JD Supra Law

APRIL 26, 2024

The European Court of Justice affirmed an earlier decision of the European Intellectual Property Office (EUIPO) in a case where Puma was attempting to gain a European Union (EU) Community Design on its “Puma Creeper Shoe.” By: Dickinson Wright

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Copyright Lately

DECEMBER 4, 2023

Oh Mickey, you’re so fine—but you’re not alone: An avalanche of copyrighted works will enter the public domain in the United States on January 1, 2024. public domain on January 1, 2024—and that’s a shame. However, as always, Public Domain Day 2024 will be accompanied by lots of caveats, asterisks and traps for the unwary.

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The IPKat

JUNE 10, 2024

Last month, I had the opportunity and privilege to speak at the EUIPO Case Law Conference 2024 and present the challenges of trademark modernization, under the heading “Reconciling the Old with the New: Challenges of Trade Mark Modernization” [see IPKat here ]. As such, it differed from any other shape on the market.

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Law Registration Publishing Designs 67

The IPKat

JANUARY 25, 2024

By decision of 24 January 2024 ( T-537/22 ), the General Court of the European Union (GC) confirmed the validity of the Registered Community Design (RCD) by Lego A/S (Lego) “Building blocks from a toy building set” by stating that an RCD is invalid only if all its features are excluded from protection. Lego appealed.

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Designs Design Registration Intellectual Property 67

The TTABlog

JANUARY 17, 2024

92075496 (January 14, 2024) [not precedential] (Opinion by Judge Michael B. California claimed that its ring design mark is commercially strong, but its evidence did not relate solely to the ring mark. The parties’ ring/circle designs do not look exactly the same, even though they feature the same shapes and are constructed similarly.

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LexBlog IP

SEPTEMBER 6, 2023

Upcoming Changes in Korean Patent Law for 2024 by John DeStefano Understanding the 2024 Korean Patent Law Amendments As champions of innovation and protectors of intellectual property, it is vital for us to stay informed about the most recent developments in patent law worldwide.

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The TTABlog

JUNE 26, 2024

It sought cancellation of a registration for the mark PREDATOR & Design , issued in 2017, for soft drinks and energy drinks made with natural ingredients, claiming lack of bona fide intent and abandonment. 92078934 (June 20, 2024) [not precedential]. marketing strategies, U.S. Welch 2024. Monster Energy Company v.

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The IPKat

JUNE 8, 2024

They are particularly interested in applicants with expertise in Foundations of Tort, Law of Contract, Land Law, or Law of Trusts, and/or in the areas of corporate/commercial law, consumer and marketing law, mental health law, law and technology, or – last but not least – intellectual property. The deadline to apply is 2 July 2024.

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Technology & Marketing Law Blog

APRIL 28, 2023

Despite the California Legislature’s blunder last year with AB 2273 (the Age Appropriate Design Code), many states, including Minnesota, are stubbornly pushing for nearly identical laws. If passed, the bill goes into effect July 1, 2024 with the first round of DPIAs due July 1, 2025. Enforcement is limited to the MN AG.

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Copying Designs Design Blogging 127

The IPKat

MAY 20, 2024

The next day, LES is holding the full-day LES100 Training Course, “Commercialising IP through the Power of Licensing”, which is the introductory course in the Licensing Executives Society’s Intellectual Asset Management Series and it is designed for those who are relatively new to licensing. Happy week to all our readers!

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Intellectual Property Law Intellectual Property Licensing IP 60

The TTABlog

FEBRUARY 28, 2024

The Board concluded that the involved marks are "too dissimilar overall to warrant a finding of likelihood of confusion," and it found that Applicant Rodriguez had the capacity to market his products and had taken steps to create a small Internet business, thus defeating the lack-of-bona-fide-intent claim. Welch 2024.

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Designs Design Registration Business 60

Indiana Intellectual Property Law

MARCH 5, 2024

CONVEYING TRUST. 7300963 7310789 ANGI 7304077 SANIVIVE 7314283 YOU’VE TRIED THE REST, NOW COME TO THE BEST!

