Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Take these two commonly heard phrases: “I need to copyright my company name,” and “I want to patent my new idea.”. Your Copy-Rights.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

Patent Trademark Blog

MAY 31, 2023

Are competitors copying your products? Perhaps you might want to send them a C&D letter to get them to respect your patents. Would it make sense to send them a trademark infringement letter. Need to enforce your patent and trademark rights, or reply to a cease-and-desist letter?

Cease and Desist 52

Cease and Desist IP Trademark Registration 52

Patent Trademark Blog

MARCH 24, 2022

How to protect your products with trademarks. Trademarks are relatively straightforward. To build protectable trademark rights, you must generally begin using a mark to sell goods or services, or file a US trademark application based on a foreign registration for the same mark. Patents also expire.

Intellectual Property 98

Intellectual Property IP Patent Application Invention 98

azrights

OCTOBER 27, 2021

They copy business models, and any aspect of a business’ successful branding, be it, by introducing new features, copying its positioning, or even using similar names or brand identifiers. Some will copy blatantly, others are more savvy so will copy what they calculate they can get away with. Take Coca Cola as an Example.

Branding 52

Branding Brands Branding Copying 52

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

Patent Trademark Blog

MAY 26, 2023

Call Vic at (949) 223-9623 or email vlin@icaplaw.com to explore options to protect your innovation and stop competitors from copying your products. It’s not the function, but the looks of your product that might be protectable if it’s too late to file a patent. Can you trademark a product shape or feature?

IP 75

IP Patent Design Patent Artwork 75

IP and Legal Filings

OCTOBER 12, 2022

Various jewelry designers have obtained IP protection for their jewelry pieces that range from trademark protection of the brand value to protection of the design itself either through copyright and/ or patents. From 2013 to 2015, Cartier filed various design patents for their iconic panther designed jewelry.

Designs 52

Designs Design Copyright Artistic Work 52

The TTABlog

MAY 25, 2023

Applying the Morton-Norwich factors, and giving some weight to applicant's design patents, the Board concluded that the USPTO failed to make a prima facie case of functionality. JBL pointed to its ownership of seven design patents for rocking chairs of the same or a very similar configuration.

Designs 52

Designs Design Design Patent Advertising 52

43(B)log

FEBRUARY 3, 2023

Christine Farley, Authenticity and Design: Why sell a chair for 10x a visually identical chair? The claim is authenticity: authorized manufacturers and retailers; they call copies counterfeits. and design patents were hard to get/not as valuable at the time. In the 1960s, preemption was big (Sears v. Compco, etc.)

Designs 59

Designs Design Design Patent Branding 59

LexBlog IP

APRIL 19, 2023

Amazon sellers must understand the major forms of intellectual property –patents, trademarks, and copyrights–and the common pitfalls associated with each form to avoid infringement allegations, storefront disruptions or closures, and even lawsuits. Registering trademarks with the U.S.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

Patent Trademark Blog

MARCH 18, 2022

This is where trademarks play a role. Unlike patents, the role of a trademark is not to signify something new, but rather to indicate the source of the product or service. Trademarks can last indefinitely. Unlike patents, trademarks do not necessarily need to be registered in order to be protectable.

Intellectual Property 52

Intellectual Property IP Confidentiality Patent Application 52

43(B)log

JUNE 24, 2022

Relationship to use as a trademark; symmetry b/t types of use that might allow acquisition of rights v. RT: I would say lots of courts in © also try to reduce merger to meaning that you can do anything but copy verbatim, which is a narrowing that many courts in TM don’t bother with, though some variants of Rogers v. Registration v.

Trademark Law 75

Trademark Law Law Trademark Registration 75

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

There are several types of IPRs that startups should be aware of: Patents: Patents protect new inventions and grant exclusive rights to the inventor for a limited period. Startups can secure copyrights to prevent unauthorized copying or distribution of their creative works.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

LexBlog IP

JULY 5, 2022

” [1] The best part about a copyright is that its registration is typically inexpensive and straightforward. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] The application process for a design patent is simple. ” [8].

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

43(B)log

JUNE 24, 2022

Does the ornamentality doctrine have doctrinal purchase elsewhere in trademark law? Is the invocation of ornamentality in the infringement context simply a re-assertion of the supposed trademark use doctrine? But there is an assumption that registration = minimal distinctiveness unless validity is questioned.

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

IIPRD

OCTOBER 17, 2022

Many big companies are getting ready to enter the world of Metaverse, for example, Nike for the purpose of selling virtual footwear and apparel in the virtual world of metaverse filed many trademark applications with the U.S These trademark applications consist of Nike’s logo “just do it” and air Jordan designs.

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

SpicyIP

JANUARY 23, 2023

(DB order) to reiterate that one registered proprietor of a trademark can sue another registered proprietor of a trademark alleging deceptive similarity between the competing marks (para. The Defendant argued that the suit design was published prior to the date of registration under a different trade name.

