Patently-O

SEPTEMBER 17, 2023

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Still, ornamental logos found on the accused product can still be relevant as visual distractors in the process of evaluating similarities and differences between the claimed design and accused design.

Design Patent 72

Design Patent Patent Infringement Designs Design 72

The IPKat

APRIL 26, 2023

A Registered Community Design (‘RCD’) enjoys protection only if it is new and has individual character vis-à-vis designs disclosed prior to its filing or priority date ( Art. 4(1), 7 of Regulation 6/2002 , ‘Design Regulation’). 7(1) Design Regulation ). 7(1) Design Regulation ). 6 of Directive 2005/29/EC.

Designs 76

Designs Design Art Intellectual Property 76

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

IP Watchdog

OCTOBER 5, 2021

Under European Union (EU) law—specifically, Article 103(2) of Regulation 1308/2013—signs that qualify as protected designations of origin (PDOs) or protected geographical indications (PGIs) are shielded against any direct or indirect commercial use, as well as against any “evocation” of it that is likely to mislead a consumer as to the true origin (..)

Designs 111

Designs Design Law Trademark 111

The IPKat

NOVEMBER 24, 2022

On October 30, 2013, a German company applied to the German Trade Mark Office (DPMA) for a word mark “Black Friday”. On December 20, 2013, the trade mark was registered for a large number of goods and services in classes 9, 35 and 41. However, continued the Federal Patent Court, the wording of Sec.

Registration 117

Registration Advertising Advertising Art 117

The TTABlog

JANUARY 8, 2024

The TTAB has re-designated as precedential its September 2022 opinion in this cancellation proceeding. 92064830 (September 6, 2022) [re-designated as precedential, January 4, 2024] (Opinion by Judge Frances S. 108 USPQ2d 1134, 1145 (TTAB 2013). For what it's worth, Davidson tried but failed to prove a first use date in 2013.

Registration 73

Registration Trademark Social Media Designs 73

IP Watchdog

APRIL 21, 2022

On several occasions since 2013, including most recently with Commissioner Andrew Hirshfeld, the USPTO has adopted a modality for filling a vacancy in the office of the Director, not with an Acting Director as the VRA requires, but with a non-PAS official “designated” to “perform the functions and duties” of the Director.

Designs 119

Designs Design Trademark Patent 119

The IPKat

NOVEMBER 29, 2023

It, however, appears that the sign Crompouce® was registered as a trademark with the Benelux Office for Intellectual Property (BOIP) already in 2020 and the design was registered as a Benelux design in the same year. The validity of the design right(s) to the Crompouce® might be a topic for another post.

Cease and Desist 76

Cease and Desist IP Trademark Designs 76

Olartemoure Blog

FEBRUARY 14, 2024

10, 2013 In 2013, Joel Joseph Simkhai, Scott Ryan Lewallen, and Morten Bek Ditlevsen patented this groundbreaking location-based dating system for apps, in this case for Grindr. Although one would think that a patent on such an item would be beyond obvious, Verlooy Herwig obtained a design patent on heart-shaped chocolate only in 2001.

Patent 105

Patent Inventor Intellectual Property Design Patent 105

IP and Legal Filings

DECEMBER 23, 2023

is the duty of the proprietor of an OPC to designate a successor who will assume control of the business upon the proprietor’s demise. The One Person Company formation in India was introduced by the Companies Act of 2013. Ltd (1896) Section 2 (62) of the Companies Act, 2013 Section 3 of the Companies Act,2013.

Business 90

Business Reporting Contracts Designs 90

The IPKat

NOVEMBER 24, 2023

Living in sunny Australia, Chewbacca has no excuse for his grumpiness © Madi Hapi Design Law Redesign The Centre for Commercial Law Studies at Queen Mary University of London is holding a seminar on the reforms which are currently taking place internationally and regionally in relation to design law.

Intellectual Property 67

Intellectual Property IP Music Designs 67

LexBlog IP

JANUARY 11, 2023

Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. Under the SCPA, a mask work is a series of related images that forms a design or part of a design used to produce an integrated circuit. Understanding Mask Work. In particular, Section 1213.2

Registration 40

Registration Designs Design Copying 40

IP Close Up

AUGUST 15, 2023

From 2013 to 2017 patent suits filed dropped by 35% and stayed that way through 2022. Excluding volume patent litigation filers, typically non-practicing entities (NPEs) Continue reading

Litigation 81

Litigation Patent Patent Troll Designs 81

TorrentFreak

JUNE 22, 2023

Julius Bencko, Graphic Designer In the United States government’s superseding indictment dated February 16, 2012, Julius Bencko is described as a citizen and resident of Slovakia. With his former colleagues’ names rarely out of the media for long, Bencko spent much of 2012 and early 2013 retweeting news about the Megaupload case.

