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Trademark on Product Design: Are these biscuit sticks functional

Patently-O

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.

Designs 133
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Trade Dress Protection for Non-Traditional Marks in the Fashion Industry

IP and Legal Filings

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.

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Disney+ ‘Behind the Attraction’ Accused of Plagiarism

Plagiarism Today

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.

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Industrial Design under The Design Act, 2000

IP and Legal Filings

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.

Designs 97
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Obviousness of a Design Patent

Patently-O

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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From Headnotes to Head-scratchers: The Functional Fallacies in Thomson Reuters v. Ross Intelligence

SpicyIP

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.

Copying 69
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Google Accuses Regulators of Plagiarism

Plagiarism Today

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.