The IPKat

SEPTEMBER 27, 2022

EUIPO also announced that, so far, the Office has registered the following applications related to NFTs and the metaverse: In this context, EUIPO held the webinar “ Trade marks and designs in the metaverse: legal aspects/EUIPO practice ” some days ago. Challenges involving designs in the metaverse were also addressed. see here ).

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Designs Design Non-Fungible Tokens Editing 144

Patently-O

NOVEMBER 21, 2022

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. ” In general, that amount of evidence is insufficient to support a product design trade dress registration. .”

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Designs Design Registration Trademark 73

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.

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The IPKat

AUGUST 17, 2022

In all this, it is no surprise that new and quirky designs require effective IP protection to retain their goodwill and reputation, as well as competitive advantage. The applicant maintained its request for registration. These had been circulating on the market since, at least, 2017.

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The TTABlog

MARCH 20, 2023

In a whopping 163-page opinion, the Board granted a petition for cancellation of two registrations for the configuration of safety helmets, rejecting Petitioner Honeywell's Section 2(e)(5) functionality claim but sustaining Honeywell's claim of lack of acquired distinctiveness. referred to as the "Ridge Designs").

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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.

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Copyright Law Art Designs Design 75

IP and Legal Filings

APRIL 25, 2024

Introduction Section 3 of the Real Estate Regulation and Development Act, 2016 provides for prior registration of projects under the Real Estate Regulatory Authority that are undergoing completion as of the commencement of the Act and have not been granted a completion certificate by their respective local authorities.

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The IPKat

SEPTEMBER 9, 2021

Late last month (August), the Kampala Protocol on voluntary registration of copyright and related rights within the framework of the African Regional Intellectual Property Organization (ARIPO) was adopted at a Diplomatic Conference held in Kampala, Uganda. This post presents some of the highlights of the Protocol. See Article 6.

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Related Rights Registration Copyright Contracts 95

IP and Legal Filings

JANUARY 26, 2023

2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks. Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3] In this also falls the case of colour marks.

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LexBlog IP

APRIL 6, 2023

The USPTO’s Trademark Trial and Appeal Board (“Board”) recently ordered the cancellation of two trademark registrations for product configurations of safety helmets, shown below and both directed to “ a three dimensional configuration of two ridges located along the center of a safety helmet.”

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Registration Trademark Advertising Advertising 52

Olartemoure Blog

JUNE 7, 2024

On May 30, 2024, the World Intellectual Property Organization (WIPO) shared the Madrid Yearly Review 2024, an annual report presenting statistics and analysis on international applications , registrations, renewals, and designations, with this edition focusing on subsequent designations made under the Madrid System.

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Intellectual Property Registration Designs Design 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.

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Design Patent Designs Design Patent 57

Biswajit Sarkar Copyright Blog

OCTOBER 21, 2021

The registered owner of a design is granted unrestricted rights to their registered Designs in India. The right to cancel a design registration is one of these rights. The Act and Rules relating to the Design Law of India clearly detail the cancellation procedure. PROCEDURE.

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Designs Design Registration Copying 52

Kashishipr

JUNE 1, 2022

For every business or brand owner at present, the design of a product has become a crucial concern, and why won’t it be, after all, “A thing of beauty is a joy forever.” ” The unique design of a product, such as that of Mini Cooper and Coca-Cola, forms brand identity. Infringement of Industrial Designs .

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Designs Design Registration Contracts 45

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. In 2015, it sought copyright registration of this useful article as a sculptural work.

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Designs Design Copyright Design Patent 73

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.

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Design Patent Designs Design Patent 52

LexBlog IP

SEPTEMBER 27, 2021

In a recent decision, the Review Board of the United States Copyright Office (“Board”) reversed an examiner’s prior refusal to register a copyright in the artistic elements present in the bed shown above, paving the way for the applicant to obtain a copyright registration in this work. ” Star Athletica, LLC v.

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Designs Design Copyright Artistic Work 52

LexBlog IP

MARCH 8, 2023

Save the Date to Attend the 16 th Annual USPTO Design Day The 2023 iteration of the United States Patent and Trademark Office (USPTO)’s annual Design Day will be held on May 4, 2023, with options to attend either in-person at USPTO headquarters in Alexandria, Virginia or virtually.

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Designs Design Intellectual Property Intellectual Property Law 40

The TTABlog

AUGUST 21, 2024

While Applicant has not presented specific evidence concerning the extent and impact of these uses, it nevertheless presented extensive evidence of these third-party marks and ornamental uses in internet commerce for the jewelry identified in the cited registration.

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Designs Design Registration Copyright 60

BYU Copyright Blog

JUNE 3, 2024

Boyages alleges that the University knowingly and unlawfully used an art-designed logo (logo or art design) created by the Plaintiff without her authorization or license and is therefore entitled to damages and monetary relief according to 17 U.S.C. Boyages applied for copyright registration and had her work registered as SophCat.

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Copyright Art Social Media Designs 52

JD Supra Law

SEPTEMBER 28, 2021

In a recent decision, the Review Board of the United States Copyright Office (“Board”) reversed an examiner’s prior refusal to register a copyright in the artistic elements present in the bed shown above, paving the way for the applicant to obtain a copyright registration in this work. By: Quarles & Brady LLP

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Copyright Designs Design Registration 52

The TTABlog

FEBRUARY 7, 2022

In a nonprecedential disposition, the CAFC upheld the TTAB's decision [pdf here ] granting a petition for cancellation of a registration for the mark ETHIK CLOTHING CO. & Design for various clothing items. The Board deemed confusion likely with the mark ETHIKA for overlapping clothing items.

