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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.
However, proving that the design is distinctive enough to be protected and does not serve a functional purpose remains problematic. This protection allows the brand to safeguard its visual identity, as well as stop other businesses from using their designs’ look and feel, maintaining exclusivity and value of designs.
All this raises a simple question: Did the series copy St Onge’s work? Onge and others who spotted the similarities, someone who worked on the series closely copied or even traced St. And despite copying my video, the episode still contains several errors, like saying the Orlando version has 2 ride systems while showing 4.
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.
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.
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.
According to Google, there were at least 50 instances of copying, some of which were “word-for-word”. Copy and Paste Roundup. However, it’s difficult to make that claim of impartiality when your reports copy and paste heavily from outside sources without attribution. Unattributed use of outside content does not help that image.
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.
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.”
The Defendant was alleged to have copied both in name and in design a well known trimmer. The Defendant was also alleged to have identically copied and sold several features of the Plaintiff’s product, shapes, label, trade dress, design, packaging and other descriptive features including copyright.
The Court granted the claimant leave to amend the wilful plant patent infringement claim due to the curable deficiencies in the pleadings, and allowed trade mark infringement, false designation of origin, and unfair competition claims under the Lanham Act to proceed.
The petitioner challenged the hearing notice and recommendations from the Opposition Board, constituted by the Patent Office, which were allegedly issued without giving the petitioner an opportunity to present evidence, and in light of this, the petitioner challenged the validity of these actions.
Can the existing UK Age-Appropriate Design Code tell us anything about what AB 2273 might look like in practice? If age authentication isn’t done through a review of the user’s face, then typically users must present documents that authenticate their ages. For more on the bill, see my prior coverage: Op-ed.
2025 Oscars Fast-forward to the present day, and pirates continue to be aligned with the mainstream public, perhaps more than ever. Wicked, which won Oscars for ‘Best Production Design’ and ‘Best Costume’, saw no significant increase in interest.
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.
Gajewski, and Ivy Clarice Estoesta will present the webinar "2023 Design Patents Year in Review: Analysis and Trends" on Tuesday, January 30, 2024 at 1:00 p.m. EST. Attendees will receive an advance copy of our Design Patents Year in Review report via email after the webinar concludes. Directors Tracy-Gene G.
Fellows are also encouraged to publicly present or publish their writings or findings in other venues where possible. A copy of their latest curriculum vitae. Submitted posts will need to be reviewed and approved by the SpicyIP team to ensure it meets the quality standards of the blog, prior to publication.
His current project, which he recently presented at the IP Scholars Africa conference at the University of Cape Town, highlights how copyright enables the proactive exploitation of digital workers’ contributions as inputs to AI training or, in some cases, AI-assisted outputs. According to Tubaro et al., As described by C.
A new lawsuit over Broadway’s Stereophonic tests copyright’s limits, as Fleetwood Mac’s former sound engineer claims the hit play copies his real-life story about working on the Rumours album. The set of Stereophonic , which Caillat claims mirrors the vantage point he described in Making Rumours.
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.,
While at this stage the particulars of Getty’s claim are unavailable, their press release states that Stability AI “unlawfully copied and processed millions of images protected by copyright and the associated metadata owned or represented by Getty Images”. What is AI image generation software?
The copy was subsequently removed from the NGO’s website at Safarov’s request. The ECtHR then reviewed national law and found that none of the copyright exceptions available therein, notably those considered by the national courts (private copying, and libraries and archives) in the background proceedings, would be applicable.
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. .
It allegedly sold or gave away unauthorized copies of the I-Codes and Custom Codes to both customers and prospective customers. International Code Council, Inc. UpCodes, Inc., 2021 WL 1236106, Nos. 6261 (VM) & 20 Civ. 4316 (VM) (S.D.N.Y. Where these are not provided, UpCodes has integrated the local amendments.”
In 2015, The Publishers Association, a UK organization supporting members producing digital and print books, research journals and educational resources, broke new ground by becoming the first entity in the UK to use Section 97A of the Copyright, Designs and Patents Act 1988 to obtain blocking measures.
This is the approach that has been adopted by both Turnitin and Unicheck , who have similar systems designed to not to detect AI writing, but whether a different author (human or AI), wrote the paper than the student who is claiming it. The watermark is either present or it is not. Advantages: .
