Dear Rich IP Blog

AUGUST 27, 2023

Dear Rich: I am adapting needlework-like designs used in pottery/chinaware by creating patterns for needleworkers. What are the laws covering those designs for which I cannot get permission? What will happen if you use chinaware designs without permission? In 2015, the Copyright Office analyzed t he orphan works dilemma.)

Designs 52

Designs Design Copyright Notice Public Domain 52

Plagiarism Today

NOVEMBER 16, 2022

1: Ninth Circuit Affirms Validity of Unicolors’ Copyright Registration on Remand, But H&M Scores Big on Remittitur Calculations. The lawsuit was filed by Unicolors, which accused H&M of infringing a 2011 design that they created as part of a 2015 one H&M sold in their stores and online.

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Registration Designs Design Copyright 199

LexBlog IP

JANUARY 11, 2023

Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Registration of a Mask Work. Understanding Mask Work.

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Registration Designs Design Copying 40

The IPKat

MAY 16, 2023

The threshold for design protection in the EU is low. The design must be new and have individual character ( Art. 4(1) Community Design Regulation , ‘CDR’). The purpose of this grace period is to allow the designer or its successor to test the products in which the design is embodied in the market ( Recital 20 CDR ).

Designs 91

Designs Design Art Registration 91

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

43(B)log

APRIL 29, 2024

The court found aspects of the copyright/§1202 claims claim insufficiently specifically pled and granted leave to amend, including to add sufficient detail to establish that the works at issue were not US works and thus exempt from the pre-suit registration requirement. This was classic Dastar. As stated in Luxul Technology Inc. 3d 1156 (N.D.

False Advertising 59

False Advertising Intellectual Property Copyright Notice Advertising 59

SpicyIP

JULY 28, 2021

We are pleased to bring you a guest post by Yashi Agrawal on India’s recent accession to the Locarno Agreement, discussing inter alia the resultant amendments to India’s design laws and prospective benefits to India on becoming a part of the Locarno Special Union and Assembly. Yashi Agrawal. India and the Locarno Agreement.

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Designs Design Intellectual Property Editing 124

The TTABlog

FEBRUARY 16, 2023

The Board sustained Section 2(d) oppositions to the word-and-design marks shown immediately below, for Asian-themed cuisine and for restaurant services featuring same, finding confusion likely with opposer's common law mark RAMEN HOOD & Design (shown to the right) for Asian-themed restaurant services. menus and other printed items.

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Designs Design Registration Copying 52

The TTABlog

DECEMBER 5, 2022

The Board sustained an opposition to registration of the mark DANA DESIGN in the form shown below, for backpacks, hiking equipment, tents, and related goods, on the ground that the mark comprises the name of a living individual, Dana Gleason, without his consent and is therefore barred from registration by Section 2(c) of the Trademark Act.

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Designs Design Registration Trademark 48

Patently-O

NOVEMBER 21, 2021

So much so that the post-1902 Act regional circuit design patent cases invalidating design patents on functionality grounds would come out oppositely under the Federal Circuit’s lax standards. In 2015, it sought copyright registration of this useful article as a sculptural work.

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Designs Design Copyright Design Patent 73

The TTABlog

MAY 25, 2023

Applying the Morton-Norwich factors, and giving some weight to applicant's design patents, the Board concluded that the USPTO failed to make a prima facie case of functionality. There were no utility patents of record, nor any evidence showing that JBL touted any utilitarian advantages of this product design.

Designs 52

Designs Design Design Patent Advertising 52

The TTABlog

JANUARY 3, 2022

The Board sustained this opposition to registration of the mark ALZHEIMER'S NEW JERSEY WALK TO FIGHT ALZHEIMER'S & Design on the ground of likelihood of confusion with the common law mark WALK TO END ALZHEIMER'S & Design , both marks for charitable fundraising services. Alzheimer's New Jersey , Opposition No.