Graphic Design 141

Graphic Design Reporting Designs Design 141

IP and Legal Filings

FEBRUARY 5, 2024

Beginning with the Desirable Corporate Governance Code in 1998 and continuing through Chapter 11 of the Companies Act of 2013 , the idea of the independent director has been welcomed nearly universally. Duties of Directors Under the Indian Companies Act, 2013 – iPleaders.” 1 July 2021 Available at [link]. [2] 4] Pandey, Anubhav.

Government 76

Government Business Reporting Confidentiality 76

Garrigues Blog

JULY 27, 2021

This time, we will take a look at other equally important branches of IP that are covered by the report: trademarks, industrial designs and creative industry (publishing). Industrial designs. As far as industrial designs are concerned, applications also increased in 2019 with respect to 2018, albeit by a timid 1.7%. Trademarks.

Intellectual Property 52

Intellectual Property Designs Design Trademark 52

Plagiarism Today

AUGUST 17, 2021

The lawsuit was brought James’ Designworks, an aggressive litigant that has brought many similar lawsuits over alleged infringement of its floor plans and home designs. According to the lawsuit, Smith penned a track named Can You Tell Me.

Reporting 130

Reporting Fair Use Plagiarism Licensing 130

Likelihood of Confusion

DECEMBER 3, 2021

Oscars after-party thoughts: Did you ever wonder about just how far someone can go “knocking off” a famous designer gown? Originally posted 2013-04-29. Counterfeit Chic twirls around some elegant ideas. The post Famous names on famous dames appeared first on LIKELIHOOD OF CONFUSION™.

Designs 52

Designs Design Law 52

JD Supra Law

FEBRUARY 24, 2022

The Federal Circuit recently reversed a lower court’s summary judgment that a medical device design patent was not invalid under the on-sale bar. By: Bradley Arant Boult Cummings LLP

Business 52

Business Design Patent Designs Design 52

The IPKat

NOVEMBER 30, 2021

Kat friend, Becky Knott, promises that she doesn’t just write about alcohol, see here , but a recent decision involving the Protected Designation of Origin for ‘Porto’ caught her eye (palate?). 1308/2013 (see here for the Regulation). The GC thought “yes”. Let’s take a look [BoA decision here , GC decision here , case no T-417/20].

Public Domain 120

Public Domain Designs Design Registration 120

Patently-O

OCTOBER 7, 2022

Zahner Design Group v. Zahner’s Design Pat. D746,078 covers the ornamental design of a shower curtain as shown in the figures above. The examiner found some great prior art from 2013, which predates this particular design application filing date. Close-up of the Design Patent drawing. by Dennis Crouch.

Design Patent 78

Design Patent Designs Design Patent 78

The IPKat

JUNE 6, 2022

CIVC affirmed that “Champanillo” constituted an evocation of PDO “Champagne”, which is considered an infringement under Regulation (EU) No 1308/2013. In considering the case, the Barcelona Appeal Court expressed uncertainty regarding the interpretation of Regulation (EU) No 1308/2013, and so it requested for a preliminary ruling (case C?783/19

Social Media 128

Social Media Advertising Advertising Designs 128

Velocity of Content

JUNE 6, 2023

So, whether operating as an information team of one or many, it is essential to have a well-designed information management strategy – one that delivers fast, secure, and compliant access to content, maximizes the value of your content resources, promotes collaboration in a wide range of workflows, and simplifies copyright compliance.

Copyright 98

Copyright Designs Design Marketing 98

SpicyIP

JANUARY 23, 2022

As part of the course pedagogy, two question papers from 2013 and 2016 will be solved and methods to draft claims, specification, and abstract will be discussed. Participants can also send in their solved questions from the years 2013 and 2016 and they will get individual feedback. may be addressed to eoffice@techlaw.in.

Patent Drafting 105

Patent Drafting Patent Advertising Advertising 105

The TTABlog

JANUARY 24, 2022

In a 51-page opinion, the Board affirmed a refusal to register the product configuration shown below, for "handbags," finding the design to be generic and, alternatively, lacking in acquired distinctiveness: "Handbags embodying the proposed mark are so common in the industry that such product design is not capable of indicating source and.

