JD Supra Law
NOVEMBER 1, 2023
Furniture manufacturer admits intentionally copying designs, asks Supreme Court, What does copying really say about trademark status of design? While offering a new design for sale without obtaining a patent often means the design is now in the public domain, copyright and trademark laws could mean otherwise.
The IPKat
JULY 22, 2021
The title of this book clearly sets out its premise: trademark protection has encroached into what used to be solely copyright’s domain, resulting in an undesirable over-protection of works which impoverishes the public domain and restricts others’ creative endeavours.
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43(B)log
JUNE 24, 2022
If we want to leave certain matter in the public domain, we need to account for the ability to create de facto secondary meaning. Could also read morality provisions in EU law in ways to acknowledge freedom of expression and freedom to compete. Yet the company is aggressive against anyone using that term.
IPilogue
SEPTEMBER 9, 2022
By adopting the unique narrative structure of its books and using the specific phrase “Choose Your Own Adventure Book,” Chooseco accused Netflix of willfully infringing its trademark and ultimately tarnishing the series’ child-friendly reputation. Photo retrieved from Tubefilter.
Dear Rich IP Blog
SEPTEMBER 16, 2020
Dear Rich: A company in Florida filed a trademark on "Louise Brooks" and has used that to remove all Louise Brooks items off of Etsy in order for its company to sell its own Louise Brooks products. The application seemed doomed in February 2019, when the USPTO trademark examiner issued a final office action (FOA) denying registration.
The IPKat
SEPTEMBER 15, 2022
Seen in this light, commercial courts in Russia have resisted turning copyright and trademark law into a political counter-measure against “unfriendly” states. The statue in the picture in the lower middle is the work of József Somogy and the picture is by Burrows, who has put it into the public domain.
Patently-O
AUGUST 10, 2021
Since the low dosage approach is in the public domain, no private company has sufficient incentive to seek and obtain FDA approval. But that suggestion has fallen on deaf ears — presumably because the lack of patent coverage eliminates the incentive to pay the $$$$ required to obtain FDA approval.
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