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2022 ) (nonprecedential). Evo’s design patent claims an “ ornamental design for a foldable bag ” as shown in the figures above. Functionality : Design patents focus on ornamentality rather than utility. ” I.e., typically a design for a useful item. High Point Design LLC v.
The Finished Article: Essays on Indian Designs Law. I am delighted to take this opportunity to share with the SpicyIP community the release of my book, The Finished Article: Essays on Indian Designs Law (Thomson Reuters, 2022, ISBN-13: 978-9393702173). Eashan Ghosh. Both have historically been the site of some confusion.
” I’ll focus on the false designation of origin claim regarding Troia’s keyword ads. Also, there should not be a “use in commerce” when the advertiser (here, Troia) doesn’t actually offer any goods or services in the marketplace. Troia , 2022 WL 3544170 (S.D.N.Y. 2022 WL 3647817 (E.D.
However, proving that the design is distinctive enough to be protected and does not serve a functional purpose remains problematic. This protection allows the brand to safeguard its visual identity, as well as stop other businesses from using their designs’ look and feel, maintaining exclusivity and value of designs.
That’s a long prelude to explaining how my “summer 2022” really dates back to November 2021 and won’t end until January. Nevertheless, as the semester has already started at Santa Clara Law, I’ll do my rundown of my 2022 outputs-to-date anyway. Regulation of Political Advertising (2022 Edition).
With this Louis Vuitton seems to have struck a jackpot as it managed to restrain Haute24 from selling its products in a copyright dispute over its advertisement material. Due Protection to Advertisement Material The Court has rightly acknowledged the artistic merit of commissioned photos for promotional purposes. www.haute24.com
SA-22-CV-00096-XR, 2022 WL 17086368 (W.D. 18, 2022) Lexmark provides standing to a purchaser because the harms it alleged are “commercial” harms. Lynd advertised the Product as effective against the coronavirus. the Lanham Act false advertising claim survived. AHBP LLC v.
Specifically, the decision tackles the: 1) protection of a non-conventional trade mark such as an (unregistered) colour combination mark; 2) protection of a specific font as either a copyright work or as an unregistered design; 3) cumulation of multiple IP rights on a single product.
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.”
District Court for the Eastern District of Virginia upheld the TTAB's decision [ TTABlogged here ] affirming a refusal to register certain features of Timberland's boot design on the ground that the proposed mark for "footwear, namely, lace-up boots" lacked acquired distinctiveness. December 8, 2022). Welch 2022. l:21CV681 (E.D.
on 2 November, 2022 (Delhi High Court) . However, the patent on Apaxiban expired in September 2022 and via the present order, the court ruled that “ there can be no injunction on the manufactured stock lying with the Defendants, from being sold as on date. ”. vs Dr. Tajinder Bhatti on 2 November, 2022 (Delhi High Court) .
Wolf Designs LLC v. Five 18 Designs LLC, F.Supp.3d 3d -, 2022 WL 10551564, No. 18, 2022) Wolf designs and installs “vehicle wraps,” large vinyl graphics or decals applied to car bodies. Copyright: Three of Wolf’s customers allegedly opted to hire Five 18 to install vehicle wraps featuring designs Wolf owned.
The same can’t be said for dedicated movie and TV show downloading apps advertised precisely for that purpose. GitHub Transparency Report 2022 In 2022, GitHub received and processed 2,321 valid DMCA notices, an increase of almost 27% over the 1,828 notices reported for 2021. In 2022, 15.7%
The new 2022 SAG-AFTRA Commercials Contract (the 2022 Contract), which is retroactively effective to April 1, 2022, appears to offer certain benefits to advertiser and agency signatories of the Commercials Contract, particularly JPC authorizers, as well as Union member performers.
Most of the claims failed on summary judgment, but part of Woodland’s claim against Fiskars for false advertising, based on Fiskars’s statements about the cutting power of its tools, and some of its statements that certain products were designed in the United States, did create factual issues for trial.
