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. Fact of the case On February 8, 2023, Kurt Geiger Limited (the Applicant) applied for the registration of 3D trade mark no. Picture of the cat Deep AI

Registration 60

Registration Designs Design Intellectual Property 60

The TTABlog

APRIL 18, 2024

91244891 (April 11, 2024) [not precedential] (Opinion by Judge Thomas W. Oddly, Opposer pleaded 35 registrations, 27 of which have been cancelled. The Board focused on one of the pleaded, live registrations, as noted above. Welch 2024. How do you think this came out? Nemiroff Intellectual Property Establishment v.

Registration 43

Registration Advertising Advertising Marketing 43

The TTABlog

APRIL 2, 2024

The Board dismissed this opposition to registration of a mark comprising the product configuration of boxes for storing board game components or dice, rejecting Opposer Chris Taylor's claims of de jure functionality and lack of acquired distinctiveness. 91255161 (March 29, 2024) [not precedential] (Opinion by Judge Elizabeth A.

Designs 56

Designs Design Social Media Registration 56

The IPKat

OCTOBER 13, 2023

The event is free , but registration is required. More details and registration here. 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).

Intellectual Property 64

Intellectual Property Designs Design Inventor 64

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 ).

Trademark 92

Trademark Branding Brands Branding 92

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

Invention 59

Invention Art Trademark Patent Application 59

IP and Legal Filings

MARCH 19, 2024

ABSTTRACT The constraints placed on trademark registration, particularly concerning common English words by recent judicial review by Justice C. encourages creativity ; to stand out in the market , businesses will be creative in developing unique brand names and identities which is forced by limitation on the common words.

Branding 52

Branding Brands Branding Intellectual Property 52

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

TorrentFreak

JUNE 14, 2024

As the owner of Denuvo, perhaps the most hated anti-piracy tech currently on the market, it probably didn’t come as a surprise. “Irdeto.com and it’s related assets (such as text, website design, and images) is our copyrighted corporate website. Registered on January, 28, 2024, Irdeto.fr

Copyright 89

Copyright Privacy Reporting Copying 89

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. Last date to Register: 29th February 2024 Case Summaries Premier Spg And Wvg Mills Pvt. But what about the public interest? Read Tejaswini’s post to know more.

Music 59

Music Intellectual Property Copyright IP 59

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

The IPKat

JANUARY 19, 2024

Its purpose is to assist producers in preserving the heritage of locally sourced craft and industrial products, allowing them to compete in specific niche markets while maintaining their local knowledge and culture. Each Member State shall designate a competent authority for the national phase of the procedure ( Art.

Art 67

Art Registration Law Designs 67

The IPKat

MAY 15, 2024

By decision of 8 May 2024 (T-320/23, only available in Spanish), the General Court (GC) confirmed that the sign "NOT MILK" is descriptive of the products in classes 29 and 32, and that the graphical elements do not significantly alter its descriptive nature. The Applicant appealed. We may recall word EU trade mark no.

Registration 56

Registration Intellectual Property Trademark Branding 56

LexBlog IP

JANUARY 31, 2024

This is because protection of trademarks, which are words, phrases, symbols, and designs that identify the source of goods or services, is separate from protection of copyrights and does not necessarily expire so long as the work is continuously and regularly used as a trademark.

Public Domain 52

Public Domain Trademark Copyright False Advertising 52

The IPKat

SEPTEMBER 24, 2023

by Antonios Baris and Spyridon Sipetas This September’s Fashion Week introduced us to the Spring/Summer 2024 collections of all major fashion houses and brought along with it the emergence of their new signature colours. Eagerly waiting to shop Gucci ss 2024 collection. 017215237 , 017215245 , 017535832 , 017535816 ).

Branding 75

Branding Brands Branding Designs 75

The IPKat

JANUARY 15, 2024

By decision dated 11 January 2024 (available only in the original version in Italian ) the EUIPO’s Opposition Division rejected the opposition since the mere association with an animal species is not sufficient to evoke conceptual similarity. 2017000128845 and the International trade mark registration no.

Art 67

Art Registration Designs Design 67

The IPKat

MAY 9, 2024

018840401 for the padlock and for the pendants under EUTM registration no. The EUIPO therefore concluded that the sign in question is just one more variant of the many existing on the market that adopt simple decorative elements, alone or in combination with each other.

Marketing 60

Marketing Marketing Intellectual Property Designs 60

Garrigues Blog

OCTOBER 11, 2022

This is why a GI usually includes the designation of the place of origin. The new regulation that Brussels wants to have in place in 2024, will replace existing national geographical indications schemes. How will the registration process work in practice? What are the benefits of GI protection for producers and consumers? .

