IP and Legal Filings

OCTOBER 23, 2023

These E-commerce platforms make it simple to access consumer goods from a computer or smart phone, but they also, by their very nature, make it simple for counterfeiters to market their counterfeit goods. In the year 2017 the market value of the E-commerce was $38.5 8] (CS (COMM) 980/2016. [9] 344/2018]. [6] 344/2018]. [7]

Marketing 87

Marketing Marketing Trademark Registration 87

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

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.

Designs 75

Designs Design Copyright Design Patent 75

LexBlog IP

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

Design Patent 52

Design Patent Designs Design Patent 52

Technology & Marketing Law Blog

MARCH 18, 2022

It will also inspire plaintiffs to bring more negligent design claims against Internet services–a looming tsunami of litigation. Note: the complaint was filed in April 2016. The Ninth Circuit reversed, saying that the plaintiffs could plead around Section 230 by alleging defective design. What the Court Said.

Designs 111

Designs Design Litigation Blogging 111

The IPKat

SEPTEMBER 23, 2022

The Court of Justice of the European Union (CJEU) will soon issue its first ruling concerning the concept of “normal use” in EU design law (case C-472/21 ). In 2011, Monz Handelsgesellschaft International (design owner) registered a national design for “saddles for bicycles or motorbikes” at the German Patent and Trademark Office (DPMA).

Designs 57

Designs Design Law Art 57

Technology & Marketing Law Blog

OCTOBER 2, 2022

The plaintiff, NOC, is a teenager who has copyrighted designs in hand-drawn dots that Target allegedly copied in the clothing line. However, Target’s allegedly infringing works apparently were designed no later than December 2017. The work was also posted to Facebook and Instagram in 2016. Case Citation : Cooley v.

Copyright 95

Copyright Artwork Designs Design 95

Patently-O

APRIL 17, 2024

This case began back in 2006 when Crocs sued Double Diamond and others for patent infringement of Crocs’s design patents. In 2016, Dawgs added new asserted counterclaims against Crocs, including a claim for false advertising under the Lanham Act. Crocs largely prevailed in those actions. ” Dawgs brief.

False Advertising 110

False Advertising Advertising Advertising Patent 110

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.

Designs 49

Designs Design Registration Trademark 49

The IPKat

FEBRUARY 21, 2022

In a nutshell, the previous system provided for an increased exemption of 50% of the income deriving from the economic exploitation of intangible assets (in 2015 the percentage of exemption was 30%, in 2016 40%). 50 of 24.4.2017).

Designs 70

Designs Design Patent IP 70

Technology & Marketing Law Blog

FEBRUARY 12, 2024

In 2016, the defendant IJR published an article/listicle titled “15 Signs Your Daddy Was a Conservative.” Philpot sued in 2020 over the 2016 IJR publication, i.e., after the 3 year statute of limitations that no one seems to care about post-Petrella. (In ” Market Effect. Larry Philpot is a repeat copyright plaintiff.

Fair Use 87

Fair Use Licensing Copyright Marketing 87

Technology & Marketing Law Blog

FEBRUARY 1, 2023

The Ninth Circuit told us this in 2016 (in Kimzey v. His website stands out for its late 1990s design ethos, plus it uses line numbers on every web page (even the “contact us” page) as if they were court pleadings. Google appeared first on Technology & Marketing Law Blog. Alexander Daniloff is an Oregon lawyer.

Blogging 85

Blogging Publishing Designs Design 85

Patently-O

FEBRUARY 10, 2022

The Broadcom chips and Apple phones are manufactured outside of the United States, although they are largely designed in the US, and the nerve centers of marketing and sales are also in the US. 2016) on remand from 579 U.S. Broadcom makes infringing chips and they are installed in Apple devices. ” Halo Elecs., Pulse Elecs.,

Patent 126

Patent Contracts Invention Designs 126

TorrentFreak

JANUARY 6, 2022

The indictment, unsealed Wednesday in Manhattan federal court, alleges that beginning in August 2016, Bernardini – who was based in London and worked in publishing for Simon & Schuster – began impersonating agents, editors and other individuals in the industry to obtain pre-release literary manuscripts from his targets.

