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

TorrentFreak

NOVEMBER 8, 2024

Leaked games (sometimes referred to as ‘prerelease games’) are copyrighted video games which Nintendo has not yet publicly released,” the complaint begins. “Defendant is a recidivist pirate who has obtained and streamed Nintendo’s leaked games on multiple occasions.

Copying 124

Copying Copyright Law Technology Copyright 124

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 98

Designs Design Registration Intellectual Property 98

Technology & Marketing Law Blog

DECEMBER 9, 2022

Someone has referred you here because you’ve said something wrong about the laws related to web scraping in the United States. You’ve Been Referred Here Because You’re Wrong About The First Amendment.” The prior part explained the most recent ruling, a devastating but not unexpected loss for hiQ. Don’t worry! You’re not alone.

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Blogging Law Contracts Cease and Desist 131

Technology & Marketing Law Blog

SEPTEMBER 16, 2022

The California Age-Appropriate Design Code (AADC / AB2273, just signed by Gov. The Ninth Circuit just explained : The time it takes for a site to load, sometimes referred to as a site’s “latency,” is critical to a website’s success. Prior AADC coverage : Some Memes About California’s Age-Appropriate Design Code (AB 2273).

Designs 119

Designs Design Privacy Business 119

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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IIPRD

JANUARY 22, 2025

One such legal issues is what is referred to as “fair use,” which becomes particularly problematic in the context of the copyright law. Another important factor is market effect. This, however, would depend on how the elements are qualified, the amount of material that is used, and its potential on the market.

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Fair Use Intellectual Property Derivative Work Copyright Law 95

The IPKat

JANUARY 5, 2022

Green Label (of 23 August 2021), the BOA ruled that vacuum cleaner bags enjoy design right protection, overturning a previous decision by the Invalidity Division. Background of the case In 2008, Miele successfully registered a Community Design (‘CD’), consisting of a depiction of a vacuum cleaner bag, one of which is shown below.

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Designs Design Public Domain Advertising 111

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 103

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.

Copying 59

Copying Brands Branding Branding 59

IP and Legal Filings

JULY 28, 2022

70% of the funds received from the allottees for the real estate project from time to time must be put in a separate account to be kept in a designated bank to pay the cost of construction and the cost of the land, and must only be used for that purpose. References: [1] The Real Estate (Regulation and Development) Act, 2016 Act no.

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Registration Government Reporting Marketing 98

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.

Copyright 52

Copyright Art Design Designs 52

Plagiarism Today

MAY 17, 2022

Dubbed DeviantArt Protect and Launched in July 2021 , the system was originally designed to help artists detect duplicates or near-duplicates of their images on the internet. This is mirrored by an ongoing crash in regular crypto markets , that’s seen many of the currencies lose significant portions of their value. Bottom Line.

Copying 264

Copying Non-Fungible Tokens Plagiarism Licensing 264

43(B)log

MAY 19, 2023

Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform. Looking at the side by side pictures in the complaint, this is a bit hard to swallow, but the evidence of copying/references to Roblox clearly bleed over from the TM side.

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Copying False Advertising Social Media Advertising 94

The IPKat

DECEMBER 29, 2021

The European Commission’s Directorate-General for Taxation and Customs Union ( DG TAXUD ) and the European Union Intellectual Property Office ( EUIPO ) recently released the first joint annual report on EU enforcement of intellectual property rights: results at the EU border and in the EU internal market 2020.

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Reporting Intellectual Property Marketing Marketing 130

Patently-O

JANUARY 13, 2023

My 2015 article, The Patented Design , was mentioned several times during the argument. In that article, I argued that a design patent’s scope should be limited to the design as applied to a specific type of product. Sarah Burstein, The Patented Design , 83 Tenn. The asserted design patent, U.S.

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Design Patent Designs Design Patent 75

Technology & Marketing Law Blog

MARCH 18, 2022

It will also inspire plaintiffs to bring more negligent design claims against Internet services–a looming tsunami of litigation. The Ninth Circuit reversed, saying that the plaintiffs could plead around Section 230 by alleging defective design. I’ve blogged that case three times as well, in Feb. What the Court Said.

Designs 97

Designs Design Litigation Blogging 97

Technology & Marketing Law Blog

OCTOBER 16, 2023

We’ve seen a flood of terrible Internet laws in the past few years, including the California Age-Appropriate Design Code (AADC). The court says the impact assessments don’t require businesses to look at service design configurations or to mitigate any identified risks, so they aren’t likely to advance the state’s child welfare goals.

Designs 109

Designs Design Privacy Business 109

Intepat

JUNE 13, 2024

Introduction Design piracy, particularly in the context of registered designs, poses significant challenges in today’s industrial landscape. According to the Indian Design Act of 2000, only those designs that are functional or used as artistic or property marks are not eligible for protection.

Designs 52

Designs Design Brands Branding 52

IPilogue

NOVEMBER 10, 2021

DBrand , a Canadian accessories company notorious for its tongue-in-cheek marketing, taunted Sony earlier this year after launching an unofficial Sony PlayStation 5 (“PS5”) product. DBrand is apparently aware of Sony’s efforts to suppress these custom products, as they marketed their Darkplates with the tagline “Go ahead, sue us.” .

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Cease and Desist Marketing Marketing Intellectual Property 111

Technology & Marketing Law Blog

MARCH 30, 2025

It’s an apropos reference because Data is an android who sometimes creates putatively copyrightable works, and one of the best-loved series episodes turns on whether Data should be given the same legal rights as humans. (An The court also notes that money damages could compensate for any market harms. Concord Music Group, Inc.

