Michael Geist

OCTOBER 4, 2023

The CRTC’s decision to require registration for a wide range of Internet sites and services that meet a $10 million revenue threshold, including podcasters, adult sites, and news sites, appears to have taken many Canadians by surprise. I wrote in favour of the extension in a submission. This is the result.

Registration 145

Registration Government Design Designs 145

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

The IPKat

NOVEMBER 30, 2022

On November 29, 2022, the European Commission published the long-awaited proposals for a revised Regulation and revised Directive on designs. New definitions for “design” and “product” (Art. 3 Draft Regulation) Draft Directive and Draft Regulation suggest a new definition for “design” and “product”, respectively.

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Design Designs Publishing Art 135

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

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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Registration Art Copyright Artwork 98

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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Design Designs Copyright Copyright Infringement 105

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 59

Art Design Designs Intellectual Property 59

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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Registration Trademark Reporting Government 98

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.

Registering Trademarks 102

Registering Trademarks Trademark Registration IP 102

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). Others refer to the symbol as “ILY,” and Emojipedia refers to it as the “Love-You Gesture.”

Registration 98

Registration Trademark IP Advertising 98

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.

Registration 98

Registration Government Reporting Marketing 98

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.

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Design Designs Art Registration 86

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.

Settlement 52

Settlement Registration Copying Copyright 52

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.

Registration 98

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

Design 68

Design Designs Law Intellectual Property 68

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 Design 98

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

Design Patent 65

Design Patent Design Designs Patent 65

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.

Registration 91

Registration Design Designs Marketing 91

The IPKat

MAY 12, 2024

The dispute concerned the geographical indication "Salaparuta" for Sicilian wine, which received protection in Italy in 2006, and then was registered as a Protected Designation of Origin (PDO) by the European Commission in 2009. Image from Pixabay. The other wineries had been using the word "Salaparuta" on their labels. Article 14.3

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Registration Brands Branding Branding 69

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 72

Design Designs Registration Intellectual Property 72

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."

Registration 45

Registration Design Designs Business 45

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

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.

Patent 64

Patent Design Designs Branding 64

The IPKat

MARCH 11, 2024

Background On 24 October 2018, The KaiKai Company Jaeger Wichmann GbR (‘KaiKai’) filed an application for the registration of twelve Community designs with the European Union Intellectual Property Office (‘EUIPO’), claiming priority based on a Patent Cooperation Treaty (‘PCT’) patent application filed on 26 October 2017.

IP 115

IP Art Design Designs 115

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.

Trademark 98

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 ].

Trademark 136

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).

Trademark 52

Trademark Branding Brands Branding 52

The TTABlog

NOVEMBER 17, 2023

In a highly detailed and instructive opinion, the Board granted a petition for cancellation of a registration for the product configuration shown below, for a "spring-loaded glass-breaking device," on the ground of de jure functionality under Section 2(e)(5). The Board looked to the factors set forth in In re Morton-Norwich Prods.,

Registration 69

Registration Designs Design Advertising 69

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.

Design 45

Design Designs 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 Design 126

SpicyIP

NOVEMBER 8, 2022

Due to the nature of the shape mark, it must pass the hurdle of distinctiveness [as per Section 9(1)(a)] to be registrable. the novel shape of a product which has aesthetic appeal is protectable under the law of designs if the requisite conditions are satisfied. What does this mean? Even in the US, Wal-Mart Stores, Inc.

Registration 133

Registration Trademark Intellectual Property Law Law 133

The IPKat

JULY 3, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg) on a brand-new decision issued by the General Court of the European Union on 3 July 2024 in an interesting design case (Case T-329/22). The designer had a wide design freedom. by Henning Hartwig I.

Design 69

Design Designs Art Law 69

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.

Design 59

Design Designs Intellectual Property Art 59