Technology & Marketing Law Blog

APRIL 28, 2023

Despite the California Legislature’s blunder last year with AB 2273 (the Age Appropriate Design Code), many states, including Minnesota, are stubbornly pushing for nearly identical laws. This year is a glaring reminder of the consequences of passing terrible Internet policy through state legislatures.

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Intellectual Property Law Blog

JANUARY 11, 2023

In analogizing semiconductor chips to traditional areas of copyright law, the legislative history notes that, just as a plagiarist who copies only one chapter of a book may be held liable for infringement, a person may be liable for copying a part of a mask work if it is a qualitatively important portion that results in substantial similarity.

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Designs Design Copying Copyright Law 246

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. The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Compendium: Chapter 1200, sections 1201-1202. In particular, Section 1213.2

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Registration Designs Design Copying 189

IP and Legal Filings

SEPTEMBER 20, 2023

Introduction An artist’s ideas, be it for a renowned painting, sculpture, novel, technological design, jewelryor fashion are his own. However, many a times, we witness these designs being copied or recreated. A copyright protection is the ability of a designer to protect his original designs through the copyright laws.

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IP Law 360

MAY 18, 2023

A toy designer for MGA Entertainment testified Thursday in an intellectual property dispute between rapper T.I. and the company, speaking exuberantly for hours about the dolls at the center of the case before breaking down in tears as she denied stealing the idea.

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Designs Design Copying Intellectual Property 75

IP Law 360

AUGUST 12, 2024

The manufacturer of the Autobrush automatic toothbrush said they have nothing to smile about regarding a Polish company's similar U-shaped toothbrush, claiming in Connecticut federal court that its patents have been infringed.

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Copying Designs Design Patent 52

Patently-O

MAY 21, 2024

by Dennis Crouch In a highly anticipated en banc decision, the Federal Circuit has overruled the longstanding Rosen-Durling test for assessing obviousness of design patents. Rejecting the argument that KSR did not implicate design patent obviousness, the court reasoned that 35 U.S.C. § GM Global Tech. Operations LLC , No. at 15 (Fed.

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Design Patent Designs Design Patent 119

Patent Trademark Blog

JANUARY 25, 2024

How to take down Amazon seller listings that copy your products You have invested a great deal of time and money to develop your products. Now you’re being copied by others. What can you do to take down Amazon seller listings of copy products? The Amazon Design Patent Neutral Evaluation is for design patents.

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Copying Design Patent Design Designs 52

43(B)log

JULY 3, 2024

The solicitations included original clothing designs, lookbooks, and other promotional material meant to highlight the designer’s international acclaim in the fashion industry. Ultimately, the fashion conglomerate did not make time to meet with the designer or decide to work with her. any and all designers and stylists.”

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Designs Design Copyright Infringement Marketing 64

IP Law 360

SEPTEMBER 20, 2024

A New York jewelry company accused Target of copying the design of one of its Halloween-themed necklaces for the second time, according to a lawsuit filed Thursday in New Jersey federal court.

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Designs Design Copying 52

IP Law 360

FEBRUARY 13, 2023

of infringing its two bicycle wheel designs, alleging during opening statements before a Miami federal jury that its rival copied the company despite already knowing patents already existed. Bicycle components manufacturer SRAM Corp. on Monday accused Princeton Carbon Works Inc.

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Copying Designs Design Patent 40

IP Law 360

JANUARY 20, 2023

A company that makes distinctive cocktail glass-shaped and branded golf tees filed a lawsuit against a golfing novelty store in Georgia federal court, alleging the retailer ripped off its patented design and trademarked packaging, after agreeing not to sell copies of the tees.

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Intellectual Property Law Blog

JANUARY 11, 2023

In Brooktree, the court stated that “If the copied portion [of the mask work] is qualitatively important, the finder of fact may properly find substantial similarity under copyright law and the Semiconductor Chip Protection Act,” even if other portions of the chip were not copied. Advanced Micro Devices, Inc., 2d 1555 (Fed.

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Designs Design Copying Copyright Law 130

TorrentFreak

MAY 17, 2022

Long before the advent of legitimate online video streaming services, torrent sites and similar platforms allowed users to download and keep copies of movies and TV shows. Is it permissible to download and keep copies of movies and TV shows if you’ve paid for a legal subscription? Subscriber Agreements.

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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. The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Compendium: Chapter 1200, sections 1201-1202.

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Registration Designs Design Copying 130

Patent Trademark Blog

NOVEMBER 30, 2022

No patents: What are your options against product copies? Use design patents to protect this new appearance. The post No Patents: How to Protect Product from Copying appeared first on Patent Trademark Blog | IP Q&A. It’s understandable. You come up with a new product idea, but feel unsure about whether it will sell.

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Copying Patent Patent Application Blogging 98

Plagiarism Today

AUGUST 4, 2022

Lin pointed out the similarities on Twitter, highlighting various elements that were clearly copied from his earlier work. . Lin, for his part, said that, while he is a Call of Duty fan, he was “very disappointed” to see his work copied in such a manner. If the work is clearly copied, the question then becomes how it happened.

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Plagiarism Designs Design Copying 210

IP Law 360

OCTOBER 6, 2023

A London court has ruled that the maker of the Tommee Tippee hands-free, high-tech breast pump did not infringe three registered designs for a rival's device, branded as Elvie.

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Designs Design Copying Brands 40

Patent Trademark Blog

SEPTEMBER 17, 2024

Is it too late to apply for a design patent after product sales? Should they apply for a design patent first or sell the product and see how it goes? How long after selling a product can you still file a design patent? Need to file a design patent application promptly? There might be good news depending on your situation.

