The IPKat

JANUARY 31, 2022

The UK Intellectual Property Office (IPO) is carrying out a Call for Views as part of a review of the designs system to make sure it remains fit for the future. The deadline to respond to the call is 25 March 2022. Designers’ experience of enforcing their rights and changes they would like to see.

Designs 91

Designs Design Intellectual Property IP 91

The TTABlog

DECEMBER 13, 2022

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.

Designs 96

Designs Design Advertising Advertising 96

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. The Ninth Circuit reversed, saying that the plaintiffs could plead around Section 230 by alleging defective design. I’ve blogged that case three times as well, in Feb. What the Court Said.

Designs 97

Designs Design Litigation Blogging 97

The TTABlog

OCTOBER 6, 2022

19: TTAB Affirms Section 2(b) Refusals of Orange County "Unofficial" Insignia Section 2(d) - Likelihood of Confusion: TTABlog Test: Is "MOXIE SCRUBS" & Design Confusable with "MOXIE" for Clothing? [No] TTABlog Test: Is HI-FI Confusable With HIGH FIDELITY for Overlapping Marketing Services ? No] TTABlog Test: (No WYHAs Here!)

Service Mark 83

Service Mark Design Designs Ownership 83

U.S. Department of Commerce

OCTOBER 11, 2022

Hispanic Inventors and Entrepreneurs Bring New Technologies to Market. October 11, 2022. Tue, 10/11/2022 - 09:47. in non-dilutive and venture capital to bring Sylvee to market. Learn more about Hispanic inventors and entrepreneurs at the 2022 Hispanic Innovation and Entrepreneurship Program on Oct 12.

Inventor 88

Inventor Technology Marketing Marketing 88

The TTABlog

JANUARY 2, 2023

36: TTAB Sustains Section 2(c) Opposition to DANA DESIGN Due to Lack of Consent Updated TTABlog Collection of Section 2(a) False Connection Cases Section 2(c) - consent of living individual Precedential No. 36: TTAB Sustains Section 2(c) Opposition to DANA DESIGN Due to Lack of Consent Section 2(d) - likelihood of confusion: Precedential No.

Designs 72

Designs Design Television Ownership 72

The IPKat

JANUARY 27, 2022

Even a mark that has been on the International Registry for 40 years does not assure registration of a subsequent national designation. On 12 January 2022, the Lithuanian Supreme Court upheld the rejection of the Lithuanian designation of Chanel SARL’s two-dimensional trademark (see below) in Class 3 for perfumery products.

Trademark 138

Trademark Registration Marketing Marketing 138

JD Supra Law

JUNE 9, 2022

Success requires enormous investment in creating and marketing new designs, with no certainty that the designs will succeed. The imitator merely needs to watch the market, pick a successful product, ship a sample to an overseas manufacturer, and sell the knockoffs once they arrive in port. By: Knobbe Martens

IP 102

IP Designs Design Marketing 102

Indiana Intellectual Property Law

DECEMBER 13, 2024

My Market, LLC, (Plaintiff) an Indiana-based convenience store operator, has initiated legal proceedings against Batth Markets, Inc. The lawsuit, filed under the Lanham Act and related Indiana state laws, addresses issues of trademark infringement , unfair competition , false designation of origin , and trademark dilution.

Marketing 52

Marketing Marketing Trademark Service Mark 52

The IPKat

JANUARY 25, 2024

By decision of 24 January 2024 ( T-537/22 ), the General Court of the European Union (GC) confirmed the validity of the Registered Community Design (RCD) by Lego A/S (Lego) “Building blocks from a toy building set” by stating that an RCD is invalid only if all its features are excluded from protection. On 2 February 2010 Lego obtained RCD No.

Designs 70

Designs Design Registration Intellectual Property 70

Technology & Marketing Law Blog

DECEMBER 5, 2022

Case Citation : Digital Marketing Advisors v. McCandless Group, LLC, 2022 WL 17403067 (C.D. HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. The post 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. Prior Posts on Section 512(f). MGA Entertainment.

Marketing 85

Marketing Marketing Cease and Desist Fair Use 85

U.S. Department of Commerce

NOVEMBER 28, 2022

Breaking Ground in Design: MBDA Helps Support New Indigenous Projects. November 28, 2022. Mon, 11/28/2022 - 12:14. The services provided by the project were especially helpful to Tamara Begay, President of Indigenous Design Studio and Architecture (IDS+A). KCPullen@doc.gov. Minority business growth.