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.
In a January 2024 report and recommendation later adopted by the court , the magistrate judge found that the repost infringed the plaintiff’s display right simply because it shows a copy of the photo on Chicken Joes social media account. S ydney Nicole LLC v. .” “Yes your honor.
DMCA takedown notices give copyright holders the ability to remove copies of their content from websites that have no right to distribute them. Fortunately, Google consulted Google and discovered that the Google DMCA notice it allegedly sent to itself to protect YouTube was actually bogus (Lumen copy here ).
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.
Question presented: Can a document qualify as a printed publication if it is stored on a password-protected website, not accessible to the public, and available only to customers who pay over $25,000 dollars to purchase related software? Centripetal Networks, Inc. Cisco Systems, Inc. , 21-193 (Supreme Court 2021). Centripetal Networks, Inc.
American asserted that Skiplagged infringed its trademarked and copyrighted flight symbol when presenting search results. In the meantime, below is a copy of the jury’s verdict form to peruse on your next flight. A good example comes from a case I litigated years ago on behalf of Costco.
This case began back in 2006 when Crocs sued Double Diamond and others for patent infringement of Crocs’s design patents. Therefore, Dastar ‘s unaccredited copying did not constitute a false designation of origin actionable under § 43(a) of the Lanham Act. Crocs largely prevailed in those actions.
Recently, a draft bill to change the burden of proof of originality was presented to the French Senate to try to deal with the problem created by the lower courts. But the court ruled that the font had not been copied Article L.122-4 The court found that the characteristics of Le Monde’s font were not copied by Google.
Case Summaries Abbott Healthcare Private Limited vs Vinsac Pharma on 17 February, 2025 (Delhi High Court) Abbott Healthcare sued two defendants for trademark and copyright infringement, claiming they deceptively copied its well-known LIMCEE Vitamin C tablets by selling LIMEECEE with similar packaging. 3(i) of the Patents Act.
However, the metaverse, with its decentralized and boundaryless nature, presents unique challenges to traditional copyright frameworks. Copyright and Ownership in the Metaverse In the metaverse, copyright applies to digital creations such as virtual art, music, designs, and even entire virtual worlds.
Astral Design Infringement Case By Aarav Gupta The High Court of Bombay issued an ad-interim injunction in the design infringement complaint filed by Pidilite Industries Limited (“Pidilite”) against Astral Limited, on the 13th of June, 2024. How are Competing Designs Assessed?
The plaintiffs allege that Ross hired a third-party contractor to unlawfully copy Westlaw content—including its proprietary Key Number System and case headnotes—in order to train Ross’s own AI-driven natural language legal search engine. Sorry, future jurors.)
WPL is a UK based software company who obtained several copies of SAS statistical software and made a clone version. Plaintiff SAS showed that it holds a registered copyright, amply argued that its asserted works are creative, and presented repeated evidence of factual copying. That issue is front-and-center in this case.
Highlights of the Week Examining Oppositions: Time for a Deeper Look Recently a monograph on patent oppositions was published by HNLU, Raipur and was presented to the DPIIT with suggestions on streamlining patent opposition process and enabling ease of doing business in India. Please let us know so we can include them!
A Mountain to Climb The world-famous news publications mentioned above have faced considerable challenges with the transition to digital, including unauthorized digital copies of their products being made available online by pirate sites. That often means that background documentation is available from public sources. .”
A presentation prepared for the recent Fifteenth Session of the World Intellectual Property Organization’s Advisory Committee on Enforcement begins with a brief explainer of the Domain Name System (DNS) and how it works. The presentation has some ideas but before we come to them, it might be worth looking at the slide again.
Incidentally, both proceedings stemmed from a long-running dispute between Piaggio and a Chinese company accused by the former of parasitically copying the Vespa design. patents for technical functionality and copyright and design rights for substantial value) gets circumvented through trade mark law.
Earlier this year, the RIAA went after NFT marketplace HitPiece, describing it as a scam site designed to lead fans to believe that they had bought artist-endorsed collectibles. Broader NFT marketplaces, through which third-party sellers can auction NFTs, present challenges as well. And for the RIAA, these issues hit close to home.
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