN and SPINNING for physical fitness instruction and for stationary exercise bicycles on the grounds that the marks are generic. There is a two-part test used to determine whether a designation is generic: (1) What is the class of goods or services at issue?

Trademark 85

Trademark Branding Brands Branding 85

SpicyIP

SEPTEMBER 6, 2021

& Anr passed an interim injunction in favour of the plaintiff restraining the defendants and its associates from using in any manner the trademark RAJDHANI or any other trademark which is deceptively similar to the trademark of the plaintiff [September 1, 2021]. Delhi High Court entrance. . & Delhi High Court in Dassault Systems v.

Designs 90

Designs Design Inventor Trademark 90

IP and Legal Filings

MARCH 13, 2023

Introduction The Controller General Of Patents Designs & Trade Marks is chief official responsible for facilitating the patent system in India. Refrences [i] WP(C)-IPD 55/2021 & WP(C)-IPD 76/2021. Date of Decision 12.10.22

Business 60

Business Designs Design Trademark 60

The TTABlog

MAY 29, 2024

2021 WL 839189, at *13. Applicant made a number of additional arguments in an attempt to overcome the Office's evidfence, pointing to third-party references to A S LIVE FOREVER as a brand and to purported copying by infringers.

Service Mark 113

Service Mark Branding Brands Branding 113

43(B)log

SEPTEMBER 7, 2021

2021 WL 1534988, No. The claim for cancellation of the ‘675 Mark was based on fraud in obtaining the trademark registration and misrepresentation of source, whereas their claim for cancellation of the ’549 and ’077 Marks was based on misrepresentation of source alone. Tapestry, Inc. Chunma USA, Inc., 20-CV-0271 (JMF) (S.D.N.Y.

False Advertising 59

False Advertising Registration Trademark Registering Trademarks 59

Patently-O

JULY 13, 2021

90/014,234, 2021 WL 633718 (PTAB). Design Patent No. The reexamination examiner agreed with the challenge and issued a final rejection that the claimed design was anticipated by four different prior art references. Ex parte Zhang , Reexam No. Folks continue to file anonymous ex parte reexaminations. Door-Master Corp.

Inventor 76

Inventor Art Designs Design 76

Indiana Intellectual Property Law

AUGUST 4, 2021

Since 2019, Egglife has allegedly invested $5 million dollars in the Egglife brand and is on pace to reach $30 million in retail sales in 2021. Trademark Registration Nos. Egglife is seeking damages for trade dress infringement and false designation of origin in violation of 15 U.S.C. Per the Complaint, Crepini owns U.S.

Social Media 52

Social Media Branding Brands Branding 52

IPilogue

JULY 16, 2021

On April 19, 2021, Canada’s Minister of Finance Chrystia Freeland donned a new pair of shoes to announce the annual federal budget, as per tradition, this time from the Toronto-based artisanal shoe company Zvelle. Thus, the phrase “Walk How You Want”, awaiting trademark registration as of publication , was born. Photo Credits: Zvelle.

Branding 106

Branding Brands Branding Intellectual Property 106

The IPKat

OCTOBER 31, 2021

The two-day online event will take place on 5 and 6 November 2021, from 1:00pm to 5:30pm, CET. Further details about the event, schedule and registration can be found here. Further details about the event, schedule and registration can be found here. More details about the panels and the registration can be found here.

Intellectual Property 64

Intellectual Property Intellectual Property Law IP Social Media 64

43(B)log

FEBRUARY 23, 2023

Users can download “dapps” (or decentralized applications) which allow users to design and develop software using the Internet Computer blockchain. In 2021, Dfinity announced its Developer Grant Program, a grant fund of $200 million “to support initiatives for developers to work on the Internet Computer.”

Designs 59

Designs Design Registration Trademark 59

IP Tech Blog

MARCH 21, 2022

On January 14, 2022, the China National Intellectual Property Administration (CNIPA) issued the Measures for Fast-Track Examination of Trademark Registration Applications (for Trial Implementation), which took effect on the same day. The Measures is now expanding the fast-track examination path to a larger number of filings.

Trademark 109

Trademark Intellectual Property Intellectual Property Management IP 109

IP and Legal Filings

JANUARY 16, 2023

The most popular of all customs is a play used by kids called “trick or treat” kids visit neighbour houses dressed in Halloween-themed costumes, which are designed to give a scary feeling, and ask them to give sweets by the phrase “trick or treat” if the owners of the house fail to give sweets, kids play a trick.

Intellectual Property 76

Intellectual Property Intellectual Property Law Blogging Designs 76

SpicyIP

JULY 22, 2023

It states that the current IP regime poses problems in the context of generic computer programs because of the way the algorithms are designed and trained using large data sets. National Internet Exchange India , where the court suggested using AI to prevent registration of identical and deceptively similar marks (page 6).

IP 91

IP Intellectual Property Reporting Government 91

SpicyIP

MARCH 11, 2024

Calm Water Therapeutics Llc vs The Assistant Controller Of Patents And Designs on 28 February, 2024 (Delhi High Court) The appeal challenged the rejection of a patent application for a “Bi-Functional Co-Polymer” by the Assistant Controller of Patents. Third, the evidence of the plaintiff’s use of the mark from 1989 are fabricated.

Trademark 59

Trademark Registration Copyright Patent 59

LexBlog IP

SEPTEMBER 15, 2021

the UGG mark or designation, or any reproduction, counterfeit, copy, or colorable imitation thereof, in any manner and in any format, case or spelling, on or in connection with the sale, offering for sale, distribution, or advertising of any product in the United States or its territories.” However, on 7 May 2021, the U.S.