Designs 52

Designs Design Registration Music 52

The IPKat

MARCH 22, 2023

The case saw the Consortium of producers of protected designation of origin (PDO) “Pecorino Romano” acting against Formaggi Boccea, an Italian cheese producer, which owns “Cacio Romano” trade mark. With this Kat’s feed being flooded with the news of the ruling in “Pecorino Romano” v.

Art 141

Art Registration Government Publishing 141

Patently-O

FEBRUARY 9, 2022

Sgromo then negotiated a license deal from a third-party, but that income was designated as coming to Eureka. 251 (2013) (patent attorney malpractice does not arise under the patent laws). ” Bestway (USA), Inc. Sgromo , 2018 WL 3219403 (N.D. July 2, 2018). 3D Pool Vision Pat. US7046440B1. See, Gunn v. Minton , 568 U.S.

Ownership 72

Ownership Patent Law Invention Licensing 72

IP and Legal Filings

MARCH 11, 2024

In India, whistle-blowing is governed by the Whistle Blowers Protection Act 2014 and by the Companies Act, 2013. Furthermore, the Companies Act, 2013 mandates the incorporation of a whistle-blower policy within companies.

Government 90

Government Reporting Law Designs 90

The IPKat

MAY 26, 2024

According to the EUIPO case-law ( R-1489/2017 , R-788/2013 ), smileys or emojis are typically used in both advertising and private communication to express positive emotions. It serves as a friendly assurance of customer satisfaction. The history of The Smiley is an example of the work by brand licensors to protect their heritage.

Advertising 62

Advertising Advertising Technology Editing 62

LexBlog IP

DECEMBER 11, 2023

24/2013, and Federal Law No. The competent authority may designate specific smoking and vaping areas subject to conditions outlined in the Implementing Regulation. 24/2013 Concerning Regulations of Federal Law No. 24/2013 Concerning Regulations of Federal Law No. 15/2009 on Tobacco Control, Cabinet Decision No.

Law 52

Law Designs Design Advertising 52

Patently-O

DECEMBER 21, 2022

Patents filed before March 2013 are examined using the pre-AIA rules of patentability, including 35 U.S.C. What happened : Falzoni designed an improved neck while working for his Italian packaging company SACMI. SACMI then proposed the design to various US parties, including Plastipak. by Dennis Crouch. 35 U.S.C. §

Inventor 75

Inventor Invention Designs Design 75

The IPKat

JULY 11, 2022

The case that offered the opportunity to address the above saw the producers of protected designation of origin (PDO) “Cava” opposing an application for a three-dimensional EU trade mark “CHENINE Brut PREMIUM CAVA BOTTLE” (on the right). 103(2)(a) Regulation 1308/2013 GIs are protected against undue exploitation of their reputation.

Art 131

Art Registration Law Designs 131

The IPKat

DECEMBER 29, 2021

Regarding detentions at the border, the most infringed right was trademarks , followed by designs , copyright and geographical indications. In this regard, the most infringed right was trademarks , followed by designs , copyright and patents. Maritime and road transport were the primary means for detained articles.

Reporting 128

Reporting Intellectual Property Marketing Marketing 128

IPilogue

DECEMBER 6, 2021

In 2013, the chain of Zellers stores officially closed. However, HBC’s registration over its design mark was expunged by the Canadian Intellectual Property Office on September 24, 2020 for failure to renew. The Zellers Trademark: Then and Now. Zellers has been around since the 1930s, but in 1978, it was acquired by HBC.

Trademark 111

Trademark Intellectual Property Intellectual Property Law Registration 111

The TTABlog

AUGUST 3, 2022

Respondent established a first use date of December 2013. Natural Dog Acquisition LLC v. Pet Go Round of Greensboro , Cancellation No. 92074028 (August 2, 2022) [not precedential] (Opinion by Judge Albert Zervas). Petitioner claimed a first used date in 2008.

Law 52

Law Registration Designs Design 52

Garrigues Blog

FEBRUARY 7, 2023

Both Designations of Origin (DO) and Protected Geographical Indications (PGI) are essential to ensure that the goods that they protect comply with strict quality criteria and come from a specific geographic location. In addition, collective trademarks identify goods or services of members of their association with respect to third parties.

Trademark 52

Trademark Registration Intellectual Property Blogging 52

The IPKat

JUNE 10, 2023

He then discussed the case related to the colour mark filed to wrap chocolates (Cadbury 2013, EWCA Civ 1174 ) and two other past cases, Heidelberger Bauchemie GmbH ( C-49/02 ), concerning a combination of the colours blue and yellow, and Dyson ( C-321/03 ), concerning a transparent bin.

Reporting 82

Reporting Registration Law Patent Law 82