The TTABlog

MARCH 5, 2024

Once again, the existence of a patent established the functional benefits of the design: it "enables the user to secure the holster within the waistband, and the gun within the holster, with minimal bulkiness and weight and with maximum comfort." indicates that the design is not de jure functional.

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CopyrightsWorld

FEBRUARY 10, 2021

This article is part of our series showcasing well-known copyright ownership cases from the music and film industries, technology, and more. This week’s post looks at three well-known copyright infringement cases involving tech giants battling each other over ownership rights. Apple vs. Microsoft.

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Indiana Intellectual Property Law

APRIL 26, 2024

The lawsuit alleges that certain swimsuits marketed by FullBeauty Brands and affiliated entities bear a striking resemblance to designs owned by competitors. Global Trademarks, operating under the umbrella of Swim USA , claims ownership of swimwear designs and brands like MIRACLESUIT ® and SWIM SOLUTIONS ®. Continue reading

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The TTABlog

MAY 25, 2023

Applying the Morton-Norwich factors, and giving some weight to applicant's design patents, the Board concluded that the USPTO failed to make a prima facie case of functionality. There were no utility patents of record, nor any evidence showing that JBL touted any utilitarian advantages of this product design.

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LexBlog IP

DECEMBER 17, 2021

Recommended Reading: Germain and Sitler, “The Constitution Commandeth: Thou Shalt Not Protect the Same Subject Matter Under Design Patent and Trade Dress Laws” [link] pic.twitter.com/JCpHwspoIH. —D938,144, for a design for a “Shoe”: [link] #DesignPatents pic.twitter.com/XWsAwvLqHH.

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Patently-O

OCTOBER 18, 2021

2774 – Pride in Patent Ownership Act. Creating additional incentives to timely record patent ownership interests. Design patent cannot be enforced to restrict repair of a motor vehicle. Crapo, R-ID; and Sen. Leahy, D-VT). Sponsored by Sen. Leahy, D-VT and Sen. Tillis, R-NC).

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The TTABlog

JUNE 27, 2023

The Board upheld a refusal to register the product configuration shown below, for pen and pencil holders, concluding that the design is de jure functional under Section 2(e)(5). Furthermore, Applicant’s overall design is dictated by the function it performs — holding a pen, pencil, or other cylindrical writing instrument."

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Design Designs Ownership Design Patent 53

Intepat

DECEMBER 12, 2024

Graphical User Interfaces (GUIs) are essential elements of modern software, defining how users visually interact with applications and systems through various design components such as icons, menus, and layouts. The visual design of the button itself, such as its colour, shape, and placement, is covered as an artistic work.

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Technology & Marketing Law Blog

MARCH 8, 2024

Other examples of error-prone IP topics: design patents, where a simple visual comparison of the two works isn’t sufficient to determine infringement; or trade secret litigation, where the item’s trade secret status and ownership is often highly contested.

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The IPKat

JANUARY 13, 2022

The result is that the smart contract allows you to represent any IP, e.g., trademarks, designs, patents or copyrights, with a token. The advantage of using standardized tokens with a sufficiently distributed blockchain is the possibility to digitally display ownership of IP in a secure, transparent and immutable manner.

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LexBlog IP

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] ” [8].

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The TTABlog

JUNE 27, 2023

The Board upheld a refusal to register the product configuration shown below, for pen and pencil holders, concluding that the design is de jure functional under Section 2(e)(5). Furthermore, Applicant’s overall design is dictated by the function it performs — holding a pen, pencil, or other cylindrical writing instrument."

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Design Designs Ownership Design Patent 45

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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LexBlog IP

FEBRUARY 16, 2022

Using NFTs has, in part, allowed digital artists to associate ownership in an original version of their art through the NFT that can be monetized much like the physical paintings or sculptures of artists creating in physical media. Design patents can also apply depending on the goods and circumstances.

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Art Non-Fungible Tokens Intellectual Property Ownership 52

azrights

OCTOBER 27, 2021

Therefore, legal protection needs to be an uppermost consideration when choosing or changing brand codes because legal ownership is fundamental to effective protection of uniqueness of a brand’s identifiers. This initial design registration gave the company a way to preserve the uniqueness of the shape to the Coca Cola brand.

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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. Ownership and Enforcement. Copyright Ownership. The United States.

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Above the Fold

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5]

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SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).

