The IPKat

DECEMBER 10, 2023

Copyright Anastasiia Kyrylenko discussed the recent interpretation of Article 4 of Directive 2004/48/EC by the CJEU in relation to possibility for collective management organisations to bring, in their own name, actions for copyright infringement on behalf of the right holders. Here is what you missed last week on the IPKat.

Registration 67

Registration Copyright Law Copyright Intellectual Property 67

The IPKat

JANUARY 22, 2024

In particular EU-wide injunctions for (alleged) infringement of EU trade marks or designs can be quite costly if they are lifted subsequently. When a provisional measure against an alleged IP infringement is lifted, the defendant must, in principle, be able to claim compensation for losses suffered as a consequence of the provisional measure.

Art 70

Art Intellectual Property Marketing Marketing 70

LexBlog IP

JUNE 26, 2023

The court concluded that JSC’s unique designs acquired secondary meaning in the eyes of consumers in the furniture market, particularly because of Trendily’s copying, and possessed protectable trade dress. JSC designs high-end furniture hand-crafted by woodworkers in Indonesia. Trendily appealed.

Copying 52

Copying Social Media Designs Design 52

The IPKat

FEBRUARY 7, 2022

Whilst Asia has been rather dormant in the IP field this past week due to the Chinese New Year holidays, there have been a number of developments on the European side:- The Dragon Kat Designs The UK IPO is carrying out a Call for Views on that country’s design system. The deadline for responses is 25 March 2022.

Designs 67

Designs Design Intellectual Property IP 67

The IPKat

OCTOBER 30, 2022

Kat readers interested in EU design law likely remember the textbook case concerning the validity of a design for a shower drain. This case, which reached the Court of Justice (CJEU ) in 2017, discussed whether the same public shall be considered when examining novelty, and individual character a design, respectively.

Designs 76

Designs Design Art Law 76

IPilogue

OCTOBER 26, 2022

The Italian Code , which came into effect in 2004 and was updated in 2016, operates independently from copyright law. Following this designation , objects require authorization and a licence fee to be used commercially by third parties regardless of whether the work is in the public domain.

Social Media 120

Social Media Cease and Desist Public Domain Artwork 120

Indiana Intellectual Property Law

AUGUST 6, 2021

Evansville, Indiana – In 2004, the Coca-Cola Company launched its Full Throttle® energy drink brand, which was later apparently acquired by Monster Beverage Company (“Monster”) in 2015. Energy also claims it has used a distinctive trade dress on its Full Throttle® products since 2004. Registration Nos.

Cease and Desist 52

Cease and Desist Trademark Branding Brands 52

Indiana Intellectual Property Law

MARCH 14, 2023

Starmark Cremation Products began in 2004 designing and marketing a small line of engineered cremation solutions. They have designed, marketing and manufactured Sensible Solutions for its customers. Vandor began by specializing in custom die-cutting of chipboard and corrugated fiberboard components.

Patent Infringement 40

Patent Infringement Social Media Patent Designs 40

The TTABlog

MARCH 20, 2023

referred to as the "Ridge Designs"). In other words, the issue is whether the designs of both safety helmets work better in the configurations at issue. As to the second factor, there was no evidence of advertising touting the utilitarian benefits of the Ridge Designs. In re Morton-Norwich Prods.,

Registration 68

Registration Advertising Advertising Designs 68

TorrentFreak

FEBRUARY 8, 2024

Epic Battle For The Internet In 2004, Belgian music rights group SABAM made an extraordinary move designed to force ISPs into compliance. Broadly speaking, ISPs were concerned by the threats; on balance, however, putting customer interests last wouldn’t have been an ideal strategy in a rapidly growing market.

Law 102

Law Publishing Marketing Marketing 102

The IPKat

DECEMBER 19, 2022

The AAs’ IP enforcement norms (modelled on Directive 2004/48/EC , Regulation 608/2013 , and Directive 2000/31/EC ) did not only favour IP rightholders. I also reached similar conclusions with regards to design law in a parallel study. Now, my research has shown that not all academic criticism was completely justified.

IP 125

IP Intellectual Property Law Copying 125

Kashishipr

SEPTEMBER 20, 2021

SSPL was incorporated in 2004. The label in question was designed by an employee of SK Oil Industries. When SSPL was incorporated in 2004, SK Oil Industries had assigned it the label’s copyright. According to the plaintiff, the defendant used a similar trade dress and labeling for its soya bean oil products.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

Patently-O

JANUARY 19, 2024

Ownership of Invention : By accepting employment with the Corporation, you hereby agree that all discoveries, designs, devices, and concepts developed by you in the course of and during your employment with the Corporation shall be the property of the Corporation. The quote above comes from the employment agreement.

