Technology & Marketing Law Blog

JULY 16, 2021

2021 WL 221878 (9th Cir Jan. 22, 2021): companies now pay so-called “influencers” to issue posts on social media touting their products or services. Robinhood Markets, Inc., 2021 WL 2435307 (N.D. June 15, 2021). 2021 WL 151978 (N.D. 2021 WL 2476853 (E.D. La Marque, 2021 WL 1997376 (D.

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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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TorrentFreak

JANUARY 30, 2022

Spanish Companies Sign Protocol in 2021. 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.

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Patently-O

AUGUST 23, 2021

2021) [ OPINION ]. Obviousness of a design patent is governed by 35 U.S.C. Importantly, the Federal Circuit suggests that the obviousness inquiry should begin with a primary reference whose whose “design characteristics … are basically the same as the claimed design” and that creates “basically the same visual impression.”

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TorrentFreak

NOVEMBER 19, 2023

StreamSafely: How it All Began The people who came up with the StreamSafely campaign and still run it today are collectively known as Ctam Cable Marketing Association Inc. , As the current member list shows, cable marketing has considerable scope. or CTAM for short. ” Under the heading The Cable Industry v. million expenses, $1.1

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The TTABlog

SEPTEMBER 2, 2021

Opposer's sales, advertising, and media coverage led the Board to conclude that Lacoste's alligator design marks are "'renowned' in the clothing market, and, at the very least, commercially quite strong." 91244445 (August 25, 2021) [not precedential] (Opinion by Judge Michael B. Welch 2021. But what about the marks?

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Garrigues Blog

SEPTEMBER 7, 2021

Whether or not these types of products or components can be protected as industrial designs must be addressed case by case. The legal protection of industrial designs mainly covers aesthetics, the specific shape or aesthetic configuration of a product. Specifically, article 4.2 of Regulation 6/2002.

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JD Supra Law

DECEMBER 3, 2021

ITC to Determine if Importing of Oil-Vape Cartridges to Go Up in Smoke - The ITC recently initiated an investigation into whether 38 manufacturers' imports of oil-vape cartridges used to smoke cannabis and THC infringe a series of utility and design patents held by Shenzhen Smoore Technology Limited.

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Herbert Smith Freehills

SEPTEMBER 10, 2021

In particular, Article 6 contains three carbon pricing mechanisms, two of which are market-based (see below). Some businesses may experience a difference in the cost of their compliance with carbon market regimes, whilst other businesses may see their competitiveness affected by a harmonised carbon price. Non-market-based approach.

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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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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.

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IP Tech Blog

AUGUST 22, 2022

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. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

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The IPKat

SEPTEMBER 28, 2021

On 22 September 2021, China released a 15-year plan to develop intellectual property rights (IPR): ‘The Outline of Building a Powerful Intellectual Property Nation’ (2021–2035). The Outline’ (2021–2035) is highly noteworthy, comparable to the 2008 Outline of the National Intellectual Property Strategy. ‘The

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azrights

APRIL 22, 2021

World IP Day 2021 shines a light on the critical role of SMEs in the economy and how they can use IP rights to build stronger, more competitive, and resilient businesses. The video is particularly apt for World IP day 2021 centring as it does on IP and SMEs, which is this year’s World IP day focus. The Azrights animation video.

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The IPKat

JANUARY 5, 2022

Green Label (of 23 August 2021), the BOA ruled that vacuum cleaner bags enjoy design right protection, overturning a previous decision by the Invalidity Division. Background of the case In 2008, Miele successfully registered a Community Design (‘CD’), consisting of a depiction of a vacuum cleaner bag, one of which is shown below.

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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.

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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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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. 2020 , March 2020 , and 2021 (the appellate ruling that made my list of top 10 Section 230 developments of 2021). I’ve blogged that case three times as well, in Feb.

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43(B)log

AUGUST 26, 2021

2021 WL 1253803, No. 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. Simpson Strong-Tie Company Inc. 20-cv-06957-VKD (N.D.

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LexBlog IP

AUGUST 22, 2022

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. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

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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.,

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JD Supra Law

FEBRUARY 1, 2022

When Fame is the Name of the Game - As of the third quarter of 2021, Swedish music streaming company SPOTIFY boasted 381 million monthly active users worldwide – significantly more than the population of the entire United States.

