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 Designs Design Trademark 93

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.

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Designs Design Privacy Business 111

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.

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Designs Design Litigation Blogging 97

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.

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Designs Design Privacy Business 109

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.

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Art Designs Design 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.

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Designs Design Brands Branding 52

Kluwer Copyright Blog

FEBRUARY 8, 2024

This choice may be influenced by the design of the product, the cost of repair or available repairers. One of these measures is the proposal to amend the Design Directive by including a specific repair clause for design protection. Design rights provide protection to the appearance of a (part of a) product.

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Designs Design IP Art 78

IP Tech Blog

JANUARY 9, 2023

On 28 November 2022, the European Commission adopted proposals for a revised Regulation and Directive on industrial designs. The proposals, that are now sent to the European Parliament and Council for adoption, are aimed at modernizing the EU design system and the harmonized national design protection laws.

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Designs Design Blogging Registration 57

Michael Geist

OCTOBER 23, 2023

Instead, its submission indicates that wants all broadcasters (which given the law would include the CBC) to get an even bigger portion of the potential Bill C-18 revenues by expanding the definition of “journalist” to include everyone from sound and video engineers to researchers and fact checkers.

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IP and Legal Filings

OCTOBER 23, 2023

These E-commerce platforms make it simple to access consumer goods from a computer or smart phone, but they also, by their very nature, make it simple for counterfeiters to market their counterfeit goods. In the year 2017 the market value of the E-commerce was $38.5 The online marketplaces do not precisely title the products sold.

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Marketing Marketing Trademark Registration 98

Intepat

DECEMBER 4, 2024

However, as markets grow increasingly innovative, non-traditional marks have emerged, referred to as unconventional trademarks. Their essence lies in unique sensory elements that transcend conventional designs and embody distinctiveness in novel ways.

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Trademark Intellectual Property Brands Branding 52

SpicyIP

FEBRUARY 17, 2025

The Court held: “This is precisely the kind of “wasted effort that the proscription against the copyright of ideas and facts is designed to prevent.” Market Effect Analysis The Courts analysis of market effect created additional concerns by introducing a “potential derivative market” for AI training data.

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Copying Fair Use Copyright Copyright Law 69

LexBlog IP

JANUARY 9, 2023

On 28 November 2022, the European Commission adopted proposals for a revised Regulation and Directive on industrial designs. The proposals, that are now sent to the European Parliament and Council for adoption, are aimed at modernizing the EU design system and the harmonized national design protection laws.

Designs 52

Designs Design Registration Blogging 52

IP Tech Blog

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

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Design Patent Designs Design Patent 57

Technology & Marketing Law Blog

JULY 8, 2022

Doe’s negligent design claim similarly aims to hold Snap liable for communications exchanged between Doe and Guess-Mazock. I know there are many people who support that outcome; indeed, that’s the inevitable effect of California’s proposed Age-Appropriate Design Code. This claim is also barred by Section 230.

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Social Media Designs Design Privacy 116

The IPKat

FEBRUARY 21, 2022

Given this inconsistency, in 2017, the scope of the Italian patent box was narrowed by excluding the income generated by the use of trademarks (Article 56 of Decree-Law no. 50 of 24.4.2017).

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Designs Design Patent IP 72

The IPKat

AUGUST 4, 2024

Sugraone' was the first seedless table grape variety introduced in Italian market in late 1980s. The grace periods are designed to give breeders time to confirm that their varieties meet the criteria for PVR protection. fruits) in the definition of novelty under Article 6(1). Images from Pixabay. both plant and fruit).

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Marketing Marketing Reporting Invention 117

SpicyIP

AUGUST 23, 2024

The Controller of Patents & Designs , rejected a patent application for a lamp based on Panchagavya (cow milk, cow ghee, cow butter, cow curd, cow dung and cow urine) citing that it was barred by Section 3(p) of the Indian Patents Act, 1970 (“the Act”) for being traditional knowledge (“TK”). The Court observed that the object of S.3(p)

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Patent Invention Patent Application Art 105

Kashishipr

APRIL 20, 2022

Patents, copyright, and trademarks have been the most widely recognized forms of IP to date; however, there are other forms as well, including geographical indications and industrial designs, which have been gaining attention in the past few decades.

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Intellectual Property Confidentiality Public Domain Business 119

43(B)log

SEPTEMBER 6, 2023

The Toyota parts sold by Allen Interchange and Toyota bear the same part number, and according to Allen Interchange, are identical in design, function, and quality. of unauthorized, gray market parts within [Toyota USA’s] PMA [Primary Market Area], or anywhere, is. The court declined to dismiss the counterclaims.

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Marketing Marketing False Advertising Advertising 59

LexBlog IP

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

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Design Patent Designs Design Patent 52

IPilogue

MARCH 15, 2023

The Standard also suggested numerous domains of well-being and accompanying indicators that system designers should be concerned with. Ethics and Systems Design The IEEE Standard Model Process for Addressing Ethical Concerns during System Design is also frequently cited.

