The IPKat

SEPTEMBER 3, 2021

In this ruling, which originated from a design invalidity claim before the EUIPO (OHIM, as it was known then), the Court of Justice construed the meaning of the ‘informed user’. Under EU design law, the ‘informed user’ is the standard on the basis of which it examines both the validity and the infringement of a design.

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The IPKat

SEPTEMBER 14, 2021

Differences in the treatment of design law across jurisdictions remain a fascinating subject. Kat friend, Dr. Tyrone Berger , reports on what he calls "long-awaited changes" to the design law of Australia. Inadvertent disclosures are often a result of a lack of awareness of the operation of the design system.

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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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IP Tech Blog

MARCH 8, 2024

On September 18, 2023, NetChoice, LLC — a national trade association with members from the tech and social media industry — obtained a preliminary injunction from the District Court for the Northern District of California preventing the State of California from enforcing the California Age-Appropriate Design Code Act (“AADC” or the “Act”).

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Designs Design Social Media Privacy 57

The IPKat

JANUARY 25, 2024

By decision of 24 January 2024 ( T-537/22 ), the General Court of the European Union (GC) confirmed the validity of the Registered Community Design (RCD) by Lego A/S (Lego) “Building blocks from a toy building set” by stating that an RCD is invalid only if all its features are excluded from protection. On 2 February 2010 Lego obtained RCD No.

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The IPKat

FEBRUARY 26, 2023

In a recent decision, the Third Board of Appeal (BoA) of the EUIPO found that a design for heated socks, pictured to the lower right, is not necessarily functional (case R 878/2022-3 ). Background Design owner, Lenz, sells products known as “ heated socks ”. In 2012, Lenz registered the Community design, shown to the right.

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Velocity of Content

FEBRUARY 8, 2023

CCC is pleased to once again be participating in and speaking at the National Information Standards Organization’s (NISO) Plus 2023 Conference. This year’s theme, “Global Conversations, Global Connections”, promises to look at the importance of metadata in the information standards space.

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The IPKat

FEBRUARY 29, 2024

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.

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The IPKat

DECEMBER 21, 2021

While awaiting for the new EU Design Directive (expected in 2022 ), this Kat decided to look back at one of the current Directive’s most discussed provisions: functional designs. 8(1) of Regulation 6/2002), “a design right shall not subsist in features of appearance of a product which are solely dictated by its technical function.”

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LexBlog IP

FEBRUARY 15, 2024

As outlined in our previous post , securing a partial design claim in China is akin to hitting a moving target, as the interpretation of partial design claims in China has varied among cases and examiners. ” Independent and Complete Design Units For now, partial claims should form an independent and complete design unit.

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Patent Trademark Blog

DECEMBER 12, 2022

What is the filing deadline for a US design patent based on a foreign priority application? A US design patent application must be filed within six months of your foreign priority date. What is the cost to file a US design patent application with a priority claim? Can you speed up the design patent examination process?

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Patent Trademark Blog

DECEMBER 12, 2023

Design Patent Application: Where to Start Are you thinking about filing a design patent, but not sure where to begin? We’ll walk through the information and materials required to start the design patent application process. Need to file a design patent? Do you have a 3D file or photos of your design?

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Technology & Marketing Law Blog

APRIL 28, 2023

Despite the California Legislature’s blunder last year with AB 2273 (the Age Appropriate Design Code), many states, including Minnesota, are stubbornly pushing for nearly identical laws. Recently, the Senate Judiciary Committee heard the bill for informational purposes. The bill is currently pending approval by both chambers.

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Patent Trademark Blog

MARCH 16, 2022

What makes a design patent better? Design patents are quite simple. You do a bit of research into the differences between a design and utility patent , and conclude that design is the way to go. Your patent attorney will have an illustrator prepare the drawings, and then file the design patent application.

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LexBlog IP

MARCH 8, 2024

It found that the Act’s prohibitions, such as the collecting, sharing, or selling of personal information for age-profiling or other purposes, “limits the ‘availability and use’ of information by certain speakers and for certain purposes and thus regulates protected speech.” The reason?

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JD Supra Law

MAY 15, 2023

This recurring feature highlights any new PTAB precedential and/or informative decisions, any new substantive Director review decisions, and any new substantive decisions issued by the Precedential Opinion Panel (POP). The current issue includes decisions entered (or designated as precedential) between January 1, 2023 and March 31, 2023.

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Kluwer Copyright Blog

FEBRUARY 8, 2024

This choice may be influenced by the design of the product, the cost of repair or available repairers. One of these measures is the proposal to amend the Design Directive by including a specific repair clause for design protection. Design rights provide protection to the appearance of a (part of a) product.

