IP and Legal Filings

APRIL 24, 2023

The Designs Act, 2000 (“the Act”), is a complete code in itself and protection under it is totally statutory in nature. It protects the visual design of objects that are not purely utilitarian. Designs are registered in different classes as per the Locarno Agreement. These classes are mainly function oriented.

Design 97

Design Designs Registration Law 97

IIPRD

MARCH 13, 2025

All the creations of the human minds such as designs, inventions, artistic works, names, symbols, etc. Image Sources: Shutterstock] Key Features: Registration of trademark is mandatory for protection against infringement, but not against passing off. Registration is not mandatory, but recommended.

Intellectual Property 83

Intellectual Property Registration Design Designs 83

SpicyIP

FEBRUARY 4, 2025

Mahindra, Tanishka Goswami analyzes the Court’s findings on the importance of house marks in infringement assessment, and the nature of the relevant market. In pursuance of its goal to accelerate EV adoption, it developed a new vehicle design and coined the same EZIO. Explaining the recent Delhi High Court decision in Gensol v.

Trademark 107

Trademark Marketing Marketing Trademark Law 107

SpicyIP

SEPTEMBER 8, 2024

We are pleased to bring to you this sponsored post by PatSeer on the launch of their new Industrial Design Search solution. Utilizing computer vision model trained on millions of design images, it raises the bar for image search accuracy. Design searching has been stuck in sand for a long period. For more details, read on below.

Design 105

Design Designs Registration Marketing 105

IP and Legal Filings

MAY 18, 2023

Introduction The Plaintiff asserted that its hipster whiskey bottle design, which was inspired by the shape of a smartphone and intended to fit into a hip pocket, was novel due to its rectangular shape, smooth rounded shoulders, V-shaped neck, rimmed rounded cap, and dimpled bottom.

Design 98

Design Designs Art Trademark Law 98

Kashishipr

JANUARY 19, 2022

The role that trademarks play in the marketing of a brand can help us unwind what commercial players and business houses should consider in the development of their brand marketing strategies to best incentivize their assets for better returns. How Does a Trademark Help in the Marketing of a Brand?

Marketing 105

Marketing Marketing Trademark Branding 105

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.

Design 133

Design Designs Law Intellectual Property 133

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.

Design 98

Design Designs Registration Intellectual Property 98

IP and Legal Filings

JULY 11, 2024

If the examiner has certain concerns about the registrability of the proposed mark, or overlaps of the mark with any of the existing registered marks, which can possibly create confusion, then, the examiner may publish an office action. Depending on the complexity and the volume of work, it can take several months up to couple of years.

Registration 98

Registration Trademark Reporting Government 98

The IPKat

JANUARY 27, 2022

Even a mark that has been on the International Registry for 40 years does not assure registration of a subsequent national designation. On 12 January 2022, the Lithuanian Supreme Court upheld the rejection of the Lithuanian designation of Chanel SARL’s two-dimensional trademark (see below) in Class 3 for perfumery products.

Trademark 138

Trademark Registration Marketing Marketing 138

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.

Art 58

Art Design Designs Intellectual Property 58

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. The applicant maintained its request for registration.

Registration 91

Registration Designs Design Marketing 91

Technology & Marketing Law Blog

MARCH 7, 2022

Supreme Court held 6-3 that the Ninth Circuit erred in invalidating a copyright registration for failure to comply with the Copyright Office’s “single unit of publication” regulation, where the copyright owner had knowledge of the facts but arguably misunderstood the legal standard. Unicolors, Inc. Factual and Procedural Background.

Registration 98

Registration Blogging Copyright Designs 98

Kashishipr

SEPTEMBER 20, 2021

The label in question was designed by an employee of SK Oil Industries. Since then, it has been continuously used and has even acquired reputation and goodwill in the market. The Copyright Act extends a wide range of rights to the first copyright owner without requiring prior copyright registration.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

Technology & Marketing Law Blog

JULY 9, 2023

The EU IPO denied a trademark registration for the following symbol in various real estate-related classes: The trademark examiner determined that the symbol means “I love you” in American Sign Language (ASL). The post European IP Office Denies Trademark Registration for “I Love You” Emoji ?

Registration 98

Registration Trademark IP Advertising 98

Intepat

DECEMBER 4, 2024

However, as markets grow increasingly innovative, non-traditional marks have emerged, referred to as unconventional trademarks. However, unconventional trademarks challenge traditional concepts of visual representation, leading to significant complexities in their registration, protection, and enforcement. A landmark case was the U.S.

Trademark 52

Trademark Intellectual Property Branding Brands 52

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.

Design 86

Design Designs Art Registration 86

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 Branding Brands Branding 59

Intepat

MARCH 13, 2025

Architectural designs came to be recognised as a form of intellectual property capable of protection after the 1908 Amendment to the Berne Convention, 1886. This inclusion was crucial in recognising and protecting the rights of architects over their architectural designs and works.

IP 52

IP Design Designs Artistic Work 52

Patently-O

JULY 20, 2023

2023) The Timberland Boot trade dress case is pending before the Fourth Circuit, raising some interesting questions about the role of product trade dress vs design patents vs copyright vs utility patents. Timberland boots were first sold in the 1970s with a unique design that quickly resonated with consumers. Vidal (4th Cir.

