IP Watchdog

JANUARY 27, 2023

This week in Other Barks & Bites: Nike sues BAPE for copying its shoe design; the five largest patent offices announce an increase of 10% in patent grants for 2022; and Hershey settles a trademark dispute with a California cookie company; and the Information Technology and Innovation Foundation (ITIF) condemns the Indian government’s takedown (..)

Copying 44

Copying Designs Design Government 44

The IPKat

JANUARY 30, 2024

This Kat has found a recent decision issued by the Paris Court of Appeal in a dispute over the allegedly unlawful reproduction of a t-shirt design. This ruling was an opportunity for the court to reiterate that a garment can be protected by copyright and design law. Consequently, no copyright infringement could be found.

Designs 73

Designs Design Art Intellectual Property 73

The TTABlog

DECEMBER 13, 2022

District Court for the Eastern District of Virginia upheld the TTAB's decision [ TTABlogged here ] affirming a refusal to register certain features of Timberland's boot design on the ground that the proposed mark for "footwear, namely, lace-up boots" lacked acquired distinctiveness. December 8, 2022). Welch 2022. l:21CV681 (E.D.

Designs 96

Designs Design Advertising Advertising 96

LexBlog IP

MARCH 8, 2022

TUESDAY, MARCH 8, 2022. Ferrari was issued a new design patent D945,320 titled, “Car, Toy Car Replica And/Or Other Replica.” ” While this patent does not mention the specific model of vehicle for the design, the look bears similarity to the Scuderia Ferrari SF1000 that raced in the 2020 Formula One season.

Design Patent 52

Design Patent Patent Intellectual Property Designs 52

IPilogue

MAY 20, 2022

The deadline to apply for an IPJ Student Editor position has been extended to May 31, 2022 at 4 PM. Founded in 1984, the Intellectual Property Journal (IPJ) covers matters relating to all aspects of Intellectual Property such as patents, trademarks, copyright, designs, trade secrets, and related areas such as privacy. 1-2 hrs per week.

Intellectual Property 81

Intellectual Property Journalism Editing Privacy 81

IPilogue

APRIL 29, 2022

Founded in 1984, the Intellectual Property Journal (IPJ) covers matters relating to all aspects of Intellectual Property such as patents, trademarks, copyright, designs, trade secrets, and related areas such as privacy. Term : Fall Semester (September 2022). Copy of your resume and grades. T ime Demands: Approx.

Intellectual Property 81

Intellectual Property Journalism Editing Privacy 81

LexBlog IP

APRIL 6, 2022

Design patents, sometimes referred to as industrial designs, protect the aesthetic appearance of a product. In other words, unless international or regional treaties are available, a grant of design rights has to be obtained individually in each country of interest. On 5 th May 2022 , China becomes a member of the Hague System.

Designs 52

Designs Design Intellectual Property Registration 52

Fish & Richardson Trademark & Copyright Thoughts

MAY 10, 2022

Carson Design & Mfg., 21-cv-619 (WMW/DTS), 2022 WL 610967 (D. Feb 2, 2022). Plaintiff Schwab-Vollhaber-Lubratt (“SVL”) sued Defendants Carson Design and Manufacturing and Midwest Mechanical Supply alleging infringement of certain SVL patents. 2022 WL 610967, at *1. 21-437 (JRT/LIB), 2022 WL 816551 (D.

Litigation 52

Litigation Patent Designs Design 52

Kluwer Copyright Blog

APRIL 13, 2023

In this edition, we report on an AG Opinion that came out late in 2022 and update you on what has happened in the first trimester of 2023 in EU copyright law. For the a comment on the most recent Court judgment on private copying and the cloud (Case C-433/20), also coming from Austria, see here.

Copyright Law 75

Copyright Law Law Copyright Copying 75

Intellectual Property Law Blog

FEBRUARY 13, 2024

2022-1862 (Fed. For Baird, the Federal Circuit pointed out that the claimed 40 °F to 60 °F range was found to be a “different invention” from the disclosed 32 °F to 176 °F range because the claim had been copied from a different patent in order to initiate an interference proceeding. RAI Strategic Holdings, Inc.

Art 130

Art Invention Copying Designs 130

LexBlog IP

JANUARY 11, 2023

Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Compendium: Chapter 1200, sections 1201-1202. In particular, Section 1213.2

Registration 40

Registration Designs Design Copying 40

Plagiarism Today

JANUARY 4, 2023

In October 2022, the Competition Commission of India (CCI) fined Google some 13.38 According to Google, there were at least 50 instances of copying, some of which were “word-for-word”. Copy and Paste Roundup. That decision was recently upheld by the European Court of Justice , though the fine was slightly reduced.

