IP Tech Blog

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

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Design Patent Designs Design Patent 57

LexBlog IP

AUGUST 23, 2023

In the cases at issue, the Seminole Tribe of Florida (“Seminole Tribe”) sought trademark registration for a guitar-shaped building for hotel and casino services. 1 Is a Building “Product Packaging” or “Product Design” Trade Dress? See Figure 1. See Figure 2.

Designs 52

Designs Design Advertising Advertising 52

LexBlog IP

JANUARY 31, 2024

We presented a webinar last week entitled How to Win Your Next Trademark Battle: Lessons Learned in 2023 to give brand owners and their lawyers an overview of key takeaways from last year’s trademark cases. If you missed our live presentation, you can view a recording here. In Abitron Austria GmbH et al v.

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Trademark Registration Branding Brands 52

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. .”

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Public Domain Trademark Copyright False Advertising 52

The TTABlog

JANUARY 6, 2022

[Section 2(d) refusal of the word-plus-design mark shown below for, inter alia , "non-metal tiles for countertops, walls, sinks, and floors in bathrooms and kitchens," in view of the registered mark BELLAVITA TILE registered for “Non-metal tiles for walls and floors; ceramic tiles; porcelain tiles; glass tiles.” Kuczma)[not precedential].

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Social Media Advertising Advertising Music 60

LexBlog IP

FEBRUARY 26, 2024

Copycats: unregistered designs, unfair competition and copyright Better register first than be sorry later. In general it is a good idea to register fashion products which have a reasonable expectation of commercial success as designs or, where possible, as shape-trademarks before they appear on the catwalk.

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IP Designs Design Copying 52

Intepat

MAY 28, 2024

This success is largely attributed to Apple’s effective trademarking of various designs and sounds related to its products and services. Notably, Apple trademarked its store design in the United States in 2011. Prior Registration and Use: Apple Inc. Cracking the Code: What Sets Apple’s Trademark Apart?

Trademark 52

Trademark Intellectual Property Branding Brands 52

Intellectual Property Law Blog

MAY 2, 2023

is to “offer a resource to the organizations designing, developing, deploying, or using AI systems to help manage the many risks of AI and promote trustworthy and responsible development and use of AI systems.” For pending applications and registrations that have already issued, the applicant must update them to meet the duty of disclosure.

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Government Business Licensing Copyright 237

43(B)log

JANUARY 18, 2022

WRB has an incontestable registration for “Hammer-Schlagen” and a registration for the trade dress of its stump, cross-peen hammer, and nails: specifically, “a three-dimensional configuration. DAMM has a registration for “Minneschlagen.” WRB’s word mark registration states that “the English translation of ‘hammer-schlagen’.

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Registration Ownership Social Media Marketing 45

SpicyIP

OCTOBER 27, 2023

Though the deadline for sharing these comments passed on October 5 and the government is presently working on finalizing the Rules, we received a guest post underlining the need to regulate the menace caused by dark patterns and its interaction with intellectual property rights.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

The TTABlog

SEPTEMBER 24, 2021

Applicant Weber State successfully relied on third-party use and registration evidence in arguing that ASCENT is a weak source indicator in the field of banking and financial services. The Services: Because the services recited in the registration are ambiguous (leasing?) In re Weber State Federal Credit Union , Serial No.

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Registration Advertising Advertising Designs 40

IP and Legal Filings

MARCH 5, 2024

Trademark infringement has grown more complex and pervasive, ranging from counterfeit goods to digital squatting and keyword advertising. The registration and management of trademarks was another essential component. If employing trademarked phrases in keyword advertising confuses customers, there may be legal implications.

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Trademark Social Media Advertising Advertising 89

IP and Legal Filings

JANUARY 31, 2023

It provides an unmatched degree of design and layout possibilities. Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. The players can collect up to 30 NFTs in the game, 10 of which are designed by the artist Beeple [i].

Law 87

Law Branding Brands Branding 87

The IPKat

AUGUST 1, 2024

This “trendy” work explores the legal dimensions of hashtags as trademarks in the EU, Germany, and the USA, focusing on their use, registration, protection, control mechanisms, and scope. For our review click here. Developments and Directions in Intellectual Property. You can read our review here.