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Design Patent Designs Design Patent Application 52

IPilogue

OCTOBER 4, 2024

This move, Dagne argues, could respond to demands for the fair allocation of rights between digital workers, as authors or joint authors in some cases, and AI designers as exploiters of digital works. The post Dr. Tesh Dagne Shines a Light on the Unseen Hands and Invisible (Copy)Rights Behind AI Systems appeared first on IPOsgoode.

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The IPKat

NOVEMBER 30, 2022

On November 29, 2022, the European Commission published the long-awaited proposals for a revised Regulation and revised Directive on designs. New definitions for “design” and “product” (Art. 3 Draft Regulation) Draft Directive and Draft Regulation suggest a new definition for “design” and “product”, respectively.

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IP Law 360

JANUARY 26, 2023

Sportswear giant Nike has slammed streetwear maker Bape with a trademark suit in New York federal court over purportedly similar shoe designs, arguing that Bape swiped the "iconic" look of Nike sneaker models like its Air Force 1s and Dunks.

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Patent Trademark Blog

MARCH 16, 2022

What makes a design patent better? Design patents are quite simple. You do a bit of research into the differences between a design and utility patent , and conclude that design is the way to go. Your patent attorney will have an illustrator prepare the drawings, and then file the design patent application.

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Design Patent Designs Design Patent 98

IP and Legal Filings

JULY 8, 2022

Industrial Design in Oman. Industrial drawing and design consist of the ornamental or aesthetic aspects of an article, and can include three-dimensional features, such as the shape of an article, or two-dimensional features, such as pattern, lines, or colour. Deed of assignment if the applicant is not the designer.

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IP and Legal Filings

JUNE 8, 2022

One of them is ‘Design’ which is a composition of colors, shapes patterns, etc which add value and attraction to the product. Designs are advantageous assets that can be protected only if registered under the Designs Act, 2000. Website Designs. PROTECTION OF DESIGN. Picture Credit: Shutterstock].

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LexBlog IP

JUNE 26, 2023

The court concluded that JSC’s unique designs acquired secondary meaning in the eyes of consumers in the furniture market, particularly because of Trendily’s copying, and possessed protectable trade dress. JSC designs high-end furniture hand-crafted by woodworkers in Indonesia.

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Copying Social Media Design Designs 52

43(B)log

NOVEMBER 27, 2023

Design Gaps, Inc. 21, 2023) Design Gaps produces custom cabinetry for high-end homes; Hall is a former employee of Design Gaps who signed a nonsolicitation/noncompete clause but went to work for a design studio that was part of Design Gaps’ main competition, Peters. Hall, 2023 WL 8103156, No.

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Patently-O

AUGUST 23, 2021

Obviousness of a design patent is governed by 35 U.S.C. Importantly, the Federal Circuit suggests that the obviousness inquiry should begin with a primary reference whose whose “design characteristics … are basically the same as the claimed design” and that creates “basically the same visual impression.” Design Patent Nos.

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Design Patent Designs Design Patent 90

The IPKat

OCTOBER 1, 2022

Here’s what Felicia writes: Archival Authenticity or Iconic Copies? According to The Business of Fashion , Kardashian “tweaked Dolce & Gabbana styles from the 1990s and early 2000s” creating “finished looks” with Domenico Dolce and Stefano Gabbana “that were, the designers said, about 20 percent different from the originals.”

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Copying IP Copyright Law Designs 97

Patent Trademark Blog

DECEMBER 12, 2022

What is the filing deadline for a US design patent based on a foreign priority application? A US design patent application must be filed within six months of your foreign priority date. What is the cost to file a US design patent application with a priority claim? Can you speed up the design patent examination process?

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IP Law 360

JANUARY 10, 2024

A Los Angeles-based designer is accusing Spirit Halloween of copyright infringement in a suit claiming that the country's largest Halloween retailer willfully made and sold unauthorized copies of her original "Spooky All Year" ghost pins.

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Designs Design Copyright Copyright Infringement 52

JD Supra Law

JUNE 26, 2023

The Ninth Circuit recently upheld a district court’s decision in favor of furniture designer Jason Scott Collection, Inc. (“JSC”) The court concluded that JSC’s unique designs acquired secondary meaning in the eyes of consumers in the furniture market, By: Snell & Wilmer

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IP Law 360

MARCH 5, 2024

A New York federal judge refused Monday to end Nike's trademark action accusing Bape of copying the "iconic" look of Nike's Air Force 1 and Air Jordan sneakers, finding Nike's certificates of registration sufficiently articulate the purview of its purported trade dress, including specific, written descriptions and design details.

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Selvam & Selvam Blog

DECEMBER 17, 2022

In a welcome move the Controller General of Patents, Designs & Trade Marks by public notice dated December 16, 2022 eliminated the mandatory requirement of filing physical copies of the forms for filing a design application in India. efiling #designs.

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Designs Design Copying Registration 52

TorrentFreak

JANUARY 4, 2022

The wide feature range of Genshin XYZ appears designed to undermine that monetization since the tool allows players to cheat their way to progress instead. Despite a reported development and marketing budget in excess of $100m, Genshin Impact is free to play but is monetized via gacha game mechanics.

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Patently-O

JULY 30, 2021

A potentially important product design trademark case is pending before the U.S. Glico sued for trademark infringement, asserting Glico’s trademark rights in the product design of chocolate-covered elongated rod biscuits. The district court found that the design is functional and therefore not protectable by trademark.

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Kluwer Copyright Blog

OCTOBER 9, 2024

11413/2024) in a case concerning the protection by copyright of a lamp design. Part II will now turn to the compatibility of the approach adopted by the Italian courts to the cumulation of design and copyright protection for works of industrial design and applied art (WAA) with the existing case law of the CJEU in the area.

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Designs Design Law Copyright 64