IP and Legal Filings

DECEMBER 16, 2024

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.

Branding 98

Branding Branding Brands Design 98

Patently-O

JUNE 20, 2022

Companies associated with William Grecia have filed over a dozen cases alleging infringement of design patents for “animated graphical user interfaces.” D930,702 , was issued in 2021 and claims a “design for a display screen portion with animated graphical user interface.” A judge in one of those cases, Wepay v. 3 through 5.

Design Patent 98

Design Patent Design Designs Patent 98

Plagiarism Today

JANUARY 12, 2022

1: LEGO is Being Sued for Copyright Infringement Over Leather Jacket Design. First off today, The Fashion Law reports that LEGO is facing a lawsuit from artist James Concannon following the inclusion of a jacket similar to one that he designed as part of a recent LEGO set. According to Concannon, he designed the jacked in 2018.

Cease and Desist 244

Cease and Desist Licensing Television Design 244

Patently-O

APRIL 11, 2022

Although Nautilus made it easier for a court to find claim terms indefinite, the Federal Circuit continues indicate that the definiteness test strongly favors validity. Niazi’s US6638268 covers a double lined catheter designed for placing an electrical lead in the coronary sinus vein. In Niazi Licensing Corp. Jude Medical S.C.,

Patent 84

Patent Reporting Licensing Designs 84

Traverse Legal Blog

NOVEMBER 25, 2024

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. If the use of a copyrighted photo is related to commercial purposes, it is almost certain you have infringed.

Copyright Infringement 98

Copyright Infringement Copyright Web Design Fair Use 98

IP and Legal Filings

JANUARY 27, 2025

Key Challenges in AI and IPR: Ambiguity in Legal Definitions: The various steps carried out in the training processes of AI do not conform to legal categories of reproduction, use or making. For instance, if an AI produces art or designs most similar to other copyrighted art or designs, Equivalence by an AI leads to infringement.

Intellectual Property 101

Intellectual Property Design Designs Licensing 101

IIPRD

JANUARY 7, 2025

A human inventor serves as the central figure in the design of the patent system. 9] Determining the “field of endeavor in which the inventors were working” is crucial, and it’s best to avoid “both unduly wide and unduly restrictive definitions” because they may lead to problems.

IP 98

IP Intellectual Property Invention Inventor 98

TorrentFreak

NOVEMBER 24, 2024

Unfortunately that logical example fails to help here due to a confusing clash of definitions in the study. The definition of ‘Fraudulent Piracy Site’ on page 10 of the study is followed by another definition of the same term on page 18.

Reporting 111

Reporting Business Music Advertising 111

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.

Registration 93

Registration Design Designs Trademark 93

Plagiarism Today

JANUARY 3, 2022

While there are far too many for any single list, here are 5 copyright stories that you should definitely watch in 2022. Several such cases are going on right now and, though we likely won’t see a definitive answer in 2022, it’s going to be a copyright story to watch. 1: The Copyright Small Claims Court.

Copyright 279

Copyright Public Domain Registration Social Media 279

More Than Your Mark

AUGUST 20, 2021

At its core, 3-D printing uses computer code in a computer-aided design (CAD) file to instruct specially designed printers to print three-dimensional physical objects one layer at a time. The functionalities and any new and unobvious structures created by 3-D printing technologies may be the subject of a utility or a design patent.

Intellectual Property 98

Intellectual Property Design Designs Invention 98

Plagiarism Today

SEPTEMBER 14, 2021

To help with this, many web designers, especially those that are new to it, get help in the form of themes or stock templates that can be obtained from a variety of sites. Many times, designers choose images or text based upon how it looks or reads, not whether they have permission to use it.

Licensing 317

Licensing Plagiarism Web Design Web Development 317

Technology & Marketing Law Blog

MARCH 18, 2022

It will also inspire plaintiffs to bring more negligent design claims against Internet services–a looming tsunami of litigation. The Ninth Circuit reversed, saying that the plaintiffs could plead around Section 230 by alleging defective design. I’ve blogged that case three times as well, in Feb. What the Court Said.

