The IPKat

JANUARY 25, 2024

By decision of 24 January 2024 ( T-537/22 ), the General Court of the European Union (GC) confirmed the validity of the Registered Community Design (RCD) by Lego A/S (Lego) “Building blocks from a toy building set” by stating that an RCD is invalid only if all its features are excluded from protection. On 2 February 2010 Lego obtained RCD No.

Designs 67

Designs Design Registration Intellectual Property 67

SpicyIP

JUNE 26, 2022

The Finished Article: Essays on Indian Designs Law. I am delighted to take this opportunity to share with the SpicyIP community the release of my book, The Finished Article: Essays on Indian Designs Law (Thomson Reuters, 2022, ISBN-13: 978-9393702173). Eashan Ghosh. Both have historically been the site of some confusion.

Designs 129

Designs Design Law Intellectual Property 129

The IPKat

MARCH 25, 2024

Here’s what Henning writes: Works of applied art – the difference between design and copyright law by Henning Hartwig I. If this qualifying criterion were to be relinquished, design law would ultimately become obsolete. This is the price for the fact that the author can and should create completely without purpose.

Copyright Law 75

Copyright Law Art Designs Design 75

IP and Legal Filings

JUNE 8, 2022

The Designs Act is an act that protects one of the most significant Intellectual Property Rights of a person. Therefore, many acts govern several IPRs one of which includes the Designs Act,2000. Therefore, many acts govern several IPRs one of which includes the Designs Act,2000. The Designs Act, 2000 is one such act.

Designs 96

Designs Design Registration Intellectual Property 96

Kluwer Copyright Blog

FEBRUARY 8, 2023

Therefore, such AI-generated works are said to compete directly with human-authored works and thus might be capable of disturbing the market for low creativity works, which is where apparently many artists nowadays make a living. It would not genuinely guarantee a level-playing field for all players in all Member States in a specific market.

Marketing 107

Marketing Marketing Copyright Copyright Law 107

Patently-O

AUGUST 23, 2021

Obviousness of a design patent is governed by 35 U.S.C. Importantly, the Federal Circuit suggests that the obviousness inquiry should begin with a primary reference whose whose “design characteristics … are basically the same as the claimed design” and that creates “basically the same visual impression.” Design Patent Nos.

Design Patent 90

Design Patent Designs Design Patent 90

Kluwer Copyright Blog

FEBRUARY 8, 2024

This choice may be influenced by the design of the product, the cost of repair or available repairers. One of these measures is the proposal to amend the Design Directive by including a specific repair clause for design protection. Design rights provide protection to the appearance of a (part of a) product.

Designs 68

Designs Design IP Art 68

LexBlog IP

MARCH 21, 2023

Broadly speaking, AI tools can present both incoming and outgoing intellectual property issues. By design, generative AI improves upon its technology by incorporating user prompts in its training data. Those interested in a more general conversation about current AI frameworks can see our article here.

Intellectual Property 59

Intellectual Property Confidentiality IP Copyright Infringement 59

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

Marketing 113

Marketing Marketing Privacy Intellectual Property 113

Patently-O

NOVEMBER 21, 2022

The SoClean device has a compact filter that should be replaced every six-months–creating a nice subscription market. However, instead of barring Sunset from selling its competing products, it prohibited Sunset marketing or advertising its filter in any bare form. But here, presented evidence that was “equivocal, at best.”

Designs 75

Designs Design Registration Trademark 75

Biswajit Sarkar Copyright Blog

AUGUST 11, 2022

What are designs? Designs are the visual features of objects, something that is solely perceived by the eye. In India, Designs are protected under the Designs Act, 2000. Why register a design? The cognitive efforts and the creativity involved in making a design have some value in the eyes of the law.

Designs 52

Designs Design Registration Marketing 52

IP Tech Blog

MARCH 8, 2024

On September 18, 2023, NetChoice, LLC — a national trade association with members from the tech and social media industry — obtained a preliminary injunction from the District Court for the Northern District of California preventing the State of California from enforcing the California Age-Appropriate Design Code Act (“AADC” or the “Act”).