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The TTABlog

DECEMBER 31, 2021

Crowded Field of Third-Party Registrations and Uses Leads to TTAB Reversal of "MATCH STUDIO" Over "MATCH" for Clothing Licensee's Prior Common Law Use Established Priority for "SNORE MD" Mark TTABlog Test: Is "BEDLAM VODKA & Design" for Vodka Confusable With "BEDLAM! & Design" for Beer?

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Larson & Larson

JULY 13, 2023

The owner of a patent has the right to decide who can use the patented invention, and can sue for patent infringement if someone else makes, uses or sells the invention without permission during the patent term. A trademark is a word, phrase, symbol or design that identifies the source of a particular product or service.

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IP and Legal Filings

NOVEMBER 11, 2022

Businesses regularly create articles, photographs, drawings, designs, models, websites, computer software, etc., Though your work is automatically protected by copyright the moment it is created, voluntary registration will provide proof of ownership, which can save you time and money in case of a dispute later on. Conclusion.

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The TTABlog

NOVEMBER 28, 2022

This notion reflects the Board’s earlier decisions that if the term is used as a designation of source (i.e., a trademark) and there is a different varietal designation, the term may be registrable." Thus, when a purchaser asks for any of Applicant’s patented or PVP protected goods, it “has no other name to use but its designated name.”

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IIPRD

FEBRUARY 25, 2022

NFTs have indeed transformed the world of digital assets and ownership, with sales as high as $2.47bn only 6 months into 2021. This is because the storage of a digital version of creations does not designate the title of the creator per se, let alone its trading. Tokenisation and Ownership of Digital Assets under NFTs.

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Patent Trademark Blog

MARCH 18, 2022

Depending upon whether your idea relates to appearance or function, you can file either a design patent application or utility patent application. Here’s a helpful article on filing a utility patent application and another one filing a design patent application. They only protect specific expressions.

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LexBlog IP

MARCH 6, 2024

The Holding Company, LLC, having the appropriate abbreviation “THC,” alleges ownership of intellectual property in a “lifestyle brand” that has “gained traction with young consumers. ” Some of THC’s intellectual property include designs of the terms WHOA!, by themselves.

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Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

These rights provide exclusive ownership and control over intangible assets, allowing creators to protect their innovations from unauthorised use, reproduction, or distribution. Firstly, intellectual property rights grant startups exclusive ownership over their innovative ideas and inventions.

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More Than Your Mark

JULY 16, 2018

Factors to Consider for Patent Term Calculations. 120, 121 or 365(c); timely payment of maintenance fees; terminal disclaimer(s); patent term adjustments under 35 U.S.C. patent term extensions under 35 U.S.C. Thus, the standard patent terms may be reduced by terminal disclaimer(s). The standard term of U.S.

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LexBlog IP

DECEMBER 6, 2021

Non-disclosure Agreements (NDAs) for Ownership. 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”). Non-disclosure Agreements (NDAs) for Ownership.

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IIPRD

OCTOBER 17, 2022

Patent and Trademark Office last year, which it has since checked by way of its Nikeland venture on Roblox and the acquisition of RTFKT. These trademark applications consist of Nike’s logo “just do it” and air Jordan designs. With new advancements in technology, new challenges come forward. Conclusion and Suggestions.

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43(B)log

AUGUST 5, 2021

Standard debate assumes semi omniscience of designer neutrally concerned with social welfare. Bespoke systems are often underutilized by their own designers and outmoded. Examples: Vessel Hull Design Protection Act. For patent, this makes sense of utility, novelty, and lack of independent creation defense.

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Biswajit Sarkar Copyright Blog

MAY 7, 2021

It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain. The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes.

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Biswajit Sarkar Copyright Blog

MAY 7, 2021

It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain. The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes.

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Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain. The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes.

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Technology Patent IP Invention 52

CoCal IP Law Institute

MAY 9, 2022

Non-fungible tokens ("NFTs") - what are they, anyhow? Technically, they are a digital asset. Again, what does that mean? On Monday, May 16, 2022, SoCal IP Law Group LLP partner Marina L. Lang will lead a discussion on defining the nature of these novel digital assets and discuss the growing litigation over whether these assets [.].

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Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Utility and Design Patents. Patents are probably the most confusing aspect of intellectual property, and justifiably so. Design patents.

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Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

6 The potential impact of solid-state batteries on the EV industry in particular is huge, as they hold significantly more energy and charge in less time than traditional lithium-ion batteries, thereby eliminating one of the perceived drawbacks of EV ownership. higher energy density), and more durable than lithium-ion batteries.

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