The IPKat

MARCH 16, 2023

Unitary character of EUTMs and designs The notion of unitary right (or “unitary character”) comes from EU trade mark (EUTM) and design law. 1(3) Design Regulation. The unitary character of EUTMs and designs is embodied at the levels of both protection and enforcement. 80-81 Design Regulation. Following Art.

Art 129

Art Design Designs Litigation 129

Patently-O

OCTOBER 18, 2022

The USPTO is seeking comment on two proposals that would expand the scope of who may become a “patent attorney” Expanding admission criteria for registration to practice in patent cases before the USPTO. It also asks whether there should be a separate bar for design patent practitioners.

Design Patent 58

Design Patent Design Designs Litigation 58

Patently-O

NOVEMBER 21, 2022

Litigation ensued. With the trademark registration in-hand, the district court partially granted SoClean’s motion for preliminary injunction. Here, however, Federal Registration serves as prima facie evidence of validity. Sunset sells a generic version of the same filter.

Design 75

Design Designs Registration Trademark 75

Copyright Lately

OCTOBER 20, 2024

A good example comes from a case I litigated years ago on behalf of Costco. The Bottom Line During the course of the litigation, Skiplagged stopped using American’s flight symbol logo on its website. Instead, “Omega sought to exert control over its watches, control which it believed it could not otherwise exert.”

Copyright 83

Copyright Fair Use Social Media Business 83

Plagiarism Today

OCTOBER 26, 2021

First, design elements that are “physically or conceptually separate” from the article can be protected. The name Beetlejuice, for example, has multiple registered trademarks related to it including registration number 4863369, which covers the use in “Clothing for men, women and children…”.

Trademark 279

Trademark Copyright Cease and Desist Copying 279

Technology & Marketing Law Blog

MARCH 15, 2022

Fuxi, the putative copyright owner, has a registration for an image of printed sage leaves (the left image): The alleged infringer, the Sunny Factory, sells the candles on the right on Amazon. That’s by design–the DMCA was designed to resolve matters outside of court. Defamation. ” This is clearly wrong.

Copyright 134

Copyright Fair Use Cease and Desist Litigation 134

LexBlog IP

MAY 3, 2022

Like the United States, China offers protection for 2D and 3D designs of products and packaging, which is often known by U.S. Before diving into details, the chart below illustrates how 2D and 3D designs are protected as different IP rights in China. Protection of 2D Designs. Protection of 3D Designs. Trademark.

Design 52

Design Designs Trademark Intellectual Property 52

IP and Legal Filings

MARCH 11, 2025

The Trademarks Act, 1999 intends to interfere and offer some remedies so disputes can be sorted either on the ground of registration or infringement or even grounds of validity. An individual who has a right to be aggrieved can go for cancellation of the registration in person. Diesels Ltd. ,

Trademark 52

Trademark Registration Litigation Trademark Law 52

The IP Law Blog

JULY 14, 2022

Ohio State University recently made Intellectual Property headlines by managing to procure a trademark registration for the word THE. The registration procured by Ohio State covers t-shirts, caps, and hats. With that in mind, we can return to the significance of this registration.

Trademark 97

Trademark Registration Intellectual Property Television 97

Olartemoure Blog

SEPTEMBER 2, 2022

09/01/22 – Litigation and ADR. In other words, pre-litigation mediation had never been requested to present a nullity action. The Delegation for the Protection of Personal Data is investigating the alleged request for sensitive information without the authorization of the owners or the requirements of the regulation.

Intellectual Property 105

Intellectual Property Registration Business Trademark 105

SpicyIP

JANUARY 23, 2023

The Battle Between Moderna and Pfizer/BioNTech Continues The litigation surrounding mRNA patent thickens in the USA as Pfizer/ BioNTech files defence and counterclaims against the patent infringement allegations made by Moderna. Read SpicyIP intern Gaurangi ‘s post on this development. Case: Kabushiki Kaisha Toshiba vs Asstt.

Design 105

Design Designs Invention Registration 105

LexBlog IP

JANUARY 11, 2023

Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Registration of a Mask Work. Understanding Mask Work.

Registration 40

Registration Design Designs Copying 40

SpicyIP

JANUARY 26, 2025

Discussing this development in light of ongoing litigations concerning rare diseases treatments, Md Sabeeh Ahmad writes on accessibility of these drugs and whether Section 100 is a viable solution for the problem. Lokesh Vyas dwells on these questions in his post in the aftermath of SRAIs registration!