Registration 52

Registration Marketing Marketing Designs 52

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 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

The IPKat

JANUARY 20, 2024

The IPKat has received and is pleased to host the following guest contribution by Victoria Thüsing (Stockholm University) on a recent decision of the EUIPO Fifth Board of Appeal concerning an application to register, as a shape mark, the design of a tent. 18 821 025 (only available in the original German version ).

Designs 60

Designs Design Art Registration 60

LexBlog IP

JULY 5, 2023

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. The Tenth Circuit affirmed the injunction but narrowed it to the countries in which Hetronic marketed and sold products. Read the opinion here.

Trademark 52

Trademark Marketing Marketing Contracts 52

Kluwer Copyright Blog

OCTOBER 30, 2023

These are currently expected to be heard by September / October of 2024. Trade mark infringement Lidl relied on various registrations for each of: the Mark with Text, and the Wordless Mark. Subsequent registrations of the Wordless Mark were also found to be invalid for bad faith. The judgment focused on the Mark with Text.

Copyright 58

Copyright Copying Branding Brands 58

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. In the Spring of 2023, the Office also held webinars on registration guidance and international perspectives.

Copyright Law 58

Copyright Law Copyright Law Music 58

IP and Legal Filings

MAY 8, 2024

Enterprises A proprietary concern at 155, Gurunanak Timber Market, Dhar Road, Indore (Madhya Pradesh) Brief Facts Plaintiffs are in business of manufacturing and distribution of wines, liquors and spirits. The plaintiffs have obtained registration in respect of their trademark in Class-33. Pardiwala and Hon’ble Justice Manoj Misra.

Trademark 52

Trademark Intellectual Property Branding Brands 52

43(B)log

FEBRUARY 21, 2024

2024 WL 665181, No. 16, 2024) WCT offers a mobile-fitness app called “Bike+” and owns a trademark registration for that name. WCT’s app was first released in 2014 for the iPhone and Pebble watch as a metric-tracking cycling app that was designed to “track speed, distance, altitude, and grade.” World Champ Tech LLC v.

Marketing 57

Marketing Marketing Trademark Branding 57

SpicyIP

NOVEMBER 26, 2023

Though the defendant’s mark was also registered, the court reiterated that the prior use of the mark has to be protected and the registration will not have any bearing. The respondent had rejected the application holding that the mark is devoid of distinctive character and is ineligible for registration under Section 9(1)(a) or 9(1)(b).

Trademark 59

Trademark Registration Invention Social Media 59

IIPRD

NOVEMBER 14, 2023

Musical Arts, designs, pictures, software, material, and many other sorts of Intellectual Property can be transferred using an e-commerce platform in the digital age. 1] Presently, multiple e-commerce platforms have emerged in the market which was predominantly ruled by Amazon and Flipkart. 26, 2023, 11:00 AM), [link].

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

LexBlog IP

NOVEMBER 28, 2023

This will not just be an issue for EU-headquartered companies to grapple with: both the proposed Data Act and the AI Act will apply to any business selling into the EU market, wherever established. medical devices) or used in university admissions or grading, would be designated as high risk and subject to robust regulation.

Intellectual Property 52

Intellectual Property Marketing Marketing Technology 52

The TTABlog

APRIL 17, 2024

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." That same principle applies to trademark registration. Welch 2024. The district court had also found the configuration to be de jure functional. TBL Licensing v.

Designs 60

Designs Design Advertising Advertising 60

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

The TTABlog

MAY 16, 2024

Rarely does the Board find that a product configuration clears the hurdles of functionality and acquired distinctiveness to reach the registrability finish line. 90688260 (May 13, 2024) [not precedential] (Opinion by Judge Mark A. Applicant’s evidence is limited to the off road and motocross market segment, but the Application is not.

Designs 52

Designs Design Registration Marketing 52

The IPKat

MARCH 17, 2024

The judgment of Justice Beach in Societe Civile et Agricole du Vieux Chateau Certan v Kreglinger (Australia) Pty Ltd [2024] FCA 248 found that there was no damage, and therefore passing off was not established. VCC also failed to have the NEW CERTAN trade mark registration cancelled.

Designs 105

Designs Design Marketing Marketing 105

The IPKat

JULY 12, 2024

The ‘brat’ phenomenon: Exploring cultural influence and IP dynamics by Spyridon Sipetas Summer 2024 has officially been proclaimed as ‘brat summer’. Charli’s 6th studio album ‘Brat’, released on June 7th 2024, was promoted following a simple - yet, apparently, effective - approach: heavy use of a ‘radioactive’ shade of green, f.k.a.

Social Media 67

Social Media IP Branding Brands 67

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