Designs 57

Designs Design Social Media Privacy 57

43(B)log

FEBRUARY 21, 2024

WCT’s app was first released in 2014 for the iPhone and Pebble watch as a metric-tracking cycling app that was designed to “track speed, distance, altitude, and grade.” All of Peloton’s marketing materials that mention the term ‘Bike+’ are also branded with the [Peloton] mark.” He wasn’t aware of any in-app sales since the launch.

Marketing 59

Marketing Marketing Trademark Registration 59

JD Supra Law

DECEMBER 2, 2022

The Trademark Trial and Appeal Board’s recently issued precedential decision dismissing an opposition alleging a likelihood of confusion between the registered mark SMOK and a pending application for the mark SMOKES and Design (below) presents a number of interesting priority issues, including: 1) priority as it uniquely impacts applications for marks (..)

Marketing 52

Marketing Marketing Design Designs 52

The IPKat

MAY 8, 2022

Here's what Hanne writes: Second time is a charm: Danish design company wins plant box war by Hanne Kirk On 22 April 2022, the Danish Eastern High Court handed down its decision in yet another dispute concerning applied art and the question of originality and infringement under copyright law. Its products are sold in more than 60 countries.

Designs 64

Designs Design Art Marketing 64

IP Tech Blog

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

Design Patent 57

Design Patent Designs Design Patent 57

Art Law Journal

APRIL 13, 2022

If you are a non-professional artist who is eager to turn your artistic talents into a career in graphic design, you’ve come to the right place. In this article series, you’ll find valuable information on building and maintaining a career in the creative space, including learning graphic design. What does a graphic designer do? .

Graphic Design 52

Graphic Design Designs Design Art 52

Patently-O

NOVEMBER 21, 2021

So much so that the post-1902 Act regional circuit design patent cases invalidating design patents on functionality grounds would come out oppositely under the Federal Circuit’s lax standards. This commentary presents some of our findings. Before turning to some illustrations, we note that the Compendium of U.S.

Designs 75

Designs Design Copyright Design Patent 75

Technology & Marketing Law Blog

SEPTEMBER 7, 2022

Can the existing UK Age-Appropriate Design Code tell us anything about what AB 2273 might look like in practice? If age authentication isn’t done through a review of the user’s face, then typically users must present documents that authenticate their ages. For more on the bill, see my prior coverage: Op-ed.

Designs 106

Designs Design Privacy Business 106

LexBlog IP

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

Design Patent 52

Design Patent Designs Design Patent 52

IP and Legal Filings

OCTOBER 14, 2022

The COVID-19 pandemic has also acted as an impetus and accelerated the growth of the digital market. Electronic contracts, or “E-contracts,” in the present economy became ubiquitous due to the rapid development of the internet. The post E-Contract India’s present legal framework and next steps first appeared on IPLF.

Contracts 52

Contracts Business Technology Law 52

IP and Legal Filings

JULY 17, 2023

Introduction ABU DHABI GLOBAL MARKET lodged an appeal against the rejection of its trademark registration application contending that the rejection by the Trade Marks Registry was unfounded both in fact and in law, while the respondent centered their objections around the use of a geographical name and the lack of distinctiveness.

Marketing 52

Marketing Marketing Trademark Invention 52

Kashishipr

JULY 20, 2022

Although this may sound quite encouraging and motivating for those with original ideas, many famous brands out there are accused and widely recognized for being copycats in the market and, unfortunately, making a lot of money. The stories feature on Instagram is the same as that of its rival and competitor in the market, Snapchat.

Branding 52

Branding Branding Brands Marketing 52

43(B)log

AUGUST 29, 2024

26, 2024) The parties compete in the hand-held gardening tool market. Unsurprisingly, this is a former employee case with many different claims, most of which I will ignore, including design patent claims that fail because no reasonable jury could find the protectable elements confusingly similar in light of the prior art.)

False Advertising 59

False Advertising Advertising Advertising Design 59

43(B)log

NOVEMBER 27, 2023

Marketing, Sales Practices & Products Liab. SoClean is a dominant player in the market for medical devices that sanitize continuous positive airway pressure machines (CPAPs), which treat sleep apnea and respiratory conditions. And, they continued, SoClean was illegally marketing its devices. In re SoClean, Inc.,

Advertising 59

Advertising Advertising Marketing Marketing 59

LexBlog IP

APRIL 25, 2022

art market, the Report concluded that there was no immediate need to impose new regulations on the art market to combat money laundering and terrorism finance. Yet the Report also discussed how the art market remains susceptible to money laundering and describes how market participants can minimize this risk. Background.

