The IPKat

NOVEMBER 19, 2024

Yesterday, the EU design reform reached its final step: it was published in the Official Journal as Regulation (EU) 2024/2822 and Directive (EU) 2024/2823. Taken upon by the European Commission, the initial design reform took several years of adoption, mainly because of controversies surrounding design protection of spare parts.

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Design Designs Art Journalism 123

SpicyIP

JUNE 26, 2022

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.

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Design Designs Law Intellectual Property 133

The IPKat

NOVEMBER 30, 2022

On November 29, 2022, the European Commission published the long-awaited proposals for a revised Regulation and revised Directive on designs. New definitions for “design” and “product” (Art. 3 Draft Regulation) Draft Directive and Draft Regulation suggest a new definition for “design” and “product”, respectively.

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Design Designs Publishing Art 134

Plagiarism Today

AUGUST 18, 2022

After a year and a half of rule making and infrastructure building, the CCB opened its doors in June 2022. The system is designed to be navigable by non-lawyers and, instead of a judge and/or jury, the case is heard by a panel of three officers and the entire process is held online. Registration Status at the Time of Filing.

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Copyright Registration Music Copyright Infringement 296

SpicyIP

FEBRUARY 24, 2022

We’re pleased to inform you that Centre for Intellectual Property Studies, National Law University, Jodhpur is is inviting submissions from law students for the ‘NLUJ CIPS Inter College IP Research Essay Writing Competition, 2022’ on the theme ‘“IP and Youth: Innovating for a better future’. Third Prize: Rs.

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IP Intellectual Property Blogging Moral Rights 129

IP and Legal Filings

FEBRUARY 8, 2023

Indian Copyright Registration The Indian Copyright Office is similarly confused how to handle such requests. i] Another application, however, was made in which a natural person and an AI again (RAGHAV) were designated as co-authors for another artwork. [i] In this case, the copyright office allowed registration.

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Registration Art Copyright Artwork 98

Kluwer Copyright Blog

OCTOBER 3, 2022

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.

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Copyright Law Copyright Law Music 111

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.

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Registration Design Designs Intellectual Property 59

JD Supra Law

JANUARY 19, 2024

Addressing the issue of analogous trademark use, the Trademark Trial & Appeal Board designated precedential a September 6, 2022, decision in which the Board cancelled a registration for CAPTAIN CANNABIS based on the petitioner’s evidence of prior use that was “analogous to trademark use.” Laverne John Andrusiek v.

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Registration Trademark Design Designs 85

IPilogue

APRIL 14, 2022

On February 24, 2022, the Supreme Court of the United States (“SCOTUS”) decided Unicolors, Inc. They held that an inadvertent mistake of law in a copyright registration application does not automatically nullify the application. . a fabric and design company in Los Angeles, owns copyrights in various fabric designs.

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Registration Copyright Law Copyright Infringement 105

SpicyIP

OCTOBER 1, 2024

We are pleased to bring to you this sponsored post by IP Press on the extension of the registration deadlines for their Comprehensive Course on Patents, in collaboration with S. The deadline for registration has now been extended to October 4. Majumdar & Co. But this time, we have with us our ‘exclusive knowledge partner’, S.

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Registration Intellectual Property IP Patent Drafting 103

JD Supra Law

DECEMBER 5, 2024

The Hague Agreement Concerning the International Registration of Industrial Designs (Geneva Act, hereinafter referred to as the Hague Agreement) came into force in China on 5 May 2022. This offers a new way to obtain design patent protection in China. By: Linda Liu & Partners

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Design Patent Design Designs Patent 66

SpicyIP

NOVEMBER 7, 2022

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) .

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Patent Prosecution Invention IP Journalism 111

Patently-O

MAY 15, 2023

by Dennis Crouch The United States Patent and Trademark Office has proposed a rule to create a separate design patent practitioner bar. As it stands today, there is a single patent bar that applies to those practicing in patent matters before the USPTO, covering utility, plant, and design patents.

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Design Patent Design Designs Graphic Design 75

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] No] TTABlog Test: (No WYHAs Here!) How Did These Three Recent Section 2(d) Appeals Turn Out? Guess What? Abandonment: Precedential No.

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Service Mark Design Designs Ownership 83

The IPKat

AUGUST 9, 2022

Secondly, the government responded to the c all for views on designs , which ran from 25 January 2022 to 25 March 2022, alongside a survey. Those in favour argued that it would increase certainty of the validity of design protection. A total of 57 responses where received, submitted mostly by law firms and trade bodies.

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Government Design Designs Branding 73

The TTABlog

APRIL 4, 2022

-Bee) has scheduled five (V) oral hearings for the month of April 2022. April 5, 2022 - 11 AM: Cobra Kai Jiu Jitsu, LLC v. KAI and JIU JITSU disclaimed]] April 6, 2022 - 2 PM: JNF LLC v. April 12, 2022 - 1 PM: Basic Sports Apparel, Inc. April 21, 2022 - 2 PM: Kate Spade LLC v. Welch 2022. Opposition No.

Art 72

Art Registration Design Designs 72

The IPKat

FEBRUARY 10, 2022

On 16 November 2021, the China National Intellectual Property Administration (CNIPA), through Announcement No 462 , released the Guidelines for Trade Mark Examination and Trial (the Guidelines 2022, accessible here ; for now, they are only in Chinese). 1) The Madrid international trade mark registration. As Announcement No.