Designs 44

Designs Design Registration Licensing 44

Indiana Intellectual Property Law

OCTOBER 18, 2021

Trademark Office issued the following 161 trademark registrations to persons and businesses in Indiana in September 2021 based on applications filed by Indiana trademark attorneys: Reg. INSPIRE DESIGN CENTER. A ALPHA DESIGN. ON DEMAND DESIGN CONCEPTS. RIFT WOOD COMPANY EXPERIENCE THE DIVIDE EST. 2015. COASTAL MIX.

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Registration Trademark Designs Design 52

43(B)log

AUGUST 19, 2021

26, 2021) Zamfir is a researcher in the field of cryptoeconomics and distributed systems; he and Vitalik Buterin are allegedly the two lead researchers of the proof-of-stake blockchain protocols known as Casper (name adopted around 2015). Thus, to prevail, Zamfir would need to rebut the presumptions created by the registration, and he didn’t.

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Registration Social Media Trademark Registering Trademarks 72

The IPKat

DECEMBER 21, 2023

Those machines have been imported into the UK for distribution and sale since June 2013, and marketed using the acronym ICE and the following logo: Both the Claimant and the First Defendant have trade mark registrations in the United Kingdom.

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Registration Intellectual Property Designs Design 67

The TTABlog

NOVEMBER 21, 2022

The Board noted that the parties ignored conflict-of-laws principles, and so it "deemed their arguments as manifesting their assent that we may interpret the 2015 Contract as if it were governed by United States contract law principles."

Contracts 52

Contracts Designs Design Registration 52

IP Tech Blog

MARCH 7, 2024

Moreover, because the EUIPO does not examine the validity/enforceability of these security interests, the truth is that they are usually registered and published in the Official Journal of the EUIPO when the registration formalities are complied with, whether or not the national laws have been complied with. The plain and simple answer is no.

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Trademark Intellectual Property Registration Journalism 57

LexBlog IP

MARCH 7, 2024

Moreover, because the EUIPO does not examine the validity/enforceability of these security interests, the truth is that they are usually registered and published in the Official Journal of the EUIPO when the registration formalities are complied with, whether or not the national laws have been complied with. The plain and simple answer is no.

Trademark 52

Trademark Intellectual Property Registration Journalism 52

The TTABlog

FEBRUARY 1, 2024

Opposition to registration of PAYFORME for various financial transaction services. Cohen) [Opposition to registration of THE CAVALIER RESCUE for "Animal rescue services, namely, arranging for the adoption of rescued animals." PayNearMe, Inc. Substring, LLC , Opposition No. 91277497 (January 18, 2024) [not precedential] (By the Board).

Service Mark 62

Service Mark Registration Technology Designs 62

The TTABlog

FEBRUARY 10, 2022

Relying on Applicant's own advertising touting the design of its knife blade and its ease of manufacture (yielding lower cost), the Board affirmed Examining Attorney Caroline L. Moran's Section 2(e)(5) functionality refusal of the design of a "serration pattern" on the blade of a knife (shown below). See TTABlog comment below. -

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Design Patent Advertising Advertising Designs 89

The IPKat

JULY 19, 2023

National stage of the registration In 2014, “Jambon sec de Corse”, “Lonzo de Corse” and “Coppa de Corse” were registered as protected designations of origin (PDOs). In 2015, the Consortium of Corsican Butchers applied to register seven protected geographical indications (PGIs). De Corse” stands for “from Corsica” in French.

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Registration Designs Design Art 52

IP and Legal Filings

JANUARY 29, 2024

This is stated in Section 9 of the Act, which forbids the registration of GIs that are determined to be generic names or indications of goods. Additional analysis has revealed that the registration status varies greatly. Furthermore, if unauthorized registrations are not stopped, it can make it harder for authorized users to register.

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Registration Blogging Designs Design 93

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. From that transaction, Energy owns multiple trademark registrations including the three at issue in this case, U.S. Registration Nos.