Art 52

Art Marketing Marketing Due Diligence 52

LexBlog IP

APRIL 15, 2022

When Christie’s Auction House first entered the secondary art market of mainland China in 2005, it licensed its brand to a local auction house and received a total of RMB 97,000,000 (roughly $12,100,000) for its inaugural sale. [1] A relaxed regulatory environment helps explain the enormous growth of the Chinese art market.

Art 52

Art Marketing Marketing Artwork 52

Kluwer Copyright Blog

FEBRUARY 21, 2022

Status-conferring new designs are being launched bi-annually, during the Autumn/Winter and Spring/Summer fashion shows, to meet the needs of our capitalistic society. By becoming readily available, while decreasing in price over time, the once exclusive designs, that only few ‘status-seeking’ consumers could afford, become widely purchased.

Designs 52

Designs Design Copyright Branding 52

SpicyIP

FEBRUARY 5, 2024

He gave a fantastic and very informative presentation on this area, which I’d highly recommend, explaining the larger role of the US and China in the global semiconductor market.The presentation ended with a slide from where my search began. The heading of the last slide said ‘Key to Success is Innovation and IP’.

IP 98

IP Designs Design Intellectual Property 98

Dragons' Den

FEBRUARY 1, 2024

From a hair care revolution to dental hygiene for cats, the Den saw a variety of presentations, each with their own unique challenges and opportunities. We decided to have patents in as many markets as possible. When it isn't possible or cost effective to patent an invention, design registration may be the solution.

Blogging 64

Blogging IP Intellectual Property Design 64

The IPKat

JULY 7, 2022

Concern is often expressed that design rights that are limited in time may be unduly extended in perpetuity through trade mark registrations and thus extended to create a monopoly for a particular shape. Therefore, the present rectangular shape was merely a slight variant of those shapes present on the market.

Marketing 110

Marketing Marketing Registration Design 110

The IPKat

AUGUST 30, 2024

AGA also alleged that the control panels fitted by UKIG to the eControl Cookers infringed the copyright in its design drawing for the control panel of its own electronically controlled AGA Cookers. Section 12 is derived from Art.7

Artistic Work 56

Artistic Work Design Designs Marketing 56

The TTABlog

MAY 16, 2024

Emler applied to register a product configuration for motorcycle mufflers, and particularly only "the slanted line at the connection between the canister portion of the muffler" and the outlet end cap, which Emler refers to as a "Slashcut" design. Therefore, the relevant consumers include all motorcycle riders and owners.

Design 54

Design Designs Registration Marketing 54

The TTABlog

SEPTEMBER 27, 2024

that “consumers are likely to pronounce [Registrant’s] I LOVE NY Marks [as I LOVE NEW YORK] because that’s how the extremely popular and widespread marketing campaign pronounces, and has always pronounced, the I LOVE NY Marks.” TTABlogger comment: What if the you replaced the flower design with the N.Y. Applicant argues.

Registration 51

Registration Designs Design Marketing 51

The IPKat

OCTOBER 29, 2024

This case concerned an application for revocation against one of Baccarat's EUTMs designating footwear and textiles. Baccarat's EUTM That said, the Division proceeded by analysing the evidence of use for each category of goods designated by the EUTM. Period of use In the present case, the EUTM was registered on 24 January 2007.

Design 56

Design Designs Marketing Marketing 56

The IPKat

AUGUST 17, 2022

The quest for practical and entertaining cases often raises various dilemmas with companies: they are forced to come up with new and quirky solutions in an ever-growing competitive market where children are also in focus. These had been circulating on the market since, at least, 2017.

Registration 90

Registration Design Designs Marketing 90

IP and Legal Filings

MAY 10, 2024

Further Trademarks Act, 1999 and Designs Act, 2000 allow licensing of trademarks and designs respectively. Likewise, IP marketing plays a pivotal role, markets are identified where usage of technology is exchanged or transferred by recognizing prospective stakeholders. link] Transferring Technology from Lab to Market.

Intellectual Property 105

Intellectual Property Technology Licensing Invention 105