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

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”)

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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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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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TorrentFreak

JANUARY 4, 2022

Despite a reported development and marketing budget in excess of $100m, Genshin Impact is free to play but is monetized via gacha game mechanics. 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.

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Copying Copyright Infringement Intellectual Property Copyright 141

43(B)log

MAY 19, 2023

Wowwee sells a line of dolls called “My Avastars,” which plaintiffs allege were “copied directly from Roblox’s Classic Avatars.” Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform. And defendants’ dolls were “virtually identical” in shape to Roblox’s avatars.

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SpicyIP

FEBRUARY 7, 2024

A Case of ‘Smart Copying’: ‘Peace Maker’ Restrained from Imitating ‘Officer’s Choice’ Do you enjoy your whiskey? The court’s analysis here worked on the same logic and highlighted the potential confusion it may cause in the market. Would you mix up these two labels: Officers choice and Peace Maker? image below).

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Patently-O

SEPTEMBER 17, 2023

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Still, ornamental logos found on the accused product can still be relevant as visual distractors in the process of evaluating similarities and differences between the claimed design and accused design.

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Design Patent Patent Infringement Designs Design 70

Indiana Intellectual Property Law

MARCH 11, 2024

In Cyprus, Texas , Valcrum, LLC (“Valcrum”), a company specializing in trailer and axle market products, is engaged in a legal dispute with Dexter Axle Company, LLC (“Dexter”) from Indiana over trademark and trade dress infringement regarding a hubcap design.

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43(B)log

SEPTEMBER 20, 2021

3, 2021) The parties compete in the market for custom landscape design services. “[I]n He did allege sadness, distress, and “profound grief” from Natorp’s copying of images of a particular landscape job, but the Lanham Act doesn’t cover psychological, emotional harm. McCleese v. Natorp’s, Inc., 2021 WL 2270511, No.

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Biswajit Sarkar Copyright Blog

AUGUST 11, 2022

What are designs? Designs are the visual features of objects, something that is solely perceived by the eye. In India, Designs are protected under the Designs Act, 2000. Why register a design? The cognitive efforts and the creativity involved in making a design have some value in the eyes of the law.

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Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design. Industrial Design.

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Kashishipr

JULY 20, 2022

Although this may sound quite encouraging and motivating for those with original ideas, many famous brands out there are accused and widely recognized for being copycats in the market and, unfortunately, making a lot of money. The American video and photo sharing social media platform Instagram has been accused of copying Snapchat.

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Branding Brands Branding Marketing 52

The TTABlog

DECEMBER 13, 2022

District Court for the Eastern District of Virginia upheld the TTAB's decision [ TTABlogged here ] affirming a refusal to register certain features of Timberland's boot design on the ground that the proposed mark for "footwear, namely, lace-up boots" lacked acquired distinctiveness.

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IP and Legal Filings

JUNE 9, 2022

Trademark, and design are two very crucial kinds of IPRs which provide a certain extent of protection at their levels. Trademark and design are two of the most important and popular IPRs which can sometimes be confused as the line between their differences may perhaps seem blurry.

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Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and design rights. Design Rights.

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Intellectual Property Designs Design Artwork 52

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. On 5 th May 2022 , China becomes a member of the Hague System.

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43(B)log

AUGUST 26, 2021

5, 2021) The plaintiff benefits from very generous treatment of its false designation and copyright claims, in the process stripping false designation of anything other than a prohibition on copying/vitiating both Wal-Mart and Dastar. 2021 WL 1253803, No. 20-cv-06957-VKD (N.D. The court agreed!

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Designs Design Copying Copyright Infringement 63

Technology & Marketing Law Blog

SEPTEMBER 7, 2022

Can the existing UK Age-Appropriate Design Code tell us anything about what AB 2273 might look like in practice? As a practical matter, other states will copy California’s template, so businesses will face the same obligations across the nation unless the law is stopped. For more on the bill, see my prior coverage: Op-ed.

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Technology & Marketing Law Blog

DECEMBER 5, 2022

Case Citation : Digital Marketing Advisors v. Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. Prior Posts on Section 512(f).

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Marketing Marketing Cease and Desist Fair Use 76

azrights

FEBRUARY 2, 2023

A key focus should be to make it difficult for competitors to copy or mimic what you do. Otherwise, you could lay yourself wide open to theft and copying that the law won’t prevent. Learning key IP principles equips you to better structure and design a business. Nor are commercial lawyers trained in IP.

