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Another “brick” in Lego’s modular systems design protection

The IPKat

By decision of 24 January 2024 ( T-537/22 ), the General Court of the European Union (GC) confirmed the validity of the Registered Community Design (RCD) by Lego A/S (Lego) “Building blocks from a toy building set” by stating that an RCD is invalid only if all its features are excluded from protection. On 2 February 2010 Lego obtained RCD No.

Designs 70
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TTABlog Test: Is CROSSFIRST BANK & Circle Design Confusable with Banc of California's RIng Design?

The TTABlog

Because Crossfirst's filing date was in 2019 and California's in 2017, California had priority. California claimed that its ring design mark is commercially strong, but its evidence did not relate solely to the ring mark. It included evidence regarding use of that mark with the bank name.

Designs 67
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EUIPO Fifth Board of Appeal rules out that sale of spare parts for Ferrari’s Testarossa is genuine use of the trade mark

The IPKat

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.

Fair Use 117
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[Guest post] Second time is a charm: Danish design company wins plant box war

The IPKat

Here's what Hanne writes: Second time is a charm: Danish design company wins plant box war by Hanne Kirk On 22 April 2022, the Danish Eastern High Court handed down its decision in yet another dispute concerning applied art and the question of originality and infringement under copyright law. Its products are sold in more than 60 countries.

Designs 67
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[Guest post] An insight into international law-making: Third Special session of the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications of WIPO

The IPKat

The IPKat is received the following report by Katfriend Caroline Theunis (ELSA International) on the recent discussion of a Design Law Treaty at WIPO. They constitute the “SCT”, referring to the Committee covering design law issues within WIPO. Initially, the Diplomatic Conference to adopt the DLT was scheduled to take place in 2017.

Designs 70
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China: Design Patents and the Metaverse

IP Tech Blog

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.

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512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. McCandless

Technology & Marketing Law Blog

Case Citation : Digital Marketing Advisors v. Benjamin. * How Have Section 512(f) Cases Fared Since 2017? HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. The post 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. McCandless Group, LLC, 2022 WL 17403067 (C.D.