IP Watchdog

MAY 20, 2022

This week in Other Barks & Bites: the European Commission sent notice to several EU member states directing them to codify recent rule changes to EU copyright law; a WIPO report shows that China has a significant lead in global patent application filings for hydrogen fuel cell vehicle technologies; Judge O’Grady is removed from the criminal copyright (..)

Copyright 105

Copyright Trademark Copyright Law Patent Application 105

The IPKat

FEBRUARY 29, 2024

In a decision delivered this week, the Court of Appeal of England and Wales (the Court) has upheld the design infringement claim brought by Marks and Spencer (M&S) against Aldi in respect of their gin-based flavoured liqueur range, in what may be a catalyst for a shift from trade mark law to design law for product "lookalike" claims.

Designs 62

Designs Design Registration Intellectual Property 62

LexBlog IP

MAY 24, 2023

Quarles & Brady partner and editor-in-chief of the firm’s Protecting the Product design rights blog, James Aquilina, and patent engineer Harrison Powell attended the 16 th Annual USPTO Design Day on May 4, 2023, in Alexandria, Virginia at the USPTO’s Headquarters. Design filings in FY 2021 up 17.6%

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Designs Design Design Patent Litigation 40

Patently-O

JANUARY 13, 2023

My 2015 article, The Patented Design , was mentioned several times during the argument. In that article, I argued that a design patent’s scope should be limited to the design as applied to a specific type of product. Sarah Burstein, The Patented Design , 83 Tenn. The asserted design patent, U.S. 607, 612 (2018).).

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Design Patent Designs Design Patent 73

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 ).

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Designs Design Art Registration 91

Indiana Intellectual Property Law

MARCH 11, 2024

In Cyprus, Texas , Valcrum, LLC (“Valcrum”), a company specializing in trailer and axle market products, is engaged in a legal dispute with Dexter Axle Company, LLC (“Dexter”) from Indiana over trademark and trade dress infringement regarding a hubcap design.

Confidentiality 93

Confidentiality Designs Design Copying 93

The TTABlog

OCTOBER 22, 2021

The USPTO refused to register the mark BEDLAM VODKA in the word-plus-design form shown below left, for vodka [VODKA disclaimed], finding confusion likely with the registered mark BEDLAM! in the word-plus-design form shown below right, for beer. How do you think this appeal came out? In re Graybeard Distillery, Inc.

Designs 94

Designs Design Registration Copyright 94

LexBlog IP

JUNE 14, 2022

design patents continue to grow in popularity. Although 2021 saw a slight downtick in the number of issued design patents compared to the previous two years—most likely caused by lower filings during the beginning of the COVID-19 pandemic—the number of U.S. design patents that issued in 2012. design patents.

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. I’ve blogged this case three times before, in 2017 , 2018 and 2020. In 2018, the intermediate court reversed. The Facts. The lower court initially dismissed the case on 230 grounds.

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Designs Design Litigation Blogging 112

LexBlog IP

FEBRUARY 20, 2022

The panel held that the existence or nonexistence of alternative designs was probative of functionality or nonfunctionality, and thus evidence of alternative colors must be considered in deciding the functionality of Moldex’s mark. McKeon Products, Inc., 16-55548 (9th Cir. Link to ad for Moldex earplugs.

Designs 40

Designs Design Trademark Intellectual Property 40

Patently-O

NOVEMBER 21, 2022

SoClean’s problem back in 2018 was how to protect these filters with intellectual property. ” In general, that amount of evidence is insufficient to support a product design trade dress registration. The SoClean device has a compact filter that should be replaced every six-months–creating a nice subscription market.

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Designs Design Registration Trademark 73

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.

Designs 52

Designs Design Registration Copying 52

The IPKat

MARCH 11, 2024

Background On 24 October 2018, The KaiKai Company Jaeger Wichmann GbR (‘KaiKai’) filed an application for the registration of twelve Community designs with the European Union Intellectual Property Office (‘EUIPO’), claiming priority based on a Patent Cooperation Treaty (‘PCT’) patent application filed on 26 October 2017.

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IP Art Designs Design 113

The IPKat

MAY 8, 2022

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.

