Patent Trademark Blog

MAY 11, 2022

The difference between trademark infringement and counterfeiting is a matter of the extent of copying. File design patents to protect the appearance of the product. While design patents do not protect the function of your product, this valuable IP right may still be obtained to protect the looks of a functional product.

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Patently-O

JULY 13, 2021

Design Patent No. The reexamination examiner agreed with the challenge and issued a final rejection that the claimed design was anticipated by four different prior art references. First to Disclose : Two of the references were Chinese Design Registrations filed and published a couple of months before Zhang’s filing date.

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Patent Trademark Blog

MARCH 24, 2022

To build protectable trademark rights, you must generally begin using a mark to sell goods or services, or file a US trademark application based on a foreign registration for the same mark. If your ITU application matures into a registration, your ITU filing date will be treated as if you began using the mark on that date.

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Patent Trademark Blog

DECEMBER 13, 2023

Do you need a design or utility patent , or both ? How do you know if your patent claims are any good ? What matters most in getting patents to stop Amazon sellers from copying your product? Need a useful patent that will actually stop competitors from taking your sales? Let’s tackle these questions.

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43(B)log

FEBRUARY 3, 2023

Christine Farley, Authenticity and Design: Why sell a chair for 10x a visually identical chair? The claim is authenticity: authorized manufacturers and retailers; they call copies counterfeits. and design patents were hard to get/not as valuable at the time. In the 1960s, preemption was big (Sears v. Compco, etc.)

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Intepat

OCTOBER 7, 2022

Fashion designers can safeguard their designs for up to 15 years by taking the Copyright law into account under the Designs Act of 2000. Therefore, it is advised that fashion designers register their artwork in accordance with the rules of the Designs and Copyright law. Protection of a design–.

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LexBlog IP

APRIL 6, 2022

Design patents, sometimes referred to as industrial designs, protect the aesthetic appearance of a product. In other words, unless international or regional treaties are available, a grant of design rights has to be obtained individually in each country of interest.

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azrights

OCTOBER 27, 2021

They copy business models, and any aspect of a business’ successful branding, be it, by introducing new features, copying its positioning, or even using similar names or brand identifiers. Some will copy blatantly, others are more savvy so will copy what they calculate they can get away with. Take Coca Cola as an Example.

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The IPKat

JANUARY 13, 2022

By using asymmetric cryptography it is secured that only the owner can transfer the access rights and that the access rights cannot be copied.) The result is that the smart contract allows you to represent any IP, e.g., trademarks, designs, patents or copyrights, with a token. a MIT license ).

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Intellectual Property Non-Fungible Tokens IP Contracts 97

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. Whirlpool was able to claim rights over its trademark in this country, even though it didn’t have a physical presence here and did not have any registration at that time.

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Patent Trademark Blog

MAY 26, 2023

Call Vic at (949) 223-9623 or email vlin@icaplaw.com to explore options to protect your innovation and stop competitors from copying your products. It’s not the function, but the looks of your product that might be protectable if it’s too late to file a patent. If you are in that situation, perhaps not all hope is gone.

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SpicyIP

SEPTEMBER 6, 2021

Madhya Pradesh High Court in M/s Mold Tek Packing Ltd. Delhi High Court in Dassault Systems v.

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LexBlog IP

JULY 5, 2022

” [1] The best part about a copyright is that its registration is typically inexpensive and straightforward. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] The application process for a design patent is simple. ” [8].

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SpicyIP

JANUARY 23, 2023

The Defendant argued that the suit design was published prior to the date of registration under a different trade name. What has to be seen is whether the coolers bearing the suit design were available online prior to the date of application, by the plaintiff, for registration of the design.

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IP and Legal Filings

OCTOBER 12, 2022

This IP protection ensures that other designers, whether direct competitors or producers of knock-off jewelry or imitation jewelry, do not ruin their reputation or copy their designs so as to reduce the value of their jewelry and lose out on potential sales. Image Source: Freepic].

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More Than Your Mark

AUGUST 27, 2021

Only the copyright owner has the right to make copies, distribute copies, perform, display, or make derivative works of the copyrighted work. If the Mona Lisa were still under copyright, copying it directly would be an infringement, but anyone could paint a slightly smiling woman in black. What Is a Trademark? But in the U.S.,

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Intellectual Property Trademark Copyright Patent 52

LexBlog IP

SEPTEMBER 27, 2021

In a recent decision, the Review Board of the United States Copyright Office (“Board”) reversed an examiner’s prior refusal to register a copyright in the artistic elements present in the bed shown above, paving the way for the applicant to obtain a copyright registration in this work. ” Star Athletica, LLC v.

