43(B)log

SEPTEMBER 8, 2021

Even without that, the claimed trade dress featured a “common, basic” package shape and label design. Also, marketing representatives mistakenly placed Orgain’s shelf talkers—the advertisements that stick out from shelves in stores—on defendants’ products in Walmart stores, or vice versa. There was also a genuine dispute about copying.

Copying 83

Copying Marketing Marketing Social Media 83

The IPKat

DECEMBER 17, 2021

The Plaintiffs also contended that the logos used by the Defendants infringed on their marks and get up since their registered trademark incorporated the words ‘ACAL’ and an image with the map of Africa which the Defendants had copied.

Trademark 96

Trademark IP Registering Trademarks Branding 96

SpicyIP

MARCH 11, 2024

Calm Water Therapeutics Llc vs The Assistant Controller Of Patents And Designs on 28 February, 2024 (Delhi High Court) The appeal challenged the rejection of a patent application for a “Bi-Functional Co-Polymer” by the Assistant Controller of Patents.

Trademark 59

Trademark Registration Copyright Patent 59

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. As far as the collective remuneration rules under Section 36 UrhG are concerned, there are two BGH decisions from 2015 that can be looked at ( here and here ).

Contracts 98

Contracts Copyright Law Cease and Desist 98

LexBlog IP

JANUARY 4, 2022

Section 1127, as “when [1] it is used or displayed in the sale or advertising of services and [2] the services are rendered in commerce or the services are rendered in more than one State or in the United States and a foreign country and the person rendering the services is engaged in commerce in connection with the services.”

Service Mark 52

Service Mark Registration Trademark Advertising 52

IP Intelligence

JANUARY 4, 2022

Section 1127, as “when [1] it is used or displayed in the sale or advertising of services and [2] the services are rendered in commerce or the services are rendered in more than one State or in the United States and a foreign country and the person rendering the services is engaged in commerce in connection with the services.” Playdom, Inc.,

Service Mark 52

Service Mark Registration Trademark Advertising 52

The IPKat

DECEMBER 16, 2021

CPL had a registered trademark in the word “Conphamol” and the design of the product packaging. The Plaintiff, an architect, produced architectural drawings and plans which were approved and registered by the County Government of Kajiado under application Number P/761/2015. NTA-Star used photos of Banire on their billboards.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

The IPKat

MARCH 27, 2022

A very popular design of one of these boots is based on a traditional Spanish riding boot - the Regina boot or Heeled Regina - which looks like the below (and for a closer look click here ). Although their products have the "country" look and feel about them, the products aren't designed for serious country wear.

Designs 52

Designs Design Copying Art 52

The IPKat

MARCH 25, 2024

If you knew how to complete this phrase in 2015, you are part of the few percent of consumers who heard of the city of Compton and knew about its connection with hip-hop and rap music. Background On 8 September 2015, BIW Invest AG (‘BIW’) applied for registration of EU trade mark no.

Music 107

Music Cinema Designs Design 107

IP and Legal Filings

JANUARY 22, 2024

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Trading Secrets

JUNE 3, 2022

The district court reasoned that plaintiff needed to demonstrate that the corporate defendant copied plaintiff’s project in order to satisfy the “use” requirement under the DTSA. Accordingly, the concept was readily ascertainable by proper means, and Vita cannot establish that its conceptual design was a trade secret.”

Law 59

Law Confidentiality Designs Design 59

The TTABlog

JUNE 1, 2023

The Board upheld the USPTO's refusals to register the two proposed marks shown below, for "hotel services; provision of conference, exhibition, and meeting facilities," finding that the building designs are not inherently distinctive and lack secondary meaning. In re Palacio Del Rio, Inc. Serial Nos. See In re Frankish Enters.

Designs 52

Designs Design Advertising Advertising 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. For the first time since FDA licensed the first biosimilar, Sandoz’s Zarxio ® (filgrastim-sndz), in 2015, the United States saw a decrease in annual biosimilar approvals in 2020. 2015; resubmitted Feb. 2015; resubmitted Dec.

Settlement 52

Settlement Litigation Marketing Marketing 52

43(B)log

FEBRUARY 21, 2024

WCT’s app was first released in 2014 for the iPhone and Pebble watch as a metric-tracking cycling app that was designed to “track speed, distance, altitude, and grade.” Downloads declined after a 2015 peak. Also, by the end of 2016, WCT hadn’t paid taxes since 2015 and its certificate of incorporation was therefore suspended.

Marketing 59

Marketing Marketing Trademark Branding 59

43(B)log

MARCH 21, 2022

Bimbo sells Grandma Sycamore’s Home-Maid Bread; it sued defendants, who include the baker who developed the Grandma Sycamore’s recipe, for trade secret misappropriation, trade dress infringement, and false advertising when it sold a comparable bread product, Grandma Emilie’s, with the tagline “Fresh.

False Advertising 72

False Advertising Advertising Advertising Designs 72

LexBlog IP

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5]

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

Above the Fold

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5]

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

Copyright Lately

DECEMBER 28, 2022

The company has brought over 300 cases since 2017, often using copyrighted product images as a technical hook to shut down undesired resellers who advertise its products at below retail prices. In 2015, Morford posted “Banana and Orange” to his Facebook page, where it was “liked” by all of five people.

Copyright 82

Copyright Art Licensing Social Media 82

LexBlog IP

JULY 21, 2021

In Europe and the United States at least, every trademark has at least three purposes: (1) It identifies the origin of a product or service; (2) It guarantees consistent quality of that good or service; (3) It serves as symbolic communication as a basis for publicity and advertising. ” Welsh (2015) at 134. ” Id. ” Id.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

43(B)log

FEBRUARY 3, 2024

Sex toys don’t seem to have been added until 2015. Christine Haight Farley: connecting to Katyal’s paper: “Indian man” design code. There is a design code for marijuana leaves; you just can’t get a cannabis ID. Christine Haight Farley, Design Authenticity Book project, still shaping up. but helpful to research.

Designs 59

Designs Design Law Design Patent 59

Kluwer Copyright Blog

NOVEMBER 17, 2021

In order to bring readers up to date on earlier developments, over the next few days we will be republishing in four parts an article (originally published in “Auteurs & Media”) summarising case law from 2015 to 2019 organised by topic. The case law of that copyright law senate of the BGH from 2015 to 2019 is summarised below.

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52

43(B)log

APRIL 26, 2022

The trial court found Ethicon committed 153,351 violations of the Unfair Competition Law (UCL) and 121,844 violations of the False Advertising Law (FAL) and imposed a $1,250 civil penalty for each violation. Materiality can also be relevant to whether class treatment is justified in a private FAL/UCL restitution action.

Advertising 59

Advertising Advertising Marketing Marketing 59