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.

Designs 73

Designs Design Copyright Design Patent 73

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.

Design Patent 57

Design Patent Designs Design Patent 57

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.

Designs 73

Designs Design Art Intellectual Property 73

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.

Designs 67

Designs Design Marketing Marketing 67

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.

Marketing 52

Marketing Marketing Music Registration 52

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.

Design Patent 52

Design Patent Designs Design Patent 52

The IPKat

DECEMBER 16, 2021

CPL had a registered trademark in the word “Conphamol” and the design of the product packaging. The Court of Appeal rightly held that registration of copyright is not a requirement in Nigeria, and the High Court erred by relying solely on the fact of registration of the plaintiff’s “registered” proposal.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

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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Designs Design Intellectual Property Registration 52

Patently-O

JULY 8, 2021

Timberland did not patent or register a copyright the design, and the market it rife with copycat boots. The examiner had also rejected the trade dress registration as improperly functional, but the TTAB did not reach that issue. — Dennis Crouch (@patentlyo) July 8, 2021. Lawsuit pending in TBL Licensing v.

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Registration Licensing Trademark Designs 128

IP and Legal Filings

FEBRUARY 2, 2023

Introduction The Ministry of Electronics and Information Technology (MeitY) was designated as the focal ministry for all issues pertaining to the online gaming sector on December 23, 2022. MeitY has extended a deadline for comments on the proposed amendment of January 17, 2023. Self-regulatory Bodies.

Due Diligence 86

Due Diligence Registration Government Technology 86

43(B)log

AUGUST 19, 2021

CasperLabs, LLC, 2021 WL 1164985, No. 26, 2021) Zamfir is a researcher in the field of cryptoeconomics and distributed systems; he and Vitalik Buterin are allegedly the two lead researchers of the proof-of-stake blockchain protocols known as Casper (name adopted around 2015). 21cv474-GPC(AHG) (S.D.

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Registration Social Media Trademark Registering Trademarks 70

Intepat

MAY 28, 2024

This success is largely attributed to Apple’s effective trademarking of various designs and sounds related to its products and services. Notably, Apple trademarked its store design in the United States in 2011. has invested heavily in marketing and brand promotion, making its trademark well-known to consumers.

Trademark 52

Trademark Intellectual Property Branding Brands 52

IPilogue

DECEMBER 1, 2021

Bonnie Hassanzadeh is a 3L JD Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. On October 28, 2021, Facebook’s founder, Mark Zuckerberg, announced that the company will change its corporate name to “Meta”.

Business 111

Business Trademark Social Media Registration 111

The IPKat

MAY 11, 2024

The fruit industry news has been abuzz this week with reports that a new pineapple will soon be hitting the market in the United States. The pineapple, characterised by its red outer skin and produced in very limited quantities in Costa Rica, is being marketed under the name Rubyglow™ and will retail for nearly $400 per fruit.

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Trademark Registering Trademarks Marketing Marketing 107

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.

Designs 52

Designs Design Music Invention 52

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.

IP 103

IP Business Branding Brands 103

The IPKat

JUNE 10, 2024

Looking at the data published by the EUIPO from the past three years, trade mark registrations for non-conventional marks remain nevertheless low. Out of 180 thousand registered trade marks in 2021, only 600 fell under the category of non-conventional trade marks. As such, it differed from any other shape on the market.

Law 67

Law Registration Publishing Designs 67

The TTABlog

OCTOBER 5, 2023

As to commercial strength, there were no third-party uses or registrations of the same or similar sun-kissed formative marks in the industry. Applicant markets KIST to reference a kiss." Opposer markets SUNKIST to reference the sun." It failed to do so. And so, the Board jettisoned the dilution claim.

Advertising 64

Advertising Advertising Marketing Marketing 64

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 TTABlog

JANUARY 6, 2022

[Section 2(d) refusal of the word-plus-design mark shown below for, inter alia , "non-metal tiles for countertops, walls, sinks, and floors in bathrooms and kitchens," in view of the registered mark BELLAVITA TILE registered for “Non-metal tiles for walls and floors; ceramic tiles; porcelain tiles; glass tiles.” Welch 2021.

