LexBlog IP

MARCH 8, 2023

Save the Date to Attend the 16 th Annual USPTO Design Day The 2023 iteration of the United States Patent and Trademark Office (USPTO)’s annual Design Day will be held on May 4, 2023, with options to attend either in-person at USPTO headquarters in Alexandria, Virginia or virtually.

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Designs Design Intellectual Property Intellectual Property Law 40

43(B)log

OCTOBER 1, 2022

Design patents play a role when we have them, typically a handbag/jewelry/diamond cuts/chain designs/shoes. Issue: legal is often the last to know of new designs, so you need to know before the design is launched: need to explain that legal needs to be part of the process. More partial designs.

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Intellectual Property Design Patent Law Designs 83

LexBlog IP

SEPTEMBER 27, 2021

In a recent decision, the Review Board of the United States Copyright Office (“Board”) reversed an examiner’s prior refusal to register a copyright in the artistic elements present in the bed shown above, paving the way for the applicant to obtain a copyright registration in this work. ” Star Athletica, LLC v.

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Designs Design Copyright Artistic Work 52

The IPKat

MARCH 29, 2024

The second case concerned the trade marks registrations of some iconic Welsh words by a Welsh company. The rights holder finally opted for the withdrawal of said trade marks registrations (even if accepted by the UKIPO) after the negative public perception caused by a backlash from social media (see The IPKat here ).

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Intellectual Property Social Media Reporting Registration 60

Patently-O

JULY 13, 2021

Design Patent No. The reexamination examiner agreed with the challenge and issued a final rejection that the claimed design was anticipated by four different prior art references. First to Disclose : Two of the references were Chinese Design Registrations filed and published a couple of months before Zhang’s filing date.

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Inventor Art Designs Design 76

LexBlog IP

APRIL 19, 2023

Patents A patent permits the owner to exclude others from making, using, offering to sell, selling, or importing the invention of the patent. There are two types of patents that Amazon sellers should be familiar with, utility patents and design patents.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

Indiana Intellectual Property Law

DECEMBER 23, 2022

According to the complaint, Gema is a worldwide leader in the design and manufacture of electrostatic powder coating control units, and powder feed systems. The United States Patent and Trademark Office issued Patent Nos. D667,080 , D567,015 , D670,356 , and D670,786 (collectively, the asserted patents) to Gema in 2012.

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Trademark False Advertising Patent Registration 52

Patent Trademark Blog

JANUARY 12, 2023

As of January 10, 2023, the total number of US patents I have obtained for clients is 695. Number of US Patents by Patent Attorney Vic Lin. That total includes both utility and design patents in the US. Of course, this total does not include all the international and foreign patents I’ve handled.

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Patent Patent Application Registration IP 98

IP Tech Blog

FEBRUARY 28, 2022

The Spanish government has approved a draft bill to reform the three main industrial property laws: the Trademark Law, the Industrial Design Law and the Patent Law. Industrial Design Law. It also establishes the possibility of using other means of resolving design disputes, such as mediation. Patent Law.

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Law Designs Design Trademark 62

SpicyIP

OCTOBER 27, 2023

Dark patterns can take away users’ right to full information about their services and control over their browsing experience, affecting their overall experience. For instance, when a person copies the unique packaging design of a popular energy drink, it confuses consumers and potentially infringes the trade dress.

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Intellectual Property False Advertising Designs Design 52

The IPKat

FEBRUARY 6, 2022

Designs Marques Class 99 reported on the UKIPO's recently launched call for views on the design system. Designs Marques Class 99 reported on the UKIPO's recently launched call for views on the design system. The call for views was also reported by The IPKat and can be read here.

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Blogging IP Designs Design 75

IP and Legal Filings

NOVEMBER 11, 2022

Businesses regularly create articles, photographs, drawings, designs, models, websites, computer software, etc., Voluntary registration for your copyright is available in China. Unlike Europe where computer software is protected by patents, software is expressly protected under copyright in China. Image Source: Istock].

