Intellectual Property Law Blog

JANUARY 11, 2023

It is always recommended for a mask work applicant to identify the “novel points” in the design during the registration step (e.g., The registration history may be introduced as one piece of evidence to show the materiality of the copied portions. Mask Work Infringement Defense.

Designs 189

Designs Design Copying Copyright Law 189

Patently-O

FEBRUARY 3, 2023

The Trademark Examining Attorney had refused registration on “failure-to-function” — concluding that the phrase was a commonplace expression used to express a well-recognized sentiment. Unlike patents and copyrights, trademark law is not designed to reward the creative endeavor of invention or authorship.

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Registration Trademark Social Media Music 128

The IPKat

NOVEMBER 19, 2024

Yesterday, the EU design reform reached its final step: it was published in the Official Journal as Regulation (EU) 2024/2822 and Directive (EU) 2024/2823. Taken upon by the European Commission, the initial design reform took several years of adoption, mainly because of controversies surrounding design protection of spare parts.

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Designs Design Art Journalism 123

Plagiarism Today

AUGUST 10, 2022

The reason for this is simple, the systems for organizing, registering and enforcing copyrights were, by in large, designed for large copyright holders. However, the fee for most registrations is just $15 over the U.S. For example, a registration of a single work would be $60, $45 of which goes to the Copyright Office.

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Copyright Cease and Desist Registration Designs 320

Erik K Pelton

AUGUST 20, 2024

The following is an edited transcript of Chapter 8 of my book video Building a Bold Brand: The Trademark Registration Process: A Long and Winding Road The trademark application process at the United States Patent and Trademark Office (USPTO) is generally long, complex, and full of deadlines. Receive a registration certificate.

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Registration Trademark Branding Brands 130

IP and Legal Filings

JULY 11, 2024

Geographically Descriptive Terms: It is important to note that trademarks that include words that are geographically descriptive (like names of cities or countries) will not be eligible for registration if they create the impression that the products or services originating from other places are originating from the mentioned geographical location.

Registration 105

Registration Trademark Copyright Intellectual Property 105

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 ).

Designs 144

Designs Design Non-Fungible Tokens Editing 144

Patently-O

NOVEMBER 15, 2023

by Dennis Crouch The USPTO is officially establishing a separate design patent practitioner bar with its final rule published on November 16, 2023 and effective January 2, 2024. Currently, a single patent bar governs registration for anyone seeking to practice before the USPTO in utility, plant, and design patent matters.

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Design Patent Designs Design Graphic Design 111

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.

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Registration Government Designs Design 145

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.

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Designs Design Law Intellectual Property 133

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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Designs Design Publishing Art 134

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.

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Designs Design Registration Marketing 105

TorrentFreak

NOVEMBER 30, 2023

That included those whose names appeared in public WHOIS databases as registrants or owners of domains. Anyone can make a request, via the system, for certain non-public domain registration data. When the General Data Protection Regulation ( GDPR ) came into effect in May 2018, it aimed to protect the personal data of EU citizens.

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Registration Public Domain Privacy Intellectual Property 124

Plagiarism Today

NOVEMBER 16, 2022

1: Ninth Circuit Affirms Validity of Unicolors’ Copyright Registration on Remand, But H&M Scores Big on Remittitur Calculations. The lawsuit was filed by Unicolors, which accused H&M of infringing a 2011 design that they created as part of a 2015 one H&M sold in their stores and online.

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Registration Designs Design Copyright 209

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 96

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

Intellectual Property Law Blog

JANUARY 11, 2023

1992) Takeaway It is always recommended for a mask work applicant to identify the “novel points” in the design during the registration step (e.g., The registration history may be introduced as one piece of evidence to show the materiality of the copied portions.

Designs 130

Designs Design Copying Copyright Law 130

SpicyIP

NOVEMBER 30, 2024

Diplomatic Conference to Conclude and Adopt a Design Law Treaty – Plenary Sessions. It took nearly two decades of negotiation, but member states of the World Intellectual Property Organization (WIPO) have finally adopted the landmark Design Law Treaty (DLT) during the Diplomatic Conference in Riyadh on November 22.

Designs 59

Designs Design Law Intellectual Property 59

JD Supra Law

AUGUST 3, 2023

Your products and product designs are the life blood of your business. However, many companies don’t think about protecting their creative product designs, and product packaging with intellectual property registrations.