Designs 77

Designs Design Business Marketing 77

Kluwer Copyright Blog

FEBRUARY 8, 2024

This choice may be influenced by the design of the product, the cost of repair or available repairers. One of these measures is the proposal to amend the Design Directive by including a specific repair clause for design protection. Design rights provide protection to the appearance of a (part of a) product.

Designs 69

Designs Design IP Art 69

IP Watchdog

NOVEMBER 14, 2023

The United States Patent and Trademark Office (USPTO) issued its one millionth design patent on September 26, 2023. D1,000,000 claims the ornamental design for a dispensing comb. This milestone comes during a particularly prolific period for design patents.

Design Patent 59

Design Patent Designs Design Patent 59

Michael Geist

APRIL 19, 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.

Journalism 142

Journalism Advertising Advertising Government 142

Corsearch

FEBRUARY 28, 2024

With the challenges posed by name saturation and the reduced availability of work marks, industrial designs are increasingly important within intellectual property strategies. When people think about designs they typically think of patents, but the world of protecting designs is far more extensive than that.

Registration 59

Registration Designs Design Intellectual Property 59

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 4, 2023

The update for December 2022 summarizes three patent decisions that issued from the Western District of Texas. 6:21-CV-00570-ADA, 2022 WL 17420391 (W.D. 4, 2022) – granting transfer to Western District of Washington. 6:22-CV-00077-ADA, 2022 WL 17945398 (W.D. 6:21-CV-01230-ADA, 2022 WL 17815126 (W.D. Patent Nos.

Litigation 77

Litigation Patent Design Designs 77

Patently-O

NOVEMBER 21, 2022

The SoClean device has a compact filter that should be replaced every six-months–creating a nice subscription market. However, instead of barring Sunset from selling its competing products, it prohibited Sunset marketing or advertising its filter in any bare form. Sunset Healthcare Solutions ( Fed. is a Sunset brand filter.”

Designs 75

Designs Design Registration Trademark 75

IP and Legal Filings

OCTOBER 23, 2023

These E-commerce platforms make it simple to access consumer goods from a computer or smart phone, but they also, by their very nature, make it simple for counterfeiters to market their counterfeit goods. In the year 2017 the market value of the E-commerce was $38.5 2] Defines ‘Intermediaries’, Oxford Dictionary. [3] 4] [Civil Suit No.

Marketing 98

Marketing Marketing Trademark Registration 98

Technology & Marketing Law Blog

OCTOBER 11, 2022

Saber sued Oovee for Lanham Act false designation of origin and related state claims. Any representations to real-life persons (living or dead), or real-world vehicle designs (except where licensed), is purely coincidental. It’s easy to see how permission culture took root in this corner of the videogame market.

Licensing 140

Licensing Marketing Marketing Design 140

Intepat

DECEMBER 12, 2024

Analysing the Riyadh Design Law Treaty in the Indian Context The Riyadh Design Law Treaty (DLT), finalized at the WIPO Diplomatic Conference in Riyadh in November 2022, marks a significant step towards harmonizing global industrial design registration processes. This consolidation saves both time and costs.

Designs 52

Designs Design Law Registration 52

TorrentFreak

SEPTEMBER 30, 2022

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.

Reporting 139

Reporting Designs Design Marketing 139

Technology & Marketing Law Blog

FEBRUARY 15, 2024

The DSA introduces new actors: Each EU member state must designate a Digital Services Coordinator (among its other responsibilities, the Coordinators will award the status of “trusted flagger”), and the DSA establishes the European Board for Digital Services as “an independent advisory group of Digital Services Coordinators.”

Blogging 105

Blogging Due Diligence Designs Design 105

TorrentFreak

NOVEMBER 7, 2022

Copyright holders operating in Denmark, where just six million people speak Danish, view private torrent sites as unfair competition in what is already a relatively small market. By March 2022, four prosecutions had led to criminal convictions. – Man, 43: 3 months in prison (conditional) plus community service ( February 2022 ).

Copyright 144

Copyright Music Government Reporting 144

Kluwer Copyright Blog

JANUARY 9, 2023

[The] long-awaited ruling in Case C-401/19 finally brings some clarity to the almost three-year-long discussion about the implementation of Article 17 of the Copyright in the Digital Single Market Directive (DSM Directive) … In [the] judgment the Court rejected the argument brought forward by Poland and concluded that the design of Article 17 (..)

