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Kat friend, Vishv Priya Kohli , reports on an interesting development in Denmark regarding design law protection, with the establishment of the Danish Design Board. In Denmark, the challenge facing designers and artists in enforcing their rights against infringement has been an area of concern for at least the past two decades, here.
It reviews the growing importance of the protection of non-traditional trademarks within the fashion world in assessing how firms use trade dress to create and maintain an identity that may thrive within market competition. Recent court decisions such as Christian Louboutin v. Yves Saint Laurent [1] and Herms v. WHAT IS TRADE DRESS?
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.
Welcome to the third trimester of the 2022 round up of EU copyright law! On 8 September 2022, the CJEU issued its judgment in RTL Television. On 22 September 2022, the AG Szpunar issued his opinion in the AKM case on the interpretation of communication to the public by a satellite. Photo by Markus Spiske on Unsplash.
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).
” However, Wallshoppe does not allege Defendant knew of the specific acts of infringement at issue here—Sienna Lewis selling products featuring the Palm Design on Defendant’s website. .'” 2022 WL 16555584 (S.D.N.Y. Grande Communications Networks LLC (November 3, 2022). 2022 WL 17430309 (9th Cir.
Birkenstock has tried to protect and enforce its iconic sandal design using almost all intellectual property rights available. Their trade marks for the sole pattern design were cancelled because they lacked distinctiveness (General Court, case T-365/20 and T-579/14 ). R1002/2023-3 and R2499/2022-3 ) or, for older models, expired.
The lawsuit claims that since 2022, Keighin has streamed ‘unauthorized gameplay’ from at least ten leaked Nintendo games before their official release, and more than fifty times in total. Nintendo seeks $2,500 for each instance of trafficking. Nintendo seeks $2,500 for each instance of trafficking.
It’s a small operation, with a 2022 budget of under $1M/year. An obvious question: why did the plaintiff choose federal court over the CCB when the CCB was designed precisely for the facts of this case? KMC appeared first on Technology & Marketing Law Blog. Case Citation : McDermott v. Kalita Mukul Creative Inc.
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.
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!)
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.
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.
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.
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
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.
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.
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.
On 28 November 2022, the European Commission adopted proposals for a revised Regulation and Directive on industrial designs. The proposals, that are now sent to the European Parliament and Council for adoption, are aimed at modernizing the EU design system and the harmonized national design protection laws.
The report, however, also highlights that over-reliance on specialization can make economies more vulnerable to external disruptions, such as supply chain disruptions or market shifts. Concurrently, resident industrial design work expanded by 27.6%, elevating the resident share from 61.0% Now ranking fourth in motorcycle exports ($2.3
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.
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.
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.
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.
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.”
Throughout the last five years, we have witnessed an ever-increasing online streaming market , and a boom in large-scale text and data mining (TDM) of online works for generative AI models. The matter remained on the ECs agenda, spurring the launch of the EU Horizon Project Open Music Europe (OpenMusE) in 2022.
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.
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.
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.
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.
Earlier in 2022, the USPTO made some minor expansions to the criteria for registering as a patent attorney, but this new proposal offers the possibility of a broader inclusive market and a mechanism for the Office to regularly update eligibility criteria. Comments should be submitted by Jan 17, 2023 via the eRulemaking Portal.
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.
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 ).
. “The proliferation of matches and competition from other audiovisual content, both sporting and non-sporting, creates an overabundance of content that challenges the balance of the football audiovisual exploitation rights market.” ” The proposals run deep and even if the bill passes, pushback seems almost inevitable.
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).
. In June 2021 the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever provisions on administrative injunctions against the infringement of a design patents, including online infringements. were finally approved on December 1, 2021, and just took effect on January 1, 2022.
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.
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.
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.
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.”
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.”
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.
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). The first modification that was proposed concerned the system of the tax incentive.
Dubai’s luxury real estate market has witnessed a remarkable boom, attracting investors and high-net-worth individuals from all corners of the world. This requirement ensures transparency, accountability, and legal recognition of property transactions in the luxury real estate market. Article 3 of Dubai Law No.
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