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Registration Trademark Marketing Marketing 52

Technology & Marketing Law Blog

JUNE 23, 2024

First, the same logic would extent to all of the threats identified in the try-before-you-buy experience, not just the threat designations of direct competitors (though non-competitors may not have Lanham Act standing). More generally: most commercially vended editorial items uses teasers/tasters as part of its marketing/advertising.

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Law False Advertising Advertising Advertising 59

Velocity of Content

JUNE 18, 2024

CCC will be showcasing its licensing and permissions services at three major conferences in the Academic market: ISTE, NCSA, and ALA in June 2024. NCSA: National Conference on Student Assessment Date: June 24-26, 2024 Student assessment plays a crucial role in shaping educational policies and practices. Visit us at Booth 641!

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Higher Education Licensing Publishing Marketing 52

43(B)log

JUNE 11, 2024

2024 WL 2883671, No. 6, 2024) This is the latest decision in long-running litigation over Malwarebytes’ characterization of Enigma’s competing cybersecurity and anti-malware software as “malicious,” a “threat,” and as a Potentially Unwanted Program (“PUP”). Here, the allegations sufficiently stated a marketing context.

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Advertising Advertising Designs Design 62

The IPKat

JUNE 4, 2024

By decision of 28 May 2024 ( R 173/2024 ) the Board of Appeal of EUIPO (BoA) rejected a 3D trade mark for jewellery constituted by the representation of a bejewelled eagle. It serves as a reminder that, while creativity in design is valuable, it must also meet the legal criteria of distinctiveness to gain trade mark protection.

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Registration Designs Design Intellectual Property 60

43(B)log

JUNE 10, 2024

3d -, 2024 WL 2843092, No. 5, 2024) Abbott Laboratories’s Glucerna line of powders and shakes are marketed as scientifically designed for people with diabetes to help manage blood sugar. Prescott v. Abbott Laboratories, F.Supp.3d 23-cv-04348-PCP (N.D.

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U.S. Department of Commerce

FEBRUARY 6, 2024

Department of Commerce February 6, 2024 KCPullen@doc.gov Tue, 02/06/2024 - 11:21 The American Rescue Plan (ARP), the Bipartisan Infrastructure Law (BIL), the Inflation and Reduction Act (IRA), and the CHIPS and Science Act provide the U.S. Improving Program Delivery with Innovative Data Practices at the U.S.

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Business Designs Design Government 131

The IPKat

JANUARY 23, 2024

Regulation, Innovation and Competition in Pharmaceutical Markets, by Margherita Colangelo. The winner is: EU Trade Mark Law and Product Protection: A Comparative Analysis of Trade Mark Functionality (Routledge) by Lavinia Brancusi Best Book on Design Law The nominations were: • Australian Design Law and Practice, by Tyrone Berger.

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Technology & Marketing Law Blog

JUNE 12, 2024

If this is correct, then these lawsuits aren’t designed to protect consumers at all, and they may turn an important consumer protection law into a net statutory loss. Anheuser-Busch Companies, LLC, 2024 WL 1122415 (C.D. March 14, 2024) and 2024 WL 1260806 (C.D. March 14, 2024) and 2024 WL 1260806 (C.D.

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Law Contracts Litigation Business 63

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.

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Contracts Designs Design False Advertising 77

The IPKat

MARCH 24, 2024

In addition to being works of scientific achievement, many luxury timepieces are artistic wonders with innovative designs, like some of the reportedly 100 000 (!) Brands like Rolex, Patek Philippe and Audemars Piguet hold rich trade mark and design portfolios and enforce their rights vigorously.

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Technology & Marketing Law Blog

MARCH 19, 2024

As usual nowadays, the plaintiffs relied heavily on product design theories to overcome the obvious Section 230 defense. Some judges recognize that product design theory just rearticulates claims based on third-party content, as it does here because any radicalizing content came from third-parties, not the social media services themselves.

