Dragons' Den

FEBRUARY 9, 2024

Emma is a fashion designer and founder of denim company, Good American. What is its appeal to the market? In IPO’s free, online, easy to use toolkit there are resources designed to help businesses identify their IP and understand how to protect, manage it and even license it to scale up their product.

Blogging 52

Blogging IP Designs Design 52

Technology & Marketing Law Blog

FEBRUARY 12, 2024

In 2013, Philpot uploaded the photo to Wikimedia Commons, which is governed by the standard Creative Commons license requiring attribution. Philpot claims his standard photo licensing fee is $3,500, but reuses of the photo from Wikipedia Commons didn’t require any payment (just attribution). ” Market Effect.

Fair Use 90

Fair Use Licensing Copyright Marketing 90

SpicyIP

APRIL 30, 2024

Discussing the Delhi High Court’s Microsoft Technology Licensing v. By Kevin Preji On 28th Feb, 2024, the Delhi High Court in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs in allowing an appeal, clarified the role of the ‘person skilled in the art’ (‘PSITA’) in determining non-obviousness.

Invention 111

Invention Art Designs Design 111

LexBlog IP

JANUARY 30, 2024

The amended Regulations came into effect on 20 January 2024. Another area that sees substantial changes is the design system. While the 2020 amendment of the Patent Law allowed for partial design in principle, the amended Regulations provide more detailed requirements for the filing of applications for partial designs.

Patent 52

Patent Invention Patent Law Designs 52

SpicyIP

JULY 8, 2024

10 Days to the 2024 Shamnad Basheer Essay Competition Deadline! Another reminder for our eligible readers as only 10 days remain for the deadline of the 2024 Shamnad Basheer Essay Competition! Microsoft Technology Licensing LLC v. We have already received some fascinating entries and cannot wait to read more!

Invention 59

Invention Art Trademark Patent Application 59

Technology & Marketing Law Blog

JUNE 4, 2024

The underlying legal principles are not complicated: content rules in TOSes are negative behavioral restrictions on authors’ conduct, not marketing or contractual promises to readers that such content will never appear on the site. It’s not hard to imagine how a negligent design claim could have been structured here.

Contracts 77

Contracts Designs Design False Advertising 77

Technology & Marketing Law Blog

MARCH 5, 2024

In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors. Pixels.com, LLC , 2024 WL 885356 (W.D. Cite to Ohio State v.

Artwork 98

Artwork Trademark Publishing Marketing 98

43(B)log

FEBRUARY 26, 2024

Arm or Ally, LLC, 2024 WL 756474, No. 23, 2024) The AG sued sellers of “unfinished frames and receivers” — also known as “80% lowers” or “receiver blanks” —designed to evade restrictions on gun sales. Defendants contended that marketing unfinished frames and receivers as “legal” was protected by the First Amendment.

False Advertising 57

False Advertising Advertising Advertising Marketing 57

Technology & Marketing Law Blog

JANUARY 24, 2024

This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer. The court explains: They describe steps in the process of fashion design and capture much (if not all) of the creative output that Gutman might produce in her role as a designer.

Social Media 81

Social Media Ownership Designs Design 81

SpicyIP

JANUARY 29, 2024

In a major development concerning the Ibrutinib patent, DHC restrains generic manufacturers from manufacturing and marketing the life-saving anti-cancer drug. Tech giants Nokia and Oppo enter into a cross-licensing agreement ending their patent disputes across multiple jurisdictions! But what about the public interest?

Music 59

Music Intellectual Property Copyright IP 59

SpicyIP

MARCH 11, 2024

Case Summaries Therelek Machines Private Limited vs Therelek Engineers Private Limited on 28 February, 2024 (Karnataka High Court) The petitioner challenged the rejection of its interim application under Section 124 of the Trade Marks Act, seeking a stay in a suit for trademark infringement.

Trademark 59

Trademark Registration Copyright Patent 59

Indiana Intellectual Property Law

MAY 7, 2024

The U.S. (..)

Patent 52

Patent Marketing Marketing Technology 52

LexBlog IP

JANUARY 25, 2024

As we kick off 2024, we reflect on regulatory developments in the biologics and biosimilars space in 2023. FDA Approvals In 2023, there were 23 FDA approvals of Biologic License Applications , including for Vertex’s CASGEVY and Bluebird’s LYFGENIA, the first cell-based gene therapies for the treatment of sickle cell disease.