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The IPKat

DECEMBER 16, 2021

CPL had a registered trademark in the word “Conphamol” and the design of the product packaging. In July , a Federal High Court in Nigeria in Raji Mutiu Okiki (Okiki Bright) v Emerging Markets Telecommunications Services Limited & 3 Others found the defendants liable for copyright infringement of the plaintiff’s song “Gba Gbe Boshe Sele”.

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IP Tech Blog

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. On June 24, 2021, the Shenzhen AMR issued its first injunction under the above described scheme. The Shenzhen ASM Experiment.

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Designs Design Copyright Design Patent 57

The IPKat

JUNE 21, 2023

An Italian cat reflecting on jurisdiction Background On 13 January 2021, German company Bulthaup GmbH & Co. DM045.247 relating to its “B3” tap by the tap “Alila” marketed in Germany by German company Nobilia-Werke J. KG sent a warning letter to German company Nobilia-Werke J. Stickling GmbH & Co. Stickling GmbH & Co.

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Kluwer Copyright Blog

FEBRUARY 22, 2022

CREATe , within the AHRC Creative Industries Policy and Evidence Centre (PEC) , launched the 21 for 2021 project in May 2021. In this post, we offer an overview of the project to date, stratified across CREATe’s core research themes : Creative Industries , the Public Domain , and Competition and Markets. Creative Industries.

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Trading Secrets

DECEMBER 21, 2021

Throughout 2021, our dedicated Trade Secrets, Computer Fraud & Non-Competes Practice Group hosted a series of CLE webinars that addressed significant trade secret and restrictive covenant issues facing clients today. Overview of Non-Compete Legislation and Enforcement Issues from 2021. View the Recording.

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IPilogue

JANUARY 30, 2023

Famous for its easily-recognizable design of breathable and water-friendly clogs, Crocs was founded in 2002 in the US by three college friends who enjoyed sailing. Released on October 21, 2022, this case decision concerned the validity of the industrial design rights for Crocs’ MAMMOTH line of fleece clogs (“939 Design”).

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Plagiarism Today

FEBRUARY 10, 2022

In July 2021, artist Damien Hirst debuted his latest exhibit , a collection of 107 paintings (30 of which were on display) of cherry blossoms. This market has been described repeatedly as a scam. Simply put, the art market is a small, highly concentrated market that values the cache of the artist over their originality.

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Garrigues Blog

JUNE 28, 2021

China has taken a further step towards aligning its regulations with the international protection system for designs. On June 1, 2021, the most recent reform of the country’s Patent Act entered into force, which includes significant changes to how industrial designs are regulated. Key reforms.

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LexBlog IP

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. On June 24, 2021, the Shenzhen AMR issued its first injunction under the above described scheme. The Shenzhen ASM Experiment.

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Intellectual Property Office Blog

NOVEMBER 28, 2022

Or complex mounted structures designed to be used within garages. He described how this has allowed him to work with brand protection consultancy, SnapDragon to carry out searches of digital markets for counterfeit versions of the CLUG. Copyright Hornit © 2021. Copyright © Hornit, 2021. Copyright © Hornit, 2022.

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Technology & Marketing Law Blog

SEPTEMBER 29, 2023

Coons and Tillis reintroduced the SHOP SAFE Act with only minor changes from its 2021 incarnation. It is a neutron bomb designed to wipe marketplaces off the Internet. The INFORM Consumers Act was designed to redress the same concerns as the SHOP SAFE Act, and it just became effective a few months ago.

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The IPKat

AUGUST 10, 2023

Designs law consultations The call for submissions on the proposed changes to the Australian design rights system are open until this Sunday, 13 August 2023 (AEST). Here are the latest updates - along with a reminder to check out the IPKat's forthcoming events page.

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The IPKat

FEBRUARY 21, 2022

And as such at the end of 2021 the Italian Government decided to modify the Italian Patent Box legislation in an attempt to simplify the regime , inserting some amendments into the annual Finance Act for 2022. 50 of 24.4.2017).

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Dragons' Den

FEBRUARY 16, 2023

In this week’s blog, I’ll focus on two pitches and consider what is patentable and the difference between designs and patents. And so in December 2021, he launched an ‘in your pocket music promotions hub’. Alex explained that his company’s algorithm takes an artist’s data and then turns it into targeted and practical marketing.

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Technology & Marketing Law Blog

AUGUST 24, 2021

“plaintiffs do not attempt to allege that housing was generally available in their desired markets – much less that housing Ads satisfying those criteria were being placed in Facebook – under the criteria that any of the plaintiffs were using during the times they were using Facebook to search for housing. .” Facebook, Inc.

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