Inventor 69

Inventor Ownership Contracts Intellectual Property 69

Indiana Intellectual Property Law

DECEMBER 23, 2022

According to the complaint, Gema is a worldwide leader in the design and manufacture of electrostatic powder coating control units, and powder feed systems. The Design Patents are for a variety of powder guns and spray equipment. September 14, 2004. They allege to be an Integrator of Gema Products, not a Gema Distributor.

Trademark 52

Trademark False Advertising Patent Registration 52

The IPKat

DECEMBER 23, 2022

On 24 January 2019, Hotel Cipriani S.P.A (‘Hotel Cipriani’) filed a revocation request against all of the goods designated to the contested EUTM, invoking Article 58(1)(a) EUTMR.

Marketing 73

Marketing Marketing Publishing Designs 73

IIPRD

JUNE 29, 2022

The monogram was designed to help them brand their firm and prevent copycats from trespassing on their turf. Fashion and luxury goods manufacturing requires a great deal of imagination, from the designs of the garments to the patterns, shapes, logos, symbols, and names associated with them. IP PROTECTION LOUI VUITTON PRODUCTS HAVE.

Intellectual Property 98

Intellectual Property Branding Brands Branding 98

TorrentFreak

JANUARY 15, 2024

Back in 2004, when LimeWire was the file-sharing client of choice for millions of users, FrostWire appeared as the new kid on the block. Our platform is designed to respect and uphold the rights of content creators while promoting open and legal digital sharing. We unequivocally condemn copyright infringement.

Music 100

Music Copyright Infringement Copyright Copying 100

Canadian Intellectual Property Blog

OCTOBER 14, 2020

Industrial designs are another useful tool in your IP arsenal and can be used to protect the three-dimensional features of a shape and configuration, as well as the two-dimensional features (patterns and ornaments) of finished products intended to be sold (e.g., Once granted, an industrial design offers protection for up to 15 years.

Intellectual Property 52

Intellectual Property Intellectual Property Law Designs Design 52

The IPKat

JULY 15, 2021

Tequila is protected in the European Union pursuant to the Agreement between Mexico and the European Community on the mutual recognition and protection of designations for spirit drinks of 1997 , as amended in 2004 and 2020.

Confidentiality 127

Confidentiality Designs Design Marketing 127

U.S. Department of Commerce

OCTOBER 29, 2021

Since 2004, October has been recognized as Cybersecurity Awareness Month. Cybersecurity Month: NIST Cybersecurity Framework and the Benefits of a Unified Approach in Securing our Cyberspace. October 29, 2021. KCPullen@doc.gov. Fri, 10/29/2021 - 12:00. Cybersecurity. Graphic on Cybersecurity Awareness Month.

Technology 85

Technology Government Designs Design 85

The IPKat

AUGUST 17, 2021

Both Protected Designation of Origin (PDO) and Protected Geographical Indication (PGI) rely on the origin link (e.g., Zappalaglio observes regional trends in GI registration, which he complements with an analysis of the GIs registered by the EU Member States that joined the EU after 2004.

Law 131

Law Registration Publishing Designs 131

Patently-O

SEPTEMBER 25, 2023

Although the decision is designated nonprecedential, it includes a number of interesting lessons on the requirements for definiteness and disclosure of corresponding structure under 35 U.S.C. Google LLC , Nos. 22-1066, -1067 (Fed. The Technology at Issue The first patent at issue was U.S. The second portion of the appeal focused on U.S.

Patent 72

Patent Designs Design Invention 72

Technology & Marketing Law Blog

DECEMBER 15, 2021

In 2004, the Ninth Circuit eviscerated it (in the Rossi case) by requiring plaintiffs to show that senders subjectively believed their takedown notices were abusive. Diebold from 2004, which led to a $125k damages award. Defendant had not obtained the Deposit Design from the Copyright Office. A New 512(f) Plaintiff Win!

Registration 110

Registration Fair Use Copyright Designs 110

Patently-O

SEPTEMBER 24, 2023

2004) for the principle that “where a non-moving party denies a factual allegation by the party moving for summary judgment, that denial must include a specific reference to the affidavit or other part of the record that supports such a denial.” The case arose in N.D. Aramark Uniform Services , 368 F.3d 3d 809 (7th Cir.

Settlement 94

Settlement Licensing Privacy Business 94

IPilogue

NOVEMBER 11, 2021

However, fair dealing’s designation as an “exception” inherently produces a negative implication: that copyright law is the “natural order” of things. The Court refers to it more specifically as a “user’s right”. That anyone’s use of a copyright-protected work infringes the copyright owner’s property.

