Nelligan Law

JANUARY 27, 2025

Nike, the footwear powerhouse, has stepped up as the self-appointed referee, claiming Ciambrones custom designs are playing too close to their trademarked goalposts. Nikes lawsuit alleges that the Shoe Surgeons custom designs infringe on their trademark rights. The question of consumer confusion takes center stage in this case.

Blogging 52

Blogging Intellectual Property Design Designs 52

Technology & Marketing Law Blog

SEPTEMBER 13, 2022

My caption: “CAPTCHA vendors are training their age assurance algorithms for CA’s Age Appropriate Design Code (AB 2273)” * * *. Prior coverage: An Interview Regarding AB 2273/the California Age-Appropriate Design Code (AADC). Comments on CA AB 2273, The Age-Appropriate Design Code Act).

Design 126

Design Designs Privacy Blogging 126

Dragons' Den

FEBRUARY 6, 2025

In addition to trade marks, you can also protect the visual appearance of your product, or packaging, with a registered design. Design registration lasts for 5 years before you need to renew it (up to a maximum of 25 years) and starts from as little as 50.00. If you enjoyed todays episode, why not subscribe to our Dragons Den IPO blog?

Blogging 52

Blogging IP Business Branding 52

Likelihood of Confusion

DECEMBER 21, 2024

Republished by Blog Post PromoterWe reported on Lego’s overreaching years ago here and here. They tried to use trademark rights as a way to protect the design of their toy and avoid competition. Originally posted 2014-02-26 09:43:40. But that is not what trademarks are, much less what they are for.

Blogging 97

Blogging Trademark Reporting Designs 97

Dragons' Den

JANUARY 16, 2025

The boys were looking for 90,000 in return for a 5% stake in Doughboys Group Limited, a frozen pizza brand disrupting the market with its tasty Italian sourdough pizzas, designed to add some flavour to the wholesale market. You can read more about it in our blog. Their logo and colours really capture the artisan and Italian feel.

Blogging 52

Blogging IP Business Branding 52

Dragons' Den

FEBRUARY 27, 2025

Anthony explained that their soap bars feature specific design elements that serve crucial functional purposes, namely, a precisely engineered hole that allows the bar to rotate around a pin and carefully designed surface etchings that enhance the bar's performance within the dispenser.

Blogging 52

Blogging IP Intellectual Property Licensing 52

Intellectual Property Law Blog

JANUARY 11, 2023

Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. Under the SCPA, a mask work is a series of related images that forms a design or part of a design used to produce an integrated circuit. Understanding Mask Work. In particular, Section 1213.2

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Registration Design Designs Copying 189

Technology & Marketing Law Blog

FEBRUARY 28, 2023

I’ve repeatedly expressed my opposition to the California Age-Appropriate Design Code (AADC), and now I’ve put my opposition into more formal terms for a judge. With the pro bono assistance of Jenner & Block, I filed an amicus brief in support of NetChoice’s motion to a preliminary injunction against the AADC.

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Design Designs Privacy Blogging 128

Hugh Stephens Blog

JUNE 2, 2024

Image: Shutterstock (AI Assisted) In my last blog post, I discussed the annual Special 301 Report issued by the Office of the US Trade Representative (USTR).

Design 100

Design Designs Intellectual Property Reporting 100

Intellectual Property Law Blog

JANUARY 11, 2023

It is always recommended for a mask work applicant to identify the “novel points” in the design during the registration step (e.g., This knowledge may be used to create an original chip having a different design layout , but which performs the same or equivalent function as the existing chip, without penalty or prohibition.

Design 189

Design Designs Copying Copyright Law 189

Technology & Marketing Law Blog

MAY 8, 2024

Try as he might to make his claims about the way Instagram is designed, his claims are inherently grounded in third-party content posted to the app. Implications I look at the “product design” workaround to Section 230 as a type of Rorschach test. Meta appeared first on Technology & Marketing Law Blog.

Design 105

Design Designs Social Media Publishing 105

Technology & Marketing Law Blog

OCTOBER 6, 2022

Alexander claimed that Take-Two Interactive infringed the tattoo designs she inked on her client, professional wrestler Randy Orton, when the company produced and distributed a video game featuring a realistic in-game depiction of Orton. Eric’s Prior Tattoo Copyright Blog Posts. An appeal in Alexander v. Take-Two is likely.