Trademark 59

Trademark Art Registration Business 59

Kashishipr

MARCH 2, 2022

Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. You may see your trademark rights getting diluted and possibly canceled through litigation.

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

The TTABlog

JUNE 26, 2024

Frequent TTAB litigant Monster Energy lost another one at the TTAB, this time on summary judgment. It sought cancellation of a registration for the mark PREDATOR & Design , issued in 2017, for soft drinks and energy drinks made with natural ingredients, claiming lack of bona fide intent and abandonment. created a U.S.

Design 56

Design Designs Registration Social Media 56

The IPKat

JANUARY 1, 2025

He kept readers informed about the latest developments in trade marks, designs, AI, and copyright law. The registration form is available here. The registration deadline is one day before each webinar. Kevin Bercimuelle-Chamot joined the IPKat as an InternKat at the start of 2023 and then continued as a GuestKat.

Ownership 62

Ownership IP Registration Intellectual Property 62

IP Tech Blog

JANUARY 22, 2024

Among other things, the Initiative’s portal compiles registration decisions for AI-generated materials. Particularly instructive is a December 11, 2023 decision by the Copyright Review Board affirming the denial of registration to an AI-generated artwork. does not contain enough original human authorship to support a registration.”

Registration 62

Registration Art Copyright Editing 62

Technology & Marketing Law Blog

JUNE 6, 2022

Key Design Features of the CCB. Registrations Aren’t Needed Upfront. Copyright owners must have a copyright registration or denial in hand before initiating a federal court case. A CCB case, in contrast, can be initiated after filing a registration application. Pleading Standard. Implications.

Copyright 142

Copyright Registration Settlement Law 142

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.

Intellectual Property 84

Intellectual Property Design Patent Law Design 84

IP and Legal Filings

MARCH 24, 2023

The Plaintiff is in the process of constructing the “Burj Noida” tower and owns several copyright registrations for BURJNOIDA, including for the shape of the planned building, as well as a trademark registration for. The notion of separation of powers is partially threatened by this “end justifies means” strategy.

Registration 98

Registration Trademark Copyright Infringement Copyright 98

SpicyIP

NOVEMBER 9, 2021

3D printing has the potential to grow in all manufacturing segments including Aerospace & Defence and public sectors revolutionizing product design and on-location manufacturing globally. Mr. Jagadeesh Kumar, Divisional Manager-Legal(IPR, Technology, Licensing & Product Litigations), Ashok Leyland Limited. Time: 3 pm- 4.30

Intellectual Property 105

Intellectual Property IP Technology Registration 105

LexBlog IP

MARCH 9, 2023

The highly anticipated jury verdict in the Hermès litigation over MetaBirkins NFTs has some important takeaways for both artists and sellers of NFTs as well as brand owners. They include anything that can act as a source-identifier, including, in this case, the design of the Birkin handbag. ” ( Id. at *17-18.) ” ( Id.

Litigation 52

Litigation Artistic Work Brands Branding 52

SpicyIP

MAY 10, 2023

Deputy Controller of Patent and Designs : Emphasis on a speaking order by the Controller The dispute pertained to Patent Application no. Deputy Controller of Patents and Designs , Auckland Uniservices Limited v. Assistant Controller of Patents and Designs , N.V. Controller of Patents and Designs. Rosemount Inc.

Trademark 126

Trademark Invention Patent Art 126

JD Supra Law

DECEMBER 15, 2023

successively operated hotels with the brand name “威斯汀 (Wei Si Ting – Westin in Chinese)” in Shanghai, Beijing, Guangzhou and other cities, and prominently used the “威斯汀 (Wei Si Ting – Westin in Chinese)” and “WESTIN” marks (Registration Nos. (“Westin L.P.”) The hotels operated by Westin L.P. By: Linda Liu & Partners

Trademark 70

Trademark Registration Brands Branding 70

SpicyIP

SEPTEMBER 11, 2023

Nidhi Raman, the learned Central Government Standing Counsel, to seek guidance from the Office of the Controller General of Patents, Designs, and Trademarks ( CGPDTM ) regarding the apposite manner of regulating such agents and submit them in the next hearing. Though his registration was later restored.