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Designs Design Registration Trademark 56

Garrigues Blog

APRIL 27, 2021

Today, April 27, is International Design Day, an event, which seeks to recognize the value of design in society and business. On this significant date, we take the opportunity to look at a recent judgment by the General Court of the European Union (EGC) that will allow companies to extend the protection of a design by twelve months.

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Designs Design Patent Application Intellectual Property 52

Indiana Intellectual Property Law

OCTOBER 18, 2021

Trademark Office issued the following 161 trademark registrations to persons and businesses in Indiana in September 2021 based on applications filed by Indiana trademark attorneys: Reg. DDSMATCH.COM SUCCESSFULLY CONNECTING THE DENTIST’S PRESENT WITH THEIR FUTURE. INSPIRE DESIGN CENTER. A ALPHA DESIGN. COASTAL MIX.

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Registration Trademark Designs Design 52

The TTABlog

JANUARY 8, 2024

The TTAB has re-designated as precedential its September 2022 opinion in this cancellation proceeding. The Board granted a petition for cancellation of a registration for the mark CAPTAIN CANNABIS for comic books, on the ground of likelihood of confusion with Petitioner Laverne J. Andrusiek v. Cosmic Crusaders LLC and Lewis J.

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Registration Trademark Social Media Designs 70

Indiana Intellectual Property Law

MAY 2, 2024

The U.S. (..)

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Registration Trademark Designs Design 52

43(B)log

AUGUST 19, 2021

It filed an application to register CASPER as a trademark in connection with blockchain technology; the registration issued in November 2020. Thus, to prevail, Zamfir would need to rebut the presumptions created by the registration, and he didn’t.

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Registration Social Media Trademark Registering Trademarks 72

The IPKat

SEPTEMBER 22, 2023

The beauty of this book is that the authors have taken all the above into consideration and have presented this book with deliberate simplicity and yet deep in scope and analytical preponderance. Chapter two presents the legal and policy framework for IP protection at the international, regional and domestic levels.

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Intellectual Property Law Intellectual Property Law IP 78

The TTABlog

OCTOBER 30, 2023

The USPTO refused to register that mark DRYLANDS BREWING COMPANY & Design for "beer" and for "restaurant services, including sit-down service of food and take-out restaurant services; taproom services featuring beer brewed on premises” [BREWING COMPANY disclaimed], finding confusion likely with the registered mark DRYLANDS for wine.

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Registration Designs Design Law 114

Intepat

JUNE 19, 2024

In the Indian jurisdiction, various forms of evidence are presented in court daily and the field of evidence law within our country is governed under the Indian Evidence Act, 1872. All such documents including any electronic record, are presented before the court for inspection. These statements are termed as oral evidence.

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Trademark Advertising Advertising Social Media 52

Biswajit Sarkar Copyright Blog

OCTOBER 25, 2023

The Board furt her argued that “design” and “trademark” correspond ed to two distinct types of industrial property rights that are governed by various legal frameworks and registration requirements. As a result, the present Community design has no direct impact on the distinctiveness of the contested trademark application.

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Trademark Registration Designs Design 97

The IPKat

DECEMBER 10, 2023

Geographical Indications Jocelyn Bosse addressed the recent judgement of the Singapore Court of Appeal in Consorzio di Tutela della Denominazione di Origine Controllata Prosecco v Australian Grape and Wine Incorportated [2023] SGCA 37 and the registration of ‘Prosecco’ as a GI in Singapore.

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The IPKat

OCTOBER 13, 2023

to 5.00pm CEST, the Fide Foundation, the Transatlantic Intellectual Property Academy (TIPSA), and the European Intellectual Property Teachers' Network (EIPTN) present the 30th Global Digital Encounter. The event is free , but registration is required. More details and registration here.

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Intellectual Property Designs Design Inventor 64

The IPKat

DECEMBER 4, 2023

Then, on 29 November, the General Court ruled ( T-19/22 ) on the distinctiveness of the Vespa EU 3D mark, eventually ruling that the EUIPO Board of Appeal had erred in holding that registration invalid due to lack of distinctive character. Does ‘substantial value’ mean ‘artistic value’?

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Designs Design Copyright Registration 134

The IPKat

JUNE 4, 2024

Fact of the case On February 8, 2023, Kurt Geiger Limited (the Applicant) applied for the registration of 3D trade mark no. The BoA noted that the jewellery market is characterized by multiple shapes and designs, including animal representations ( R 1414/2022 , T-564/22 ; see The IPKat here , T-331/19 ). Picture of the cat Deep AI

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Registration Designs Design Intellectual Property 60

Plagiarism Today

AUGUST 18, 2022

The system is designed to be navigable by non-lawyers and, instead of a judge and/or jury, the case is heard by a panel of three officers and the entire process is held online. Registration Status at the Time of Filing. Of the registrations, 49 of the registrations were before 2020 and 68 were from before 2022.

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LexBlog IP

JANUARY 31, 2024

We presented a webinar last week entitled How to Win Your Next Trademark Battle: Lessons Learned in 2023 to give brand owners and their lawyers an overview of key takeaways from last year’s trademark cases. If you missed our live presentation, you can view a recording here. In Abitron Austria GmbH et al v. In Nkanginieme v.

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