This includes at least eight US design patents filed by Adidas in 2016 that claim the ornamental design of the Yeezy sneakers. Adidas reportedly intends to take advantage of its design rights by selling the Yeezy sneakers using its own branding. Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School.
The year 2022 has been an extremely important year for the development of trademark jurisprudence in India. Mentioned below are some crucial judgements passed in the year 2022 on matters dealing with trademark infringement. Vijaya Sai And Others (19 th January 2022). Frost Falcon Distilleries Limited (2 nd March 2022).
After obtaining hundreds of millions in taxpayer support with programs such as the Local Journalism Initiative (made permanent in Budget 2022), the Journalism Labour Tax Credit, and the Digital Subscription Tax Credit, the organization set its sights on the Internet platforms. Designated Public Office Holders. 2022-04-14.
He has experience working with clients in advertising, fashion, FMCG, retail and technology. In 2022, he joined Jacobacci & Partners, where he specializes in intellectual property protection, with a focus on patent drafting and prosecution, as well as design protection. More on Oliver here. More on Simone here.
2022 WL 670919, NO. 7, 2022) Melwani owns the Royal Silk trademark for “a wide variety of products.” False designation of origin/false advertising: Lasoff v. And it dismissed false advertising claims as “duplicative of his infringement claim.” Amazon.com, Inc., C21-1329RSM (W.D. Amazon.com, Inc., So too here.
More recent estimates for football alone suggest a piracy rate of over 50%, that’s despite the introduction of dynamic injunctions and the blocking of 7,000 domains since 2022. Amendments to Article L. 333-10 of the French Sports Code aim to address rising piracy rates through enhanced blocking capabilities.
The above perception by the consumer would be all the more proven given that the use of the image of famous movie character for exclusively advertising purposes is relatively common in many sectors. Later that year, the Office raised an objection in accordance with Article 7(1)(b) – (c) and 7(2) of Regulation 2017/1001 (EUTMR).
creators whose creative works were featured in Facebook advertisements without permission. In March, two senators debuted the Strengthening Measures to Advance Rights Technologies Copyright Act of 2022 , better known as the SMART Copyright Act. The lawsuit is proposed as a class action, including all U.S. The Complicated Backdrop.
Relying on Applicant's own advertising touting the design of its knife blade and its ease of manufacture (yielding lower cost), the Board affirmed Examining Attorney Caroline L. Moran's Section 2(e)(5) functionality refusal of the design of a "serration pattern" on the blade of a knife (shown below).
2022 WL 594833 (D. 2022 WL 670919 (W.D. March 7, 2022). ” The false designation of origin claim is similarly governed by the Ninth Circuit’s Lasoff v. More Posts About Keyword Advertising. Google. * Competitive Keyword Advertising Claim Fails–Reflex Media v. Groupon, Inc. BONUS: Melwani v.
Remembering another lousy year with a countdown of the most ill-considered, unsatisfying and wrongly-decided copyright rulings of 2022. So what better way to commemorate 2022 than with a look at the worst copyright decisions from coast to coast? Well, there you have it—the worst copyright rulings of 2022, according to yours truly.
11, 2022) This is the main liability opinion. Was this commercial advertising or promotion? Elysium argued that the website as a whole was a referral website for Tru Niagen, which advertised Tru Niagen at the top of every page. Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex.
CV-21-00228-TUC-SHR, 2022 WL 3098042 (D. 4, 2022) Frequent IP claimant Lisa Frank is in court this time over a failed deal with a vegan cosmetics company, whose contract aspects I will ignore. Lanham Act false advertising: Were the statements “commercial advertising or promotion” even though not in a conventional ad?
We’re pleased to inform our readers that our former blogger, Rajiv Choudhry is offering an online course for preparation for the upcoming Patent Agent exam on 5th February, 2022. This time the examination was supposed to be held in 2020 but has now been fixed for May 2022. may be addressed to eoffice@techlaw.in.
27, 2021) Ideavillage sued CCB for trademark infringement and false designation of origin related to Ideavillage’s “Copper Fit” line of copper-infused compression garments. Here, the court granted leave to amend to add a false advertising claim. Copper Compression Brands LLC, 2021 WL 5013799, No. 4604 (KPF) (S.D.N.Y.