Design 97

Design Designs Litigation Blogging 97

Plagiarism Today

NOVEMBER 22, 2022

Have a Designated Agent to Receive Notices of Copyright Infringement. Unfortunately, designating a DMCA agent is not as simple as posting an email address on your site. If you don’t want your personal information in the database, you can use a third party designated agent, such as myself at CopyByte , to handle the process for you.

Copyright 306

Copyright Social Media Designs Design 306

Plagiarism Today

AUGUST 23, 2022

Though there are definitely ways that NFTs and blockchain technology can be useful for handling copyright issues , especially in countries where copyright registration is not required, it should not shock anyone that NFTs, as they exist today, aren’t the path. However, NFTs were never designed for this purpose.

Copyright 279

Copyright Ownership Intellectual Property Technology 279

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? The bill’s winners are few and far between, and definitely not the constituents that the California legislature should be trying to help. I did a media interview regarding AB 2273 that I thought was worth sharing here.

Design 111

Design Designs Privacy Business 111

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). Because the AADC adopts the same definition of “business” as the CCPA/CPRA, this ruling highlights that any speech restrictions in those laws remain vulnerable to a constitutional attack. Kuklinski v.

Design 109

Design Designs Privacy Business 109

Plagiarism Today

SEPTEMBER 21, 2021

Graphic design is credited to award-winning graphic designer Jeremy Samples, so it's disappointing they would copy instead of producing original artwork. The graphic design credit for the show is Jeremy Samples, someone St. Onge identifies as an award-winning graphic designer.

Plagiarism 246

Plagiarism Graphic Design Copying Artwork 246

Plagiarism Today

MARCH 21, 2022

Among that criteria is that they designate a DMCA agent to receive notices of copyright infringement and then work to remove or disable access to any works they are notified about. Second, the original definition of an STM was so narrow that none have been identified since the law passed 20+ years ago.

Copyright 306

Copyright Technology Copyright Infringement Plagiarism 306

Patently-O

JUNE 30, 2023

by Dennis Crouch Design patents continue to rise in importance, but the underlying law full of eccentricities. Assuming that KSR neither overrules nor abrogates Rosen and Durling, does KSR nonetheless apply to design patents and suggest the court should eliminate or modify the Rosen-Durling test? The case under scrutiny is LKQ Corp.

Design Patent 64

Design Patent Design Designs Patent 64

IP Watchdog

AUGUST 4, 2021

Court of Appeals for the Third Circuit regarding the definition of “functionality” in trademark law. At issue in the appeal is a ruling from the U.S.

Trademark 116

Trademark Trademark Law Design Designs 116

IP Watchdog

APRIL 12, 2023

This means that the Unified Patent Court (UPC) will definitely go live on June 1, 2023. Whereas Part 1 focused on the designated UPC judges, this Part 2 will deal with the timelines that govern the proceedings before the UPC. On February 17, 2023, Germany ratified the Agreement on the Unified Patent Court.

Patent 122

Patent Government Design Designs 122

The IPKat

MARCH 16, 2023

At the round table, the speakers discussed the upcoming legal reform, the definition of “evocation”, as well as the conflict between GIs and collective marks. This same definition is suggested in the Proposal for EU GI reform. 1(3) Design Regulation. 80-81 Design Regulation. Following Art.

Art 130

Art Design Designs Litigation 130

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

Intellectual Property Law Blog

AUGUST 30, 2021

Output post-processing: converting predictions to probabilities when definitiveness is harmful. (2) Some examples include specially designed hardware to improve training efficiency by working with GPU/TPU/NPU/xPU (e.g., 2) Application (Inferencing) phase. 4) Robustness, safety, reliability, and data privacy of AI models.

Invention 242

Invention Patent Privacy Inventor 242

Plagiarism Today

DECEMBER 6, 2021

Have a designated agent to receive notices of copyright infringement. While it is impossible to predict where a case is going to go or what the outcome will be, this is definitely one to watch whether you’re interested in the DMCA, improving academic integrity or just how the law impacts the internet as a whole. Copyright Office.

Publishing 317

Publishing Copyright Infringement Copyright Trademark 317

Selvam & Selvam Blog

MARCH 19, 2025

The aggrieved argued that the definition of property under Section 15A(11)(d) of the Act should include intellectual property, given its value and the irreplaceable nature of their research data. They emphasized that the professional loss they suffered due to the destruction of this data was immense and warranted appropriate compensation.

