43(B)log

MAY 8, 2023

The Roundtable is designed to be a forum for the discussion of current trademark and right of publicity scholarship, covering a range of methodologies, topics, and perspectives. The Roundtable will be held on Friday, October 6, 2023. The Roundtable will cover the travel and lodging expenses for invited authors.

Trademark 72

Trademark False Advertising Advertising Advertising 72

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.

Design 83

Design Designs Social Media Blogging 83

Patently-O

JULY 20, 2023

2023) The Timberland Boot trade dress case is pending before the Fourth Circuit, raising some interesting questions about the role of product trade dress vs design patents vs copyright vs utility patents. Timberland boots were first sold in the 1970s with a unique design that quickly resonated with consumers. Vidal (4th Cir.

Design 74

Design Designs Cease and Desist Design Patent 74

Kluwer Copyright Blog

APRIL 12, 2023

This post is based in part on the Position Statement of the Max Planck Institute for Innovation and Competition of 23 January 2023 on the ‘Design Package’, but expresses the authors’ own personal views. Third, the (now even more pronounced) detachment of design and product and what this means for a theoretical approach to cumulation.

Design 52

Design Designs Copyright Copyright Law 52

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92078857 (November 29, 2023) [not precedential] (Opinion by Judge Mark A. The Board found petitioner's "fawn" design mark to be inherently distinctive. There was also evidence of four other rice products on the market that feature deer in their packaging. Welch 2023. Global Commodities, Inc. Cancellation No.

Design 70

Design Designs Registration Marketing 70

The TTABlog

MAY 1, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine oral hearings for the month of May 2023. May 2, 2023 - 2 PM [In-person]: In re Puma SE , Serial No. May 9, 2023 - 10 AM [In-person]: In re International Technology Law Association, Inc. May 9, 2023 - 1 PM [In-person]: In re MercadoLibre, Inc.

Brands 57

Brands Branding Branding Designs 57

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. Atlantic Records Lyrically Challenged. Carter wrote in Jones v. Polychron v.

Copyright 106

Copyright Copyright Infringement Music Fair Use 106

43(B)log

MARCH 22, 2023

Trademark and Unfair Competition Scholarship Roundtable 2023 The Trademark and Unfair Competition Scholarship Roundtable co-hosted by Harvard, NYU, and the University of Pennsylvania will take place in person hosted this year at NYU. The Roundtable will be held on Friday, October 6, 2023.

Trademark 78

Trademark False Advertising Advertising Advertising 78

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.

IP 120

IP Copyright Trademark Intellectual Property 120

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 72

Design Patent Patent Infringement Design Designs 72

TorrentFreak

NOVEMBER 19, 2023

StreamSafely: How it All Began The people who came up with the StreamSafely campaign and still run it today are collectively known as Ctam Cable Marketing Association Inc. , As the current member list shows, cable marketing has considerable scope. or CTAM for short. ” Under the heading The Cable Industry v. million expenses, $1.1

Marketing 114

Marketing Marketing Privacy Intellectual Property 114

Patently-O

JANUARY 3, 2024

EL’s design also includes the idea of different elastic strengths. EL’s friend Jane provided some financing to develop and test the prototype, and also gave EL marketing advice, but did not contribute directly to the technical development. By November 2019, EL was satisfied with the design. What do you think?

Patent Law 78

Patent Law Law Patent Patent Application 78

The TTABlog

APRIL 3, 2023

TTAB Sustains Section 2(d) Opposition to RAMEN HOOD & Design for Asian-Themed Restaurant Services TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out? Yes] TTABlog Test: Is AGI2 for Lighting Fixtures Confusable With AGI & Design for Architectural Signage Lighting? Welch 2023. Precedential No.

Registration 70

Registration Designs Design Trademark 70

Kluwer Copyright Blog

OCTOBER 7, 2024

This time, the casus belli came from a question related to the requirements needed to allow the cumulation of design and copyright protection for works of industrial design and applied art (WAA). In addition, the Court of Appeal ruled out that the lamp was a protectable work of design under art.2(1)(10) With an order (Cass.,

Design 63

Design Designs Law Copyright 63

Kluwer Copyright Blog

FEBRUARY 8, 2023

Therefore, such AI-generated works are said to compete directly with human-authored works and thus might be capable of disturbing the market for low creativity works, which is where apparently many artists nowadays make a living. It would not genuinely guarantee a level-playing field for all players in all Member States in a specific market.

Marketing 107

Marketing Marketing Copyright Copyright Law 107

43(B)log

SEPTEMBER 6, 2023

Allen Interchange LLC, 2023 WL 5206884, No. 14, 2023) This opinion deals only with Allen’s counterclaims. The Toyota parts sold by Allen Interchange and Toyota bear the same part number, and according to Allen Interchange, are identical in design, function, and quality. Allen Interchange LLC, 2023 WL 5207389, No.

Marketing 59

Marketing Marketing False Advertising Advertising 59

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 84

Reporting Music IP Intellectual Property 84

LexBlog IP

MARCH 10, 2024

36/2023 has assumed control, replacing the previous competition regulation law (Federal Law No. The law aims to encourage fairness, competitiveness, and consumer protection through provisions, controls, and penalties designed to restrict anti-competitive behaviours and establish regulatory frameworks. 4/2012) in the UAE.

Law 52

Law Intellectual Property Marketing Marketing 52

The IPKat

FEBRUARY 29, 2024

In a decision delivered this week, the Court of Appeal of England and Wales (the Court) has upheld the design infringement claim brought by Marks and Spencer (M&S) against Aldi in respect of their gin-based flavoured liqueur range, in what may be a catalyst for a shift from trade mark law to design law for product "lookalike" claims.