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43(B)log

JUNE 24, 2022

RT: I would say lots of courts in © also try to reduce merger to meaning that you can do anything but copy verbatim, which is a narrowing that many courts in TM don’t bother with, though some variants of Rogers v. U’s registration for THE for clothing and other merchandise by putting THE on a hangtag. Registration v.

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Patent Trademark Blog

MAY 31, 2023

Are competitors copying your products? Perhaps you might want to send them a C&D letter to get them to respect your patents. In particular, you can file a petition to speed up your trademark application and submit a copy of the C&D letter to the USPTO. Did they provide a registration number?

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Patent Trademark Blog

MARCH 18, 2022

Failure to renew a trademark registration can lead to a canceled registration, but the owner may still have common law rights by continually using the mark. Unlike patents, trademarks do not necessarily need to be registered in order to be protectable. Keep in mind that patents must be registered in order to be protectable.

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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. Sanho has a registration for HYPERDRIVE. Sanho Corp. Kaijet Technol. Int’l, 2024 WL 4553279, F.Supp.3d

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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.

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Above the Fold

JULY 5, 2022

1] The best part about a copyright is that its registration is typically inexpensive and straightforward. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] The application process for a design patent is simple.

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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.

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IP Tech Blog

JANUARY 4, 2023

It has been debated whether NFTs/DC could be protected in China by design patents. The current tendency is that of denying protection to designs of non-physical products, like metaverses. For more details on the topic of design and the metaverse in China see our previous blog post. Article 10.1

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Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Startups can secure copyrights to prevent unauthorized copying or distribution of their creative works. This means that no one else can copy or distribute their creations without permission. Startups can protect both the source code and object code through copyright registration.

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Intellectual Property Cease and Desist Invention Branding 52

Garrigues Blog

JUNE 1, 2021

Banksy Case: registration of a trademark in bad faith and the price of anonymity. My product was copied and I haven’t registered it. We take a look at our Top10 most-read posts in this first year of the IP Blog: The Influencers’ Code of conduct comes into force on January 1, 2021: are you aware of your obligations?

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IIPRD

OCTOBER 17, 2022

As recently in 2022 Hermès, a fashion house sued Manson an NFT (non-fungible token) creator for trademark infringement who marketed a digital asset called “Metabirkins”, which was a digital copy of a bag created by Hermès, which sold at many high prices. This can a lesson for the companies interested in the metaverse. Liden Research, Inc. ,

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SpicyIP

NOVEMBER 15, 2022

Cables” was passed on the ground that registration in favor of the mark lies in favour of Mukul Singhal who had established its claim of prior use via documentary evidence. 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.

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Biswajit Sarkar Copyright Blog

JULY 13, 2022

In the fashion industry, there are a few product categories that have long been covered by patent protection, including athletic footwear and base layers or undergarments. Another subcategory of patents called “DESIGN PATENTS” protects the adornment and adornment of practical objects.

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43(B)log

FEBRUARY 23, 2024

Volume of decisions by hearing officers: registrability decisions have first mover advantage. One of the risks of looking at only one side is that you can’t actually grant a “narrow” registration. Question to explore: is the large number of these connected to post-registration audit?) That’s of registrations w/a response.

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43(B)log

AUGUST 5, 2021

Industry pushed very hard against cheap copying, and yet as of 2019 there were only 538 registrations in 20 years versus hundreds of thousands of utility patents. Registration is fast—takes a month—versus patent, but term of protection is only 10 years. Also relevant to some patent doctrines (sorry).

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SpicyIP

DECEMBER 15, 2023

A cropped version of a scanned copy of a US newspaper named ‘The Examiner’ (image from here ) This post is co-authored with Swaraj. Apart from the date, this time the organizers of the exams have been changed as well, with the National Testing Agency taking over the reins of conducting the recruitment from the Quality Council of India (QCI).

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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.

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LexBlog IP

DECEMBER 6, 2021

Copyright protection is unique in that it can last for well over a century and requires minimal examination by the United States Patent and Trademark Office (USPTO). Patent Protection for Functionality. The most time-sensitive of all filings are your patent filings. User Interfaces may be protectable with Design Patents as well.

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Intellectual Property Patent Application Invention Branding 52

SpicyIP

FEBRUARY 13, 2023

What stands out here is that the Court granted an injunction in favour of the Plaintiff based on earlier registration without considering the non-use of the mark by them. Regardless, it sent a cease and desist to the defendants in 2022 who have a shop in Jaipur with a similar name and have registered the word mark in 2013.

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Designs Design Trademark Cease and Desist 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes. It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain.

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