Blogging 144

Blogging Fair Use Copyright Infringement Licensing 144

Dragons' Den

JANUARY 18, 2024

It is wise for Liam to think about protecting his IP such as his trade mark w hen trading abroad. Registering your trade mark, design or patent in the UK doesn’t automatically give you protection overseas. If you scored our Dragons' Den IP Blog highly, make sure to subscribe and look out for next week's edition!

Blogging 141

Blogging IP Licensing Business 141

Nelligan Law

JANUARY 9, 2025

The post Walmarts $80 Birkin Bag: Discount Luxury or Designer Comedy Gold? Because no matter how tempting it is to find luxury in the clearance aisle, some legendslike the Birkinare better left untarnished. appeared first on Nelligan Law.

Design 52

Design Designs Branding Brands 52

Traverse Legal Blog

NOVEMBER 25, 2024

Even in situations where a business owner contracts a third-party web designer to build their website, both the business and the web designer can be held liable for copyrights violated if they are used on your website. If the use of a copyrighted photo is related to commercial purposes, it is almost certain you have infringed.

Copyright Infringement 98

Copyright Infringement Copyright Web Design Fair Use 98

Technology & Marketing Law Blog

MARCH 14, 2022

By contrast, the Government proposes to read the first phrase “without authorization” as a gates-up-or-down inquiry and the second phrase “exceeds authorized access” as dependent on the circumstances—a reading inconsistent with subsection (a)(2)’s design and structure. Such an unhelpful metaphor.].

Blogging 142

Blogging Technology Government Designs 142

SpicyIP

MARCH 26, 2025

Section 3(k) has been subject to great debate and discussion in the blog. Some of the cases that find mention in the draft have been subject to detailed discussion in the blog, which include Ferid Allani vs Union of India , Microsoft Technology Licensing, Llc vs The Assistant Controller Of Patents And Designs , OpenTv Inc.

Invention 58

Invention Blogging Designs Design 58

Olartemoure Blog

JANUARY 9, 2024

The Digital Markets Act (DMA), the groundbreaking EU law addressing antitrust, unfair competition, and consumer protection, has now designated major tech companies as gatekeepers. La entrada Infographic | The designated gatekeepers se publicó primero en OlarteMoure | Intellectual Property.

Design 105

Design Designs Advertising Advertising 105

IP and Legal Filings

DECEMBER 3, 2024

This blog will examine the features, benefits, effective functioning, and strategies on how best to use the Madrid Protocol to protect the brand globally. Country Designations- Desires may be expressed by applicants as named member countries for which they seek trademark protection as ‘designated countries.’

Registration 97

Registration Trademark Intellectual Property Branding 97

Plagiarism Today

AUGUST 10, 2022

The reason for this is simple, the systems for organizing, registering and enforcing copyrights were, by in large, designed for large copyright holders. Though the process sounds long and arduous, the forms RightsClick uses are well-designed and use easy-to-understand language. However, one company is hoping to change that.

Copyright 348

Copyright Cease and Desist Registration Designs 348

Technology & Marketing Law Blog

MAY 17, 2024

Contracts designed solely to control the flow of information are distinguished from those protecting other values, such as privacy. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post) appeared first on Technology & Marketing Law Blog. The post X Corp.

Blogging 130

Blogging Contracts Fair Use Copyright Law 130

Technology & Marketing Law Blog

DECEMBER 11, 2023

What the second Circuit did say was that, like in the Jack Daniel’s case, the Wavy Baby used plaintiff’s trademarks and trade dress throughout the design of its product. The post Hot Take on the Wavy Baby Decision (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging 130

Blogging Trademark Branding Brands 130

Technology & Marketing Law Blog

MARCH 28, 2023

— The thing that binds these two cases together is that both seem designed to build off the 9th Circuit’s reasoning in the hiQ Labs, Inc. Guest Blog Post) appeared first on Technology & Marketing Law Blog. All these claims were dismissed without prejudice, with leave to amend. If there is a next round. LinkedIn Corp.

Blogging 126

Blogging Cease and Desist Contracts Marketing 126

IP and Legal Filings

JANUARY 27, 2025

This blog seeks to examine the relationship between AI and IPR and identify critical areas of discussion, conflict, and appropriate strategy within the expanding rubric. For instance, if an AI produces art or designs most similar to other copyrighted art or designs, Equivalence by an AI leads to infringement.

Intellectual Property 101

Intellectual Property Designs Design Licensing 101

Technology & Marketing Law Blog

FEBRUARY 15, 2024

Marketa Trimble [Eric’s introductory note: I briefly addressed the DSA in this blog post , along with the attached meme. The designations depend on the number of average monthly active recipients of the intermediary service in the EU; the threshold is set at 45 million, which is currently 10% of the population of the EU.

