Traverse Legal Blog

NOVEMBER 25, 2024

Preventing Accidental Infringement: Respect Copyright: Avoid copying others’ work without permission. 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.

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Copyright Infringement Copyright Web Design Fair Use 98

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.

Copying 145

Copying Copyright Infringement Intellectual Property Copyright 145

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.

Plagiarism 279

Plagiarism Art Marketing Marketing 279

IP and Legal Filings

APRIL 24, 2023

The Designs Act, 2000 (“the Act”), is a complete code in itself and protection under it is totally statutory in nature. It protects the visual design of objects that are not purely utilitarian. Designs are registered in different classes as per the Locarno Agreement. These classes are mainly function oriented.

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Design Designs Registration Law 97

SpicyIP

FEBRUARY 17, 2025

Thomson Reuters argued that Legal Ease’s questions, incorporated by Ross in machine-readable form, essentially copied its creative headnotes. The copying was purely instrumental, aimed at training an AI system to recognize and retrieve relevant legal information efficiently. The 9th Circuit in Sony Computer Entertainment v.

Copying 69

Copying Fair Use Copyright Copyright Law 69

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.

Plagiarism 279

Plagiarism Web Development Copying Copyright Notice 279

Plagiarism Today

AUGUST 23, 2022

However, NFTs were never designed for this purpose. This is an especially large problem for photographers and visual artists, whose works are trivially copied and reshared. Since there is no difference between an original digital photograph and a copy of that photography, there’s no scarcity online.

Copyright 279

Copyright Ownership Intellectual Property Technology 279

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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Registration Design Designs Intellectual Property 97

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 Design Designs Patent 90

Copyright Lately

FEBRUARY 17, 2025

Lawyers on both sides will rely on Ross some to argue that AI training constitutes infringement even when models don’t output copied material, others to distinguish generative LLMs trained on billions of works from Rosss narrow, headnote-specific dataset. And independent creation simply means you created it yourself, without copying.

Fair Use 68

Fair Use Copying Public Domain Copyright 68

IP and Legal Filings

JUNE 8, 2022

The Designs Act is an act that protects one of the most significant Intellectual Property Rights of a person. Therefore, many acts govern several IPRs one of which includes the Designs Act,2000. Therefore, many acts govern several IPRs one of which includes the Designs Act,2000. The Designs Act, 2000 is one such act.

Design 98

Design Designs Registration Intellectual Property 98

IIPRD

MARCH 13, 2025

All the creations of the human minds such as designs, inventions, artistic works, names, symbols, etc. For example, if you write a novel, copyright protects it from being copied or sold by others without your permission. For example, the Tata Nanos rear-engine design and lightweight body structure is patented by Tata Motors.

Intellectual Property 83

Intellectual Property Registration Design Designs 83

SpicyIP

NOVEMBER 3, 2024

Anil Kumar, Proprietor M/S Singla Food … vs Deepak Kumar @ Deepak Manocha on 25 October, 2024 (Delhi District Court) The plaintiff sought permanent injunction restraining the defendants from infringing on its trademark and passing off goods in South Delhi markets. Koninklijke Philips N.V

Trademark 105

Trademark Registering Trademarks Personality Rights Copying 105

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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Registration Design Designs Trademark 93

IIPRD

JANUARY 22, 2025

Thus, fundamental questions arise, such as whether such copying amounts to infringement under copyright law or whether it falls under the purview of fair use. Another important factor is market effect. This, however, would depend on how the elements are qualified, the amount of material that is used, and its potential on the market.

Fair Use 95

Fair Use Intellectual Property Derivative Work Copyright Law 95

Plagiarism Today

OCTOBER 26, 2021

First, design elements that are “physically or conceptually separate” from the article can be protected. This means, theoretically, that elements such as the Superman “S” can be protected by copyright because they are separate elements that are merely copied onto the clothing. However, there are two key exceptions to this.

Trademark 279

Trademark Copyright Cease and Desist Copying 279

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.