Designs 98

Designs Design Intellectual Property Blogging 98

JD Supra Law

JANUARY 19, 2024

Addressing the issue of analogous trademark use, the Trademark Trial & Appeal Board designated precedential a September 6, 2022, decision in which the Board cancelled a registration for CAPTAIN CANNABIS based on the petitioner’s evidence of prior use that was “analogous to trademark use.” Laverne John Andrusiek v.

Registration 85

Registration Trademark Designs Design 85

Patently-O

APRIL 4, 2023

Bertini filed an opposition to Apple’s TM registration which the TTAB eventually dismissed. Note that Apple has substantially moved-on from this issue and redid its logo as shown below using a design-plus-word mark. Meanwhile, Charlie Bertini created his band AppleJazz Band back in 1984 to perform at the AppleJazz festival.

Music 111

Music Registration Trademark Settlement 111

Erik K Pelton

MAY 9, 2022

Examples of those interiors are the Apple Store has a registration for the layout of the store, and Chipotle has a registration for the common design themes that you’ll find in nearly every Chipotle. Footwear designs can also be registered as trademarks. Uniforms can be protected.

Trademark 189

Trademark Registering Trademarks Registration Designs 189

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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Copyright Registration Music Copyright Infringement 296

SpicyIP

OCTOBER 1, 2024

We are pleased to bring to you this sponsored post by IP Press on the extension of the registration deadlines for their Comprehensive Course on Patents, in collaboration with S. The deadline for registration has now been extended to October 4. Majumdar & Co. Majumdar & Co.,

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Registration Intellectual Property IP Patent Drafting 103

Erik K Pelton

NOVEMBER 27, 2023

Important note: once you have an international registration, you will be able to designate countries with WIPO. Fees that you will have to pay to use the Madrid system include WIPO basic fees Fees of each designated country. For Part 1, see here. For Part 1, see here. For Part 1, see here.

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Trademark Registration Designs Design 130

The IPKat

OCTOBER 29, 2024

This is a review of “ Designs Law and Practice (3rd Edition) ” by RPC. Formerly published as Sykes: Intellectual Property in Designs, this is a substantially revised and updated new edition which aims to provide a comprehensive but practical reference source for the various IP rights protecting designs, with a focus on the United Kingdom.

Editing 67

Editing Designs Design Law 67

IP Watchdog

DECEMBER 8, 2024

In 2007, I began attending sessions of the World Intellectual Property Organizations (WIPOs) Standing Committee on Trademarks, Industrial Designs, and Geographical Indications (SCT) in Geneva, Switzerland, to discuss the development of the Design Law Treaty.

Designs 52

Designs Design Law Intellectual Property 52

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 ?

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Registration Trademark IP Advertising 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

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Design Patent Designs Design Patent 66

Plagiarism Today

JANUARY 3, 2022

According to Unicolors, the retailers infringed on one of their designs and sold various goods with it. Though the infringement isn’t in question, the copyright registration is. In the United States, a copyright registration is required before a lawsuit can begin. 5: The Public Domain Expands.

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Copyright Public Domain Registration Social Media 263

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.

Designs 52

Designs Design Law Registration 52

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.

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Trademark Registration Marketing Marketing 138

IP Watchdog

FEBRUARY 23, 2023

Copyright Office (USCO) this week finalized its refusal to uphold, in part, a registration it issued to Kristina Kashtanova for a graphic novel that contained generative artwork and human story and design elements.

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Copyright Artwork Registration Designs 145

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.

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Registration Intellectual Property Contracts Trademark 105

Plagiarism Today

AUGUST 23, 2022

Though there are definitely ways that NFTs and blockchain technology can be useful for handling copyright issues , especially in countries where copyright registration is not required, it should not shock anyone that NFTs, as they exist today, aren’t the path. However, NFTs were never designed for this purpose.

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Copyright Ownership Intellectual Property Technology 252

TorrentFreak

JUNE 28, 2023

Registrations Closed to Stop Spam The last sentence is in the past tense, as user registrations were effectively disabled four years ago. The last ‘new’ user was added to the torrent site on May 22, 2019, and, after that, there were no signs that registrations would reopen anytime soon.

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Registration Copyright Designs Design 145

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 78