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Does the cumulation of IP-rights undermine the effectiveness of the Repair Clause in the Design Directive?

Kluwer Copyright Blog

Photo by Alexander Andrews on Unsplash Europeans are the biggest producers of electronic equipment waste (‘e-waste’); according to recent numbers , in 2018 approximately 4 million tons of e-waste were discarded in the European Union. This choice may be influenced by the design of the product, the cost of repair or available repairers.

Designs 73
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Red Hex Rivalry: Valcrum Hubcaps vs. Dexter’s Fortress

Indiana Intellectual Property Law

In Cyprus, Texas , Valcrum, LLC (“Valcrum”), a company specializing in trailer and axle market products, is engaged in a legal dispute with Dexter Axle Company, LLC (“Dexter”) from Indiana over trademark and trade dress infringement regarding a hubcap design.

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M&S "gin-joys" registered design victory against Aldi in E&W Court of Appeal judgment regarding flavoured liqueur lookalikes

The IPKat

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.

Designs 62
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StreamSafely: Anti-Piracy Campaign or Multi-Million Dollar Marketing Machine?

TorrentFreak

StreamSafely: How it All Began The people who came up with the StreamSafely campaign and still run it today are collectively known as Ctam Cable Marketing Association Inc. , As the current member list shows, cable marketing has considerable scope. or CTAM for short. ” Under the heading The Cable Industry v. million expenses, $1.1

Marketing 102
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Guest Post by Prof. Burstein: Design patents: Line drawing & Locarno

Patently-O

My 2015 article, The Patented Design , was mentioned several times during the argument. In that article, I argued that a design patent’s scope should be limited to the design as applied to a specific type of product. Sarah Burstein, The Patented Design , 83 Tenn. The asserted design patent, U.S. 607, 612 (2018).).

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Can a third party rely on the 12-month grace period for prior design disclosure?

The IPKat

The threshold for design protection in the EU is low. The design must be new and have individual character ( Art. 4(1) Community Design Regulation , ‘CDR’). The purpose of this grace period is to allow the designer or its successor to test the products in which the design is embodied in the market ( Recital 20 CDR ).

Designs 91
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Trademark Enforcement In E-Market : Challenges In Identifying The Infringer And Holding Them Accountable

IP and Legal Filings

These E-commerce platforms make it simple to access consumer goods from a computer or smart phone, but they also, by their very nature, make it simple for counterfeiters to market their counterfeit goods. In the year 2017 the market value of the E-commerce was $38.5 344/2018]. [5] 344/2018]. [6] 344/2018]. [7]