Technology & Marketing Law Blog

APRIL 28, 2023

Despite the California Legislature’s blunder last year with AB 2273 (the Age Appropriate Design Code), many states, including Minnesota, are stubbornly pushing for nearly identical laws. This year is a glaring reminder of the consequences of passing terrible Internet policy through state legislatures.

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Design Designs Copying Blogging 133

The IPKat

MARCH 25, 2025

There are quite a few punch lines to this question, sadly none has been mentioned in a recent judgment from the General Court involving the design of a light bulb and the interpretation of Art. 7(2) Community Design Regulation (CDR). Liquidleds) obtained registered Community design (RCD) no. Interpretation of Art.

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Art Designs Design Intellectual Property 59

IIPRD

MARCH 13, 2025

All the creations of the human minds such as designs, inventions, artistic works, names, symbols, etc. For example, the Tata Nanos rear-engine design and lightweight body structure is patented by Tata Motors. For example, the shape of Coco-Cola bottle is registered as an industrial design. It is governed by the Patent Act, 1970.

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Intellectual Property Registration Designs Design 83

Plagiarism Today

OCTOBER 13, 2022

Those arguments were described as “lively” with justices examining both the transformative nature of the works involved but also looking into how both competed for the same market, namely illustrating articles about Prince in magazines. 2: Textile Designer Sues Zulily for Copyright Infringement.

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Cease and Desist Copyright Infringement Licensing Fair Use 246

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. the effect of the use upon the potential market. the purpose and character of your use.

Copyright Infringement 98

Copyright Infringement Copyright Web Design Fair Use 98

SpicyIP

FEBRUARY 4, 2025

Mahindra, Tanishka Goswami analyzes the Court’s findings on the importance of house marks in infringement assessment, and the nature of the relevant market. In pursuance of its goal to accelerate EV adoption, it developed a new vehicle design and coined the same EZIO. Explaining the recent Delhi High Court decision in Gensol v.

Trademark 107

Trademark Marketing Marketing Trademark Law 107

IP and Legal Filings

FEBRUARY 17, 2025

The Indian sports market, especially is a ground for rapid growth, with a die-hard fan base, and an ever-growing hunger for more, the market of sports is at the top of its game. Almost every facet of the sports industry is now being tapped into and marketed and Intellectual Property are valuable assets for these marketing tactics.

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Intellectual Property Law Intellectual Property Law IP 90

The IPKat

MARCH 11, 2025

Birkenstock has tried to protect and enforce its iconic sandal design using almost all intellectual property rights available. Their trade marks for the sole pattern design were cancelled because they lacked distinctiveness (General Court, case T-365/20 and T-579/14 ). R1002/2023-3 and R2499/2022-3 ) or, for older models, expired.

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Copyright Art Designs Design 71

Plagiarism Today

AUGUST 23, 2022

However, NFTs were never designed for this purpose. Some blamed artists for not jumping on the bandwagon fast enough, but those infringers were always going to be there, especially in a boom market, and they would always outnumber the legitimate creators. This is especially true now that the NFT market has shrunk so profoundly.

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Copyright Ownership Intellectual Property Technology 279

IP.com

NOVEMBER 25, 2024

With its intuitive design, InnovationQ simplifies data analysis, enabling users to review search results and document previews side-by-side, accelerating decision-making in competitive research and defensive publishing. “With InnovationQ, we’re raising the bar for prior art search technology.

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Art Technology Intellectual Property Management Intellectual Property 92

The IPKat

JANUARY 20, 2025

Specifically, the decision tackles the: 1) protection of a non-conventional trade mark such as an (unregistered) colour combination mark; 2) protection of a specific font as either a copyright work or as an unregistered design; 3) cumulation of multiple IP rights on a single product.

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Non-Fungible Tokens Designs Design Public Use 69

Plagiarism Today

DECEMBER 12, 2022

Next up today, Ernesto Van der Sar at Torrentfreak writes that the European Commission has released its latest Counterfeit and Piracy Watch List , and it adds the names of Mega, FMovies and DDos-Guard to its list of “notorious markets.” However, the court ultimately disagreed, saying that such protection is not warranted.

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Music Licensing Reporting Plagiarism 246

Kluwer Copyright Blog

MARCH 30, 2025

Image by wowbee from Pixabay In a decision of 20 February 2025 the German Federal Supreme Court (BGH) denied copyright protection as a work of applied art for two sandal designs. Ruling The BGH found that the Birkenstock models could not be classified as works of applied art, but merely as designs.