Marketing 52

Marketing Marketing Licensing Litigation 52

LexBlog IP

DECEMBER 26, 2023

This curated guide is designed to inform and assist Founders by highlighting a variety of government and private sector programs. Atlanta Startup Growth Loan Program (ASGL) Mayor Andre Dickens has announced the Atlanta Startup Growth Loan Program (ASGL), a new initiative designed to bolster the growth of local technology startups in Atlanta.

Government 52

Government Business Contracts Inventor 52

Kluwer Copyright Blog

FEBRUARY 28, 2024

The UKIPO chaired the meetings, while representatives from the Department for Culture, Media and Sport, the Office for Artificial Intelligence and the Competition and Markets Authority attended as observers. Photo by Emily Wang on Unsplash The UK’s attempt to deal with generative AI, training data and copyright law has taken yet another turn.

Copyright Law 58

Copyright Law Copyright Law Music 58

LexBlog IP

AUGUST 14, 2023

The reporting rule goes into effect on January 1, 2024. It is designed to capture anyone who can make important decisions on behalf of the entity. The CTA requires new companies or registered on or after the rule’s effective date of January 1, 2024, to provide identifying information of the Company Applicant.

Business 52

Business Ownership Reporting Registration 52

The IPKat

JANUARY 1, 2024

Their external appearance can be protected by copyright, design, trade mark or unfair competition law, though there are limits. The US copyright for Winnie the Pooh expired in 2021 and it will expire for the original (‘Steamboat Willie’) Mickey Mouse in 2024. An obvious one is the duration of most IP rights.

Art 70

Art Music Journalism Marketing 70

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 FDA had accepted the Biologics License Application for priority review in November 2022. Both drugs are PCSK9 inhibitors designed to lower low-density lipoprotein cholesterol.

Settlement 52

Settlement Litigation Patent Reporting 52

Technology & Marketing Law Blog

MARCH 11, 2024

The court explains this and other differences from Aereo: “Aereo involved a system designed for the sole purpose of transmitting the subject content and which had no plausible utility, in that configuration, other than the transmission of that content, whereas X/Twitter is a social media site with a range of potential uses.”

Music 79

Music Copyright Social Media Copyright Infringement 79

LexBlog IP

JULY 5, 2023

In 2006, Hetronic entered distribution and licensing agreements with Hydronic Steuersysteme GmbH (later purchased by Abitron Austria GmbH). When Abitron purchased Hydronic in 2014, they began selling products identical to Hetronic’s remote controls in foreign markets with the recognizable black-and-yellow coloring.

Trademark 52

Trademark Marketing Marketing Contracts 52

Technology & Marketing Law Blog

FEBRUARY 14, 2024

It isn’t clear if the estate tried some of the more modern Section 230 workarounds, such as negligent design. Thus, the Terms of Use Agreement is a proper clickwrap contract, and the undisputed facts establish that Lindsey Partridge assented to its terms Case Citation : In re Chaves, 2024 U.S. LEXIS 23688 (S.D.

Contracts 74

Contracts Advertising Advertising Privacy 74

LexBlog IP

JANUARY 25, 2024

The Court then unanimously overturned the Ninth Circuit’s ruling, holding that the parody dog chew toy resembling a Jack Daniel’s whiskey bottle fell outside the Rogers test because the challenged Jack Daniel’s trade dress was admittedly being used “as a designation of source for [VIP’s] own goods.”

Trademark 40

Trademark Designs Design Branding 40

Technology & Marketing Law Blog

JUNE 14, 2024

“there is only a tenuous connection between, on the one hand, Defendants’ design, operation, and promotion of the platforms and, on the other, a minor user’s decision to destroy or deface school property. ” Imagine a reframing: “can for-profit businesses encourage greater customer loyalty using product marketing?

Social Media 71

Social Media Publishing Designs Design 71

Patently-O

AUGUST 3, 2023

The complaint alleges Pfizer and BioNTech initially tested different vaccine designs but ultimately chose to copy Moderna’s approach, despite being aware of Moderna’s patents. In the lawsuit, Moderna is seeking monetary damages for patent infringement but not injunctive relief taht would remove the Pfizer vaccine from the market.

Patent 97

Patent Patent Infringement Copying Technology 97

Technology & Marketing Law Blog

MARCH 25, 2024

” As the court notes, such tactics are exactly what anti-SLAPP laws are designed to combat. “Any failure by Brandwatch to secure the Licensed Materials was a precondition to CCDH’s access.” March 25, 2024) The post Court Says Twitter Misused Litigation to Punish Defendants for Their Speech–X v.