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Government Designs Design Settlement 104

IP and Legal Filings

DECEMBER 17, 2024

Non-conventional or Non-Traditional trademarks such as sounds, color, shape, scent or any other motion marks have emerged as a new innovative tools widely being used in the todays changing and competitive market era that redefine how brands connect with the public at large.

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Trademark Brands Branding Branding 52

Technology & Marketing Law Blog

MARCH 6, 2024

Any surviving services may need to be structured as marketing agencies that push all of the legal risk to the users and third-party vendors. This judge is vexed by the definition of volitional conduct. And although Plaintiff also alleged Defendants marketed, advertised, and sold merchandise bearing his copyrighted illustrations.

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Copyright Trademark Law Publishing Copyright Infringement 119

IPilogue

MARCH 14, 2022

and requiring someone to repeat their answer after you zoned out, here is the definition: Non-fungible token (“ NFT ”): a digital asset that represents real-world objects like art, music, in-game items, and videos. Shawn Dhue is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School.

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Non-Fungible Tokens Ownership Intellectual Property Intellectual Property Law 122

Michael Geist

SEPTEMBER 22, 2022

The first two posts in the series on why Bill C-18, the Online News Act, is a bad solution in search of a real problem focused on the risk to the free flow of information stemming from mandatory compensation for linking and how the bill encourages clickbait and other low quality news given the absence of standards in the definition of “news content.”

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Government Marketing Marketing Design 103

Kluwer Copyright Blog

NOVEMBER 4, 2021

The Copyright Directive does not offer its own definition of an ISSP, referring instead to the one provided by Directive 2015/1535 : it is a service normally provided for remuneration, at a distance, by electronic means, and at the individual request of the recipient of the service. This change was to bring art.

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Social Media Publishing Art Copying 142

TorrentFreak

AUGUST 24, 2021

YouTuber ‘Touchtone’ (Raul Orelanna) was later added as a defendant in an amended complaint alongside accusations he was paid $500,000 to market the service. Each system has a key-based encryption and decryption process designed to restrict playback to only authorized Sling subscribers.

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Television Copyright Infringement Advertising Advertising 138

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

It claims to focus on “counterfeits” that could harm consumer “health and safety,” but those are both lies designed to make the bill seem narrower and more balanced than it actually is. If the latter, then the definition will pick up smallish online retailers that have small marketplace components.

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Trademark False Advertising Advertising Advertising 144

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.” Gutman’s personality and personal life, these were part of the overall marketing strategy for JLM.

Social Media 119

Social Media Ownership Business Brands 119

Technology & Marketing Law Blog

DECEMBER 12, 2021

These “bad design” arguments to work around 230 have been rejected repeatedly. The court uses a lengthy and unnecessary historical tour of the Seventh Circuit Section 230 jurisprudence to concludes that Section 230(c)(1) is just a definitional section (as Doe v. ” Section 230. .” Negligence.

Copyright Infringement 138

Copyright Infringement Publishing Designs Design 138

The TTABlog

JANUARY 6, 2022

[Section 2(d) refusal of the word-plus-design mark shown below for, inter alia , "non-metal tiles for countertops, walls, sinks, and floors in bathrooms and kitchens," in view of the registered mark BELLAVITA TILE registered for “Non-metal tiles for walls and floors; ceramic tiles; porcelain tiles; glass tiles.”

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Social Media Advertising Advertising Music 64

IPilogue

JULY 23, 2021

This podcast series will definitely appeal to a more niche audience. Despite its short runtime, this episode touches on many interesting ways IP law can apply to the NFT space and is especially important as the NFT market continues to grow. “S T he Progress Pride Flag, and the Realities of IP ” by Input Doc: Marketing Interviews.

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Non-Fungible Tokens IP Law Intellectual Property 105

LexBlog IP

APRIL 25, 2022

art market, the Report concluded that there was no immediate need to impose new regulations on the art market to combat money laundering and terrorism finance. Yet the Report also discussed how the art market remains susceptible to money laundering and describes how market participants can minimize this risk. Background.

Art 52

Art Marketing Marketing Due Diligence 52

The IPKat

JANUARY 24, 2023

The law introduced a definition of a work. The current law with its definition of a work makes the requirement of the objective form explicit. The lawmakers went even further and introduced its definition. There are three conclusions we can draw from this definition. Photos courtesy: Liubov Maidanyk.

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Related Rights Law Copyright Moral Rights 145

SpicyIP

AUGUST 23, 2023

A Definition for ‘Rare Diseases’ The revised Policy underscores the importance of formulating a definition for ‘rare diseases’. It is stated that further research is required for examining current definitions and formulating one for India, and shall be done as soon as ‘sufficient data’ is available.

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Government Marketing Marketing Designs 98

IP and Legal Filings

JULY 17, 2023

Introduction ABU DHABI GLOBAL MARKET lodged an appeal against the rejection of its trademark registration application contending that the rejection by the Trade Marks Registry was unfounded both in fact and in law, while the respondent centered their objections around the use of a geographical name and the lack of distinctiveness.

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Marketing Marketing Trademark Invention 52