IP and Legal Filings

FEBRUARY 8, 2023

Indian Copyright Registration The Indian Copyright Office is similarly confused how to handle such requests. i] Another application, however, was made in which a natural person and an AI again (RAGHAV) were designated as co-authors for another artwork. [i] In this case, the copyright office allowed registration.

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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

IP and Legal Filings

SEPTEMBER 20, 2023

Introduction An artist’s ideas, be it for a renowned painting, sculpture, novel, technological design, jewelryor fashion are his own. However, many a times, we witness these designs being copied or recreated. A copyright protection is the ability of a designer to protect his original designs through the copyright laws.

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Designs Design Copyright Copyright Infringement 105

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.

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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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Registration Trademark Trademark Law Law 98

SpicyIP

JANUARY 20, 2025

Paragon Polymer Products Private … vs Sumar Chand Nahar on 7 January, 2025 (Madras High Court) Image from here In an appeal against the Trade Mark Registrys order, the Appellant, a footwear company using the mark Paragon since 1975, opposed the registration of the same word by the respondent for electric motor starters under Class 9.

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Registering Trademarks Trademark Registration IP 102

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

BYU Copyright Blog

MARCH 24, 2025

Cooper alleged that Gladwell copied one of their rug designs, and Gladwell responded with a motion to dismiss based on the fact that the rug was designed by one Omer Copur, a co-founder of Kev & Cooper LLC. Given both of those facts, the Motion to Dismiss was denied. In 2019 SW received permission to create a logo for St.

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Settlement Registration Copying Copyright 52

IP and Legal Filings

JULY 28, 2022

Maharashtra Real Estate (Regulation and Development) (Registration of Real Estate Projects, Registration of Real Estate Agents, Rates of Interest and Disclosures on Website) Rules, 2017. Registration of Real Estate Projects. Registration of Real Estate Agents. Under this Act, all real estate agents must register.

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Kashishipr

SEPTEMBER 20, 2021

The label in question was designed by an employee of SK Oil Industries. NTC even referred to the Bombay High Court’s judgment in Dhiraj Dharamdas Dewani vs. Sonal Info Systems Pvt Ltd, where it held that Copyright Registration is compulsory to maintain a civil or criminal action under the Copyright Act of 1957.

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Registration Artistic Work Copyright Registering Trademarks 98

JD Supra Law

APRIL 26, 2024

Over the past two decades, the World Intellectual Property Organization (WIPO) has been working on a Design Law Treaty focused on aligning examination and procedural guidelines associated with what have historically been referred to as “industrial designs.” By: Quarles & Brady LLP

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Designs Design Law Intellectual Property 68

JD Supra Law

APRIL 5, 2023

Graphical User Interface (GUI) refers to icons, windows, and/or menus to offer a mechanism to interact with electronic devices visually. There has been quite a bit of debate around the registrability of GUIs under industrial design law in India.

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Registration Designs Design Law 52

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.

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Registration Blogging Copyright Designs 98

LexBlog IP

APRIL 5, 2023

Graphical User Interface (GUI) refers to icons, windows, and/or menus to offer a mechanism to interact with electronic devices visually. There has been quite a bit of debate around the registrability of GUIs under industrial design law in India. Vs. The Controller of Patents and Designs and Anr. [1]

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Registration Designs Design Public Domain 52

JD Supra Law

DECEMBER 5, 2024

The Hague Agreement Concerning the International Registration of Industrial Designs (Geneva Act, hereinafter referred to as the Hague Agreement) came into force in China on 5 May 2022. This offers a new way to obtain design patent protection in China. By: Linda Liu & Partners

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Design Patent Designs Design Patent 65

The TTABlog

FEBRUARY 13, 2025

Applicant feebly argued that Registrant, Renton Technical College, is a technical college that sells simple clothing bearing the name of its institution for students and faculty. Since there are no restrictions in the registration, Applicants restriction of its own identification of goods "does not impose a meaningful limitation."

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Registration Design Designs Business 45

The TTABlog

OCTOBER 22, 2021

The USPTO refused to register the mark BEDLAM VODKA in the word-plus-design form shown below left, for vodka [VODKA disclaimed], finding confusion likely with the registered mark BEDLAM! in the word-plus-design form shown below right, for beer. As to the cited mark, the word "BEDLAM!" The Board observed that "[t]he 'L' in 'BEDLAM!'

Designs 72

Designs Design Registration Copyright 72

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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Registration Advertising Advertising Designs 68

The IPKat

FEBRUARY 11, 2025

Background In 2015, an individual person filed for registration of German word mark GTA. Volkswagen submitted evidence showing that GTI was used as a trim level designation. The use in combination with the model designations Golf and Polo was deemed not to alter the distinctive character of the sign.