Publishing 123

Publishing Intellectual Property Designs Design 123

Technology & Marketing Law Blog

MAY 12, 2022

In 2016, I blogged a case where a screenshotted tweet was forwarded by email. No Liability for Linking to Defamatory Content–Life Designs Ranch v. Bascom appeared first on Technology & Marketing Law Blog. Linking to Defamatory Content Protected by Section 230—Vazquez v.

Social Media 119

Social Media Blogging Designs Design 119

IPilogue

JUNE 16, 2022

Until 2016, Munchkin was manufacturing and selling diaper pail cassettes that were only compatible with Angelcare’s diaper pails. In 2016 , the plaintiffs – Angelcare Development Inc., Angelcare owns six patents related to the diaper pail cassettes and/or its assembly with its Diaper Genie. What’s next?

Patent Infringement 106

Patent Infringement Patent Designs Design 106

IPilogue

DECEMBER 9, 2022

In the verdict form the jury stated that Defendants had not proven fair use, the Plaintiff (Alexander) should receive $3,750 USD for actual losses from the Defendant’s use of the tattoo designs, and did not answer as to profits can be attributed to the Plaintiff for use of the tattoos. Citing Muhammad-Ali v. Final Call, Inc.,

Fair Use 112

Fair Use Copying Licensing Copyright 112

The IPKat

SEPTEMBER 25, 2023

In 2015, the Cancellation Applicant filed a request for revocation of Ferrari’s International trade mark ‘Testarossa’, designating (amongst others) the European Union, initially registered by Ferrari in connection with the premier of its sports car series from the 80’s and 90’s.

Fair Use 117

Fair Use Registration Designs Design 117

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.

Registration 67

Registration Intellectual Property Designs Design 67

Intepat

JUNE 9, 2023

In 2016, India introduced its National IPR Policy with the objective of stimulating creativity, protecting intellectual property, and promoting its commercialization. But first, let’s look at what the 2016 India’s National IPR Policy states. The major focus is to promote “Make in India” products.

Intellectual Property 52

Intellectual Property Inventor IP Technology 52

Indiana Intellectual Property Law

JUNE 23, 2022

Merrillville, Indiana – Plaintiff, NuStar Enterprises LLC (“NuStar”), is a clothing and apparel company that markets and sells clothing and apparel and related accessories. 6,376,399 with the USPTO on June 8, 2021 alleging they began using the mark as early as September 2016. 1114 , N.J. Stat § 56:3-13.16 1125 and IC 27-4.

Trademark 52

Trademark Registration Designs Design 52

TorrentFreak

APRIL 12, 2022

In a complaint filed this month in an Indiana court, clothing and apparel company NuStar Enterprises LLC states that since September 2016, it has continually used the ‘Reloaded’ trademark in commerce. “To protect its rights in the RELOADED trademark NuStar obtained and owns U.S. That has reportedly caused problems.

Branding 121

Branding Brands Branding Trademark 121

IP and Legal Filings

JANUARY 4, 2024

Introduction India’s Startup India Action Plan 2016 was a government initiative that provided all the required financial assistance, including tax breaks, to promote innovation and entrepreneurship in the country. Nascent companies generally face challenges such as increased costs, limited financing, and severe competition in the market.

Government 79

Government Ownership Business Designs 79

SpicyIP

AUGUST 23, 2023

It wasn’t a question of if they could try, it was a question of why should they try when there was no market power(!) In India, forget treatments for rare diseases, even the development of regular treatments for mass markets is an issue. and so incentives were helpful. Of course, some exceptions do exist.

Government 98

Government Marketing Marketing IP 98

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. That assessment implies a certain interdependence between the factors taken into account.

Marketing 73

Marketing Marketing Publishing Designs 73

Herbert Smith Freehills

OCTOBER 14, 2021

Since its founding in 2016, the company has developed a pipeline of 14 drug candidates, five of which are now at clinical stage. The global oncology drug market was valued at US$150.3 The global oncology drug market was valued at US$150.3 2016?????????14???????????????????????????. HK), TOT BIOPHARM (01875.HK),

Marketing 52

Marketing Marketing Licensing Publishing 52

Technology & Marketing Law Blog

JANUARY 18, 2024

However, those arguments were more theoretical than empirical; there weren’t a lot of high-profile examples of a mass-market consumer service deploying this strategy. 4) Social media “defective design” lawsuits go forward. Musk has bridged that gap. and the transition to a Web 3.0 Following the Lemmon v. TikTok bans.