Copyright 52

Copyright Publishing Copyright Infringement Licensing 52

Kashishipr

APRIL 13, 2022

At present, with the immense growth of interconnectivity, along with digital experiences creating augmented reality and virtual reality, many digital marketers and technology experts have given the term ‘Metaverse’ to these new spheres of human interaction. Market Reach & Presence. Market Reach & Presence.

Intellectual Property 116

Intellectual Property IP Non-Fungible Tokens Brands 116

Patently-O

SEPTEMBER 17, 2023

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Still, ornamental logos found on the accused product can still be relevant as visual distractors in the process of evaluating similarities and differences between the claimed design and accused design.

Design Patent 72

Design Patent Patent Infringement Designs Design 72

The IPKat

MARCH 16, 2023

The speaker in question referred to EU GIs as a “unitary right”. 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. 80-81 Design Regulation. Following Art. This same principle is enshrined in art.

Art 130

Art Designs Design Litigation 130

Garrigues Blog

MARCH 4, 2025

When tech giants turned to virtual worlds in 2021, haute couture designers did not hesitate to design digital clothing for avatars and open stores on these platforms. Thanks to their transparency and immutability, NFTs protect both designers and consumers from fakes. Other firms in the industry were soon to follow.

Non-Fungible Tokens 52

Non-Fungible Tokens Brands Branding Branding 52

Corsearch

JANUARY 23, 2024

However, whilst international trade fosters economic growth and exchange, it also creates opportunities for grey market goods to emerge. Table of contents : • What is the grey market? • Supply chain inefficiencies: Misallocation of products or product returns can lead to grey market sales.

Marketing 59

Marketing Marketing Social Media Brands 59

Corsearch

JANUARY 31, 2025

This constant relisting is designed to maintain visibility, as counterfeiters vie for limited digital space and aim to appear above their competitors. Exploiting gray markets Parallel imports and other gray market threats see a rise during this period.

Social Media 59

Social Media Brands Branding Branding 59

IIPRD

OCTOBER 16, 2024

Thus, Intellectual Property helps in curbing the infringement and encourages fair competitions in the global market of gaming. Reference: The Law Tree. Author: Sanskriti Goswami, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at IIPRD.

Intellectual Property 59

Intellectual Property Graphic Design Trademark Copyright 59

SpicyIP

FEBRUARY 17, 2025

The Court held: “This is precisely the kind of “wasted effort that the proscription against the copyright of ideas and facts is designed to prevent.” Market Effect Analysis The Courts analysis of market effect created additional concerns by introducing a “potential derivative market” for AI training data.

Copying 69

Copying Fair Use Copyright Copyright Law 69

Corsearch

FEBRUARY 28, 2024

With the challenges posed by name saturation and the reduced availability of work marks, industrial designs are increasingly important within intellectual property strategies. When people think about designs they typically think of patents, but the world of protecting designs is far more extensive than that.

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Registration Designs Design Intellectual Property 59

The IPKat

FEBRUARY 29, 2024

In a decision delivered this week, the Court of Appeal of England and Wales (the Court) has upheld the design infringement claim brought by Marks and Spencer (M&S) against Aldi in respect of their gin-based flavoured liqueur range, in what may be a catalyst for a shift from trade mark law to design law for product "lookalike" claims.

Designs 64

Designs Design Registration Intellectual Property 64

Patently-O

JULY 22, 2021

The majority sided with the patentee and reversed the IPR Board’s single-reference obviousness determination. Daikin petitioned for inter partes review, and the PTAB agreed that the claims were invalid as obvious based upon a single prior art reference, U.S. The new Chemours Co. Chemours Company v. Daikin Industries ( Fed.

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Invention Art Marketing Marketing 126

IP and Legal Filings

DECEMBER 17, 2024

Non-conventional or Non-Traditional trademarks such as sounds, color, shape, scent or any other motion marks have emerged as a new innovative tools widely being used in the todays changing and competitive market era that redefine how brands connect with the public at large.

Trademark 52

Trademark Brands Branding Branding 52

The IPKat

OCTOBER 9, 2023

The IPKat is received the following report by Katfriend Caroline Theunis (ELSA International) on the recent discussion of a Design Law Treaty at WIPO. They constitute the “SCT”, referring to the Committee covering design law issues within WIPO. If so, what should that entail?

Designs 72

Designs Design Law Trademark 72

Technology & Marketing Law Blog

JANUARY 28, 2022

This is the screen design at issue: This is the Maine Supreme Court’s first foray into online contract formation. ” [The court is referring to the call-to-action here.]. Just rewriting the call-to-action to cross-reference the “done” button would have ameliorated this point a lot.

Contracts 125

Contracts Registration Designs Design 125

Copyright Lately

DECEMBER 29, 2024

But what the court referred to as an obscene tirade hardly warranted ordering Chicken Joe’s to pay a whopping $27,336.32 Photographers, writers, and other artists often register multiple works as part of a group to save costs and streamline the process, even when the individual works are marketed and consumed independently.

Copyright 116

Copyright Social Media Cease and Desist Fair Use 116

Technology & Marketing Law Blog

MARCH 6, 2024

Any surviving services may need to be structured as marketing agencies that push all of the legal risk to the users and third-party vendors. Causation, as used in the traditional sense, refers to the connection between the tort and the plaintiff’s harm. Sunfrog appeared first on Technology & Marketing Law Blog.

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Copyright Trademark Law Publishing Copyright Infringement 119