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Copyright Fair Use Registration Ownership 52

Patent Trademark Blog

MARCH 18, 2022

Failure to renew a trademark registration can lead to a canceled registration, but the owner may still have common law rights by continually using the mark. Unlike patents, trademarks do not necessarily need to be registered in order to be protectable. Keep in mind that patents must be registered in order to be protectable.

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Intellectual Property IP Confidentiality Patent Application 52

SpicyIP

FEBRUARY 13, 2023

What stands out here is that the Court granted an injunction in favour of the Plaintiff based on earlier registration without considering the non-use of the mark by them. Further, the information sought by the applicant pertains to third party …” and thus, refused to share the information sought.

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Designs Design Trademark Cease and Desist 52

SpicyIP

SEPTEMBER 6, 2021

WhatsApp has reportedly banned over 3 million Indian accounts on the messaging service in the 46 day period from 16 June to 31 July 2021, under the new Information Technology Rules, 2021. Delhi High Court entrance. News from around the World.

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Designs Design Inventor Trademark 113

LexBlog IP

JUNE 18, 2023

Patent Practice: Creation of a Design Patent Practitioner Bar by John DeStefano The United States Patent and Trademark Office (USPTO) has proposed a significant change to the rules of practice in patent cases. Enable more underrepresented groups to practice design patent law. Proposed Changes to U.S.

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Design Patent Designs Design Patent 52

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Trade Secrets: Trade secrets encompass confidential information critical for a startup’s success; this may include formulas, processes, customer lists, marketing strategies etc. Startups can protect both the source code and object code through copyright registration.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

IP Tech Blog

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. It covers architectural design, software, graphic arts, motions pictures, sound recordings, and more, and it is adaptive to new technological advances that would likely apply to NFTs.

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IP Ownership Non-Fungible Tokens Copyright Law 109

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Indian Patent Act restricts the patent acts of new plant breed. Design patent- This patent protects the unique visual appearance of the manufactured item. This means that a very similar patented design and shape are not eligible for patent grants.

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Patent Inventor Invention Intellectual Property 103

43(B)log

AUGUST 5, 2021

Bambauer, Everything You Want: The Paradox of Tailored IP Regimes Customized IP has benefits (avoids lowest common denominator [or highest] problem), but also costs: manipulation to shift from one regime to another; colleciton of information by decisionmakers. Bespoke systems are often underutilized by their own designers and outmoded.

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IP Invention Designs Design 44

43(B)log

FEBRUARY 3, 2023

Christine Farley, Authenticity and Design: Why sell a chair for 10x a visually identical chair? Sometimes the replication is exact; design claimants say they’re made with cheaper materials and practices, but midcentury modern design aimed for cheapness and access: the idea that more people can have it now would be a good not a bad.

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Designs Design Design Patent Branding 57

LexBlog IP

DECEMBER 6, 2021

Trade Secrets for Discrete Information. Trademark protection can include a product or company’s name, a design, logo, color scheme, and identifying factors such as a unique sound played within an application (think of AOL’s famous “YOU’VE GOT MAIL”). Jump To: Trademark Protection for Branding.

Intellectual Property 52

Intellectual Property Patent Application Invention Branding 52

43(B)log

FEBRUARY 23, 2024

Volume of decisions by hearing officers: registrability decisions have first mover advantage. One of the risks of looking at only one side is that you can’t actually grant a “narrow” registration. Question to explore: is the large number of these connected to post-registration audit?) That’s of registrations w/a response.

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Registration Branding Brands Branding 57

43(B)log

FEBRUARY 24, 2024

TMs are a proxy for all sorts of info and goodwill, but there are other things that are proxies for that and have always been—selling in a certain marketplace or mall gives information; being the first listing in the Yellow Pages (might be the first nonsense marks!). Other examples: design patent, as Sarah Burstein has writte n.