Litigation 87

Litigation Contracts Advertising Advertising 87

The TTABlog

APRIL 17, 2024

TBL Licensing v. April 15, 2024). Citing Wal-Mart , the court observed that trademark law does not protect "product designs that lack distinctive meaning as a source identifier." The Court observed that "[a] party seeking to establish secondary meaning in a product design bears a 'formidable burden of proof.'"

Designs 60

Designs Design Advertising Advertising 60

LexBlog IP

AUGUST 29, 2023

The CTA takes effect on January 1, 2024, so it is crucial that you familiarize yourself with your company’s potential reporting obligations now. This is the second article in a new series about the CTA. This edition will provide a more detailed look at the exemptions from reporting requirements under the CTA.

Reporting 52

Reporting Ownership Business Government 52

43(B)log

APRIL 29, 2024

Kitchen Cube LLC, 2024 WL 1829620, No. 17, 2024) Leszczynski invented a measuring cube that combines various measuring volumes into a single cubical structure. He posted the Cube design and 3D print files on Thingiverse.com, the largest site for 3D print objects. Leszczynski v. 8-23-cv-01698-MEMF-ADS (C.D.

False Advertising 57

False Advertising Advertising Advertising Copyright Infringement 57

Technology & Marketing Law Blog

JUNE 27, 2022

Today’s example is AB 2273, the Age-Appropriate Design Code Act (AADC), Before we get overwhelmed by the bill’s details, I’ll highlight three crucial concerns: First, the bill pretextually claims to protect children, but it will change the Internet for EVERYONE. Age-Appropriate Design Code.

Privacy 139

Privacy Designs Design Business 139

SpicyIP

FEBRUARY 12, 2024

Comments on the Proposed Trademarks (1st Amendment) Rules, 2024 The recently proposed Trademark Rules amendments were open for comments in a period ending today. Image from here A SARAL Analysis of the Proposed Trade Marks (1st Amendment) Rules, 2024 Just Keep it Simple! Case Summaries Gujarat Cooperative Milk Marketing v.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

Technology & Marketing Law Blog

APRIL 28, 2024

The plaintiff alleged that the defendants’ dining chairs or barstools infringed two of plaintiff’s design patents. Perhaps most significantly, although many of the defendants’ barstools exhibit some similarity in the design of the seat and backrest, the bases of many of the barstools vary widely. Case Citation : Wang v. 24-cv-759 (N.D.

Patent 86

Patent Patent Troll Blogging Trademark 86

SpicyIP

FEBRUARY 5, 2024

Highlights of the Week Comments on the Proposed Patent (2nd Amendment) Rules, 2024 In addition to the typos and ambiguity regarding the timelines, the Draft Patent (2nd Amendment) Rules, 2024, inter alia, suffer from limited scope and require clarity on the qualification of the designated officers. The Sweet Sound of Victory?

Trademark 59

Trademark Settlement Licensing Copyright Infringement 59

Technology & Marketing Law Blog

APRIL 27, 2024

The design elements use “a contrasting font color” making the notice legible on the dark background. Unlike the notices at issue in Berman , the sign-in screen here lacks clutter and uses “[c]ustomary design elements denoting the existence of a hyperlink.” appeared first on Technology & Marketing Law Blog. Warner Bros.

False Advertising 84

False Advertising Government Privacy Designs 84

SpicyIP

FEBRUARY 26, 2024

Controller of Patents and Designs made some interesting observations on this issue. on 14 February 2024 (Delhi High Court) The petitioner sought the removal of the respondent’s mark ‘CLOVER,’ registered in Class 9. The MHC in Novozymes v. Legislative Oversight? Read Yogesh’s take on this decision to know more.

Trademark 59

Trademark Copyright Registration Designs 59

Kluwer Copyright Blog

FEBRUARY 20, 2024

years after the implementation deadline, Poland still had to implement the provisions of the 2019 Copyright in the Digital Single Market Directive into national law. This must have been the key insight at the Polish Culture and National Heritage Ministry when the new administration took over and discovered that more than 2.5

Copyright Law 143

Copyright Law Copyright Law Government 143

Indiana Intellectual Property Law

JUNE 12, 2024

The U.S. (..)

Patent 52

Patent Designs Design Patent Application 52

SpicyIP

OCTOBER 23, 2023

Division Bench of the Bombay High Court Reaffirms No Statutory Licenses for Broadcast by Online Streaming Services Recently a division Bench of the Bombay High Court upheld the single judge’s order holding that Section 31D does not include internet broadcasting within its ambit. Case Summaries Hulm Entertainment Pvt. M/S Mex Switchgears Pvt.

Designs 52

Designs Design Music IP 52