Designs 105

Designs Design Invention Registration 105

SpicyIP

SEPTEMBER 6, 2021

& Anr passed an interim injunction in favour of the plaintiff restraining the defendants and its associates from using in any manner the trademark RAJDHANI or any other trademark which is deceptively similar to the trademark of the plaintiff [September 1, 2021]. Madhya Pradesh High Court in M/s Mold Tek Packing Ltd.

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Designs Design Inventor Trademark 113

Above the Fold

JULY 5, 2022

1] The best part about a copyright is that its registration is typically inexpensive and straightforward. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] The application process for a design patent is simple.

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

The IPKat

JANUARY 13, 2022

By using asymmetric cryptography it is secured that only the owner can transfer the access rights and that the access rights cannot be copied.) The result is that the smart contract allows you to represent any IP, e.g., trademarks, designs, patents or copyrights, with a token. a MIT license ).

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

SpicyIP

OCTOBER 27, 2023

Challenges Under IP Law Dark patterns are deceptive or manipulative design elements or techniques used in user interfaces to trick users into taking actions they may not want to take. This can lead to trademark infringement, as it involves using another entity’s intellectual property to deceive users.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

Garrigues Blog

JUNE 1, 2021

Banksy Case: registration of a trademark in bad faith and the price of anonymity. The EUIPO has cancelled street artist Banksy’s trademark for the well-known artwork ‘Flower Bomber” on the grounds that it was filed in bad faith. My product was copied and I haven’t registered it. is there anything I can do?

Blogging 52

Blogging IP Advertising Advertising 52

Biswajit Sarkar Copyright Blog

JULY 13, 2022

For a designer that is producing their own fabric, this type of protection proves to be very advantageous. TRADEMARK. A trademark is something that distinguishably identifies the source of the goods and services, such as a term, name, symbol, logo, or design. IP rights protection through registration.

Intellectual Property 52

Intellectual Property Branding Brands Branding 52

LexBlog IP

SEPTEMBER 27, 2021

In a recent decision, the Review Board of the United States Copyright Office (“Board”) reversed an examiner’s prior refusal to register a copyright in the artistic elements present in the bed shown above, paving the way for the applicant to obtain a copyright registration in this work. ” Star Athletica, LLC v.

Designs 52

Designs Design Copyright Artistic Work 52

IP Tech Blog

JANUARY 4, 2023

Can other IP rights like trademarks play a role in protecting NFTs? For NFTs that have to do with an indicator of a company’s trademark, the Lanham Act may provide protection to an NFT as well. Use in commerce and distinctiveness are two basic requirements to obtain trademark protection. Is this the same in the US and China?

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Controller of Patents & Designs Patent Office Mumbai. Controller of Patents and Designs and Raytheon Company v. HULM Entertainment v.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

FEBRUARY 13, 2023

Other Posts Honesty as a Defense vis-à-vis Trademark Infringements: Principle or Provision? Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision.

Designs 52

Designs Design Trademark Cease and Desist 52

SpicyIP

DECEMBER 15, 2023

A cropped version of a scanned copy of a US newspaper named ‘The Examiner’ (image from here ) This post is co-authored with Swaraj. So does this mean that like the QCI previously, the NTA will also supersede the authority of the Controller General of Patents, Designs and Trademarks (CGPDTM) in the process of recruiting its officers?

Patent 59

Patent Higher Education Designs Design 59

43(B)log

FEBRUARY 23, 2024

Volume of decisions by hearing officers: registrability decisions have first mover advantage. One of the risks of looking at only one side is that you can’t actually grant a “narrow” registration. Question to explore: is the large number of these connected to post-registration audit?) That’s of registrations w/a response.

Registration 59

Registration Branding Brands Branding 59

SpicyIP

NOVEMBER 15, 2022

Registrar of Trademarks. permanent injunction against the Respondent from using the trademark and trade dress similar to the Plaintiff’s ‘Yellow Diamond’ mark and trade dress. Image from here. The Shape of Shape Marks in India. Decreeing the suit filed by the Plaintiff in the matter, the Delhi District Court passed an order of.

Trademark 105

Trademark Patent Copyright Designs 105

LexBlog IP

DECEMBER 6, 2021

Software products, functionality, and source code can be protected through various means, including trademarks, copyrights, patents, trade secrets, and non-disclosure agreements. Jump To: Trademark Protection for Branding. Trademark Protection for Branding. Patent Protection for Functionality.

Intellectual Property 52

Intellectual Property Patent Application Invention Branding 52

LexBlog IP

JANUARY 4, 2023

Can other IP rights like trademarks play a role in protecting NFTs? For NFTs that have to do with an indicator of a company’s trademark, the Lanham Act may provide protection to an NFT as well. Use in commerce and distinctiveness are two basic requirements to obtain trademark protection. If yes, under what circumstances?

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes. It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes. It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes. It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain.

Technology 52

Technology Patent IP Invention 52