JD Supra Law

JULY 5, 2024

2023-1169 (Fed. Opinion by Lourie, joined by Moore and Albright (sitting by designation). Amarin markets and sells icosapent ethyl, an ethyl ester of an omega-3 fatty acid commonly found in fish oils, under the brand name Vascepa®. Amarin Pharma, Inc., Hikma Pharmaceuticals USA Inc., June 25, 2024).

Branding 71

Branding Brands Branding Designs 71

The TTABlog

DECEMBER 1, 2023

92078857 (November 29, 2023) [not precedential] (Opinion by Judge Mark A. The Board found petitioner's "fawn" design mark to be inherently distinctive. As to commercial strength, there was no brand awareness evidence in the record and nothing to place the petitioner's sales figures in context. Welch 2023. Cancellation No.

Designs 67

Designs Design Registration Marketing 67

Patently-O

SEPTEMBER 17, 2023

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Still, ornamental logos found on the accused product can still be relevant as visual distractors in the process of evaluating similarities and differences between the claimed design and accused design.

Design Patent 70

Design Patent Patent Infringement Designs Design 70

The IPKat

JULY 7, 2023

The 2023 “analog” conference on the Metaverse took place in London, lasted three days and hosted several panels and addresses on the different aspects of the IP legal regime concerning the Metaverse and the possibilities of regulation of this changing environment.

Reporting 85

Reporting Music IP Intellectual Property 85

IPilogue

MARCH 21, 2023

What do a company in the business of mining and selling construction equipment, and an athletic-wear and sporting accessories brand, have in common? On January 10th, 2023, the Federal Court of Appeal released one of its first trademark decisions of the year in Puma SE v Caterpillar Inc. 2023 FCA 4.The

Branding 104

Branding Brands Branding Designs 104

The IPKat

DECEMBER 23, 2023

As a plant intellectual property nerd , this Kat was delighted to get her hands on the new book Intellectual Property and the Design of Nature (Oxford University Press, 2023), edited by Jose Bellido and Brad Sherman. Like many contributions in this volume, the chapter draws on a wealth of archival materials.

Intellectual Property 72

Intellectual Property Designs Design Intellectual Property Law 72

The TTABlog

JUNE 28, 2024

VIP Products LLC , an article on how surveys can help brand owners facing “failure to function” refusals to register their trademarks, and a book review on the intersection of intellectual property and sustainability." Supreme Court’s 2023 decision in Jack Daniel’s Properties, Inc. Grimaldi test in the wake of the U.S. With the U.S.

Reporting 49

Reporting Trademark Intellectual Property Branding 49

The IPKat

OCTOBER 1, 2022

Some IP Thoughts on Dolce & Gabbana’s SS23 Collection Curated by Kim Kardashian, and other Fashion Heritage at Fashion Week By Felicia Caponigri During Milan Fashion Week held last week, the Italian fashion brand Dolce & Gabbana debuted their Spring/Summer 2023 ready-to-wear collection. copyright law.

Copying 97

Copying IP Copyright Law Designs 97

LexBlog IP

JUNE 30, 2023

Beginning tomorrow, July 1, 2023, CYLTEZO® (adalimumab-adbm) will become the first HUMIRA® (adalimumab) biosimilar with interchangeable status to be commercially available in the United States. Stay tuned to Big Molecule Watch for continued updates on this topic.

Designs 52

Designs Design Branding Brands 52

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. Sites can give the impression of being mass-produced due to how quickly they disappear and reappear, while still managing to retain traffic despite new branding. Piracy Campaign.”

Reporting 113

Reporting Advertising Advertising Copying 113

IIPRD

APRIL 3, 2024

Introduction The Indian fashion market is pegged at an impressive value of $50 billion, out of which 10% consists of international luxury brands. [1] 1] The fashion industry in India is extremely diverse in the type of fabric, labour, design, way of draping, and handwork that is used. Tahiliani Design Pvt.

Artistic Work 45

Artistic Work Designs Design Copyright 45

IPilogue

MARCH 10, 2023

In a battle of the stripes, athletic fashion giant Adidas went head-to-head with American luxury fashion brand Thom Browne in a court case that tested the delicate balance between protecting a company’s branding and allowing for creativity and competition in the marketplace. If successful, Adidas sought $7.8

Trademark 59

Trademark Branding Brands Branding 59

Intepat

NOVEMBER 9, 2023

This underscores the practical and market-oriented aspects of IP management. Conclusion The National Intellectual Property Rights Conference 2023 catalyzed a vibrant environment for innovation in India. The post National Intellectual Property Rights Conference 2023 – Day 2 appeared first on Intepat IP.