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The TTABlog

FEBRUARY 16, 2023

The Board sustained Section 2(d) oppositions to the word-and-design marks shown immediately below, for Asian-themed cuisine and for restaurant services featuring same, finding confusion likely with opposer's common law mark RAMEN HOOD & Design (shown to the right) for Asian-themed restaurant services. menus and other printed items.

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Plagiarism Today

FEBRUARY 10, 2022

Though he clarified that they were not “direct copies”, he claimed there were similarities in style, color choices and techniques used that were overwhelming to him. This market has been described repeatedly as a scam. In the case of the art market, those two entities are largely the same. Bottom Line.

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Plagiarism Art Marketing Marketing 279

Technology & Marketing Law Blog

JUNE 23, 2024

First, the same logic would extent to all of the threats identified in the try-before-you-buy experience, not just the threat designations of direct competitors (though non-competitors may not have Lanham Act standing). More generally: most commercially vended editorial items uses teasers/tasters as part of its marketing/advertising.

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Law False Advertising Advertising Advertising 59

Garrigues Blog

JULY 27, 2021

This time, we will take a look at other equally important branches of IP that are covered by the report: trademarks, industrial designs and creative industry (publishing). Industrial designs. As far as industrial designs are concerned, applications also increased in 2019 with respect to 2018, albeit by a timid 1.7%. Trademarks.

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Intellectual Property Designs Design Trademark 52

LexBlog IP

OCTOBER 17, 2022

It’s well known by marketing professionals that a well-implemented GUI can positively influence a purchaser’s decision to buy a particular product or service. Over a hundred years ago, Congress created “design patents” to offer companies a way to protect the “ornamental” features of products.

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Design Patent Designs Design Intellectual Property 52

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

Indiana Intellectual Property Law

OCTOBER 20, 2023

According to the complaint, Rogue Fitness owns several design and utility patents for fitness equipment, including Patent No. In the suit, the Plaintiff alleges that the Defendant has been purposely advertising, marketing, selling, manufacturing, and distributing products that are infringing on Rogue’s lawfully held patents.

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IP Tech Blog

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

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Designs Design Copyright Design Patent 57

TorrentFreak

FEBRUARY 28, 2024

In all cases, whether on physical cartridges or supplied as digital downloads, Switch games contain security measures designed to prevent copying or being run on unauthorized devices. “Only because Yuzu decrypts a Nintendo Switch game file dynamically during operation can the game be played in Yuzu. .

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Copying Technology Designs Design 102

The IPKat

DECEMBER 29, 2021

The European Commission’s Directorate-General for Taxation and Customs Union ( DG TAXUD ) and the European Union Intellectual Property Office ( EUIPO ) recently released the first joint annual report on EU enforcement of intellectual property rights: results at the EU border and in the EU internal market 2020.

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Plagiarism Today

NOVEMBER 18, 2021

It was hot on the heels of a very different kind of copying scandal, one that involved Streamlabs announcing the launch of a new product using content copied and pasted from one of their biggest competitors. Hey, can I copy your homework? ? Yeah, just change it up a bit so it’s not obvious you copied. This is our fault.

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IPilogue

DECEMBER 9, 2022

In the verdict form the jury stated that Defendants had not proven fair use, the Plaintiff (Alexander) should receive $3,750 USD for actual losses from the Defendant’s use of the tattoo designs, and did not answer as to profits can be attributed to the Plaintiff for use of the tattoos. Citing Muhammad-Ali v. Final Call, Inc.,

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TorrentFreak

SEPTEMBER 8, 2023

“At a basic level – and common to all the technical devices mentioned – AAPA would like to see the production, marketing and distribution of any device which can be used to infringe IP made illegal” – Sheila Cassells. What’s AAPA’s position there? As for the mobile phone, it’s an infringement machine.

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LexBlog IP

DECEMBER 26, 2023

Their terms say I own full commercial (note they don’t say “exclusive”) rights to it and can apply for trademark registration for it (through the, naturally, even though they aren’t lawyers and will just copy whatever you provide them into the application and submit it whether it’s appropriate or not).

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TorrentFreak

AUGUST 12, 2022

Having spent billions on development and marketing over decades, companies like Microsoft dominate important sections of the software market. The defendants are described as prolific distributors of “black market access devices”, aka activation keys and tokens for Microsoft software.

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Olartemoure Blog

JULY 17, 2023

These new dolls captured about 40% of Barbie’s market share in five years, creating tension between Mattel and MGA. Barbie was created in 1959, and when she was 42 years old, in 2001, Bratz entered the scene. La entrada Infographic | Barbie movie se publicó primero en OlarteMoure | Intellectual Property.

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