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Patent Trademark Blog

NOVEMBER 28, 2023

How long is the average design patent application? There are two tracks or timeframes for US design patents. On the fast track known as Rocket Docket , you may be able to get a design patent granted in about 5-10 months from the filing date if there are no rejections. Need to get US design patents quickly?

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The IPKat

JULY 22, 2022

On 21 July 2022, Member States of the World Intellectual Property Organization (WIPO) approved the convening of diplomatic conferences on designs and genetic resources, no later than 2024. Diplomatic conferences are negotiating rounds where multilateral treaties are adopted or revised.

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The IPKat

JANUARY 31, 2022

The UK Intellectual Property Office (IPO) is carrying out a Call for Views as part of a review of the designs system to make sure it remains fit for the future. The IPO have provided the following details: The designs system enables rights holders to protect designs and enforce their rights.

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IIPRD

JANUARY 28, 2023

The fact that data principals frequently lack the required knowledge to know what type of private information is useful for a specific purpose is ignored when collection is made conditional solely on consent. It is the responsibility of regulators to make sure that these technologies protect individuals’ informational privacy.

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IP Law 360

AUGUST 23, 2023

has sued two individuals, claiming they misused the company's confidential information to develop and secure U.K. patent protections for a bottle lock design that is "notably similar" to one of its designs. Retail security company Algreta Solutions Ltd.

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The IPKat

JANUARY 15, 2022

This is a guest book review of the Research Handbook on Design Law , edited by Henning Hartwig, Attorney-at-Law, Bardehle Pagenberg, Munich, Germany. Designs overlap with all the other IP rights and are vital for a wide range of industries from fashion to automotive. Durkin, Ádám György, Mark D. The book does not disappoint.

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IP and Legal Filings

JUNE 8, 2022

One of them is ‘Design’ which is a composition of colors, shapes patterns, etc which add value and attraction to the product. Designs are advantageous assets that can be protected only if registered under the Designs Act, 2000. Website Designs. PROTECTION OF DESIGN. Picture Credit: Shutterstock].

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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. Opull’ence appealed.

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Designs Design Art Intellectual Property 73

IP Watchdog

NOVEMBER 14, 2023

The United States Patent and Trademark Office (USPTO) issued its one millionth design patent on September 26, 2023. D1,000,000 claims the ornamental design for a dispensing comb. This milestone comes during a particularly prolific period for design patents.

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Design Patent Designs Design Patent 59

The IPKat

JANUARY 10, 2022

The Plan provides that during the French Presidency, the Council will start working on the Commission’s proposal on industrial designs. Originally planned for 2021, the Commission’s proposal to review the Design Directive and the Design Regulation is to be unveiled in the second quarter of 2022.

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IP Law 360

MAY 6, 2024

The North Carolina's business court scrapped an interior designer's claims that a competitor stole cabinetry designs and customer information when it hired a former employee, sparing only an accusation that the ex-worker embezzled money.

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IPilogue

JUNE 27, 2022

The Sponsored Stories were not displayed on the user’s home page and Facebook did not inform the user when their name and image was part of a Sponsored Story. Further, the Court held that Facebook could not establish a basis for implied consent as users were not informed when their information was used in Sponsored Stories.

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Patently-O

JANUARY 13, 2023

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. 33 Berkeley Tech.

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Selvam & Selvam Blog

DECEMBER 17, 2022

In a welcome move the Controller General of Patents, Designs & Trade Marks by public notice dated December 16, 2022 eliminated the mandatory requirement of filing physical copies of the forms for filing a design application in India. efiling #designs.

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JD Supra Law

MARCH 8, 2023

On 31 January 2023, the IPEC held that Aldi had infringed M&S’s registered design for gin bottles. Aldi’s products did not produce a different overall impression on the informed user. By: Hogan Lovells

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LexBlog IP

OCTOBER 19, 2023

A debate is growing within the trade secret community about the scope of information that should be protected–specifically, confidential information that does not rise to the level of a trade secret. On October 12, 2023, in Hanneman Family Funeral Home & Crematorium v. So what was the case about?

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The IPKat

JANUARY 18, 2022

While this Kat was inquiring about the role of alternative designs in examination of Art. The claimant in the national case, Papierfabriek Doetinchem, is the owner of Community Design No 001344022-0006 for a “packaging device” i.e., a holder for paper rolls (see the image to the right). The case goes as follows. 8(1) Regulation 6/2002.

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The IPKat

MAY 16, 2023

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 ).

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IP Tech Blog

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

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43(B)log

MARCH 20, 2023

15, 2023) When is informational material related to a for-profit company’s business commercial speech? Crawlspace Ninja “sells and distributes a variety of products designed to waterproof crawl spaces and remediate mold,” including Anabec x70, “a moisture barrier product designed for application to unfinished building surfaces.”

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