SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We have also included a list of other notable IP developments of 2023. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. A special thanks to Mr. G.

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IP Copyright Trademark Intellectual Property 124

SpicyIP

MARCH 27, 2023

Image from here On March 14, 2023, in Sirona Hygiene Private Limited Vs Amazon Seller Services Private Ltd , the Delhi High Court provided three interesting points on the issue of design infringement and piracy, in the context of an equally interesting fact scenario!

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Design Designs Registration Art 119

SpicyIP

MAY 17, 2023

Image from the Report The US Trade Representative (USTR) released the Special 301 Report for 2023 on April 26, 2023, and has placed India in the ‘Priority Watch List’, yet again. Prabhat Kumar Saha highlighting certain concerns of the USTR in the 2023 Special 301 Report and assessing the same from a public health perspective.

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Reporting Intellectual Property Patent Application Intellectual Property Law 137

Copyright Lately

DECEMBER 24, 2023

Thousands will compete, many are objectively baseless, but only five can be crowned the worst of the worst copyright lawsuits of 2023. This year, I’m counting down the five most frivolous, ill-conceived, and all-around cringeworthy copyright lawsuits of 2023. The 5 Worst Copyright Lawsuits of 2023, according to me. Polychron v.

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Copyright Copyright Infringement Music Fair Use 105

Intellectual Property Law Blog

OCTOBER 24, 2023

While PTE is designed to effectively extend the overall patent term for a single invention due to regulatory delays in product approval, PTA is designed to extend the term of a particular patent due to delays in the processing of that patent.

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Design Designs Patent Inventor 147

Technology & Marketing Law Blog

AUGUST 1, 2023

A victim’s daughter sued Facebook, alleging that Facebook’s “design and architecture” radicalized Roof, and that should disqualify Facebook for Section 230. 2023 WL 4853650 (D.S.C. July 24, 2023). The post Section 230 Immunizes Facebook’s “Design and Architecture” Choices–M.P.

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Design Designs Social Media Blogging 98

JD Supra Law

MARCH 7, 2024

Following a jury trial in March 2023, where certain patent claims were examined, it was determined that Waydoo had indeed infringed on MHL's patents and had to pay a $500 royalty per board sold, totaling $1,334,000 in damages. MHL Custom took legal action against Waydoo for allegedly infringing on two U.S.

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Designs Design Patent 113

SpicyIP

NOVEMBER 30, 2024

Diplomatic Conference to Conclude and Adopt a Design Law Treaty – Plenary Sessions. It took nearly two decades of negotiation, but member states of the World Intellectual Property Organization (WIPO) have finally adopted the landmark Design Law Treaty (DLT) during the Diplomatic Conference in Riyadh on November 22.

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Design Designs Law Intellectual Property 59

Plagiarism Today

FEBRUARY 8, 2022

The country of Croatia is scheduled to begin using the Euro as its currency on January 1, 2023. One of the more public steps is designing their first one Euro coin. To that end, the Croatian central bank held a design competition. On Friday, it announced the winner, designer Stjepan Pranjkovic.

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Social Media Plagiarism Due Diligence Design 224

Intellectual Property Law Blog

JULY 25, 2023

Regarding Blue Gentian’s argument about the sufficiency of ties between contributed elements and claims, the Federal Circuit highlighted it was undisputed that each of the asserted patents includes one or more claims that require Ragner’s design elements that distinguished the claims from prior art.

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The IPKat

DECEMBER 14, 2023

This Africa IP Highlights 2023 is the result of collaboration between myself and several IP practitioners and researchers across Africa: Clarisse Mideva ; Rita Chindah ; and Jessie Mgonga. Interested readers can find the Africa IP Highlights 2022, here. Today, we begin with developments in the copyright field.

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Copyright IP Social Media Copyright Infringement 92

Technology & Marketing Law Blog

OCTOBER 16, 2023

We’ve seen a flood of terrible Internet laws in the past few years, including the California Age-Appropriate Design Code (AADC). The court says the impact assessments don’t require businesses to look at service design configurations or to mitigate any identified risks, so they aren’t likely to advance the state’s child welfare goals.