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Copyright Art Designs Design 52

TorrentFreak

NOVEMBER 8, 2024

Promoting and encouraging use of these tools, which are designed to circumvent Nintendo’s technical measures, amounts to marketing infringing devices, in breach of the DMCA’s anti-circumvention provisions. Nintendo seeks $2,500 for each instance of trafficking. Nintendo seeks $2,500 for each instance of trafficking.

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Copying Copyright Law Technology Copyright 127

Intepat

MARCH 13, 2025

Architectural designs came to be recognised as a form of intellectual property capable of protection after the 1908 Amendment to the Berne Convention, 1886. This inclusion was crucial in recognising and protecting the rights of architects over their architectural designs and works.

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IP Designs Design Artistic Work 52

TorrentFreak

FEBRUARY 13, 2025

In a recent report, RIAJ Chairman and Sony Music Entertainment CEO Shunsuke Muramatsu said that 2024 marked the 11th consecutive year of growth in the domestic market. In common with Western markets, streaming is the driving force. Somehow, Japan’s love affair with the CD is still producing steady sales too.

Music 86

Music Marketing Marketing Reporting 86

Kluwer Copyright Blog

MARCH 30, 2025

Image by wowbee from Pixabay In a decision of 20 February 2025 the German Federal Supreme Court (BGH) denied copyright protection as a work of applied art for two sandal designs. Ruling The BGH found that the Birkenstock models could not be classified as works of applied art, but merely as designs.

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Copyright Art Designs Design 52

Technology & Marketing Law Blog

NOVEMBER 16, 2024

An obvious question: why did the plaintiff choose federal court over the CCB when the CCB was designed precisely for the facts of this case? Whatever the reason, this case’s adjudication in federal court and very low damages award is partially an indictment of the CCB’s failure to occupy the niche it was designed to address.

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Copyright Settlement Licensing Litigation 102

Plagiarism Today

OCTOBER 19, 2022

First off today, Ernesto Van der Sar at Torrentfreak writes that the RIAA has submitted its recommendations to the United States Trade Representative (USTR) regarding international notorious markets for piracy. The Notorious Markets report is an annual report by the USTR that identifies international markets that enable piracy.

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Copyright Notice Music Reporting Copyright 244

Indiana Intellectual Property Law

FEBRUARY 3, 2025

Green Leaf’s various word marks and a design mark are registered in the United States Patent and Trademark Office under Nos. According to the complaint, Green Leaf has consistently used its registered United States federal trademarks, Green Leaf and TerreMax, to identify its products in commerce. 2,642,074 , 6,901,382 and 2,642,068.

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Trademark Marketing Marketing Litigation 52

Plagiarism Today

FEBRUARY 10, 2022

This market has been described repeatedly as a scam. His name alone means that his work commands high dollar amounts on the market, and those that have invested in him have every incentive to make sure it stays that way: Plagiarism or not. In the case of the art market, those two entities are largely the same. Bottom Line.

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Plagiarism Art Marketing Marketing 279

Intepat

MARCH 25, 2025

Several luxury brands, including Tom Ford, Chanel, and Dior, annually invest millions into developing and marketing their signature perfumes. These products are essentially replicas of luxury or designer fragrances, crafted to mimic the scent profile of high-end perfumes at a fraction of the cost. billion in 2025.

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Copying Branding Brands Branding 59

The IPKat

FEBRUARY 22, 2025

In many cases, manufacturing IP may be easy for any potential competitor, generic or biosimilar company to design around. It is challenging for generics and biosimilars to design around a drug substance patent, given that regulatory approvals are tied to the drug substance itself.

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IP Invention Art Design 64

TorrentFreak

NOVEMBER 19, 2023

StreamSafely: How it All Began The people who came up with the StreamSafely campaign and still run it today are collectively known as Ctam Cable Marketing Association Inc. , As the current member list shows, cable marketing has considerable scope. or CTAM for short. ” Under the heading The Cable Industry v. million expenses, $1.1

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Marketing Marketing Privacy Intellectual Property 127

The IPKat

OCTOBER 14, 2024

Such conduct generated exploitative effects by excessive pricing towards users as well as exclusionary effects towards SGAE’s competitors, representing a barrier to entry into the market for collective management as well as the market for licensing of copyright-protected works for other CMOs or independent management entities (IMEs).