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IP Intellectual Property Editing Social Media 67

SpicyIP

MARCH 13, 2023

Controller of Patents and Designs: Revisting the CRI Guidelines and Ferid Allani Patentability of Computer Related Inventions (CRI) in India has popped up again! Upon ensuring that the responses to both questions are negative, the court set aside the impugned order and directed to advertise the subject mark. Microsoft v.

Intellectual Property Law 104

Intellectual Property Law Intellectual Property Trademark IP 104

IP and Legal Filings

JULY 17, 2023

Introduction ABU DHABI GLOBAL MARKET lodged an appeal against the rejection of its trademark registration application contending that the rejection by the Trade Marks Registry was unfounded both in fact and in law, while the respondent centered their objections around the use of a geographical name and the lack of distinctiveness.

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Marketing Marketing Trademark Invention 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. ” Nevertheless, the successor licensee sent DMCA takedown notices to Amazon targeting the registrant’s stripped-down sticker. .” per sticker set.

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Registration Fair Use Copyright Designs 113

LexBlog IP

DECEMBER 7, 2022

Well, that definition worries us more than a little bit because, as we’ve repeatedly said, isn’t advertising in part intended to manipulate, even if in the nicest possible, non-misleading way? Are consumers being presented with two choices that are both prominent but one is more prominent?

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Web Design Marketing Marketing Registration 52

43(B)log

SEPTEMBER 5, 2023

11, 2023) The parties compete in the design of buckling-restrained braces, which are structural devices that help buildings withstand seismic activity. The Design Manual also included several technical drawings of BRBs, which allegedly infringed plaintiff Core-Brace’s registered drawings. SME Steel Contractors, Inc.

False Advertising 59

False Advertising Law Advertising Advertising 59

LexBlog IP

JANUARY 4, 2023

Mystery Ranch, Ltd. (“Mystery Ranch” or “Opposer”) opposed registration of the DANA DESIGN mark based on an alleged false suggestion of a connection with Mystery Ranch and Dana Gleason, Mystery Ranch’s co-owner, under Section 2(a) of the Trademark Act, 15 U.S.C. § In 1992, Dana Design Ltd.

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Registration Designs Design Trademark 52

The TTABlog

OCTOBER 10, 2023

In an exhaustive and exhausting decision, the Board sustained an opposition to registration of the mark HME in the stylized from shown below, for various types of pipes and other building products, finding confusion likely with opposer's mark KME for overlapping goods.

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The TTABlog

JANUARY 24, 2022

In a 51-page opinion, the Board affirmed a refusal to register the product configuration shown below, for "handbags," finding the design to be generic and, alternatively, lacking in acquired distinctiveness: "Handbags embodying the proposed mark are so common in the industry that such product design is not capable of indicating source and.

Designs 52

Designs Design Registration Music 52

SpicyIP

NOVEMBER 7, 2022

However, the patent on Apaxiban expired in September 2022 and via the present order, the court ruled that “ there can be no injunction on the manufactured stock lying with the Defendants, from being sold as on date. ”. The court relied on its previous orders which dealt with identical facts and had ordered for advertisement therein.

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Patent Prosecution Invention IP Journalism 103

SpicyIP

MAY 10, 2023

Recently, the Delhi High Court IPD released its Annual Report 2022-23 on the World IP Day 2023 (April 26, 2023) highlighting the experiences of the present and past judges of the IPD and the work done so far by the IPD. Deputy Controller of Patents and Designs , Auckland Uniservices Limited v. Rosemount Inc. Satheesh Madhav and Anr.

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Trademark Invention Patent Art 108

IP and Legal Filings

JULY 5, 2023

Introduction Trademarks are recognised phrases, words, or symbols that designate a certain item and lawfully distinguish it from all other items of the same type. Examples of service categorization classes include: Advertisement, business administration, business management, and office functions are all part of Class 35.