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Design Designs Privacy Business 109

IP Watchdog

OCTOBER 15, 2024

Supreme Court’s ruling in June 2023 in Jack Daniel’s Properties, Inc. The highly publicized ruling came after almost a decade of litigation between the parties over VIP’s “Bad Spaniels” parody dog toy designed to mimic a bottle of Jack Daniel’s. By now, most IP practitioners are familiar with the U.S. VIP Products, Inc.

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Trademark Litigation IP Design 124

Intellectual Property Law Blog

DECEMBER 21, 2023

15, 2023) , the Federal Circuit vacated a jury verdict of non-infringement in a design-patent infringement action filed by Columbia Sportswear against Seirus Innovative Accessories. Design Patent No. gloves) have a wavy pattern with the “Seirus” logo throughout the design. In Columbia Sportswear North America, Inc.

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Art Design Patent Design Designs 162

SpicyIP

MARCH 7, 2023

Controller of Patents and Designs: Revisting the CRI Guidelines and Ferid Allani Sukarm Sharma Software patenting remains one of the most contentious issues in patent law jurisprudence, with an ever ping-ponging legal position. The appeal is currently in the process of being heard, with the latest hearing on 6 March 2023 ( pdf ).

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Design Designs Patent Invention 117

SpicyIP

AUGUST 31, 2023

On August 30, the office of the Controller General of Patents, Design and Trademarks (CGPDTM) released a public notice inviting comments from stakeholders to revamp the different IP guidelines and manuals. The invitation is specific to the Patents, Designs, Trademarks, GI and Copyright Manuals and Guidelines.

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IP Design Designs Patent Prosecution 110

JD Supra Law

FEBRUARY 23, 2024

We previously discussed the United States Supreme Court’s June 2023 Jack Daniel’s Properties, Inc. VIP Products, LLC decision, which altered the way the “Rogers test,” a doctrine designed to protect First Amendment interests in the trademark context, should be applied. A recent decision out of the Ninth Circuit, Punchbowl, Inc.

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Trademark Design Designs Business 121

Kluwer Copyright Blog

OCTOBER 13, 2024

Content creation on YouTube reportedly reached a new peak during the second half of 2023, meaning that the platform experienced a surge in infringing uploads on the one hand, and copyright actions by its users on the other. million in the first half of 2021. million in the first half of 2021. in Content ID alone.

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Reporting Content Creation Copyright Technology 69

SpicyIP

MARCH 6, 2023

on 22 February, 2023 (Delhi High Court) The dispute pertained to the use of “Sona” as a part of the mark and trade name “Sona Mandhira Pvt. on 24 February, 2023 (Delhi High Court) In the present case, the plaintiff alleged infringement of its device “Royal” and passing off by the defendant’s adoption of “Zabreen Royal” device.

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Design Designs Music IP 116

IP Watchdog

APRIL 12, 2023

On February 17, 2023, Germany ratified the Agreement on the Unified Patent Court. This means that the Unified Patent Court (UPC) will definitely go live on June 1, 2023. Whereas Part 1 focused on the designated UPC judges, this Part 2 will deal with the timelines that govern the proceedings before the UPC.

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Patent Government Design Designs 122

JD Supra Law

SEPTEMBER 27, 2023

Novak denied the bulk of a motion to dismiss a suit alleging that a general contractor had infringed an architectural firm’s copyright on design plans for a brewery and tasting room to be built in Williamsburg. 3:22CV470 (DJN), 2023 U.S. Michael Pellis Architecture PLC v. Bell Construction LLC, Civil Action No. LEXIS 169697 (E.D.Va.

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Copyright Infringement Copyright Design Designs 116

Intellectual Property Law Blog

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No. 1125(c)(3)(A).

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Fair Use Trademark Cease and Desist Design 130

Intellectual Property Law Blog

MAY 2, 2023

On April 21, 2023, the Secretary of Homeland Security, Alejandro N. Additionally, on January 23, 2023, the National Institute of Standards and Technology (“NIST”) released the first version of its “ Artificial Intelligence Risk Management Framework ” (“AI RMF 1.0”). Patents On February 14, 2023, the U.S. Both the U.S.

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IP Watchdog

MAY 21, 2023

The Unified Patent Court (UPC) is only a fortnight away; it will go live on June 1, 2023. Whereas Part 1 focused on the designated UPC judges, Part 2 on the timelines and Part 3 on the remedies that are available at the UPC, this Part 4 will address the financial aspects of UPC infringement proceedings.

