The IPKat

FEBRUARY 14, 2025

Michelle Bogre and Nancy Wolff (reviewed by The IPKat here ) Best book on Trade Mark Law Research Handbook on the History of Trademark Law Edward Elgar Lionel Bently and Robert G.

Intellectual Property Law 78

Intellectual Property Law Intellectual Property Editing Trademark Law 78

The IPKat

JULY 22, 2022

On 21 July 2022, Member States of the World Intellectual Property Organization (WIPO) approved the convening of diplomatic conferences on designs and genetic resources, no later than 2024. Diplomatic conferences are negotiating rounds where multilateral treaties are adopted or revised.

Design 119

Design Designs Intellectual Property Licensing 119

The IPKat

SEPTEMBER 15, 2022

Kat friend Iana Kazeeva provides an enlightening discussion on steps taken by the Russian government and courts with respect to IP following the invasion of Ukraine. The common denominator is the use of changes to the IP law as a political instrument towards states taking “unfriendly” actions against Russia.

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IP and Legal Filings

JANUARY 27, 2025

For instance, if an AI produces art or designs most similar to other copyrighted art or designs, Equivalence by an AI leads to infringement. Transparent AI Design: Developers should aim for transparency when designing AI systems.

Intellectual Property 101

Intellectual Property Design Designs Licensing 101

Kashishipr

AUGUST 25, 2021

A critical issue to be addressed is whether these limited-edition products can get protection under Intellectual Property (IP) law, just as regular products do, and if yes, then which is the most appropriate form of IP Protection ? Protection for Limited Edition Products under Trademark Law.

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Editing Law IP Design 105

IP and Legal Filings

JANUARY 8, 2025

Introduction Customs law and trademark law operate at a crucial interface when it comes to protecting intellectual property rights (IPRs) and against counterfeiting. The Trademarks Act, 1999, gives trademark protection to the identity of brands.

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Kashishipr

MAY 11, 2022

A trademark refers to a recognizable expression, design, or sign uniquely identifying the products or services of a specific source and differentiating them from those of others. A trademark may be located on the packaging, voucher, label, or the product itself. Judgment of Indian Courts on Color Marks. Case No: A3/2016/3082).

Trademark Law 105

Trademark Law Trademark Law Branding 105

IP and Legal Filings

FEBRUARY 2, 2024

As a result, the rise of hypersensitivity to religion, religious texts, and religious symbols determines the jurisprudence around the utilisation of such marks under Indian trademark law, even if they are not strictly prohibited. Difference Between Trademark and Service Mark. 1] Acharya, M. 2022, February 28). 1999, July 26).

Trademark Law 98

Trademark Law Trademark Law Service Mark 98

The IP Law Blog

NOVEMBER 10, 2022

Hermès is suing an artist for trademark infringement over his series of digital artworks called MetaBirkins. Scott Hervey and Josh Escovedo discuss the case on this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here. Watch this episode here:

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Blogging Artwork Law IP 104

IP Watchdog

AUGUST 4, 2021

On July 29, several IP organizations and one global snack conglomerate filed amicus briefs at the U.S. Court of Appeals for the Third Circuit regarding the definition of “functionality” in trademark law. Court of Appeals for the Third Circuit regarding the definition of “functionality” in trademark law.

Trademark 116

Trademark Trademark Law Design Designs 116

Intepat

MARCH 25, 2025

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. Counterfeit perfumes are unauthorized imitations that not only replicate the scent of a branded perfume but also copy its packaging, bottle design, and branding.

Copying 59

Copying Branding Brands Branding 59

IP and Legal Filings

JUNE 12, 2023

To do this, food firms invest a lot of money in developing and promoting distinctive brands and are increasingly turning to intellectual property (IP) protection as a means of establishing or maintaining their leadership in the industry. IP provides a wide range of tools that can help businesses stand apart from the competitors.

IP 98

IP Intellectual Property Trademark Design 98

The IPKat

OCTOBER 1, 2022

The IPKat is delighted to host the contribution below by Katfriend Felicia Caponigri (IMT Alti Studi Lucca and Fashion by Felicia) on the IP implications of the recent and seemingly already iconic Dolce&Gabbana fashion show at the recent Milan Fashion Week. copyright law.

