IIPRD

JANUARY 22, 2025

To determine whether the use constitutes fair use or not is determined based on a number of factors like if they primarily include the purpose and character of the use, the nature of the copyrighted work, the amount used, and the effect on the market for the original work. Another important factor is market effect. Google, Inc.

Fair Use 95

Fair Use Intellectual Property Derivative Work Copyright Law 95

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 98

Design Designs Social Media Blogging 98

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 124

Marketing Marketing Privacy Intellectual Property 124

The IPKat

MARCH 11, 2025

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.

Copyright 71

Copyright Art Design Designs 71

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 124

IP Copyright Trademark Intellectual Property 124

IIPRD

MARCH 13, 2025

All the creations of the human minds such as designs, inventions, artistic works, names, symbols, etc. For example, the Tata Nanos rear-engine design and lightweight body structure is patented by Tata Motors. For example, the shape of Coco-Cola bottle is registered as an industrial design. It is governed by the Patent Act, 1970.

Intellectual Property 83

Intellectual Property Registration Design Designs 83

Technology & Marketing Law Blog

NOVEMBER 16, 2024

“Defendant immediately removed the infringing Photo upon having learned of it, [] made an offer of judgment in the amount of $2,500 in September 2023, and [] later conceded liability so as to advance the termination of this action.” KMC appeared first on Technology & Marketing Law Blog. The parties’ conduct.

Copyright 102

Copyright Settlement Licensing Litigation 102

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 111

Copyright Copyright Infringement Music Fair Use 111

Intepat

MARCH 25, 2025

Several luxury brands, including Tom Ford, Chanel, and Dior, annually invest millions into developing and marketing their signature perfumes. These products are essentially replicas of luxury or designer fragrances, crafted to mimic the scent profile of high-end perfumes at a fraction of the cost. billion in 2025.

Copying 59

Copying Branding Brands Branding 59

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

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 109

Design Designs Privacy Business 109

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

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

Garrigues Blog

MARCH 4, 2025

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.

Non-Fungible Tokens 52

Non-Fungible Tokens Branding Branding Brands 52

TorrentFreak

OCTOBER 26, 2024

Had a crystal ball been available back in 2017, Merrell would’ve observed the operators of Flawless being sent to prison in 2023 for more than 30 years. As a new customer, subsequently purchased a subscription from a then relatively unknown provider called Flawless TV.

Social Media 114

Social Media Reporting Advertising Advertising 114

SpicyIP

NOVEMBER 15, 2024

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. As per this report, in 2023, resident patent filings increased by 29.3%, with Indian residents representing 55% of overall patent filings, a rise from 24.8%

Reporting 103

Reporting Intellectual Property Technology Marketing 103

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

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.

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Registration Design Designs Trademark 72

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 72

Design Designs Registration Marketing 72

Corsearch

JANUARY 31, 2025

This constant relisting is designed to maintain visibility, as counterfeiters vie for limited digital space and aim to appear above their competitors. Exploiting gray markets Parallel imports and other gray market threats see a rise during this period.

Social Media 59

Social Media Branding Brands Branding 59

IP Watchdog

NOVEMBER 14, 2023

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.

Design Patent 59

Design Patent Design Designs Patent 59

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

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

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.

Branding 59

Branding Branding Brands Design 59

Patently-O

FEBRUARY 3, 2023

by Dennis Cxrouch In re Lizzo LLC (TTAB 2023) In a new precedential opinion, the PTAB has sided with the musical artist Lizzo — agreeing to register her mark “100% THAT B H” for use on apparel. Unlike patents and copyrights, trademark law is not designed to reward the creative endeavor of invention or authorship.

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Registration Trademark Social Media Design 128

Technology & Marketing Law Blog

NOVEMBER 7, 2023

The appeals court says the plaintiffs “have not adequately defined the relevant market.” ” Instead, they identified 15 different markets in “scattergun fashion.” 2023 WL 7268325 (9th Cir. 3, 2023) The post Apple’s App Store Can Reject Unwanted Apps–Coronavirus Reporter v.

Reporting 98

Reporting Blogging Marketing Marketing 98

Technology & Marketing Law Blog

MARCH 30, 2025

For Chanukah 2023, I gave my kids an ornament with Data reciting part of the ode ! The court also notes that money damages could compensate for any market harms. The post Rounding Up Recent Copyright and AI Rulings appeared first on Technology & Marketing Law Blog. It was a big hit. Concord Music Group, Inc.

Copyright 52

Copyright Publishing Copyright Infringement Licensing 52

Copyright Lately

FEBRUARY 17, 2025

Goldsmith in the days following the Supreme Courts 2023 landmark fair use decision. The Ninth Circuit held that Accolades interim copying was a fair use because it was a necessary step in acquiring the compatibility code (which was not protected by copyright) and because it increased the publics access to independently designed video games.

Fair Use 68

Fair Use Copying Public Domain Copyright 68

TorrentFreak

MARCH 24, 2025

. “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.

Advertising 60

Advertising Advertising Marketing Marketing 60

Technology & Marketing Law Blog

FEBRUARY 1, 2023

Yet, here we are in 2023, still reiterating that venerable legal principle. His website stands out for its late 1990s design ethos, plus it uses line numbers on every web page (even the “contact us” page) as if they were court pleadings. Google LLC , 2023 WL 1103648 (D. Alexander Daniloff is an Oregon lawyer.

Blogging 111

Blogging Publishing Law Design 111

SpicyIP

FEBRUARY 17, 2025

On September 25, 2023, Judge Bibas rendered his initial opinion on summary judgment motions concerning direct infringement and fair use. The Court held: “This is precisely the kind of “wasted effort that the proscription against the copyright of ideas and facts is designed to prevent.” But, first, Some History!

Copying 69

Copying Fair Use Copyright Copyright Law 69

43(B)log

AUGUST 8, 2023

2023 WL 5000434, No. 4, 2023) Akes brought the usual California claims /unjust enrichment, alleging that she was misled by the labeling of the 2.5-ounce ounce bottle of Coppertone Sport Mineral sunscreen as “Face 50” to believe that it was “specifically designed” or “specifically formulated” “for use on the face.”

Design 90

Design Designs Marketing Marketing 90

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

SpicyIP

MARCH 27, 2023

Controller of Patents and Designs. Case: Biomoneta Research Vs Controller General of Patents Designs on 13 March 2023 (Delhi High Court) The matter pertained to an appeal against the order of the controller rejecting a patent application for ‘Air Decontamination Assembly’. Or are they adversarial in nature? & Ors.,

Design 105

Design Designs Cease and Desist Art 105

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 75

Intellectual Property Design Designs Intellectual Property Law 75

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.

Design 64

Design Designs Registration Intellectual Property 64

Technology & Marketing Law Blog

MARCH 12, 2023

” “the surrounding context—that the reviews and complaints were posted in a public forum whose existence is designed to give outlet to consumers who, rightly or wrongly, feel mistreated by particular businesses—suggests to the reader that such statements are not intended to be recitations of fact.” Bureau, 2023 N.Y.

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Business Copyright Law Blogging Law 122