Design 74

Design Designs Cease and Desist Design Patent 74

IP and Legal Filings

OCTOBER 23, 2023

These E-commerce platforms make it simple to access consumer goods from a computer or smart phone, but they also, by their very nature, make it simple for counterfeiters to market their counterfeit goods. In the year 2017 the market value of the E-commerce was $38.5 Nakul Bajaj &Ors, [Civil Suit No. 344/2018]. [6] 344/2018]. [7]

Marketing 98

Marketing Marketing Trademark Registration 98

Patently-O

JULY 8, 2021

Timberland did not patent or register a copyright the design, and the market it rife with copycat boots. The examiner had also rejected the trade dress registration as improperly functional, but the TTAB did not reach that issue. Complaint: TBL Registering TM on Timberlands.

Registration 130

Registration Licensing Trademark Designs 130

IP and Legal Filings

JANUARY 8, 2025

An Insight into the Nexus between Customs and Trademark Laws Trademark laws protect the identity of brands through exclusive rights granted to the owners of registrations. It deprives trademark owners of losing market and financial losses through apprehension of infringing imports.

Trademark 59

Trademark Law Trademark Law Intellectual Property 59

Erik K Pelton

MARCH 21, 2022

You can see in the video version and the accompanying visual that Chad Barr and his wonderful team have designed, which shows that by consistently providing for your brand, like consistently watering your plants, and doing the following things, your brand will be positioned for wonderful growth and success. Great content.

Branding 147

Branding Brands Branding Social Media 147

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.

Marketing 114

Marketing Marketing Registration Designs 114

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.

Design 71

Design Designs Registration Intellectual Property 71

IP and Legal Filings

JULY 9, 2024

This article discusses the domain of trademark registration, which is useful for businesses and individuals in order to protect their brand. Descriptive marks may sometimes be protected, in case they have become distinctive as a result of repeated use and being recognized in the market by consumers.

Trademark 98

Trademark Registration Branding Brands 98

Kashishipr

AUGUST 25, 2021

As we know, limited edition goods come into the market only for a short period, are marketed by the brand upon the launch, and the logos are hardly ever put into use by the proprietor because they have already been sold. Even in other jurisdictions, design rights last only for a limited term and cannot be renewed.

Editing 105

Editing Law IP Design 105

Technology & Marketing Law Blog

NOVEMBER 21, 2021

This summer, the Copyright Review Board issued an interesting decision about the registrability of emojis. The Copyright Review Board is the Copyright Office’s internal administrative review process for the registration decisions of individual copyright examiners. The examiner denied the registrations. copyright law.

Copyright 126

Copyright Registration Fair Use Designs 126

The TTABlog

DECEMBER 1, 2023

Global Commodities petitioned for cancellation of a registration for the mark shown below left, claiming likely confusion with its registered mark shown below right, both for "rice." The Board found petitioner's "fawn" design mark to be inherently distinctive. Capital Distributors, LLC and Capital Imports, LLC. Cancellation No.

Designs 72

Designs Design Registration Marketing 72

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 Branding Brands Branding 52

Intepat

SEPTEMBER 22, 2023

Thus, trademark registration is necessary to protect its unauthorized usage by others. However, trademark registration provides a territorial right, whereby when a trademark is registered in India, the registration provides protection only within India.

Registration 105

Registration Intellectual Property Contracts Trademark 105

azrights

MAY 3, 2022

Brand Tuned was a difficult book to write because although I had dealt with trademark registration and brand protection work, and had explored the concept of brand in my Legally Branded book, I didn’t have a deep understanding of it. Focus on Trade Mark Registration. This has many undesirable consequences.

Branding 119

Branding Brands Branding Registration 119

Dragons' Den

FEBRUARY 13, 2025

Its certain that none of us enjoy putting a soggy brolly back into our bags, and Gilley promises a solution to these common issues with its wind-proof design thats also less prone to loss thanks to its hard, moisture-wicking case. Or left out to dry and forgotten in the corner of a restaurant?

Blogging 52

Blogging IP Intellectual Property Designs 52

SpicyIP

NOVEMBER 3, 2024

Anil Kumar, Proprietor M/S Singla Food … vs Deepak Kumar @ Deepak Manocha on 25 October, 2024 (Delhi District Court) The plaintiff sought permanent injunction restraining the defendants from infringing on its trademark and passing off goods in South Delhi markets. Koninklijke Philips N.V

Trademark 105

Trademark Registering Trademarks Personality Rights Copying 105

Intepat

DECEMBER 12, 2024

Analysing the Riyadh Design Law Treaty in the Indian Context The Riyadh Design Law Treaty (DLT), finalized at the WIPO Diplomatic Conference in Riyadh in November 2022, marks a significant step towards harmonizing global industrial design registration processes. Utilize e-filing systems for quicker registrations.

Design 52

Design Designs Law Registration 52

SpicyIP

JANUARY 26, 2025

Lokesh Vyas dwells on these questions in his post in the aftermath of SRAIs registration! The plaintiff claimed to have adopted the trademarks in 2006, acquired a registered design in 2019, and built significant goodwill for his products. The plaintiffs claims regarding his trademarks and registered designs were upheld.

Trademark 59

Trademark Art Registration Business 59