Social Media 60

Social Media Advertising Advertising Music 60

IPilogue

OCTOBER 19, 2021

On September 28, 2021 , The Hershey Co. 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? Writer, IP Innovation Clinic Fellow,?and and a 2L JD Candidate at?Osgoode?Hall

Cease and Desist 106

Cease and Desist Branding Brands Branding 106

The IPKat

DECEMBER 21, 2023

Those machines have been imported into the UK for distribution and sale since June 2013, and marketed using the acronym ICE and the following logo: Both the Claimant and the First Defendant have trade mark registrations in the United Kingdom.

Registration 64

Registration Intellectual Property Designs Design 64

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. All this was at the centre of a recent decision of the Milan Court of First Instance ( decision 10280/2021 ).

IP 86

IP Designs Design Registration 86

The IPKat

JULY 4, 2021

Registration is available here. The event is free of charge, and registration is available here. Participation is possible both on-site and online and registration is taken here. Other WIPO, Ministry of Economy of Ukraine and the Ukrainian IPO have opened registration for the Ukraine Summer School on Intellectual Property.

Intellectual Property 67

Intellectual Property Journalism Social Media Intellectual Property Law 67

The IPKat

NOVEMBER 26, 2021

Christmas markets are already here, the lights are bright and shining, but before November is over, this Kat brings you another bundle of joy in the form of IP events and opportunities. Registration is possible until 9 December 2021 and further information is available here. More information about the award can be found here.

Intellectual Property 75

Intellectual Property Intellectual Property Law Higher Education IP 75

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 113

Designs Design Inventor Trademark 113

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

The IPKat

JANUARY 24, 2022

Last week, the General Court (GC) answered this question in the affirmative in its decision in T-483/20 Tecnica Group , concerning trade mark protection of the shape of an icon of Italian fashion design and history: the Moon Boots. Registration ( No 10 168 441 ) was granted the following year.

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Registration Copyright Copyright Infringement Branding 142

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

Indiana Intellectual Property Law

MARCH 7, 2023

The EMSCULPT is a non-invasive medical device designed to stimulate muscle contraction using electromagnetic energy. The Muscle Stimulator is marketed and sold as a non-invasive device that uses electromagnetic energy to stimulate muscle contraction, and it is intended for use in body contouring and muscle strengthening applications.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

Indiana Intellectual Property Law

JUNE 23, 2022

Merrillville, Indiana – Plaintiff, NuStar Enterprises LLC (“NuStar”), is a clothing and apparel company that markets and sells clothing and apparel and related accessories. NuStar was granted a registration for its mark RELOADED® under Registration No. 1114 , N.J. Stat § 56:3-13.16 1125 and IC 27-4.

Trademark 52

Trademark Registration Designs Design 52

LexBlog IP

MARCH 6, 2023

With the increased funding pouring into this sector has come a desire to protect the intellectual property in the products, research, and developments brought to market. 1] Similarly, a Colorado court found the illegality doctrine did not bar a design patent infringement suit involving a TOKER POKER hand tool [2]. 23, 2022). [1]

Litigation 52

Litigation Patent Design Patent Patent Application 52

The IPKat

MAY 15, 2024

Background of the case On 5 July 2021, the Chilean company The Not Company SpA (the Applicant) filed the application for trade mark registration no. Background of the case On 5 July 2021, the Chilean company The Not Company SpA (the Applicant) filed the application for trade mark registration no.

Registration 56

Registration Intellectual Property Trademark Branding 56

The IPKat

DECEMBER 9, 2021

Katfriend Federica Combariati (TM IP Counsel at Assa Abloy) discusses a recent decision relating to AC Milan’s attempt to extend its international trade mark registration for its club logo to the territory of the European Union. A German based company, very prolific in such business area, has already registered the name "Milan".

Branding 94

Branding Brands Branding Registration 94

The IPKat

FEBRUARY 20, 2024

Among other products, CeramTec markets a pink-coloured hip-replacement implant. The patent, which included France among the designated states, expired on 5 August 2021. In 1991, CeramTec obtained a European Patent to a ceramic matrix composite, used in the production of this hip-replacement implant.

Art 64

Art Registration Registering Trademarks Intellectual Property 64

The TTABlog

AUGUST 9, 2021

91232164 (August 4, 2021) [not precedential] (Opinion by Judge Karen Kuhlke). Based on Trek Bicycle's sales figures, market share, promotional efforts, and media attention, the Board found the mark TREK to be famous, but only for bicycles and bicycle accessories. One might say it was a long trek to registration. Welch 2021.

Registration 103

Registration Journalism Designs Design 103

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 75

Designs Design Artistic Work Technology 75