The IPKat

JUNE 23, 2022

In most trade mark cases waiting a little longer to see the Defendant off the market would not, in my view, cause the Claimant a huge additional loss. Those who think that securing a registration without encountering an opposition means you’re safe should think again! The judge was very much in the former camp.

Branding 70

Branding Brands Branding Litigation 70

Kluwer Copyright Blog

OCTOBER 3, 2022

The proposed Design Law Treaty seeks to streamline the global system for protecting designs and builds upon earlier initiatives such as the work of the WIPO Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications in 2006. European Commission, European Media Freedom Act.

Copyright Law 112

Copyright Law Copyright Law Music 112

43(B)log

AUGUST 18, 2021

For example (the details vary a little depending on defendant, but you get the picture): The STURGIS BIKE WEEK registration dates to 1997; defendants’ “Sturgis Motor Classic” came from 1997-98. During this period, defendants continued to grow and develop their inventory and marketed “Sturgis” and “Sturgis Motor Classic” rally products.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

IIPRD

MAY 4, 2023

The portion of the total market that involves electronically enabled medical devices continues to expand. Moreover, the medical devices also favour design registration for their unique, innovative designs and copyright registration if have a software associated with the device. Grace & Co. 3] (1979) 2 SCC 511. [4]

Intellectual Property 52

Intellectual Property Invention Public Domain Patent 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] Scenario 2: Protecting Novel Designs by Patent. ” [8]. Perrier Group of America, Inc. ,

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

SpicyIP

MAY 15, 2023

Considering that the petitioner is the prior user of the mark and has an earlier registration, Delhi High Court directs the Trademarks registry to remove the respondent’s allegedly similar mark. Case: Holyland Marketing Pvt. The defendants applied for registration of their mark on 13th April 2009. 50,000/- to be paid to YSL.

Trademark 104

Trademark Registration Cease and Desist IP 104

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] Scenario 2: Protecting Novel Designs by Patent. Perrier Group of America, Inc. , 3d 114, 118 (2d Cir.

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

LexBlog IP

NOVEMBER 30, 2022

Meredith Corporation : In one case, the alleged infringement involved the copying of approximately 170 recipes, which were accompanied by “much other instructive and valuable matter and information for household and family purposes.” Since 2006, a third prime time game has also been played on Thanksgiving.

IP 52

IP Intellectual Property Fair Use Trademark 52

43(B)log

FEBRUARY 23, 2024

You can also see it in Tam & Brunetti—little interest in how TM works, the relationship b/t registration and enforcement, even though that’s central to the Lanham Act. Sears/Compco said there was a right to copy things in the public domain; how did that go away? Similar with registration agencies—a firehose coming at them.

Trademark 45

Trademark Law Branding Brands 45

43(B)log

AUGUST 11, 2021

Significant rise in substantial similarity litigation starting in 2006—tripled. Share of 9 th Circuit opinions also exploded in 2006. Courts don’t do really prong one beyond assessing access (not independently assessing copying). But you’re also raising market entry barriers, so new entrants will innovate less.

Trademark 72

Trademark Copyright Branding Brands 72