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Trademark Registration Branding Brands 59

The IPKat

JUNE 6, 2022

CIVC also argued that GB is taking unfair advantage of the reputation of the PDO “Champagne”, and asked the court to order GB to cease use of all logos and advertisement documents with “Champanillo” sign, to cancel the registration for the domain name “champanillo.es” and close all social media accounts with this name.

Social Media 126

Social Media Advertising Advertising Designs 126

SpicyIP

JUNE 12, 2023

Calcutta High Court clarifies that a civil court does not have jurisdiction to determine the validity of registration granted under the Plant Varieties Act. an interim relief against Dabur’s Amla oil print advertisement. The plaintiff filed the present application seeking for the revival of the interim order. Merck sues U.S.

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Copyright Advertising Advertising Trademark 83

43(B)log

FEBRUARY 16, 2024

In Two Pesos, the Supreme Court tells us that “the general principles qualifying a mark for registration under § 2 of the Lanham Act are for the most part applicable in determining whether an unregistered mark is entitled to protection under § 43(a).” Tam and Brunetti, striking down various bars on registration. Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

The IPKat

DECEMBER 14, 2023

A presentation of the report was made by Hon. In Nigeria, Airtel Nigeria Limited neglected to renew their contract with actor and filmmaker Adewole Ojo to use his photographs for advertisements. The defendant has used the plaintiff’s song in an advertisement without the plaintiff's consent.

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Copyright IP Social Media Copyright Infringement 91

SpicyIP

MARCH 11, 2024

Calm Water Therapeutics Llc vs The Assistant Controller Of Patents And Designs on 28 February, 2024 (Delhi High Court) The appeal challenged the rejection of a patent application for a “Bi-Functional Co-Polymer” by the Assistant Controller of Patents. Third, the evidence of the plaintiff’s use of the mark from 1989 are fabricated.

Trademark 59

Trademark Registration Copyright Patent 59

IIPRD

MARCH 4, 2024

This right can be related to music, a book, a logo, any art work, work related to science, designs of the industries. For example, noodles people prefer Maggie over other companies noodles because of the uniqueness in the packaging, taste and also the advertisement which creates an impact on customers to buy the product.

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

Garrigues Blog

OCTOBER 11, 2022

This is why a GI usually includes the designation of the place of origin. As a result, the Commission has presented a Proposal for a regulation on GIs for craft and industrial products. How will the registration process work in practice? have at least one production step taking place in the defined geographical area.

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Registration Marketing Marketing Designs 52

TorrentFreak

OCTOBER 1, 2022

Internet service providers, websites, search engines, hosting providers, domain companies, social media services, and advertising companies are all considered part of the problem. The presentation has some ideas but before we come to them, it might be worth looking at the slide again. Control The Phone Book, Control Communications.

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Music Due Diligence Copyright Social Media 123

LexBlog IP

FEBRUARY 26, 2023

“ ChatGPT replied: The use of trademarks can be traced back to ancient times, when craftsmen and traders marked their goods with unique symbols or designs to identify their origin or quality. The first trademark registration system was established in the United Kingdom in 1875 with the Trade Marks Registration Act.

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Trademark Designs Design Journalism 52

The IPKat

MAY 19, 2023

The decision, which concerned Maison Margiela’s Magic Numbers , confirms that a pattern – whether numerical or something else – must be capable of indicating the commercial origin of the goods and/or services in question in order to be eligible for trade mark registration.

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Advertising Advertising Registration Designs 96

43(B)log

MARCH 10, 2023

The highway protocol allegedly suffered from performance issues and never met the design requirements that Zamfir had previously advertised when working with CasperLabs on the product, thus allegedly harming his reputation. The court previously dismissed the claim for failure to sufficiently plead commercial injury.

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Registering Trademarks Trademark Registration Ownership 45

43(B)log

FEBRUARY 3, 2024

Mary Katherine Amerine, Reasonably Careless Consumers in TM & False Advertising How do courts treat consumers in TM and false advertising cases? False advertising uses v different framework: consider the challenged ad as a whole, including disclaimers and qualifying language. Beer Nuts, Bulls’ Eye v. Dougies for diapers.

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False Advertising Contracts Branding Brands 49