Designs 60

Designs Design Registration Intellectual Property 60

LexBlog IP

JANUARY 25, 2024

As we kick off 2024, we reflect on regulatory developments in the biologics and biosimilars space in 2023. Below are some of the top regulatory developments from 2023. Janssen and Amgen settled their BPCIA litigation regarding Amgen’s ustekinumab biosimilar product in May 2023.

Marketing 52

Marketing Marketing Licensing Litigation 52

IP Tech Blog

MARCH 8, 2024

On September 18, 2023, NetChoice, LLC — a national trade association with members from the tech and social media industry — obtained a preliminary injunction from the District Court for the Northern District of California preventing the State of California from enforcing the California Age-Appropriate Design Code Act (“AADC” or the “Act”).

Design 57

Design Designs Social Media Privacy 57

Patently-O

OCTOBER 18, 2022

Comments should be submitted by Jan 17, 2023 via the eRulemaking Portal. 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.

Design Patent 58

Design Patent Design Designs Litigation 58

JD Supra Law

APRIL 20, 2023

This edition of Skadden’s quarterly Insights looks at the rising number of de-SPACed companies seeking Chapter 11 protection, the growth of a market designed to assume legacy liabilities, an effort to establish government-friendly case law in antitrust enforcement, and other important trends and developments.

Editing 52

Editing Government Designs Design 52

JD Supra Law

JULY 5, 2023

There are plenty of fish in the sea when it comes to trademarks: from word marks to service marks; from symbols to surnames; from product packaging to product design. When the time is right, and you feel like you have found “the one,” it is important to lock it down.

Service Mark 52

Service Mark Marketing Marketing Designs 52

Kluwer Copyright Blog

OCTOBER 2, 2023

Photo by Markus Spiske on Unsplash Welcome to the third trimester of the 2023 round up of EU copyright law! In this edition, we update you on what has happened between July and September 2023 in EU copyright law. The government has until 31 October 2023 to respond to these recommendations. Read more here.

Copyright Law 71

Copyright Law Law Copyright Copying 71

The TTABlog

DECEMBER 26, 2023

The Board sustained this opposition to registration of JUICY FRUIT & Design (shown below) for" t-shirt for adults," finding that pro se Applicant David Neal Seller's lacked a bona fide intent to use the mark for t-shirts at the time he filed his application. 91268870 (December 21, 2023) [not precedential] (Opinion by Judge Christen M.

Design 70

Design Designs Marketing Marketing 70

azrights

JUNE 19, 2023

As the Clubcard case illustrates, mistakes around names happen even at the household brand end of the market, and even when using an agency, designer or marketer. Another use for the consultation might be to discuss how to gift the templates to your own clients if you’re a designer or marketer or agency serving business clients.

Business 52

Business Design Designs IP 52

Velocity of Content

DECEMBER 24, 2023

In the final weeks of 2023, Velocity of Content is looking back at the past twelve months of programs. A scientific article appearing in the digital age of 2023 is largely unchanged in form and format from generations of ancestors. As 2023 closes, pandemic restrictions have lifted, and urban centers are mostly free of protests.

Publishing 52

Publishing Editing Journalism Business 52

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. This Kat was particularly interested in the chapter by Daniel Kevles entitled 'Novelties, Frauds, and Protections'.

Intellectual Property 70

Intellectual Property Design Designs Intellectual Property Law 70

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).

Brands 71

Brands Branding Branding Designs 71

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.

Design 86

Design Designs Privacy Business 86

The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Intellectual property is a company asset, just like inventory.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

LexBlog IP

DECEMBER 30, 2021

biosimilar market developments of 2021. This interchangeable designation was based on the FDA’s “rigorous approval standards,” including evidence that showed the reference product and biosimilar are highly similar and have no clinically meaningful differences in terms of safety, purity and potency.

Marketing 52

Marketing Marketing Settlement Licensing 52

The TTABlog

FEBRUARY 16, 2023

The Board sustained Section 2(d) oppositions to the word-and-design marks shown immediately below, for Asian-themed cuisine and for restaurant services featuring same, finding confusion likely with opposer's common law mark RAMEN HOOD & Design (shown to the right) for Asian-themed restaurant services. Welch 2023.

Design 52

Design Designs Registration Copying 52

The IPKat

OCTOBER 9, 2023

The IPKat is received the following report by Katfriend Caroline Theunis (ELSA International) on the recent discussion of a Design Law Treaty at WIPO. They constitute the “SCT”, referring to the Committee covering design law issues within WIPO. If so, what should that entail?

Design 67

Design Designs Law Trademark 67

Velocity of Content

MAY 30, 2023

Jessica is Senior Director, Information and Content Solutions at CCC, responsible for the strategic direction of CCC’s Ringgold portfolio and go-to-market efforts for products and services across the scholarly publishing ecosystem. The post The State of Scholarly Metadata: 2023 appeared first on Copyright Clearance Center.

Publishing 52

Publishing Reporting Design Designs 52

LexBlog IP

JANUARY 19, 2024

As we settle into 2024, we reflect on the significant legal developments of 2023 that hold potential impact on the biologics and biosimilars market. The following is a recap of some of the top five legal decisions and developments in the biosimilars and biologics space in 2023 that we covered on the Big Molecule Watch.

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Settlement Litigation Patent Reporting 52