Copying 94

Copying False Advertising Social Media Advertising 94

Technology & Marketing Law Blog

FEBRUARY 11, 2025

[A surprising ruling from Judge Bibas (sitting as a district court judge by designation) in the Thompson Reuters v. Otherwise, what evidence could Ross use to disprove the future possibility of a market that doesn’t exist today?) Ross Copyright Ruling appeared first on Technology & Marketing Law Blog.

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Copyright Fair Use Copying Marketing 59

43(B)log

JULY 3, 2024

I can’t say I think that one is likely to survive summary judgment, but it still puts LVMH at some risk given the accused items, which include some marketing materials. 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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Design Designs Copyright Infringement Marketing 64

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.

Design 111

Design Designs Privacy Business 111

Intepat

JUNE 13, 2024

Introduction Design piracy, particularly in the context of registered designs, poses significant challenges in today’s industrial landscape. According to the Indian Design Act of 2000, only those designs that are functional or used as artistic or property marks are not eligible for protection.

Design 52

Design Designs Branding Branding 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.

Design 96

Design Designs Advertising Advertising 96

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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Reporting Intellectual Property Marketing Marketing 130

The IPKat

FEBRUARY 22, 2025

In many cases, manufacturing IP may be easy for any potential competitor, generic or biosimilar company to design around. It is challenging for generics and biosimilars to design around a drug substance patent, given that regulatory approvals are tied to the drug substance itself.

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IP Invention Art Design 64

The IPKat

JANUARY 27, 2022

Even a mark that has been on the International Registry for 40 years does not assure registration of a subsequent national designation. On 12 January 2022, the Lithuanian Supreme Court upheld the rejection of the Lithuanian designation of Chanel SARL’s two-dimensional trademark (see below) in Class 3 for perfumery products.

Trademark 138

Trademark Registration Marketing Marketing 138

Technology & Marketing Law Blog

OCTOBER 16, 2023

We’ve seen a flood of terrible Internet laws in the past few years, including the California Age-Appropriate Design Code (AADC). The court says the impact assessments don’t require businesses to look at service design configurations or to mitigate any identified risks, so they aren’t likely to advance the state’s child welfare goals.

Design 109

Design Designs Privacy Business 109

IIPRD

OCTOBER 16, 2024

Copyright also helps in protecting the narrative contents and preventing it from being copied. Thus, Intellectual Property helps in curbing the infringement and encourages fair competitions in the global market of gaming. Licensing of their games are also controlled under Copyright only. Reference: The Law Tree.

Intellectual Property 59

Intellectual Property Graphic Design Trademark Copyright 59

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. Trendily appealed.

Copying 52

Copying Social Media Design Designs 52

Traverse Legal Blog

MARCH 26, 2025

Youve poured your expertise into a book, a supplement, or a digital productsomething designed to help people feel better, live better, be better. FTC marketing guidelines are available to help. 45), prohibiting deceptive or misleading marketing practices. FDA compliance for supplements is not easy.

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Branding Branding Brands Marketing 52

Dragons' Den

FEBRUARY 13, 2025

Its certain that none of us enjoy putting a soggy brolly back into our bags, and Gilley promises a solution to these common issues with its wind-proof design thats also less prone to loss thanks to its hard, moisture-wicking case. Or left out to dry and forgotten in the corner of a restaurant?

Blogging 52

Blogging IP Intellectual Property Designs 52

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).

Marketing 85

Marketing Marketing Cease and Desist Fair Use 85

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.

Copying 52

Copying Design Patent Designs Design 52

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 Design Designs 72

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.

Intellectual Property 98

Intellectual Property Branding Branding Brands 98

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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Confidentiality Design Designs Copying 93

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.

Copying 114

Copying Licensing Marketing Marketing 114

Kluwer Copyright Blog

OCTOBER 3, 2022

WIPO, Agreement on diplomatic conference on Design Law Treaty. In July, the WIPO Member States agreed to go ahead with a diplomatic conference on the protection of designs to ease cross-border trade. European Commission, European Media Freedom Act. The proposal stresses that the new media rules complement the CDSM Directive framework.

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Copyright Law Copyright Law Music 119