Plagiarism 209

Plagiarism Copying Reporting Licensing 209

LexBlog IP

DECEMBER 26, 2023

Their terms say I own full commercial (note they don’t say “exclusive”) rights to it and can apply for trademark registration for it (through the, naturally, even though they aren’t lawyers and will just copy whatever you provide them into the application and submit it whether it’s appropriate or not).

Designs 52

Designs Design Trademark Copyright 52

IPilogue

DECEMBER 9, 2022

On 30 September 2022, the much-awaited jury verdict for Alexander v Take Two Interactive Software Inc. & Alexander inked WWE professional wrestler Randy Orton with a total of six tattoos including tribal tattoos designed by another tattoo artist which Alexander extended per Randy Orton’s request. was released. Final Call, Inc.,

Fair Use 112

Fair Use Copying Licensing Copyright 112

TorrentFreak

FEBRUARY 11, 2024

The last time developer Christopher Boomer appeared on our radar was back in July 2022 when he attempted to unmask thousands of alleged copyright infringers using the DMCA subpoena process. The same gameplay mechanics also appear in Get Muscles Simulator but the complaint alleges that copying goes well beyond that.

Copying 76

Copying Artwork Designs Design 76

The TTABlog

FEBRUARY 10, 2022

Relying on Applicant's own advertising touting the design of its knife blade and its ease of manufacture (yielding lower cost), the Board affirmed Examining Attorney Caroline L. Moran's Section 2(e)(5) functionality refusal of the design of a "serration pattern" on the blade of a knife (shown below). See TTABlog comment below. -

Design Patent 89

Design Patent Advertising Advertising Designs 89

Patently-O

MARCH 10, 2022

Cirrus Design ( Fed. Fleming sent a copy of his pending patent application to Cirrus who apparently then released a new aircraft embodying his patented design. Fleming also argued copying – that Cirrus had copied his invention – and that copying is a strong indicia of nonobviousness.

Copying 70

Copying Art Patent Application Inventor 70

Plagiarism Today

JANUARY 5, 2022

On January 1, 2022, works that were first published in the year 1926 lapsed into the public domain. This means that others are free to copy, publish, distribute, create new works based upon it and otherwise make use of it without a license. However, the name that’s received the lion’s share of the attention has been A.A.

Public Domain 352

Public Domain Art Publishing Plagiarism 352

Plagiarism Today

JANUARY 5, 2023

As we discussed earlier this week , artificial intelligence was by far the biggest and most important plagiarism story of 2022 and likely will be in 2023. That has been further compounded by the release of ChatGPT in November 2022. The issue is simple. Advantages: . Already baked into current assessment systems.

Plagiarism 224

Plagiarism Editing Technology Contracts 224

Patently-O

JANUARY 28, 2024

by Dennis Crouch Ficep begins its petition for certiorari with a brilliant statement of how its patented steel manufacturing method has won numerous awards and complements for its innovative approach, been copied by competitors, and led to numerous successful sales. There was copying by competitors. 2022-1590, 2023 WL 5346043 (Fed.

Technology 80

Technology Invention Designs Design 80

Kluwer Copyright Blog

MARCH 14, 2024

This article summarises the most important BGH copyright decisions in 2022 as well as selected lower-court case law. According to Section 45(1) and (3) UrhG, the creation and communication to the public of individual copies of works to be used in proceedings before official bodies are permitted.

Law 64

Law Music Copyright Art 64

The TTABlog

JANUARY 8, 2024

The TTAB has re-designated as precedential its September 2022 opinion in this cancellation proceeding. 92064830 (September 6, 2022) [re-designated as precedential, January 4, 2024] (Opinion by Judge Frances S. He sold copies of comic books featuring the character and displayed the comic books at a comic convention.

Registration 73

Registration Trademark Social Media Designs 73

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

Blogging 95

Blogging Copying Social Media Copyright 95

TorrentFreak

JANUARY 23, 2023

FIFA World Cup 2022 got underway on November 20 in Qatar, and in the hours leading up to December 10, Homeland Security Investigations began seizing pirate streaming site domains. Submitted by HSI Special Agent Jones under two different case numbers, the affidavits carry the signature of Judge Maddox dated December 16, 2022.

Reporting 122

Reporting Copying Copyright Government 122

TorrentFreak

AUGUST 12, 2022

Microsoft’s problem is that product activation keys can be ‘decoupled’ from the software they were meant to authorize and then reused to activate more copies of the software, in some cases more copies than the attached Microsoft license permits. Microsoft’s complaint can be found here (pdf).