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Registration Intellectual Property Law Design 80

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.

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Trademark Registration Marketing Marketing 138

IP Watchdog

FEBRUARY 26, 2022

An IP announcement that may have slipped past you in the last few weeks is that China will now become a part of the Hague System for the International Registration of Industrial Designs. The Act will officially enter into force on May 5, 2022. Does this make a difference to you and your clients? Yes, in a very, very big way.

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Registration Design Designs IP 116

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.

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Design Designs Television Ownership 72

IP Tech Blog

JANUARY 9, 2023

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.

Design 57

Design Designs Blogging Registration 57

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.

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Design Designs Registration Intellectual Property 70

The TTABlog

JANUARY 5, 2023

The Board issued 38 precedential opinions in calendar 2022, a number that is consistent with recent yearly totals. 36: TTAB Sustains Section 2(c) Opposition to DANA DESIGN Due to Lack of Consent Section 2(d) - Likelihood of Confusion: Precedential No. Welch 2022-23. Section 2(e)(5) - Functionality Precedential No.

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Registration Design Designs Ownership 80

Patently-O

NOVEMBER 21, 2022

With the trademark registration in-hand, the district court partially granted SoClean’s motion for preliminary injunction. Here, however, Federal Registration serves as prima facie evidence of validity. ” In general, that amount of evidence is insufficient to support a product design trade dress registration.

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Design Designs Registration Trademark 75

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. Utilize e-filing systems for quicker registrations.

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Design Designs Law Registration 52

IP Tech Blog

FEBRUARY 9, 2022

On February 5, 2022, China acceded to Hague System for the International Registration of Industrial Designs. The Hague provisions will become effective in China on May 5, 2022. Each country designated by the applicant has the right to perform substantive examination of the application.

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Design Designs Design Patent Inventor 67

Intepat

DECEMBER 6, 2022

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).

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Trademark Trademark Law Registering Trademarks Law 98

The TTABlog

DECEMBER 8, 2022

In an exhaustive 107-page opinion, the Board granted petitions for cancellation of two registrations on the Supplemental Register for the color pink applied to the entire surface of hip joint implants, on the ground of Section 2(e)(5) functionality. 92058781 and 92058796 (December 6, 2022) [not precedential] (Opinion by Judge Jonathan Hudis).

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Registration Advertising Advertising Blogging 72

The IPKat

AUGUST 17, 2022

In a somewhat comparable situation, a trade mark holder has surrendered some of their registered marks, even though they were accepted by the UK Intellectual Property Office (IPO), after receiving public backlash against the registrations. What does this mean for the hundreds of other registrations that include these, or similar, words?

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Social Media Registration Intellectual Property Ownership 137

SpicyIP

JANUARY 23, 2022

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.

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Patent Drafting Patent Advertising Advertising 105

SpicyIP

NOVEMBER 8, 2022

COMM.IPD-TM) 110/2022). Due to the nature of the shape mark, it must pass the hurdle of distinctiveness [as per Section 9(1)(a)] to be registrable. COMM.IPD-TM) 110/2022), concerning an appeal against a refusal for a shape of a knitting needle, held: “…. Examiner of Trade Marks through Registrar of Trade Marks (C.A.

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Registration Trademark Intellectual Property Law Law 133

The TTABlog

NOVEMBER 4, 2022

Bee) has scheduled seven oral hearings for the month of November 2022. November 2, 2022 - 10AM: In re Benjamin & Brothers, LLC DBA Reservations.com , Serial No. November 2, 2022 - 10AM: In re Benjamin & Brothers, LLC DBA Reservations.com , Serial No. November 2, 2022 - 1 PM (In Person): In re Bowery Farming, Inc.

Music 59

Music Registration Trademark Design 59

The IPKat

JULY 3, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg) on a brand-new decision issued by the General Court of the European Union on 3 July 2024 in an interesting design case (Case T-329/22). The designer had a wide design freedom. by Henning Hartwig I.

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Design Designs Art Law 67

The TTABlog

MARCH 8, 2022

The Board upheld a refusal to register the proposed mark MADE FOR YOU LAB-GROWN DIAMONDS , in standard character and design form, for 'diamonds; jewelry" [LAB-GROWN DIAMONDS disclaimed], finding that the phrase fails to function as a trademark. 88304005 and 88584338 (February 24, 2022) [not precedential] (Opinion by Judge Michael B.

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Trademark Registration Service Mark Design 94

Patently-O

OCTOBER 18, 2022

The USPTO is seeking comment on two proposals that would expand the scope of who may become a “patent attorney” Expanding admission criteria for registration to practice in patent cases before the USPTO. It also asks whether there should be a separate bar for design patent practitioners.

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Design Patent Design Designs Litigation 58

The TTABlog

NOVEMBER 30, 2022

-Bee) has scheduled five (5) oral hearings for the month of December 2022. December 1, 2022 - 1 PM: Eden Foods, Inc. December 6, 2022 - 10 AM: In re Disciplina Excellentiae, LLC , Serial Nos. December 7, 2022 - 11 AM: In re International Fruit Genetics, LLC , Serial No. December 8, 2022 - 10 AM: In re Panini America, Inc.

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Artwork Design Designs Registration 59