Trademark 52

Trademark Registration Branding Brands 52

Garrigues Blog

JUNE 1, 2021

We take a look at our Top10 most-read posts in this first year of the IP Blog: The Influencers’ Code of conduct comes into force on January 1, 2021: are you aware of your obligations? Banksy Case: registration of a trademark in bad faith and the price of anonymity. My product was copied and I haven’t registered it.

Blogging 52

Blogging IP Advertising Advertising 52

The IPKat

JANUARY 13, 2022

By using asymmetric cryptography it is secured that only the owner can transfer the access rights and that the access rights cannot be copied.) The result is that the smart contract allows you to represent any IP, e.g., trademarks, designs, patents or copyrights, with a token. a MIT license ).

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

Patently-O

APRIL 6, 2023

1183 (2021). In particular, the court first assumed that the work was copyrightable based upon the registration documents. When I sa “same results” — the clone pretty much identically copied output styles so that a chart made with WPL looks basically identical to a chart made in SAS using the same code.

Copyright 56

Copyright Copying Copyright Infringement Fair Use 56

SpicyIP

FEBRUARY 13, 2023

What stands out here is that the Court granted an injunction in favour of the Plaintiff based on earlier registration without considering the non-use of the mark by them. Regardless, it sent a cease and desist to the defendants in 2022 who have a shop in Jaipur with a similar name and have registered the word mark in 2013.

Designs 52

Designs Design Trademark Cease and Desist 52

IP Intelligence

JANUARY 4, 2022

Instead, the services must be actually rendered in connection with the mark for a registration to be granted. The USPTO examiner refused registration of the mark as not having been used in commerce for the services. Patent and Trademark Office (USPTO). The applicant appealed the refusal to the TTAB.

Service Mark 52

Service Mark Registration Trademark Advertising 52

LexBlog IP

DECEMBER 3, 2021

The Registry requires verification of the rights by the brand owner listed with the USPTO on the registration in order to create the account. The owner must apply for registration and will need to provide the trademark registration number, product categories, and a list of countries where products are manufactured and distributed.

Branding 52

Branding Brands Branding Intellectual Property 52

SpicyIP

NOVEMBER 26, 2023

Though the defendant’s mark was also registered, the court reiterated that the prior use of the mark has to be protected and the registration will not have any bearing. The respondent had rejected the application holding that the mark is devoid of distinctive character and is ineligible for registration under Section 9(1)(a) or 9(1)(b).

Trademark 59

Trademark Registration Invention Social Media 59

LexBlog IP

JANUARY 4, 2022

Instead, the services must be actually rendered in connection with the mark for a registration to be granted. The USPTO examiner refused registration of the mark as not having been used in commerce for the services. Patent and Trademark Office (USPTO). The applicant appealed the refusal to the TTAB.

Service Mark 52

Service Mark Registration Trademark Advertising 52

43(B)log

FEBRUARY 23, 2024

Volume of decisions by hearing officers: registrability decisions have first mover advantage. One of the risks of looking at only one side is that you can’t actually grant a “narrow” registration. Question to explore: is the large number of these connected to post-registration audit?) That’s of registrations w/a response.

Registration 59

Registration Branding Brands Branding 59

The IPKat

FEBRUARY 23, 2023

Ltd [2022] EWHC 1895 (Ch) (July 2022) In our last volume , we reported on Samsung being held directly liable as a platform for copied watch faces for Samsung smartwatches. In 2013, Cadbury’s registration for Pantone 2685C was held invalid because its description rendered it void for lack of certainty. IPKat here.

Registration 73

Registration Advertising Advertising Law 73

The IPKat

DECEMBER 17, 2021

The Plaintiffs also contended that the logos used by the Defendants infringed on their marks and get up since their registered trademark incorporated the words ‘ACAL’ and an image with the map of Africa which the Defendants had copied. Nonetheless, the Court noted that they cannot use the likeness of the Plaintiff’s trade marks in its logos.

Trademark 96

Trademark IP Registering Trademarks Branding 96

SpicyIP

NOVEMBER 15, 2022

SpicyIP Tidbits: Clarification on Jurisdiction of High Courts after the Tribunals Reform Act 2021, and Need for Reasoned Orders for Rejecting Patent Applications. Delhi High Court joined three matters and ruled on jurisdiction of the courts post Tribunal Reforms Act 2021. Licensing Ip International S.AR.L 10, 2022 (Delhi High Court).

Trademark 86

Trademark Patent Copyright Designs 86

LexBlog IP

NOVEMBER 17, 2021

AMUL Canada , 2021 FC 636 is the most recent example of the effectiveness of default judgment. Kaira also owns common law design marks which are displayed on the websites www.amul.com and www.amuldairy.com. First, Kaira provided evidence of the goodwill that the AMUL brand and designs have acquired globally and in Canada.

False Advertising 40

False Advertising Social Media Trademark Branding 40

LexBlog IP

MARCH 21, 2022

On January 14, 2022, the China National Intellectual Property Administration (CNIPA) issued the Measures for Fast-Track Examination of Trademark Registration Applications (for Trial Implementation), which took effect on the same day. The Measures is now expanding the fast-track examination path to a larger number of filings.

Trademark 52

Trademark Intellectual Property Intellectual Property Management Government 52