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Social Media Designs Design Blogging 101

Technology & Marketing Law Blog

MARCH 6, 2024

Any surviving services may need to be structured as marketing agencies that push all of the legal risk to the users and third-party vendors. And although Plaintiff also alleged Defendants marketed, advertised, and sold merchandise bearing his copyrighted illustrations. Sunfrog LLC , 2024 WL 940238 (E.D.

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Copyright Trademark Law Publishing Copyright Infringement 101

Technology & Marketing Law Blog

FEBRUARY 7, 2024

The designation on Mr. Brown’s profile that he was “verified with” his phone number, taken in context, is not an expression of approval that he was trustworthy and did not increase the risk of harm to the Rolands… Letgo’s advertisements about its verification procedure did not create or increase a risk. 2024 WL 372218 (10th Cir.

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Advertising Advertising Designs Design 97

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.

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Artwork Trademark Publishing Marketing 98

Biswajit Sarkar Copyright Blog

NOVEMBER 1, 2023

The commencement of the Spring/Summer Fashion Week 2024 has seen luxury brands display their designs on the ramp again. Apart from designer clothes, this year also saw the debut of new signature colours of two beloved luxury brands-Burberry and Gucci. 017215237, 017215245, 017535832, 017535816 ).

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The TTABlog

APRIL 18, 2024

91244891 (April 11, 2024) [not precedential] (Opinion by Judge Thomas W. Turning to the second DuPont factor, the similarity of the goods, opposer argued that the involved goods are related because tobacco products and alcohol are "complementary" in that they are marketed together for "simultaneous consumption." Welch 2024.

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Technology & Marketing Law Blog

JANUARY 21, 2024

YouTube Uploaders Listed on Schedule A , 2024 WL 189013 (N.D. 17, 2024) * * * Bonus 1: The court issued a related ruling, Viral DRM LLC v. Onyshchuk , 2024 WL 189011 (N.D. This is a design patent SAD Scheme case. YouTube Schedule A Defendants appeared first on Technology & Marketing Law Blog.

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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.

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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! We have already received some fascinating entries and cannot wait to read more! Microsoft Technology Licensing LLC v.

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Invention Art Trademark Patent Application 59

IP.com

MARCH 12, 2024

According to a report by SuperData Research , the global gaming market was valued at $159.3 Market data from 2023 shows the estimated market size for the gaming industry at $242.39 It has since topped Twitch’s Top 10 games for January 2024 , the Most Downloaded third-party game, and the #2 highest concurrent player count ever.

Copyright Infringement 52

Copyright Infringement Copyright Intellectual Property Marketing 52

Technology & Marketing Law Blog

JULY 19, 2024

The complaint makes factually threadbare assertions that the defendants adopted similar tactics and design elements, which “suggests” (their word, not mine) that the defendants are somehow related to each other. The Partnerships and Unincorporated Associations Identified on Schedule A , 2024 WL 3443040 (N.D.

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Patently-O

FEBRUARY 12, 2024

TaylorMade Golf Company teed off a dispute over golf club design and filed a patent infringement lawsuit on January 31 st, 2024, in the Southern District of California against Costco and Southern California Design Company alleging infringement and false advertising relating to five of TaylorMade’s patents related to golf irons.

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False Advertising Invention Advertising Advertising 101

SpicyIP

APRIL 30, 2024

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. Subsequently, the patent application was rejected in September 2020.

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43(B)log

MARCH 21, 2024

LLC, 2024 WL 1160687, No. 18, 2024) Interesting defense-side use of surveys in this consumer protection case. On deceptiveness, Pabst argued that Peacock didn’t designate any expert witnesses or other evidence to show how consumers interpreted the label, while Pabst offered an expert opining on a consumer survey.

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Social Media Marketing Marketing Designs 57

The IPKat

OCTOBER 13, 2023

Diplomatic Conference to Conclude Design Law Treaty This week, WIPO announced that Saudi Arabia will host the diplomatic conference to finalise negotiations of a proposed Design Law Treaty (DLT). The diplomatic conference will take place in Riyadh on 11-22 November 2024.

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