Government 105

Government Trademark Patent Patent Application 105

IP and Legal Filings

DECEMBER 13, 2024

It concerns with the registration and protection of trademarks for products and services alike from being used deceptively, false marks. The rectification petition was filed, after defendants changed their packaging and got trademark registration for the new brand, KWIKHEAL.

Trademark 98

Trademark Brands Branding Branding 98

IP Law 360

MAY 23, 2024

Patent and Trademark Office that would potentially "designate nonregistered practitioners" to litigate at the Patent Trial and Appeal Board, with some urging the agency to let nonpatent lawyers argue there, while others warn it could "dilute the importance of the registration process."

Registration 52

Registration Litigation Design Designs 52

LexBlog IP

AUGUST 18, 2023

An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US. Has the Chinese Patent linkage framework worked as designed? Ltd. (“Chugai v.

Litigation 52

Litigation Patent Intellectual Property Brands 52

CopyrightsWorld

FEBRUARY 17, 2021

Even though it is not mandatory, copyright registration provides valuable legal protection. It can help you mitigate the risk of expensive and timely litigation, whether you are a claimant or a defendant, as you have proof of ownership. The best method to apply watermarks is that of randomised digital watermarking.

Copyright Notice 98

Copyright Notice Ownership All Rights Reserved Copyright 98

SpicyIP

SEPTEMBER 11, 2023

Tejaswini writes on this order by the Division Bench and its subsequent acknowledgment by the court, highlighting how this order can correct the practice of granting unfair ex parte ad-interim interim injunctions in Trademark litigation disputes. Preliminary Exams for the Recruitment of Patent and Designs Examiners Cancelled!

Registration 105

Registration Trademark Copyright IP 105

LexBlog IP

MARCH 6, 2023

1] Similarly, a Colorado court found the illegality doctrine did not bar a design patent infringement suit involving a TOKER POKER hand tool [2]. The Court found the patented design was for a product traditionally used with tobacco even though it could be used with cannabis. 23, 2022). [1] Lifted Ltd., Novelty, Inc. , and Lifted Ltd.,

Litigation 52

Litigation Patent Design Patent Intellectual Property 52

SpicyIP

JANUARY 16, 2023

In an ongoing litigation, the Delhi High Court will decide whether the government can refuse to disclose its collaboration agreements and investments in developing and procuring the COVID-19 vaccine, Covaxin. Communication of conceptual design to the public will not mean prior publication of the design, clarifies Delhi High Court.

Trademark 102

Trademark Design Designs Registration 102

The TTABlog

SEPTEMBER 11, 2023

Frequent TTAB litigant Monster Energy Company lost another one. The wording “MAD MONSTER” personalizes the general idea of a monster and changes it, with assistance from the alliteration and, for the design marks, the portraiture, into a specific character.

Music 78

Music Design Designs Registration 78

The IPKat

NOVEMBER 24, 2022

While many of our readers will be shopping over the weekend, this Kat has prepared a post on the German “Black Friday” litigation to keep you company while you’re queuing. Several of the recipient companies filed actions with the DPMA to invalidate the registration. 8(2)(1) German Trade Mark Act ), descriptiveness (Sec.

Registration 117

Registration Advertising Advertising Art 117

The TTABlog

FEBRUARY 28, 2024

Frequent TTAB litigant Monster Energy Company got mugged in this opposition to registration of the mark shown immediately below, for mugs and plates. Bona Fide Intent: The Board observed that starting a small business to make and sell plates and mugs printed with designs "is not rocket science." UNLEASH THE NITRO BEAST!

Design 49

Design Designs Registration Business 49

Chicago IP

OCTOBER 21, 2022

However, that program was not originally designed to compute PTA and, given the complex rules governing the calculation, it makes mistakes. 121 have been litigated as of 2016. I observed this glitch in 2,618 patents, 21 of which have been litigated as of 2016. If the error is detected during litigation, defendants have options.

Litigation 52

Litigation Patent Registration Confidentiality 52

LexBlog IP

OCTOBER 21, 2022

However, that program was not originally designed to compute PTA and, given the complex rules governing the calculation, it makes mistakes. 121 have been litigated as of 2016. I observed this glitch in 2,618 patents, 21 of which have been litigated as of 2016. If the error is detected during litigation, defendants have options.

Litigation 52

Litigation Patent Registration Confidentiality 52