Copyright 94

Copyright Blogging Fair Use Reporting 94

Technology & Marketing Law Blog

JULY 8, 2022

Doe’s negligent design claim similarly aims to hold Snap liable for communications exchanged between Doe and Guess-Mazock. I know there are many people who support that outcome; indeed, that’s the inevitable effect of California’s proposed Age-Appropriate Design Code. 2022 WL 2528615 (S.D. July 7, 2022).

Social Media 116

Social Media Designs Design Privacy 116

TorrentFreak

MARCH 15, 2023

In the wake of similar operations in previous years, including action reported in August 2022 , a new phase of Brazil’s ‘Operation 404’ anti-piracy initiative was announced on Tuesday. Earlier this year, ANATEL said that its work to disrupt the pirate TV market would continue using various means.

Music 145

Music Intellectual Property Reporting Marketing 145

TorrentFreak

MARCH 22, 2024

The Motion Picture Association’s interest in file-hosting platform DoodStream first came to light in a submission to the USTR in October 2022. million visits in August 2022, while using the services of DDoS-Guard in Russia and OVH in France. The MPA estimated the site received 82.7 Hetzner Online GmbH, and Interkvm Host10 SRL.

Reporting 128

Reporting Intellectual Property Designs Design 128

Technology & Marketing Law Blog

APRIL 11, 2022

At the same time, it opened the door to potential liability for all tools that help content creators make their content, basically suggesting that the tools would be negligently designed in ways that expose the tool authors to liability for personal injuries. March 31, 2022). Case citation : Lemmon v. Snap, Inc. , CV 19-4504-MWF (C.D.

Social Media 130

Social Media Designs Design Publishing 130

The IPKat

SEPTEMBER 15, 2022

In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws. These rules were introduced in the 2021 amendment to Article 1360 of the Civil Code.

IP 132

IP Branding Brands Branding 132

Technology & Marketing Law Blog

MARCH 19, 2024

You may recall the 2022 Buffalo mass-shooting , which was committed by a murderer responding to the “ Great Replacement Theory.” As usual nowadays, the plaintiffs relied heavily on product design theories to overcome the obvious Section 230 defense. Mean appeared first on Technology & Marketing Law Blog.

Social Media 111

Social Media Designs Design Blogging 111

Technology & Marketing Law Blog

DECEMBER 3, 2022

plaintiffs’ accounts and posts)… Meta defendants are alleged to have purposefully designed their platforms to filter posts and accounts in an anticompetitive manner… this order finds only that, when automated content-moderation tools are allegedly designed to facilitate unlawful conduct, the claims survive CDA defenses.”

Design 131

Design Designs Law Business 131

TorrentFreak

AUGUST 8, 2024

Yet, based on the sheer scale of piracy, none have experienced anything close to that taking place in the manga market. It’s disorientating by design and can lead to the appearance of 100 new target sites in as little as a month. trillion yen (estimated as of February 2022) • 2022 – ~506.9 Piracy Campaign.”

Reporting 139

Reporting Advertising Advertising Copying 139

43(B)log

FEBRUARY 21, 2024

WCT’s app was first released in 2014 for the iPhone and Pebble watch as a metric-tracking cycling app that was designed to “track speed, distance, altitude, and grade.” All of Peloton’s marketing materials that mention the term ‘Bike+’ are also branded with the [Peloton] mark.” He wasn’t aware of any in-app sales since the launch.

Marketing 59

Marketing Marketing Trademark Registration 59

Technology & Marketing Law Blog

MARCH 15, 2022

That’s by design–the DMCA was designed to resolve matters outside of court. Now, imagine the rightsowner also overclaimed trade dress protection for its sage leave design. Chen , 2022 WL 742429 (N.D. March 11, 2022). Chen appeared first on Technology & Marketing Law Blog. Babybus. *

Copyright 134

Copyright Fair Use Cease and Desist Litigation 134

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.” Gutman’s personality and personal life, these were part of the overall marketing strategy for JLM.

Social Media 119

Social Media Ownership Business Branding 119

Intellectual Property Office Blog

NOVEMBER 28, 2022

Copyright © Hornit, 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. Hornit's CLUG bike rack holding a bike upright.

IP 104

IP Business Branding Brands 104