Intellectual Property 52

Intellectual Property IP Technology Publishing 52

IP and Legal Filings

MAY 24, 2024

Introduction On February 8, 2023, the jury returned its verdict in the infamous case Hermès vs Rothschild [1] , a significant precedent that has received acclamation and flak alike. The dispute revolved around an antediluvian luxury handbag brand ‘Hermès’ and artist Mason Rothschild for his avant-garde creation called MetaBirkin NFTs.

Non-Fungible Tokens 82

Non-Fungible Tokens Art Trademark Branding 82

LexBlog IP

AUGUST 23, 2023

. (“Palacio del Rio”) sought two registrations for the river-side view and street-side view of its modular designed building for hotel services. 1 Is a Building “Product Packaging” or “Product Design” Trade Dress? Thus, brand owners can, and do, register their trade dress at the PTO.

Designs 52

Designs Design Advertising Advertising 52

IP and Legal Filings

MARCH 19, 2024

INTRODUCTION For consumer identification and brand protection a crucial mechanism is important which is served by trade mark law. However brands like fast food nation having managed to create a unique identity by incorporating the term into distinctive brand. [ii] Computer of computers, medicines names.

Branding 52

Branding Brands Branding Intellectual Property 52

Dragons' Den

NOVEMBER 28, 2023

They had come across a huge glaring gap in the market. March Muses is now the leading brand for decorations of colour in the UK. With 2023 being their fifth Christmas, we asked Alison about the growth of March Muses and the value behind owning their intellectual property. How has intellectual property benefited your business?

Intellectual Property 64

Intellectual Property Licensing Designs Design 64

LexBlog IP

DECEMBER 26, 2023

I made a logo for Bob’s Burgers for selling burgers on Tailor Brands’ logo maker website. If you asked for something that looks like the Starbucks logo, rather than just asking it to design a logo for a coffee shop, that would weigh on the side of what it created being infringement. This isn’t limited to logo design.

Designs 52

Designs Design Trademark Copyright 52

SpicyIP

JULY 24, 2024

In a technical document published in October 2023 , the global health authority (WHO) observed that Look-Alike, Sound-Alike (LASA) medications are a well-known source of medication errors. Such mix-ups can happen between brand-brand, brand-generic, or generic-generic names. It definitely sounds scary.

Branding 80

Branding Brands Branding Trademark 80

Corsearch

FEBRUARY 9, 2023

About Mike Sweeney As an experienced attorney, Mike counsels brands on all aspects of brand and content protection in the digital space, with a particular focus on leveraging data-driven technology to combat counterfeiting. What events will be you involved with in 2023? Connect with Mike on LinkedIn.

Branding 52

Branding Brands Branding Intellectual Property 52

43(B)log

JULY 15, 2024

10, 2023) Nike sued over StockX’s use of Nike trademarks on StockX NFTs without Nike’s consent and alleged sales of counterfeit Nike sneakers despite allegedly guaranteeing that all products sold by StockX were authentic. Nike claims that, despite those efforts, StockX sold a number of Nike-branded shoes that were counterfeits.

False Advertising 69

False Advertising Branding Brands Branding 69

SpicyIP

SEPTEMBER 25, 2023

Highlight of the Week Comments on the Draft Patent (Amendment) Rules, 2023 Image by rawpixel.com on Freepix Comments pertaining to transparency and on substantive proposals within the draft Patent (Amendment) Rules, 2023, submitted to the Ministry of Commerce. Lokesh discusses the case in this short tidbit post. Emami Ltd.

Cease and Desist 96

Cease and Desist Copyright Infringement Invention Social Media 96

43(B)log

FEBRUARY 22, 2024

San Marzano tomatoes “bear a special designation: D.O.P. Denominazione d’Origine Protetta, ‘Protected Designation of Origin’).” designation but are labeled “San Marzano style” or “San Marzano” without the D.O.P designation. San Marzano tomatoes grown in the United States do not have the D.O.P. Benefit Corp.,

Designs 69

Designs Design Branding Brands 69

LexBlog IP

FEBRUARY 26, 2024

Fashion Week season is the chance for fashion brands to show their flair and dynamism by launching new creations, ready to be devoured by buyers, influencers, journalists, consumers, and unfortunately, also by competitors. Copycats: unregistered designs, unfair competition and copyright Better register first than be sorry later.

