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 Branding 59

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

Traverse Legal Blog

SEPTEMBER 27, 2024

One of the most common brand protection issues involves gray market sellers and counterfeits on Amazon. Introduction Are grey market sellers and counterfeiters damaging your brand’s reputation and undercutting your sales on Amazon?” There’s both good news and bad news. Let’s start with the bad news.

Brands 52

Brands Branding Branding Marketing 52

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.” Samsung (Fed.

Design Patent 90

Design Patent Designs Design Patent 90

The IPKat

MARCH 14, 2023

Designs are meant to protect the appearance of a product or a part thereof. 6/2002 (‘Design Regulation’) stipulates:-- A Community design shall not subsist in features of appearance of a product which are solely dictated by its technical function. The existence of other design alternatives was considered irrelevant.

Designs 84

Designs Design Art Registration 84

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.

Registration 59

Registration Designs Design Intellectual Property 59

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.

Design Patent 75

Design Patent Designs Design Patent 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

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

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.

Copying 94

Copying False Advertising Social Media Advertising 94

Patent Trademark Blog

NOVEMBER 30, 2023

Get a Design Patent Instead The path to registering a trademark can be strewn with landmines. When your trademark application faces difficult rejections, would a design patent make more sense? Trademarks typically refer to words or logos which can be displayed on products, packaging or marketing materials.

Design Patent 52

Design Patent Designs Design Trademark 52

43(B)log

FEBRUARY 3, 2023

Christine Farley, Authenticity and Design: Why sell a chair for 10x a visually identical chair? Sometimes the replication is exact; design claimants say they’re made with cheaper materials and practices, but midcentury modern design aimed for cheapness and access: the idea that more people can have it now would be a good not a bad.

Designs 59

Designs Design Design Patent Branding 59

Kluwer Copyright Blog

OCTOBER 7, 2024

This time, the casus belli came from a question related to the requirements needed to allow the cumulation of design and copyright protection for works of industrial design and applied art (WAA). In addition, the Court of Appeal ruled out that the lamp was a protectable work of design under art.2(1)(10) With an order (Cass.,

Designs 63

Designs Design Law Copyright 63

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

Technology & Marketing Law Blog

NOVEMBER 20, 2024

” Other Topics Haymore also attacked the way Amazon ran the game, including its gameplay design. .” ” Other Topics Haymore also attacked the way Amazon ran the game, including its gameplay design. Amazon appeared first on Technology & Marketing Law Blog. ” Case Citation : Haymore v. .”

Social Media 73

Social Media Publishing Designs Design 73

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

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 60

Designs Design Registration Intellectual Property 60

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 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.

Registration 96

Registration Government Reporting Marketing 96

IP and Legal Filings

MAY 19, 2022

The Controller General of Patents, Designs, and Trademarks (CGPDTM), who will also regulate their conduct and powers, will appoint a panel of “facilitators” to help administer the program. The post Importance Of Trademarks With Special Reference To Start Ups first appeared on IPLF.

Trademark 52

Trademark Government Branding Branding 52

The IPKat

MAY 16, 2023

The threshold for design protection in the EU is low. The design must be new and have individual character ( Art. 4(1) Community Design Regulation , ‘CDR’). The purpose of this grace period is to allow the designer or its successor to test the products in which the design is embodied in the market ( Recital 20 CDR ).

Designs 90

Designs Design Art Registration 90

The IPKat

APRIL 26, 2023

A Registered Community Design (‘RCD’) enjoys protection only if it is new and has individual character vis-à-vis designs disclosed prior to its filing or priority date ( Art. 4(1), 7 of Regulation 6/2002 , ‘Design Regulation’). 7(1) Design Regulation ). 7(1) Design Regulation ). 6 of Directive 2005/29/EC.

Designs 73

Designs Design Art Intellectual Property 73

LexBlog IP

APRIL 6, 2022

Design patents, sometimes referred to as industrial designs, protect the aesthetic appearance of a product. In other words, unless international or regional treaties are available, a grant of design rights has to be obtained individually in each country of interest.

Designs 52

Designs Design Intellectual Property Registration 52

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 118

Designs Design Privacy Business 118

Olartemoure Blog

OCTOBER 25, 2024

The designation of origin is a key concept in intellectual property. It refers to products whose quality, prestige or characteristics are totally or partially related to the geographical environment in which they are produced. Therefore, they take the name of the region from which they derive.

Intellectual Property 52

Intellectual Property Design Designs Editing 52

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

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

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

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.

Blogging 128

Blogging Law Contracts Cease and Desist 128

43(B)log

AUGUST 26, 2021

5, 2021) The plaintiff benefits from very generous treatment of its false designation and copyright claims, in the process stripping false designation of anything other than a prohibition on copying/vitiating both Wal-Mart and Dastar. 2021 WL 1253803, No. 20-cv-06957-VKD (N.D. The court agreed!

Designs 64

Designs Design Copying Copyright Infringement 64

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.

Designs 107

Designs Design Public Domain Advertising 107

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design.

Intellectual Property 59

Intellectual Property Designs Design Artwork 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

DECEMBER 30, 2021

biosimilar market developments of 2021. SEMGLEE was the first insulin biosimilar granted interchangeable status, meaning it can be substituted for the LANTUS reference product at the pharmacy without the intervention of the prescriber. marketing only after a specified date in 2023. Here are our top five: 1.

Marketing 52

Marketing Marketing Settlement Licensing 52

The TTABlog

FEBRUARY 16, 2023

The Board sustained Section 2(d) oppositions to the word-and-design marks shown immediately below, for Asian-themed cuisine and for restaurant services featuring same, finding confusion likely with opposer's common law mark RAMEN HOOD & Design (shown to the right) for Asian-themed restaurant services. menus and other printed items.

Designs 52

Designs Design Registration Copying 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 67

Designs Design Law Trademark 67

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