When tech giants turned to virtual worlds in 2021, haute couture designers did not hesitate to design digital clothing for avatars and open stores on these platforms. Thanks to their transparency and immutability, NFTs protect both designers and consumers from fakes. Other firms in the industry were soon to follow.
All members of the MPA, the studios won a default judgment and injunction in April 2022. Arm’s Length Advertising. That being said, shell companies and partnerships like these are designed to frustrate investigations, including this one carried out by the MPA. KickassTorrents.
However, instead of barring Sunset from selling its competing products, it prohibited Sunset marketing or advertising its filter in any bare form. ” In general, that amount of evidence is insufficient to support a product design trade dress registration. by Dennis Crouch. Sunset Healthcare Solutions ( Fed.
On September 8, 2022, the Mexican Government published the amendment to the Labeling Standard for food and non-alcoholic beverages (NOM). The changes raise the burdens in relation to the labeling and advertising of products with excess critical nutrients. 09/22/22 – Industrial Designs. Original source in Spanish.
Bee) has scheduled five (5) oral hearings for the month of July 2022. July 7, 2022 - 1 PM: In re Di-Namic Records , Serial No. July 7, 2022 - 1 PM: In re Di-Namic Records , Serial No. July 12, 2022 - 1 PM: In re Responsiveads, Inc. July 13, 2022 - 10 AM: New Enchantment, LLC v. July 14, 2022 - 11 AM: In re C.E.
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.
88909675 (April 22, 2022) [not precedential] (Opinion by Judge Mark Lebow). 88733158 (April 22, 2022) [not precedential] (Opinion by Judge Melanye K. 88400594 (April 22, 2022) [not precedential] (Opinion by Judge Marc A. Welch 2022. In re Versatrans, Inc. In re Spectrum Image, Inc. TTABlog comment: How did you do?
The US Court of Appeals for the Federal Circuit reversed and remanded a grant of summary judgment on a false advertising claim, concluding that a cause of action under Section 43(a) of the Lanham Act can arise when a party falsely claims to hold a patent on a product feature and advertises that feature in a misleading way. Crocs, Inc.
The May 2022 Federal Court of Canada decision, Beijing Judian Restaurant Co. Beijing Judian is a reputable barbeque bar restaurant with over 40 locations in China with established Ju Dian character marks, including the JU DIAN & Design Mark. Meng’s advertisement revealed Meng’s knowledge of Beijing Judian’s reputation.
On January 1, 2022, France launched the Audiovisual and Digital Communication Regulatory Authority (ARCOM), which swallowed Hadopi and took on a number of challenges, fighting piracy being just one of them. The new law was designed with these countermeasures in mind and according to Arcom, things were going as planned.
2022 WL 898598, No. 28, 2022) Take it away, Judge Altman: If you want to build with plywood in the United States, you generally need a certification— called a PS 1-09 stamp. pictures of not-good plywood from case Plaintiffs alleged both direct and contributory false advertising. Structural Plywood Integrity Coalition v.
16-5073, 2022 WL 3588024 (E.D. 22, 2022) The court here allows an antitrust claim to proceed based in part on allegedly false/misleading statements because they form part of the alleged anticompetitive product-hopping scheme and because the unique characteristics of the drug market make market-based responses to false advertising difficult.
Last month, Japan-based anti-piracy group Authorized Books of Japan (ABJ) ran a newspaper advertising campaign in the United States, Italy, Spain, and France. It’s disorientating by design and can lead to the appearance of 100 new target sites in as little as a month. Piracy Campaign.”
23, 2024) The AG sued sellers of “unfinished frames and receivers” — also known as “80% lowers” or “receiver blanks” —designed to evade restrictions on gun sales. Lawmakers in New York City and New York State banned the sale of unfinished frames and receivers in 2020 and 2022, respectively. Arm or Ally, LLC, 2024 WL 756474, No.
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