Remove Art Remove Ownership Remove Public Use
article thumbnail

[Guest post] Turin Court of Appeal upholds protection of Juventus FC’s unregistered colour combination trade mark for ‘Be the stripes’ jersey

The IPKat

The defendant appealed the decision claiming, amongst others, the inexistence of the unregistered trade mark related to the jersey (whose ownership, in any case, would be Adidass and not Juventuss, as the former designed the shirt) and its infringement, as well as the lack of any unfair competition.

article thumbnail

The IPKat EPO Boards of Appeal Year in Review 2023

The IPKat

The topic of prior use has been elevated to the status of a referral to the Enlarged Board of Appeal ( G1/23 ). The free evaluation of evidence of prior use (T 0042/19) New EBA referral: When is prior use of a product excluded from the prior art for lack of enablement? This is one to watch for 2024.

Invention 112
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

“What’s Mine Is Not Yours To Give Me”—Nor To Take Without Just Compensation: A New Jersey’s Reaction To Sovereign Immunity, Intellectual Property, & Takings

LexBlog IP

26 , rejected the claim that taking away, or ignoring, the ability-to-control indicia of ownership amounts to a taking: Similarly, property rights, including copyright, have been described as ownership of a bundle of rights or interests. Indeed, the intermediate Texas appellate court, at Jim Olive Photography, 580 SW3d at 376, fn.

article thumbnail

Intellectual Property Tools for Protecting Fashion Goods

Above the Fold

Fashion companies should be aware that they may need to obtain a license to, or ownership of, the copyright from the photographer. A novel design is entitled to a patent unless it is has been (1) described in a printed publication; (2) in public use; or (3) on sale more than one year prior to the date of the application of the patent. [9].

article thumbnail

Biosimilars 2020 Year in Review

Fish & Richardson Trademark & Copyright Thoughts

The parties are currently engaged in supplemental expert discovery on Hospira and Pfizer’s on-sale bar and public use defenses, and the court has resolved two discovery disputes this year stemming from these issues. 9,643,997, which is directed to protein purification. A jury trial is scheduled for May 17, 2021. Sandoz , 964 F.3d

article thumbnail

The Good Get: Interviews, The Predicates Of Copyright Ownership, & Divorcing Subjects From Owning Copyright Content

LexBlog IP

That then plays off the rest of the title’s allusions to separating “subjects” from the “predicates” of copyright ownership, themselves words connoting the foundational elements of both “ any complete sentence ” and at times a court’s jurisdiction over infringement matters. ” US Const.,