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Fair Use Branding Brands Branding 44

LexBlog IP

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. It has been debated whether NFTs/DC could be protected in China by design patents.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Garrigues Blog

JUNE 1, 2021

Banksy Case: registration of a trademark in bad faith and the price of anonymity. We will continue to keep you informed of the lasted legislative and case law developments. There will be a sequel! Catch up with us every Tuesday on our IP Blog. Thanks for following us!

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Blogging IP Advertising Advertising 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

It is basically an open ledge comprising of information that is used to track and store transactions and can also be verified and exchanged on a peer-to-peer network. The ledger consists of unalterable digitally recorded information in packages called blocks. Blockchain’s possible application in the world of IP?

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Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

It is basically an open ledge comprising of information that is used to track and store transactions and can also be verified and exchanged on a peer-to-peer network. The ledger consists of unalterable digitally recorded information in packages called blocks. Blockchain’s possible application in the world of IP?

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

It is basically an open ledge comprising of information that is used to track and store transactions and can also be verified and exchanged on a peer-to-peer network. The ledger consists of unalterable digitally recorded information in packages called blocks. Blockchain’s possible application in the world of IP?

Technology 52

Technology Patent IP Invention 52

Patently-O

APRIL 12, 2024

By Dennis crouch The international IP community is moving toward further harmonizing legal protection for industrial designs. In the US, these are design patent rights. 2] This same issue has arisen in other IP treaty negotiations over the past few decades. [3] negotiating position.

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Designs Design Law Registration 40

SpicyIP

NOVEMBER 15, 2022

Cables” was passed on the ground that registration in favor of the mark lies in favour of Mukul Singhal who had established its claim of prior use via documentary evidence. Controller of Patents and Designs ( pdf ), was decided by the Delhi High Court and deals with issues pertaining to prior art and inventive step.

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Trademark Patent Copyright Designs 105

SpicyIP

JANUARY 23, 2023

Delhi High Court sets aside the cryptic order passed by the Respondent, directs to consider the matter afresh Case: Alfred Von Schukmann vs The Controller General Of Patent, Designs and Trademarks and Ors. Novartis patent set aside on procedural grounds by Delhi High Court. Case: Kabushiki Kaisha Toshiba vs Asstt.

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Designs Design Invention Registration 105

43(B)log

JUNE 24, 2022

But being informational or functional might do the same thing, as might descriptiveness. U’s registration for THE for clothing and other merchandise by putting THE on a hangtag. Registration v. Much of the law is a collection of rules of thumb from registration context. It might be one reason that a use does not infringe.

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Trademark Law Law Trademark Registration 73

The IPKat

MAY 29, 2023

Chapter 2, authored by David Musker, considers the overlaps between patents and designs. For instance, the existence of a patent may be used by competitors to argue that the design is dictated by function and should therefore be ineligible for protection.

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Intellectual Property Editing Privacy Moral Rights 89

SpicyIP

DECEMBER 30, 2023

Impleading the Department of Telecommunications/ Ministry of Electronics and Information Technology, the Court directed them to issue blocking orders against the impugned links. CCI , the Delhi High Court held that Chapter XVI of the Patents Act is a complete code in itself and overrides the Competition Act, 2002. In Microsoft v.

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IP Copyright Trademark Intellectual Property 124

TorrentFreak

MARCH 31, 2024

The initial findings cover copyright, design, patent, and trademark issues, but mindful of our niche, our coverage here is mostly limited to the former. These articles covered a range of topics with two themes standing out – scope of rights and registration, and IP disputes.

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Reporting IP Intellectual Property Publishing 100

43(B)log

JUNE 24, 2022

But there is an assumption that registration = minimal distinctiveness unless validity is questioned. If courts won’t invalidate marks (or can’t in the case of incontestable registrations) then doing on the defense side at least preserves something. It’s text and not design so we don’t call it ornamentality.

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Trademark Law Law Trademark Fair Use 54