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Patent Design Designs Patent Infringement 126

JD Supra Law

DECEMBER 21, 2023

Here are a few I have found, some of which were issued in 2023 and others of which are older. Design patent D990,096 is a rather strange patent entitled “Elf Hand.” The design looks like a prickly glove with four claws on the end of a round dowel. Every year, I write about patents that have to do with Christmas.

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Design Patent Art Design Designs 110

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.

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Design Designs Law Registration 52

The IPKat

SEPTEMBER 24, 2024

Background of the case On 26 October 2018, the Estonian company Eco Oil OÜ filed the following EU Registered Design No. The decision The BoA focused its attention on the (unproven) disclosure of prior designs under Article 7 CDR by means of printed screenshots of web pages. 5809746-0001 (the contested RCD).

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Design Designs Social Media Intellectual Property 62

TorrentFreak

JANUARY 1, 2023

“[P]laintiff pled six causes of action: fraudulent notice under §512(f) of the DMCA, false designation of origin under 15 U.S.C. “Bungie’s claims for false designation of origin, business defamation and violation of the Washington Consumer Protection Acts are legally and factually inapplicable to this case.”

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Settlement Reporting Copyright Design 134

IP Watchdog

MAY 3, 2023

The Unified Patent Court (UPC) will go live in less than a month, on June 1, 2023. Thus, it’s time to prepare for the biggest change in the global IP landscape in more than a decade. To facilitate such preparation, we will be providing a series of five articles that will deal with the most important aspects of the UPC.

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Plagiarism Today

OCTOBER 24, 2022

Brophy filed the lawsuit alleging that Cardi B’s designer used an image of his back tattoos on the cover of her mixtape. He claimed that the designer simply searched for an image of back tattoos, found his image, and superimposed the pattern on another person.

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Music Plagiarism Copyright Licensing 178

Michael Geist

OCTOBER 4, 2023

It added that it did not think the various proceedings were connected, stating it “is of the view that the issues and questions covered in BNC 2023-138 [broader regulation] are distinct from the issues and questions in BNC 2023-139 [registration] and BNC 2023-140 [digital media exemption].” This is the result.

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Barry Sookman

DECEMBER 23, 2023

The recent UK Supreme Court decisions in Thaler (Appellant) v Comptroller-General of Patents, Designs and Trade Marks [ 2023]UKSC 49 and the US Copyright Review Board in Refusal to Register SURYAST are illustrative.… … The post Do generative AI inventions and works qualify for patents and copyrights?

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Invention Copyright Patent Inventor 114

Plagiarism Today

OCTOBER 25, 2021

The lawsuit was filed by Jocelyn Susan Bundy, who claims that her grandfather created the design based on Dante’s Inferno. The new rate, when decided, would be applied retroactively and would also govern royalties owed between 2023 and 2027. Let me know via Twitter @plagiarismtoday.

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Music Publishing Fair Use Journalism 203

SpicyIP

JULY 31, 2023

The last date to apply is August 05, 2023. vs Gupta Light House on 24 July, 2023 (Delhi High Court) Image from here The dispute pertained to imitation of suit design by the defendant. The suit design was a “Handi” shaped pressure cooker registered in favor of the plaintiff. Case: Vifor International Ltd & Anr.

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Design Designs Invention Intellectual Property 98

SpicyIP

JUNE 17, 2023

Readers may recall that in May 2023, Niyati posted on the official announcement to hold “Open House Sessions” on weekdays from 4:30 PM to 5:30 PM, to “address grievances/suggestions on issues related to Intellectual Property Rights.” Later, in May 2023, it was announced that these sessions would be conducted on a daily basis.

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TorrentFreak

JUNE 18, 2024

French telecoms/audiovisual regulator Arcom has released its annual report covering 2023. Referrals Continue To Fall In general, graduated response warnings are designed to raise awareness and encourage changes in behavior. A total of 1,526 cases were sent to the public prosecutor in 2023, versus 1,395 in 2022, and 1,484 in 2021.

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The IPKat

DECEMBER 4, 2023

Incidentally, both proceedings stemmed from a long-running dispute between Piaggio and a Chinese company accused by the former of parasitically copying the Vespa design. patents for technical functionality and copyright and design rights for substantial value) gets circumvented through trade mark law.

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