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.

Marketing 57

Marketing Marketing False Advertising Advertising 57

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 67

Registration Designs Design Trademark 67

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.

Design Patent 52

Design Patent Designs Design Patent 52

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.

Designs 94

Designs Design Privacy Business 94

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.

Marketing 89

Marketing Marketing Trademark Registration 89

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.

Designs 114

Designs Design Litigation Blogging 114

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.

Marketing 52

Marketing Marketing Trademark Invention 52

43(B)log

JUNE 11, 2024

Here, the allegations sufficiently stated a marketing context. Specifically, it alleged that the words appeared “during a free trial period designed to showcase Malwarebytes’s product capabilities,” so that the users experience “a marketing mechanism for Malwarebytes to entice users to ultimately purchase the Malwarebytes products.”

Advertising 62

Advertising Advertising Designs Design 62

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).

Designs 67

Designs Design Patent IP 67

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.

Social Media 131

Social Media Editing Government Law 131

LexBlog IP

DECEMBER 26, 2023

I’ve seen enough stock graphic elements when doing trademark and copyright searches to know that the crown elements and scales of justice elements are likely to be highly similar to or identical to crown and scales designs owned by Getty Images or some other entity or artist. This isn’t limited to logo design.

Designs 52

Designs Design Trademark Copyright 52

43(B)log

JUNE 10, 2024

5, 2024) Abbott Laboratories’s Glucerna line of powders and shakes are marketed as scientifically designed for people with diabetes to help manage blood sugar. The challenged language includes “to help manage blood sugar,” “#1 doctor recommended brand,” and “scientifically designed for people with diabetes.”

Designs 57

Designs Design Branding Brands 57

LexBlog IP

MARCH 15, 2022

Plaintiff, Tori Belle Cosmetics LLC (“Belle Cosmetics”), sells its cosmetics and false eyelashes through a network of salespeople, allowing each salesperson to earn a portion of any revenue generated by any salespeople they recruit to join their sales network, i.e., a multi-level marketing business.

Marketing 52

Marketing Marketing Confidentiality Social Media 52

IP.com

MARCH 12, 2024

According to a report by SuperData Research , the global gaming market was valued at $159.3 Market data from 2023 shows the estimated market size for the gaming industry at $242.39 and how similar some are to Game Freak’s own Pokémon designs. billion in 2020. billion with an estimated $583.69 billion by 2030.

Copyright Infringement 52

Copyright Infringement Copyright Intellectual Property Marketing 52

SpicyIP

DECEMBER 26, 2023

The Assistant Controller of Patents and Designs- A Reasoned Judgement or Inherently Contradictory? Thus, it is reasonable to note that the court is concluding that existing definitions or jurisprudence around the definition of “ technical effect or contribution ” is unclear.

Technology 59

Technology Licensing Designs Design 59

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.”

Social Media 60

Social Media Advertising Advertising Music 60

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.

Government 104

Government Designs Design Settlement 104

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.

Copyright 101

Copyright Trademark Law Publishing Copyright Infringement 101

LexBlog IP

MARCH 10, 2024

The law aims to encourage fairness, competitiveness, and consumer protection through provisions, controls, and penalties designed to restrict anti-competitive behaviours and establish regulatory frameworks. Key Definition within Federal Law No. Key Definition within Federal Law No.

Law 52

Law Intellectual Property Marketing Marketing 52

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.

Social Media 105

Social Media Designs Design Privacy 105

Intepat

JUNE 19, 2024

If we are to look into the statutory definition of Evidence, under section 3 of the Indian Evidence Act 1872 evidence means and includes, All statements which the court allows or needs to be presented before it by the witnesses in connection to matters of fact under inquiry.

Trademark 52

Trademark Advertising Advertising Social Media 52

The IPKat

DECEMBER 4, 2023

17152851 ) and ‘TEAM UK’ (IR designating the EU no. Background On 17 February 2022, the United States Olympic and Paralympic Committee (‘USOPC’) designated the EU in its IR no. 17152851 ‘TEAM SERBIA’ and IR designating the IR no. The applications for ‘TEAM SCOTLAND’ (EUTM no. 15143027 ), ‘TEAM SERBIA’ (EUTM no. 7(1)(b) EUTMR ).

Registration 64

Registration Designs Design Art 64

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.

