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Long-awaited changes for Australian designs receive Royal Assent

The IPKat

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.

Designs 128
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Can A Single Colour Mark Acquire Registration In India?

IP and Legal Filings

2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks. Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3] In this also falls the case of colour marks.

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Tradition has no shape: the protection of a design does not depend on the type of product in which it is incorporated

Garrigues Blog

Simply applying the typical pattern of a “cachirulo” (traditional Aragonese bandana) on a different item of clothing does not confer individual character on the design. That is to say, the appellant questioned whether the comparison had to be made between the designs themselves or between the products in which they were incorporated.

Designs 52
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On Remand from the CAFC, TTAB Denies Petition for Cancellation of "NAKED" Registration for Condoms

The TTABlog

The NAKED condom case returned to the TTAB after a CAFC reversal [ TTABlogged here ] and the Supreme Court's denial of the registrant's petition for writ of certiorari (September 2021). Respondent's evidence and testimony showed that its principal had worked in the birth control industry since 1989, designing a "relaxed-fit" condom.

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EUIPO Fifth Board of Appeal rules out that sale of spare parts for Ferrari’s Testarossa is genuine use of the trade mark

The IPKat

Pursuant to Article 58(1)(a) of Regulation 2017/1001 (EUTMR), a trade mark which has not been put to genuine use by its holder within five years after its registration may be liable to revocation unless there are valid reasons for its non-use.

Fair Use 117
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Protecting Fashion or Stifling Innovation

IIPRD

1] The fashion industry in India is extremely diverse in the type of fabric, labour, design, way of draping, and handwork that is used. Protection of Fashion: IPR Indian fashion houses have begun to toe the line of Western fashion houses by registering their designs and fashion works as IPR. [4] Tahiliani Design Pvt.

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Fashion Copyright and Infringement

IP and Legal Filings

However, it is also important to assess the position of copyright protection offered to fashion designers specifically and the scope of the same. However, in 2003, with the case of Eastern Book Company v. Copyright Act or Design Act? What is the Indian take on originality v. creativity?