Copying 97

Copying IP Copyright Law Design 97

The IP Law Blog

DECEMBER 9, 2022

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the trademark and contract issues that Adidas is navigating with shoe designs and related designs in the future. Listen to the podcast of this episode here.

Blogging 98

Blogging Law IP Contracts 98

Likelihood of Confusion

DECEMBER 21, 2024

They tried to use trademark rights as a way to protect the design of their toy and avoid competition. But that is not what trademarks are, much less what they are for. Originally posted 2014-02-26 09:43:40. Republished by Blog Post PromoterWe reported on Lego’s overreaching years ago here and here.

Blogging 97

Blogging Trademark Reporting Design 97

azrights

NOVEMBER 17, 2021

Protectability of brand elements should be considered before finalising branding decisions because there are many rules in trademark law that could result in a chosen brand identifier not being deemed sufficiently distinctive. It’s crucial for them to include an IP strategy as an intrinsic component of strategy.

Trademark Law 52

Trademark Law Trademark Law Branding 52

The IP Law Blog

JANUARY 12, 2023

Understanding the extent of a company’s IP holdings usually starts with what’s known to the company, such as all registered copyrights, trademarks, or patents, domestic and foreign. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Intepat

DECEMBER 4, 2024

However, unconventional trademarks challenge traditional concepts of visual representation, leading to significant complexities in their registration, protection, and enforcement. Their essence lies in unique sensory elements that transcend conventional designs and embody distinctiveness in novel ways. Pawan Kumar case.

Trademark 52

Trademark Intellectual Property Branding Brands 52

CoCal IP Law Institute

JUNE 28, 2024

Colorful Conflicts and Bold Boundaries: A Sampling of Trademark Law in 2024 The first half of the year has seen notable developments in trademark law. These [.]

Trademark Law 52

Trademark Law Trademark Law Registration 52

IP Law 360

APRIL 6, 2022

New York federal judges who are overseeing Nike's suit against resale marketplace StockX and Hermes' case against a Los Angeles designer are on track to be the first to decide whether nonfungible tokens can infringe trademarks for physical goods.

Trademark Law 75

Trademark Law Trademark Law Design 75

IP and Legal Filings

SEPTEMBER 17, 2021

Fashion designers and artists showcase their creative genius through conceptual fashion shows and apparel collections. Since fashion designers, textile manufactures, apparel companies and artists produce creations of the human intellect, Intellectual Property Rights play a significant role in the fashion industry. dollars in the USA.

Designs 97

Designs Design Artistic Work Technology 97

The IPKat

DECEMBER 23, 2023

As a plant intellectual property nerd , this Kat was delighted to get her hands on the new book Intellectual Property and the Design of Nature (Oxford University Press, 2023), edited by Jose Bellido and Brad Sherman. yet this relationship has received very little attention.

Intellectual Property 75

Intellectual Property Design Designs Intellectual Property Law 75

Technology & Marketing Law Blog

MARCH 6, 2024

He sued a print-on-demand service (Sunfrog) over alleged IP violations of his illustrations. If that rings a bell, it’s because just yesterday I blogged on a DIFFERENT fish painter, DeYoung, who also brought an IP lawsuit against a print-on-demand service (Pixels). This plaintiff emphasized copyright law but got little traction.

Copyright 119

Copyright Trademark Law Publishing Copyright Infringement 119

The IPKat

NOVEMBER 4, 2021

Underwood Chair in Law at Vanderbilt University Law School, US. In the introduction, Gervais explains that the approach to discussing IP law reform taken in this edited collection is considering both primary and secondary level reform. And now she has our full attention.

Intellectual Property 141

Intellectual Property IP Ownership Law 141

Technology & Marketing Law Blog

MARCH 8, 2024

[These are my rough-draft talk notes from a recent workshop of trademark law professors.] The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money. Emoji GmbH v.