IP 52

IP Designs Design Copying 52

Technology & Marketing Law Blog

JANUARY 19, 2023

Despite the rhetorical moves to position the lawsuit about the defendants’ design choices, this is actually an easy case. ” This is the latest entry in the confusing jurisprudence about when 230 applies to first-party marketing representations that are rendered untrue by users’ activities. ICS Provider. Despite Doe v.

False Advertising 89

False Advertising Social Media Publishing Advertising 89

The IPKat

APRIL 29, 2024

He said that the rational of the provision is “designed solely for the benefit of the rights holder, who is given the opportunity to develop and modernize his trademark without having to register a new trademark and without the risk of being penalized for lack of serious use”.

Reporting 57

Reporting IP Law Trademark 57

SpicyIP

OCTOBER 27, 2023

On September 7, the Ministry of Consumer Affairs published the Draft Guidelines for Prevention and Regulation of Dark Patterns 2023, inviting comments from the public. For example, a company uses a logo almost identical to a popular brand’s logo to mislead consumers into believing they are purchasing from a well-known brand.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

IIPRD

NOVEMBER 14, 2023

Musical Arts, designs, pictures, software, material, and many other sorts of Intellectual Property can be transferred using an e-commerce platform in the digital age. 1] Presently, multiple e-commerce platforms have emerged in the market which was predominantly ruled by Amazon and Flipkart.

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

IP and Legal Filings

AUGUST 8, 2024

The following 4 points are the criteria of patentability [2] – Novelty – This criteria states that prior of the application for patent, the invention should be completely brand new and not earlier publicly known or disclosed throughout the world. Moreover, a patent registration makes the competitive advantage stronger.

Patent 74

Patent Invention Inventor Patent Application 74

The IPKat

JANUARY 7, 2024

According to the EUIPO Second Board of Appeal (BoA) in its decision on 19 December last ( R 827/2023-2 ) the answer is mostly not, at least if the argument is that such a pattern would be inherently distinctive. The question thus becomes: can Prada’s Triangle pattern be protected as a trade mark? Class 20: Shells; yellow amber.

Branding 88

Branding Brands Branding Registration 88

Herbert Smith Freehills

DECEMBER 8, 2022

But the list of territorial and customer restrictions is now more clearly structured and there is greater protection for exclusive and selective distributors and more flexibility in the design of distribution models. Read more. .

Social Media 52

Social Media Branding Brands Branding 52

Herbert Smith Freehills

DECEMBER 8, 2022

But the list of territorial and customer restrictions is now more clearly structured and there is greater protection for exclusive and selective distributors and more flexibility in the design of distribution models. Read more. .

Social Media 52

Social Media Branding Brands Branding 52

TorrentFreak

JULY 13, 2023

Pirate site brands, including 123movies, Putlocker, Kisscartoon, 123movieshub, and GoMovies, were suddenly recognized all over the world, despite in many cases having been copied from ‘pirate’ brands already in existence. Running in parallel, news began to emerge of big changes at Zoro.to. Aniwatch.to

Branding 82

Branding Brands Branding Registration 82

SpicyIP

FEBRUARY 13, 2023

Geeta Kewalani on 2 February, 2023 (Delhi High Court) Delhi High Court relying on ‘Laxmikant V Patel v Chetanbhai Shah’ passed an interim injunction restraining the Defendant from using the mark “Foot Locker”. Ltd for disobeying the Palbociclib interim injunction. Check out the post for more details.

Designs 52

Designs Design Trademark Cease and Desist 52

The TTABlog

JULY 24, 2023

Swiss watchmaker Audemars Piquet opposed applications to register MOSSY OAK and MOSSY OAK & Design for watches and jewelry on the grounds of likely confusion with and likely dilution of the registered mark ROYAL OAK , in standard character and stylized form, for watches. July 14, 2023 [not precedential] (Opinion by Judge Thomas W.

Registration 52

Registration Designs Design Advertising 52

LexBlog IP

APRIL 19, 2023

There are two types of patents that Amazon sellers should be familiar with, utility patents and design patents. Utility patents protect functional aspects of a product, and design patents protect the appearance of a product. Sellers need to be aware of competitor patents before introducing a product to the market.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

43(B)log

MARCH 27, 2023

EDCV 22-1861 JGB (KKx), 2023 WL 2629020 (C.D. 9, 2023) Hernandez brought the usual California claims against RSC for allegedly false and misleading advertising of its electric collar products for pets under the brand name PetSafe. It is designed to get your pet’s attention, but not punish him. Hernandez v.

False Advertising 59

False Advertising Advertising Advertising Branding 59