Intellectual Property 119

Intellectual Property Confidentiality Public Domain Business 119

Patently-O

AUGUST 3, 2023

The complaint alleges Pfizer and BioNTech initially tested different vaccine designs but ultimately chose to copy Moderna’s approach, despite being aware of Moderna’s patents. In the lawsuit, Moderna is seeking monetary damages for patent infringement but not injunctive relief taht would remove the Pfizer vaccine from the market.

Patent 97

Patent Patent Infringement Copying Technology 97

Dragons' Den

APRIL 26, 2023

I couldn’t find any products on the market for children under 3 that could help. I looked at different routes to market, selling online to consumers initially. Then we've got registered designs for our Toddle design, and for our magic mist bottle, which has stood us in really good stead. “We also have trade secrets.

Business 52

Business IP Intellectual Property Designs 52

IIPRD

APRIL 3, 2024

Introduction The Indian fashion market is pegged at an impressive value of $50 billion, out of which 10% consists of international luxury brands. [1] 1] The fashion industry in India is extremely diverse in the type of fabric, labour, design, way of draping, and handwork that is used. Infringement Of IPR – Design or Artistic Work?

Artistic Work 45

Artistic Work Designs Design Copyright 45

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.

Designs 52

Designs Design Branding Brands 52

LexBlog IP

APRIL 18, 2022

In the rulemaking process, however, the FTC developed a very broad definition of “labels,” which led at least one commissioner to dissent because that definition “exceeds our statutory grant of rulemaking authority.” ” (The definition is broad and states that labeling includes “any materials.

Social Media 52

Social Media Marketing Marketing Settlement 52

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.”

Government 86

Government Marketing Marketing Designs 86

IP and Legal Filings

JULY 11, 2024

Image Sources: Shutterstock] Definition and Scope Trademark Registration: A trademark that a business can put on the products that they offer in the market is a word, phrase, symbol or a design associated with the origin of the products.

Registration 94

Registration Trademark Copyright Intellectual Property 94

43(B)log

SEPTEMBER 5, 2023

11, 2023) The parties compete in the design of buckling-restrained braces, which are structural devices that help buildings withstand seismic activity. The Design Manual also included several technical drawings of BRBs, which allegedly infringed plaintiff Core-Brace’s registered drawings. SME Steel Contractors, Inc.

False Advertising 57

False Advertising Law Advertising Advertising 57

43(B)log

MARCH 20, 2023

WatsonSeal Marketing LLC v. WatsonSeal Marketing sued for false advertising under the Lanham Act, tortious interference with business relations under Alabama law, and unjust enrichment under Alabama law, but, having kicked out the Lanham Act claims, the court didn’t proceed any further with the state claims. 5:22-cv-649-LCB (N.D.

False Advertising 58

False Advertising Advertising Advertising Marketing 58

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.

Non-Fungible Tokens 122

Non-Fungible Tokens Ownership Intellectual Property Intellectual Property Law 122

SpicyIP

AUGUST 23, 2023

It wasn’t a question of if they could try, it was a question of why should they try when there was no market power(!) In India, forget treatments for rare diseases, even the development of regular treatments for mass markets is an issue. and so incentives were helpful. Of course, some exceptions do exist.

Government 98

Government Marketing Marketing IP 98

The IPKat

JULY 7, 2023

A specific consideration was highlighted in relation to the introduction of virtual influencers and their role in the same virtual worlds and the constant threat represented by influencer marketing and dark patterns. The Metaverse can provide for different types of innovation and visions.

Reporting 84

Reporting Music IP Intellectual Property 84

The TTABlog

AUGUST 3, 2022

Based on third-party uses and registrations and on dictionary definitions, the Board concluded that "DOG COMPANY, considered as a whole, is a highly descriptive term for a characteristic of Petitioner’s Common Law Goods." Natural Dog Acquisition LLC v. Otto Roth , 640 F.2d 2d at 1320, 209 USPQ at 43.

Law 52

Law Registration Designs Design 52

LexBlog IP

DECEMBER 7, 2022

But, we warned, dark patterns had the potential to dramatically reshape how we look at marketing and blur if not obliterate the lines between clever marketing and unlawful marketing. And it may be time to pay closer attention to some of the things your marketing department is doing.

Web Design 52

Web Design Marketing Marketing Registration 52