Trademark Law 111

Trademark Law Trademark IP Blogging 111

SpicyIP

OCTOBER 11, 2022

We’re pleased to bring to you this post by UNH Franklin Pierce, wherein different faculty members at the law school discuss what they see as the emerging spheres of IP law. We asked faculty at UNH Franklin Pierce to predict emerging spheres of IP law. University of New Hampshire Franklin Pierce School of Law.

IP 81

IP Law Intellectual Property Privacy 81

SpicyIP

DECEMBER 2, 2024

Here is our recap of last week’s top IP developments including summaries of the posts on IPO’s patent application rejection of HIV drug Dolutegravir, another judgement in the long-running Section 3(k) saga, this time on the patentability of business methods and the DHC IPD’s Annual Report 2023-24. Read more on this!

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Invention Trademark Reporting Editing 52

SpicyIP

NOVEMBER 18, 2024

Here is our recap of last week’s top IP developments including summary of the posts on Delhi High Court’s order in Dabur v. Other IP Developments Bombay High Court temporarily restrains “Jhampa” from infringing “Campa”‘s trademarks. This and a lot more in this week’s SpicyIP Weekly Review.

Trademark 105

Trademark Cease and Desist Music Copyright 105

IPilogue

OCTOBER 28, 2021

In general, any clothing, including costumes, is not protected by copyright laws. In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. In Pyrrha Design Inc. Scary Issues with Licensing and Trademarks.

Intellectual Property 115

Intellectual Property Design Designs Copyright 115

IP and Legal Filings

JANUARY 31, 2023

It provides an unmatched degree of design and layout possibilities. Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. The players can collect up to 30 NFTs in the game, 10 of which are designed by the artist Beeple [i]. iv] Brooks Kushman, Nike v.

Law 105

Law Branding Brands Branding 105

43(B)log

JUNE 24, 2022

External signifiers of other IP protection? Other IP rights: utility patent creates presumption of functionality; wonders about whether presence of non-TM IP protection for ornamental features—design patent, ©--might create a presumption of mere ornamentality w/o further evidence of source signification.

Trademark Law 75

Trademark Law Law Trademark Registration 75

azrights

MAY 3, 2022

Though many important decisions people make when creating a new brand identity are intellectual property decisions, IP lawyers are rarely involved in the naming and brand creation process. . As a trademark lawyer, I began to ask myself why? This has many undesirable consequences. Becoming Trusted Advisers.

Branding 119

Branding Brands Branding Registration 119

SpicyIP

SEPTEMBER 16, 2024

This decision thus raises questions about the scope of powers granted under the state’s excise laws and their intersection with trademark law. This unclear delineation of responsibility for determining similarity raises important questions about the consistency of such assessments under both excise and trademark laws.

Trademark Law 81

Trademark Law Intellectual Property Registration Trademark 81

IPilogue

OCTOBER 21, 2022

This year, when the t-shirt design for CUGGL was released, the Italian fashion brand Gucci tried to get the trademark cancelled. Gucci argued that CUGGL t-shirts would confuse customers because of the font and style of the design.

Trademark 104

Trademark Branding Brands Branding 104

IPilogue

OCTOBER 19, 2021

Writer, IP Innovation Clinic Fellow,?and Hall Law School. . The design of Hershey’s cone-shaped small chocolate “Kisses” has been a registered trademark with the United States Patent and Trademarks Office (USPTO) since 1996. When it comes to food designs, how far can a trademark go?

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Cease and Desist Branding Brands Branding 105

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

This ruling directly conflicts with the Ninth Circuit’s rule, which says that all state IP claims are preempted by Section 230. While this may sound a little wacky, it makes sense that Section 230 was designed to ensure that Internet services only need to comply with a single national standard as much as possible. About the Case.

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Intellectual Property Trademark Marketing Marketing 144

IP and Legal Filings

SEPTEMBER 12, 2024

FAMOUS CASES OF TRADEMARK INFRINGEMENT 1.Foreign Samsung : This was a case, from 2011 to 2018, where Apple took the word against Samsung, claiming infringement of its smartphone design and utility patents. 2] Adidas vs. The lawsuit raised an understanding of the value of enduring trademarks and the perils of “knock-off” designs.

Branding 98

Branding Brands Branding Trademark 98