43(B)log

AUGUST 10, 2021

6, 2021) (R&R) Shenzhen sought a declaratory judgment that a design patent for a toy gnome figurine was unenforceable and invalid, given that defendant/counter-plaintiff Tatiana Mironova allegedly purchased its stuffed gnome toys, then switched manufacturers and obtained a patent for an identical ornamental design without authorization.

Advertising 59

Advertising Advertising Designs Design 59

The IP Law Blog

JANUARY 18, 2024

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services.

Confidentiality 113

Confidentiality Invention Business Artistic Work 113

Garrigues Blog

JUNE 1, 2021

Autocontrol and Asociación Española de Anunciantes (Spanish Advertisers’ Association or AEA) agree on the ethical standards that should be applied to advertising by influencers from January 1, 2021. My product is better than yours’: is it lawful to use third party’s trademarks to advertise your own products or services?

Blogging 52

Blogging IP Advertising Advertising 52

LexBlog IP

JULY 5, 2022

The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. Design patents are great for new designs that are expected to be sold beyond a single year or season. ” [8].

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

LexBlog IP

APRIL 19, 2023

Patents A patent permits the owner to exclude others from making, using, offering to sell, selling, or importing the invention of the patent. There are two types of patents that Amazon sellers should be familiar with, utility patents and design patents.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

Above the Fold

JULY 5, 2022

The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. Design patents are great for new designs that are expected to be sold beyond a single year or season.

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

SpicyIP

FEBRUARY 13, 2023

Delhi High Court directs Registry to advertise KFC’s ‘Chicken Zinger’ trademark. Case: Kentucky Fried Chicken vs The Registrar Of Trade Marks on 7 February, 2023 (Delhi High Court) Delhi High Court set aside the impugned order and directed the Respondent to advertise KFC’s Chicken Zinger trademark. Check out the post for more details.

Designs 52

Designs Design Trademark Cease and Desist 52

43(B)log

FEBRUARY 24, 2024

A variant of separating the mark from the brand; not seeing it in all categories, and we may have a world in which some marks—maybe the 1%--are not divided from brands but the others are. Other examples: design patent, as Sarah Burstein has writte n. Maybe this is all really about lawyers and not brands.

Fair Use 45

Fair Use Branding Branding Brands 45

LexBlog IP

JANUARY 18, 2024

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. A patent protects an invention. As the U.S. Copyright Office.

Confidentiality 52

Confidentiality Invention Business Artistic Work 52

43(B)log

JANUARY 27, 2023

24, 2023) WS sued Wayfair, alleging patent infringement, Lanham Act false advertising, Massachusetts and California statutory unfair competition and Massachusetts false advertising based on alleged copying of West Elm products. Wayfair moved to dismiss the false advertising and unfair competition claims.

False Advertising 59

False Advertising Advertising Advertising Designs 59

Intepat

MAY 28, 2024

To comprehensively protect its store designs, Apple has also secured design patents for the glass panels of the building and the staircase design. Apple could argue transborder reputation, asserting that its brand’s recognition and reputation extend beyond national borders.

Trademark 52

Trademark Intellectual Property Branding Branding 52

SpicyIP

OCTOBER 27, 2023

Interface interference is a tactic that hinders consumers from performing actions like cancelling subscriptions or deleting accounts, such as redirecting them to another page while trying to cancel a pop-up advertisement. This violates copyright laws and may lead to legal actions for copyright infringement.

Intellectual Property 52

Intellectual Property Designs Design False Advertising 52

43(B)log

AUGUST 12, 2021

Several modern-day remedies were enacted to reduce the risk that IP owners would otherwise be able to recover only nominal damages—reasonable royalties for patents; statutory damages for © infringement; disgorgement of total profits for infringement of design patents. Social movements brought down brands that TM law couldn’t.

IP 90

IP Licensing Law Reporting 90

Intepat

OCTOBER 7, 2022

With the introduction of the Designs Act in the year 2000, the Government of India included the advanced provision of safeguarding works with non-functional features in the domain of creative work. Industrial design patents give the person exclusive rights for a new ornamental design of an essential functional item.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

Intepat

OCTOBER 7, 2022

With the introduction of the Designs Act in the year 2000, the Government of India included the advanced provision of safeguarding works with non-functional features in the domain of creative work. Industrial design patents give the person exclusive rights for a new ornamental design of a basic functional item.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

SpicyIP

DECEMBER 30, 2023

Eventually, Johnson and Johnson announced that it would no longer enforce their patents for Bedaquiline (brand name: Sirturo) which is used in the treatment of multidrug-resistant tuberculosis (MDR-TB) in 134 low- and middle-income countries. Controller of Patents & Designs Patent Office Mumbai.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

OCTOBER 28, 2024

May 20, 2024) Note: A jury found Kaijet liable for design patent and copyright infringement after this opinion, but rejected the TM claims, which I guess says something about a jury’s ability to distinguish claims. Whether there was evidence of actual confusion was a contested issue about interpreting consumer complaints.

False Advertising 59

False Advertising Advertising Advertising Designs 59

Intepat

APRIL 21, 2025

Trademarks: While copyright protects your creative works, trademarks protect your brand identity. The first electric guitar patented by George Beauchamp and Adolph Rickenbacker is a prime example. Design Patents: These protect the ornamental design of a functional item, like the unique shape of a guitar.

Intellectual Property 52

Intellectual Property Music IP Branding 52

43(B)log

JUNE 24, 2022

A membership group might not have brand value (Happy Valley PTA example) v signaling I can afford LV, which does depend on brand value). Typically D argues that I’m using the term in mere advertising copy/not in a TM space. It’s text and not design so we don’t call it ornamentality. O2 Holdings/comparative advertising.

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

43(B)log

FEBRUARY 3, 2024

Stiffel: invalidated patent on another midcentury modern lamp. Attributed to Jens Risom, 1950s: a daybed can’t get a design patent, would need to flip up and fry an egg. Herman Miller makes catalogs like coffee-table books, pushing the idea of the celebrity designer (even though they weren’t exclusive to Herman Miller).

Designs 59

Designs Design Law Design Patent 59