IP and Legal Filings

SEPTEMBER 12, 2024

Apple had accused Samsung of copying the features of the iPhone, like the rounded-rectangle shape, home button, and the grid icon layout. Its reputation across the globe and exposure of Indian consumers through advertisements in foreign magazines were taken note of by the court.

Brands 98

Brands Branding Branding Trademark 98

The TTABlog

MAY 25, 2023

Applying the Morton-Norwich factors, and giving some weight to applicant's design patents, the Board concluded that the USPTO failed to make a prima facie case of functionality. JBL pointed to its ownership of seven design patents for rocking chairs of the same or a very similar configuration.

Designs 40

Designs Design Design Patent Advertising 40

Above the Fold

JULY 5, 2022

In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] 6] If a designer is able to successfully improve infringement they may recover not only their own lost profits but also any profits accrued by the infringer from the infringed work. [7].

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

SpicyIP

NOVEMBER 15, 2022

The High Court also noted that merely because the impugned mark’s advertisement occurred in Delhi, the courts of Delhi will not become eligible to adjudicate on the dispute. The Defendant was served with a copy of summons and it did appear in one of the hearings, but later stopped, thus causing the matter to proceed ex-parte.

Trademark 105

Trademark Patent Copyright Design 105

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

SpicyIP

FEBRUARY 13, 2023

The court clarified that for this defence, enshrined u/s 19 and 22(3), to work, “ the lack of novelty or originality has to be seen as on the date when the design was registered. Delhi High Court directs Registry to advertise KFC’s ‘Chicken Zinger’ trademark. KTTADI and KHADI are prima facie similar, rules Delhi High Court.

Design 52

Design Designs Trademark Cease and Desist 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

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

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. Repatriation of any copies for violation.

IP 90

IP Licensing Law Reporting 90

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. YouTube also earns from advertisers by inserting video ads and allowing longer ads.

Intellectual Property 52

Intellectual Property Design Designs False Advertising 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. HULM Entertainment v.

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. They were directly competing. Because substantial similarity is qualitative, this was for the jury.

False Advertising 59

False Advertising Advertising Advertising Design 59

Intepat

APRIL 21, 2025

Copyright protects your original musical works, including: Musical Compositions Lyrics Sound Recordings Performances Copyright grants you exclusive rights to: Reproduce your work (make copies). Distribute copies of your work to the public. Patents grant you exclusive rights to make, use, and sell your invention for a limited period.

Intellectual Property 52

Intellectual Property Music IP Branding 52

43(B)log

JUNE 24, 2022

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. Wal-Mart is, in part, an expression of the belief that consumers are not particularly malleable when it comes to product design.] 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