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Patent Designs Design Brands 64

The IPKat

FEBRUARY 8, 2023

Kat friend Latha Nair reports on an interesting decision from India on the registrability of two marks--SWISS MILITARY and design, and the word mark SWISS MILITRY. The marks are prohibited under this section as they bear indications (‘SWISS MILITARY’ and the red-and-white cross) designating Swiss origin.

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Registration Trademark Intellectual Property Designs 75

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.

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Art Designs Design Litigation 130

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. Logo designs can be of just graphics or include the text or both graphics as well as text. Here are the main categories of elements that can be registered as trademarks: 1.

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Trademark Registration Branding Brands 98

Patently-O

OCTOBER 8, 2021

In Australia, the term “ugg boots” refers to a general style of sheepskin shoe with the fleece turned in for warmth. 36 Judgment without any opinion (the original complaint included some design patents as well). by Dennis Crouch. It is a generic term, and not a trademark – in Australia. Petition ].

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Trademark Registering Trademarks Licensing Design Patent 136

IP and Legal Filings

DECEMBER 17, 2024

This blog discusses the concept of non-conventional trademarks, its use in Pharmaceutical Industries, relevance and complexity surrounding the registration process under Indian Law. The trademarks act, 1999, references colour combinations in section 2(1)(m), 2(1)(zb), and 10(1).

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Trademark Branding Brands Branding 52

The IPKat

AUGUST 17, 2022

In a somewhat comparable situation, a trade mark holder has surrendered some of their registered marks, even though they were accepted by the UK Intellectual Property Office (IPO), after receiving public backlash against the registrations. What does this mean for the hundreds of other registrations that include these, or similar, words?

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Social Media Registration Intellectual Property Ownership 137

The TTABlog

FEBRUARY 6, 2025

The Board sustained on opposition to registration of the proposed mark MENTCHEES "for Toy figures; Modeled plastic toy figurines; Molded toy figures," on the ground of genericness. understood by the relevant public primarily to refer to that genus of goods or services?" Chazak Kinder Inc. Mitzvah Kinder, Inc. Opposition No.

Designs 45

Designs Design Registration Copyright 45

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.

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Copyright Registration Fair Use Designs 126

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.

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Intellectual Property Designs Design Artwork 59

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. Take an instance, international brands frequently record their trademarks with Indian customs to block the entry of fake products that replicate their logos or designs.

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Trademark Law Trademark Law Intellectual Property 59

The IPKat

MAY 6, 2024

Determining the informed user and the way the informed user perceives the design of a specific product are important steps in the assessment whether two designs produce the same overall impression. 002138008-0031 for ‘door and window handles’: The design was registered on 27 November 2017.

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Designs Design Intellectual Property Art 59

The TTABlog

MAY 18, 2023

Maybe he or she was referring to ex parte cases only. Greenbaum) [Opposition to registration of POUPETTE ST BARTH for perfumery and personal care products (ST BARTH disclaimed), in view of the registered marks ST BARTH (in standard characters) and LSB LIGNE ST BARTH and Design (LIGNE disclaimed), for overlapping products.]

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Registration Designs Design Licensing 89

IP and Legal Filings

JULY 13, 2022

However, it is also important to assess the position of copyright protection offered to fashion designers specifically and the scope of the same. Copyright Act or Design Act? The Design Act, 2000 [“ the 2000 Act ”] provides protection to various aspects of the design in question, like the pattern, colours or even lines on the design.

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Copyright Artistic Work Designs Design 95

IIPRD

OCTOBER 16, 2024

Copyright do not require any formal registration. Reference: The Law Tree. [Image Sources: Shutterstock] COPYRIGHT In a broader metaphorical context of gaming industry, Copyright emerges as a vital aspect of IPR. It grants the developer to use, distribute and reproduce their work.

Intellectual Property 59

Intellectual Property Graphic Design Trademark Copyright 59

Biswajit Sarkar Copyright Blog

OCTOBER 16, 2023

While copyright is concerned with the creative part of jewellery, design is concerned with the shape, configuration, pattern, and mix of lines or colours in two or three-dimensional forms. After examining the above cases, it is difficult to predict whether a single piece of jewellery will be considered an artistic work or a design.

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Intellectual Property Artistic Work Designs Design 98

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.

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Designs Design Registration Intellectual Property 64

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.

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Trademark Art Registration Business 59

The TTABlog

MARCH 8, 2022

The Board upheld a refusal to register the proposed mark MADE FOR YOU LAB-GROWN DIAMONDS , in standard character and design form, for 'diamonds; jewelry" [LAB-GROWN DIAMONDS disclaimed], finding that the phrase fails to function as a trademark. The Trade Mark [sic] Act is not an act to register words but to register trademarks.

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Trademark Registration Service Mark Designs 94