Blogging 105

Blogging Due Diligence Designs Design 105

Technology & Marketing Law Blog

APRIL 3, 2023

VIP Products sells a toy that imitates the trademarks of Jack Daniel’s Properties using a design similar to the company’s whisky label and bottle shape, but with the name “Bad Spaniels”, a spaniel’s face, and poop jokes. Jack Daniel’s contends this design infringes its trademarks and tarnishes its brand. –Jack Daniel’s v.

Blogging 116

Blogging Trademark Fair Use Trademark Law 116

Technology & Marketing Law Blog

JUNE 17, 2023

— I’ve only touched on a fraction of the issues in this case, and this blog is already well over 2,000 words. GitHub (Guest Blog Post) appeared first on Technology & Marketing Law Blog. On May 11th, the court ruled on the Defendants’ Motion to Dismiss , granting in part and denying in part. –Doe 1 v.

Blogging 132

Blogging Licensing Privacy Copyright Notice 132

Patent Trademark Blog

MARCH 18, 2025

Do you need a utility patent or design patent? Utiliy patents protect functional features whereas design patents protect ornamental features. What are the wrong design patents for Amazon sellers? Design patents are great if used properly. Design patents are great if used properly.

Design Patent 52

Design Patent Patent Design Designs 52

Intellectual Property Law Blog

JANUARY 11, 2023

Understanding Mask Work Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. Under the SCPA, a mask work is a series of related images that forms a design or part of a design used to produce an integrated circuit. In particular, Section 1213.2

Registration 130

Registration Design Designs Copying 130

Nelligan Law

APRIL 1, 2025

While the official text of the regulations has yet to be published at the time of this blog posting, the Federal Government has announced the changes in a recent news bulletin. If this sounds familiar, it’s because a similar rule was introduced temporarily during the pandemic, and we covered that at the time in this blog post.

Blogging 64

Blogging Government Publishing Reporting 64

Technology & Marketing Law Blog

OCTOBER 16, 2023

[Sorry it’s take me this long to get this blog post off my desk. We’ve seen a flood of terrible Internet laws in the past few years, including the California Age-Appropriate Design Code (AADC). Bonta appeared first on Technology & Marketing Law Blog. I hope it was worth the wait.] She evangelized Rep.

Design 109

Design Designs Privacy Business 109

The IPKat

OCTOBER 19, 2024

IPKat Team GuestKat Nedim Malovic is taking a break from blogging. We thank him for all his contributions to the blog over the years and we look forward to welcoming him back in due course. Events As always, please do not forget to check our Events page , which is continuously updated. For further information, click here.

Music 64

Music IP Art Blogging 64

Intellectual Property Law Blog

JANUARY 11, 2023

1992) Takeaway It is always recommended for a mask work applicant to identify the “novel points” in the design during the registration step (e.g., This knowledge may be used to create an original chip having a different design layout , but which performs the same or equivalent function as the existing chip, without penalty or prohibition.

Design 130

Design Designs Copying Copyright Law 130

Technology & Marketing Law Blog

NOVEMBER 16, 2024

An obvious question: why did the plaintiff choose federal court over the CCB when the CCB was designed precisely for the facts of this case? Whatever the reason, this case’s adjudication in federal court and very low damages award is partially an indictment of the CCB’s failure to occupy the niche it was designed to address.

Copyright 102

Copyright Settlement Licensing Litigation 102

Technology & Marketing Law Blog

DECEMBER 9, 2022

The post Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2) appeared first on Technology & Marketing Law Blog. Eric’s closing note: for more on that latter point, see my decade-old thinkpiece on online trespass to chattels.].

Blogging 131

Blogging Law Contracts Cease and Desist 131

Nelligan Law

NOVEMBER 15, 2023

” It’s not just a design; it’s your guarantee that inside the pint, you’ll find a scoop of pure joy and unmistakable deliciousness. Yup, those aren’t your ordinary tubs; they are engineered to perfection, patented designs that keep your ice cream fresh and fabulous, almost like a mini-ice cream time capsule.

Blogging 105

Blogging Trademark Branding Branding 105

Technology & Marketing Law Blog

JANUARY 23, 2024

“In the context of web-based contracts, clarity and conspicuousness are a function of the design and content of the relevant interface.” First, he fails to cite evidence or relevant authority that would allow the Court to find that Defendant’s form was intentionally designed to distract or mislead a reasonable consumer.

Contracts 98

Contracts Blogging Advertising Advertising 98