Intellectual Property 52

Intellectual Property Government Designs Design 52

The IPKat

OCTOBER 14, 2024

Market definition and particularities of the markets for copyright management and licensing Before analysing SGAE’s market dominance and a potential or actual abuse of such dominance, it is important to highlight some particular features of the market for copyright management and licensing services. 102 of the TFEU. 164, implementing Art.

Contracts 64

Contracts Music Licensing Art 64

Plagiarism Today

AUGUST 9, 2022

To that end, I took my two most recent full articles on the site, the one about Activision plagiarizing an upcoming character’s design and the challenges of determining podcast plagiarism. But it’s difficult to see how this could serve as definitive proof of ghostwriting or contact cheating without additional information. Bottom Line.

Plagiarism 264

Plagiarism Contracts Publishing Reporting 264

JD Supra Law

MAY 31, 2024

A new development in the Castelbajac case, which pits the designer with the eponymous name against the company PMJC, concerning the application for revocation of the trademarks assigned to the latter by the designer. In a ruling dated 28 February 2024 (Cass. In a ruling dated 28 February 2024 (Cass.

Trademark 78

Trademark Design Designs 78

TorrentFreak

AUGUST 10, 2021

“Contrary to Defendants’ allegations, Yout’s software platform is not designed to descramble, decrypt, avoid, bypass, remove, deactivate, or impair the YouTube rolling cipher technology,” Yout’s complaint read. RIAA’s Motion to Dismiss, Yout’s Response. RIAA’s Motion to Dismiss, Yout’s Response.

Technology 142

Technology Copyright Copyright Law Designs 142

JD Supra Law

APRIL 1, 2024

the BIRDIE Act), which proposes amending the definition of “architectural works” under US copyright law to include golf course designs. Congressmen Brian Fitzpatrick (R-PA) and Jimmy Panetta (D-CA) have introduced the Bolstering Intellectual Rights against Digital Infringement Enhancement (a.k.a. By: AEON Law

Copyright Law 75

Copyright Law IP Design Designs 75

The TTABlog

MARCH 8, 2022

The Board upheld a refusal to register the proposed mark MADE FOR YOU LAB-GROWN DIAMONDS , in standard character and design form, for 'diamonds; jewelry" [LAB-GROWN DIAMONDS disclaimed], finding that the phrase fails to function as a trademark. In re Standard Oil Co. , 2d 945, 125 USPQ 227, 229 (CCPA 1960).

Trademark 94

Trademark Registration Service Mark Design 94

SpicyIP

FEBRUARY 21, 2024

This issue arose out of the absence of a clear definition of ‘High Court’ post the Tribunal Reforms Act, 2021 (‘TRA’) which abolished the IPAB and returned the powers to the High Courts. Gian Chand Jain was dealing with a similar issue since in the Design Act, 1911, the Act didn’t define which High Court would have jurisdiction.

Trademark 105

Trademark Intellectual Property Designs Design 105

The IPKat

NOVEMBER 30, 2022

And per this ‘one-to-many correspondence’, the relevant public will not interpret ‘HAMPTON’ as designating the geographical origin of goods or services. Conversely, a sign that has additional meaning(s) does not constitute a mere geographical name.

Art 135

Art Registration Intellectual Property IP 135

The TTABlog

FEBRUARY 12, 2024

As to incongruity, “it must be shown that in combination the descriptiveness of the individual words has been diminished, that the combination creates a term so incongruous or unusual as to possess no definitive meaning or significance other than that of an identifying mark for the goods.” In re What Do You Meme, LLC , Serial No.

Advertising 119

Advertising Advertising Trademark Designs 119

Erik K Pelton

AUGUST 18, 2020

And protecting the words alone means that all fonts, colors, designs, and uses of those words are covered in the scope of the trademark registration. And when the logo is creative and unique and a nice design, it is valuable to protect the logo separately. However, there are unique circumstances where that might not be the case.

Trademark 130

Trademark Social Media Registration Branding 130