Copying 104

Copying Licensing Marketing Marketing 104

IPilogue

NOVEMBER 9, 2022

A decision dated August 5, 2022 from the United Kingdom’s High Court of Justice has the potential to expand the definition of “artistic works of craftmanship” under UK copyright law. Liking admitted to copying the eighth iteration of the WaterRower in creating its rival rowing machine, the TOPIOM Model 1. The Facts at Issue.

Art 73

Art Artistic Work Copyright Law Designs 73

BYU Copyright Blog

FEBRUARY 23, 2023

In April 2022, Kev & Cooper LLC ("Kev & Cooper") filed a lawsuit against Gladwell LLC ("Gladwell") in the United States District Court for the District of New Jersey, alleging that Gladwell had created and sold educational rugs that were copies of Kev & Cooper's copyrighted designs.

Copyright 52

Copyright Intellectual Property Ownership Designs 52

TorrentFreak

MAY 7, 2023

In February 2022, U.S. DISH said it sent “hundreds of notices” requesting removal of content under the DMCA, along with copies of lawsuits and judgments relating to pirate IPTV services. DISH had made an intital offer back in October 2022 and DataCamp responded two weeks later. broadcaster DISH Network filed a $32.5m

Settlement 111

Settlement Confidentiality Reporting Copyright Infringement 111

The IPKat

FEBRUARY 13, 2022

DESIGN On Saturday, February 5, 2022, WIPO announced China's accession to the Hague System, making it the 68th contracting party to the 1999 Act and the 77th member of the Hague Union. But what happens when it comes to e-books and audiobooks, where copyright owners typically license access to the works rather than selling copies?

Blogging 52

Blogging IP Copying Copyright 52

LexBlog IP

FEBRUARY 21, 2023

” [2] In December of 2022, the USPTO designated two recent decisions as precedential, Apple Inc. 7] Patent Quality Assurance (PQA) filed a Petition for IPR challenging the relevant claims on the VLSI jury verdict copying “extensively” from an earlier Intel petition. [8] VLSI Technology LLC. [4] 4] Apple Inc.

Technology 52

Technology Designs Design Patent 52

43(B)log

FEBRUARY 19, 2022

Courts’ use of genericity as a boundary in religious cases seems to be designed to limit sects’ trademark control over anything but a church name or logo —which aligns it with an anti-fraud regime, but not with modern trademark law. Next thing that happened: Omaha Quilt Guild copied Just Wanna Quilt’s logo for its show.

Trademark Law 72

Trademark Law Trademark Art Branding 72

Copyright Lately

JANUARY 23, 2024

She’s actually listed as a witness for both sides: Sedlik plans to call Von D to testify regarding the copying of his photograph and her use of the resulting Miles Davis tattoo on social media. A fair use finding may be the only way to ensure that all of these photos aren’t considered to be infringing copies.

Social Media 140

Social Media Fair Use Copyright Infringement Copying 140

Technology & Marketing Law Blog

OCTOBER 2, 2022

The plaintiff, NOC, is a teenager who has copyrighted designs in hand-drawn dots that Target allegedly copied in the clothing line. However, Target’s allegedly infringing works apparently were designed no later than December 2017. Levin, 2022 WL 4351968 (C.D. 2022 WL 4540091 (D. Case Citation : Cooley v.

Copyright 96

Copyright Artwork Designs Design 96

Technology & Marketing Law Blog

MARCH 6, 2022

” With respect to whether Babybus’ baby character infringed Moonbug’s baby, Babybus claimed that the alleged copying related to generic features found in nature. . 2022 WL 580788 (N.D. HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. Prior Posts on Section 512(f). *

Fair Use 95

Fair Use Cease and Desist Copying Copyright Infringement 95

Patently-O

AUGUST 24, 2023

In its recent Volva Penta decision, the Federal Circuit found that the PTAB had (1) created too high of a burden to prove nexus and (2) been unduly dismissive of the patentee’s evidence of commercial success and copying. The case also serves as a reminder that product copying still caries significant weight in the obviousness analysis.

Invention 52

Invention Copying Art Designs 52

BYU Copyright Blog

OCTOBER 17, 2022

On October 13, 2022 photographer Eric Bowers ("Bowers") filed a lawsuit against Johnson County Community College (the "College") claiming that the College used his photograph of the "One Light" building in Kansas City (the "Work") without permission.

Graphic Design 52

Graphic Design Settlement Advertising Advertising 52

TorrentFreak

MAY 22, 2023

While an occasional copy-and-paste is known to alleviate boredom, peer pressure at a vulnerable moment can lead to a whole file or even an entire folder being permanently copied to a USB stick. ” Sam: “It’s well designed! Try to go pirating wearing these.” Thanks coach!”

Cinema 132

Cinema Copying Television Music 132