Fair Use 110

Fair Use Copyright Law Copyright Intellectual Property 110

Technology & Marketing Law Blog

JANUARY 18, 2024

4) Social media “defective design” lawsuits go forward. Snap opinion , plaintiffs are–with some preliminary successes–arguing that social media services defectively design how they gather, organize, and disseminate third-party content. and the transition to a Web 3.0 Following the Lemmon v.

Law 101

Law Social Media Advertising Advertising 101

The IPKat

NOVEMBER 22, 2022

The IPKat is pleased to host the following post by former GuestKat Jan Jacobi , analyzing the recently released Opinion of Advocate General (AG) Rantos in Castorama Polska, C-628/21, a referral for a preliminary ruling from Poland asking about the correct interpretation of the right to information under the Enforcement Directive 2004/48.

IP 52

IP Intellectual Property Copyright Ownership 52

IP and Legal Filings

JANUARY 24, 2023

When it comes to AI, there are various entities for which a claim for copyright could be made: Programmer: One of the main contention of granting ownership to AI is that it is the programmer who designs, creates, or trains the computer software, without which the AI system would not have been created. 539 [5] [1964] 1 All ER 465 [6] 499 U.S.

Copyright 93

Copyright Ownership Artistic Work Intellectual Property 93

Fish & Richardson Trademark & Copyright Thoughts

MAY 10, 2022

Carson Design & Mfg., Plaintiff Schwab-Vollhaber-Lubratt (“SVL”) sued Defendants Carson Design and Manufacturing and Midwest Mechanical Supply alleging infringement of certain SVL patents. This summary includes discovery relevant to willfulness findings, stays under the customer suit exception, and preliminary injunctions.

Litigation 52

Litigation Patent Designs Design 52

The IPKat

APRIL 1, 2024

Since MHCS’ trade mark has been filed prior to the accession of several Member States to the EU in 2004, 2007 and 2013, MHCS will not have to establish acquired distinctiveness for these ‘new Member States’ ( Art. The picture was created with Image Creator from Microsoft Designer. 209(4)(a) EUTMR ). Therefore, Art.

Art 82

Art Registration Marketing Marketing 82

43(B)log

SEPTEMBER 8, 2021

Most important of all with respect to functionality is the fact that alternative designs are obviously and clearly available without impairing the utility of the product.” 2004), or the colors of pills in Inwood v. It acknowledged that “a small minority” of dentists “have [probably] asked for a yellow tip or a blue tip.”

Advertising 75

Advertising Advertising Marketing Marketing 75

Patently-O

AUGUST 1, 2023

This result is by design to ensure more national uniformity in application of the U.S. 54(b) partial final judgment is designed to sever aspects of the case and allow those to be immediately appealed. by Dennis Crouch The law of appellate jurisdiction routes almost every patent appeal to the Court of Appeals for the Federal Circuit.

Patent 52

Patent Patent Infringement Patent Law Litigation 52

The IPKat

JANUARY 31, 2022

Under article 8(1) of the Enforcement Directive (Directive 2004/48/EC) a claimant in infringement proceedings can request a court to order certain parties to disclose information. This so-called ‘right to information’ includes information on the origin of the infringement (e.g.

Intellectual Property 97

Intellectual Property Cease and Desist IP Copyright 97

IIPRD

JANUARY 29, 2023

The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. 5] The content creator reached out to the artist for a commissioned artwork which is a unique character design. 2d 119 (2d Cir. 2d 945 (9 th Cir.

IP 52

IP Artwork Contracts Intellectual Property 52

IIPRD

SEPTEMBER 30, 2021

designed wireless chips, which are manufactured by third parties under contract. In the EU more than half of all large companies leave IP outside the scope of internal audits. In 2005, Qualcomm generated about 58% of its $5.7 billion in revenue from the sale of Qualcomm?designed In 2002, Korea exported technology worth US$0.6

IP 52

IP Licensing Intellectual Property Marketing 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

in biochemistry and history from the University of Minnesota-Twin Cities in 2004. cum laude , in mechanical engineering from Texas Tech University in 2004. He received his J.D. from Santa Clara University School of Law in 2013, his Ph.D. in medicinal chemistry from the University of Michigan in 2010, and his B.S. He received his J.D.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

43(B)log

JULY 1, 2022

2004), in which the defendant continued to run an infomercial after its agreement with the individual plaintiff, Lundin, featured in the infomercial expired. Lanham Act false endorsement: Even if the individual counterclaimants’ names had protectable commercial value, the present maintenance of a past link is not false endorsement.

Advertising 59

Advertising Advertising False Advertising Public Use 59