Law 101

Law Social Media Advertising Advertising 101

The TTABlog

AUGUST 30, 2023

Opposer claimed to own a family of MONSTER-formative marks, but it failed to prove the existence of a family of MONSTER marks prior to SS Vape’s July 2016 date of first use. That both parties market and sell their products through the Internet is unpersuasive. SS Vape Brands, Inc. Opposition No. TTABlogged here. Text Copyright John L.

Designs 59

Designs Design Branding Brands 59

Corsearch

FEBRUARY 22, 2024

Imagine you’ve conjured up the hottest brand on the market – “Crispy Crunch Delights” , complete with a jazzy logo. 2016) In this showdown of footwear giants, Adidas took Skechers to court over a shoe design that seemed uncannily familiar. We explore in this article. What is trademark infringement? Skechers USA, Inc.

Branding 59

Branding Brands Branding Trademark 59

IP and Legal Filings

JANUARY 19, 2023

Corporates could be seen spending numerous resources so as to create a position in the market and to stand out from the crowd. Modi claimed that Revlon is seeing “record consumer off take growth after COVID included disruptions” However, due to heavy competition in the cosmetic market the company has filed for bankruptcy.

Intellectual Property 82

Intellectual Property Licensing Trademark IP 82

Velocity of Content

FEBRUARY 16, 2023

with the right to distribute it for marketing and market education purposes. Why This Market Outsell’s latest Information Consumption Study reveals dramatic post-pandemic changes. Each of these has important implications for serving market needs. That’s a dramatic increase over 2016. violations in 2016.

Licensing 52

Licensing Marketing Marketing Copyright 52

IP and Legal Filings

MAY 19, 2022

One of them is the Startup India Action plan 2016 which is a flagship program of the Indian government aimed at creating a robust ecosystem for incubating innovation and startups in the country, resulting in prolonged economic growth and large-scale employment generation. This process can go on forever until the liquidation.

Trademark 52

Trademark Government Branding Brands 52

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. In 2016, the Latinfood website contained the phrase “We have products from” followed by marks of imported brands, among which was an image of Industria’s Zenú mark.

False Advertising 59

False Advertising Advertising Advertising Registration 59

The IPKat

APRIL 22, 2023

Over the past few years, The IPKat has hosted a number of posts on the lengthy Danish saga relating to protection and infringement of copyright in pottery created by designer Anne Black. Now, the final word seems to have been spoken, as Katfriends Hanne Kirk and Charlotte Mittet Høfler (both Gorrissen Federspiel) report.

Copyright 57

Copyright Designs Design Copyright Infringement 57

The IPKat

JULY 4, 2021

The UK IPO has launched a public consultation on the post-implementation review of Copyright, Designs and Patents Act 1988, regarding whether the 2016 amendments achieved their objectives. Common Market Law Review has announced the 2021 Prize for Young Academics. The call for views is open until August 31.

Intellectual Property 70

Intellectual Property Journalism Social Media Intellectual Property Law 70

The TTABlog

APRIL 28, 2022

The Board dismissed Kate Spade LLC's opposition to registration of the mark WOLV & Design (shown below left) for watches, finding the mark to be too dissimilar to the KATE SPADE word mark and the "spade logo" mark (below right) to support opposer's Section 2(d) likelihood-of-confusion and its Section 43(c) dilution-by-blurring claims.

Designs 68

Designs Design Social Media Registration 68

LexBlog IP

JANUARY 25, 2024

The approval of Amgen’s WEZLANA (ustekinumab-auub) as biosimilar to Janssen’s STELARA (ustekinumab) is noteworthy given that it received designation as interchangeable. The FDA approved Celltrion’s infliximab biosimilar, administered by intravenous infusion, in April 2016 under the trade name INFLECTRA (infliximab-dyyb).

Marketing 52

Marketing Marketing Licensing Litigation 52