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Contracts Music Licensing Art 64

Dragons' Den

FEBRUARY 13, 2025

Its certain that none of us enjoy putting a soggy brolly back into our bags, and Gilley promises a solution to these common issues with its wind-proof design thats also less prone to loss thanks to its hard, moisture-wicking case. Or left out to dry and forgotten in the corner of a restaurant?

Blogging 52

Blogging IP Intellectual Property Designs 52

Indiana Intellectual Property Law

NOVEMBER 12, 2024

Novartis is a Swiss pharmaceutical company known for developing innovative medicines and therapies, particularly in the radiopharmaceutical market. Because PNT2002 describes similar conjugates and methods to treat the same kind of cancer (prostate) that Pluvicto is designed to treat, Novartis alleges direct competition with their product.

Patent 52

Patent Marketing Marketing Designs 52

Olartemoure Blog

MAY 7, 2024

In the competitive market, protecting the packaging design of products is highly important. How can I protect designs with copyrights? How can I protect designs with patents? Design patents guard your innovations against imitation for up to 15 years depending on the jurisdiction of protection.

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IP Intellectual Property Design Patent Designs 105

IIPRD

JANUARY 22, 2025

To determine whether the use constitutes fair use or not is determined based on a number of factors like if they primarily include the purpose and character of the use, the nature of the copyrighted work, the amount used, and the effect on the market for the original work. Another important factor is market effect. Google, Inc.

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Fair Use Intellectual Property Derivative Work Copyright Law 95

Plagiarism Today

JANUARY 11, 2023

The original lawsuit was filed against luis Fonsi, the original performer of Despacito , alleging that the hit song made an unlawful use of their 1989 riddim entitled Fish Market (better known as Poco Man Jam ). Now that lawsuit has expanded drastically to include dozens of performers and others connected with the genre.

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Reporting Plagiarism Branding Brands 246

Indiana Intellectual Property Law

FEBRUARY 24, 2025

Smartish claims that Scooch has been selling mobile phone cases that closely resemble Smartishs distinctive designs, particularly those from its popular “ Wallet Slayer ” series. According to the Complaint, Smartish, based in Austin, Texas , has been designing and selling mobile phone cases since 2011.

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Designs Design Advertising Advertising 52

TorrentFreak

DECEMBER 15, 2024

As MPA member Sony attracts attention for its continued expansion into both the manga and anime markets, including its recent interest in the acquisition of publishing giant Kadokawa, synergies between the companies will likely be in focus as the weeks unfold. Acting on behalf of members Toei Animation Co., and Bandai Namco Filmworks Inc.,

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Cease and Desist Reporting Advertising Advertising 104

IP Watchdog

JUNE 25, 2024

Amarin claimed Hikma induced infringement of its “icosapent ethyl” product, an ethyl ester of an omega-3 fatty acid commonly found in fish oils, marketed as Vascepa. District Court for the Western District of Texas Judge Alan Albright was sitting by designation on the CAFC panel.

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Marketing Marketing Designs Design 111

Plagiarism Today

AUGUST 12, 2021

The 91-page report is part of an ongoing legal battle between Harrison/Erickson, a design firm that created the original Phanatic, and the Philadelphia Phillies baseball team. Billion Illegal Piracy Market, Report by Digital Citizens Alliance and White Bullet Finds. 3: Advertising Fuels $1.34 billion annually through advertising.

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Advertising Advertising Reporting Licensing 246

Plagiarism Today

SEPTEMBER 14, 2022

Next up today, Judy Harrison at the Bangor Daily News reports that Maine costume designer Ellen Okolita has filed a lawsuit against Walmart, Amazon and eBay alleging that the three sites are unlawfully using photos and descriptions of her costumes on their site.

Copyright Infringement 246

Copyright Infringement Reporting Plagiarism Licensing 246

The IPKat

JANUARY 23, 2024

Regulation, Innovation and Competition in Pharmaceutical Markets, by Margherita Colangelo. The winner is: EU Trade Mark Law and Product Protection: A Comparative Analysis of Trade Mark Functionality (Routledge) by Lavinia Brancusi Best Book on Design Law The nominations were: • Australian Design Law and Practice, by Tyrone Berger.

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Intellectual Property Intellectual Property Law Moral Rights Editing 133

Nelligan Law

JANUARY 27, 2025

Nike, the footwear powerhouse, has stepped up as the self-appointed referee, claiming Ciambrones custom designs are playing too close to their trademarked goalposts. Nikes lawsuit alleges that the Shoe Surgeons custom designs infringe on their trademark rights. The question of consumer confusion takes center stage in this case.

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Blogging Intellectual Property Designs Design 52