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Cease and Desist Trademark Branding Brands 52

The TTABlog

OCTOBER 3, 2022

Deemed a Specially Designated Narcotics Trafficker (SDNT), applicant was banned from doing business in the United States from 2008 to 2015. In May 2015, applicant was removed from the SDNT list. In October 2015 it filed an application to register its EUCALIN mark. Who Owned the Mark?:

Ownership 40

Ownership Litigation Registration Business 40

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. Registration No. Registration Date. January 6, 2015. OPTISELECT. May 16, 2017.

Trademark 52

Trademark False Advertising Patent Registration 52

Corsearch

FEBRUARY 28, 2024

With the challenges posed by name saturation and the reduced availability of work marks, industrial designs are increasingly important within intellectual property strategies. When people think about designs they typically think of patents, but the world of protecting designs is far more extensive than that.

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Registration Designs Design Intellectual Property 59

The IPKat

SEPTEMBER 25, 2023

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.

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Fair Use Registration Designs Design 117

Intepat

DECEMBER 19, 2023

Introduction Section 9 of the Trademarks Act, 1999 (hereinafter referred to as the Act), provides for absolute grounds for refusal of registration of the trademark. The Examiner can object to the registration of the trademark if it falls within any of the grounds mentioned in Section 9. Joseph Matal v.

Trademark 52

Trademark Registration IP Government 52

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. Third, the evidence of the plaintiff’s use of the mark from 1989 are fabricated.

Trademark 59

Trademark Registration Copyright Patent 59

SpicyIP

JULY 14, 2021

Smell marks are or have been heavily debated around the world and are privy to their own set of issues in terms of registration. Internationally, the statutory requirements for the registration of non-conventional trademarks varies across jurisdictions. Issues and Barriers to the Registrability of Smell-marks.

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Trademark Registration Marketing Marketing 126

The IPKat

APRIL 19, 2023

If a new user re-registers a name whose registration is expired, a new token is created. However, and beyond the fact that the registration is expired, any name maintains in the blockchain its own history. McCoy’s registration on the Namecoin blockchain expired In January 2015. are applicable to it. are applicable to it.

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Non-Fungible Tokens Artwork Contracts Art 120

IP and Legal Filings

OCTOBER 4, 2022

Patents (including utility models) are protected through registration with the UAE Ministry of Economy, Intellectual Property Protection Department (IPPD) and/or through the Gulf Co-operation Council (GCC) Patent which is administered by the GCC Patent Office in Riyadh, Saudi Arabia, and governed by the GCC Patent Law.

Intellectual Property 52

Intellectual Property Law Business Designs 52

Garrigues Blog

OCTOBER 11, 2022

This is why a GI usually includes the designation of the place of origin. How will the registration process work in practice? The idea is to have a quick and efficient registration system in place from a cost standpoint. have at least one production step taking place in the defined geographical area.

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Registration Marketing Marketing Designs 52

Intepat

NOVEMBER 14, 2022

” The system of trademark classification eases the process of registration of a trademark. Thus, it gives the trademark registration process a definite structure. The reason for this system is to give a definitive structure to the intellectual property rights granted by the registration of a trademark.

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Trademark Registering Trademarks Registration Music 98

The TTABlog

MARCH 9, 2022

The Board dismissed a petition for cancellation of a registration for the mark NUTRIVITA , in standard character form, for "dietary and nutritional supplements," on the alleged grounds of nonuse and abandonment. For example, the fact respondent abandoned a prior registration for NUTRAVITA in a design form was irrelevant.

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Licensing Registration Designs Design 57

The IPKat

JULY 7, 2023

The conference series was created by Dr Gaetano Dimita and the Centre for Commercial Law Studies, Queen Mary University of London in 2015 to bring together creators, legal practitioners and researchers in the field of Interactive Entertainment.

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Reporting Music IP Intellectual Property 86

The IP Law Blog

FEBRUARY 3, 2022

This case began with a 2015 application by Interprofession du Gruyère, a Swiss registered association, and Syndicat Interprofessionnel du Gruyère , a French syndicat for a certification mark GRUYERE. This protected designation was superseded by adoption of the Protected Designation of Origin (“PDO”) for GRUYÈRE in 2001.

Designs 52

Designs Design Trademark Branding 52