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Designs Design Art Marketing 67

Garrigues Blog

APRIL 27, 2021

Today, April 27, is International Design Day, an event, which seeks to recognize the value of design in society and business. On this significant date, we take the opportunity to look at a recent judgment by the General Court of the European Union (EGC) that will allow companies to extend the protection of a design by twelve months.

Designs 52

Designs Design Patent Application Intellectual Property 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.

Designs 48

Designs Design Registration Trademark 48

SpicyIP

AUGUST 31, 2023

On August 30, the office of the Controller General of Patents, Design and Trademarks (CGPDTM) released a public notice inviting comments from stakeholders to revamp the different IP guidelines and manuals. The invitation is specific to the Patents, Designs, Trademarks, GI and Copyright Manuals and Guidelines.

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IP Patent Prosecution Designs Design 110

Plagiarism Today

AUGUST 16, 2022

Next up today, Chis Randall at Elecrive.com reports that Italian Vespa manufacturer Piaggio has lost yet another round in its long-running war with German electric scooter manufacturer Kumpan Electric over the latter’s design. 3: Warhol’s Images of Prince: Social Commentary or Copyright Infringement?

Fair Use 196

Fair Use Copyright Infringement Plagiarism Intellectual Property 196

Plagiarism Today

JANUARY 13, 2022

2: Designer for Poler Branding Sues the Outdoor Apparel Brand’s New Owner. According to the lawsuit, Poler and Land Art & Design had an oral agreement at Poler’s launch to allow for use of the designs in question. However, Poler went bankrupt in 2018 and was acquired by Pacific & Everest.

Settlement 165

Settlement Designs Design Copyright Infringement 165

Garrigues Blog

JULY 27, 2021

The World Intellectual Property Organization (WIPO) has published its World Intellectual Property Indicators Report 2020 , which contains valuable information on changes in intellectual property indicators and trends worldwide, from 2018 to 2019, as we discussed in this post. Industrial designs. Trademarks.

Intellectual Property 52

Intellectual Property Designs Design Trademark 52

Plagiarism Today

JANUARY 12, 2022

1: LEGO is Being Sued for Copyright Infringement Over Leather Jacket Design. First off today, The Fashion Law reports that LEGO is facing a lawsuit from artist James Concannon following the inclusion of a jacket similar to one that he designed as part of a recent LEGO set. According to Concannon, he designed the jacked in 2018.

Cease and Desist 170

Cease and Desist Television Licensing Designs 170

IP Watchdog

JANUARY 17, 2022

filed trademark applications for POTIFY in standard characters, and stylized with a design on July 17, 2017, and May 2, 2018, respectively. Applicant U.S. Software Inc.

Trademark 128

Trademark Designs Design Patent 128

Olartemoure Blog

MARCH 1, 2024

Since then, there have been various technological and design advancements to improve the wheelchair. 02, 2018 Introducing a dynamic seating and walking wheelchair with an active seat that smoothly shifts from sitting to standing. Assignee: University of Pittsburgh US Department of Veterans Affairs Date of Patent: May.

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IP Inventor Intellectual Property Invention 105

IP Watchdog

SEPTEMBER 22, 2021

The England and Wales Court of Appeal has upheld lower rulings that two patent applications designating an artificial intelligence called DABUS as the inventor were deemed to be withdrawn. Thaler v Comptroller General of Patents Trade Marks And Designs [2021] EWCA Civ 1374.)

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Inventor Patent Application Designs Design 97

JD Supra Law

FEBRUARY 18, 2022

The so-called NHK-Fintiv rule, resulting from Board-designated precedential cases in 2018 and 2020, allows the PTAB to decline review of a patent based on several discretionary factors, including whether the patent is being asserted in ongoing. By: Haug Partners LLP

Litigation 96

Litigation Designs Design Patent 96

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

43(B)log

OCTOBER 1, 2022

Design patents play a role when we have them, typically a handbag/jewelry/diamond cuts/chain designs/shoes. Issue: legal is often the last to know of new designs, so you need to know before the design is launched: need to explain that legal needs to be part of the process. More partial designs.

Intellectual Property 84

Intellectual Property Design Patent Law Designs 84

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.

Designs 44

Designs Design Registration Licensing 44

Plagiarism Today

MARCH 31, 2022

This was backed up by the Business Software Alliance, which released a survey in 2018 that said some 62% of all software installed in the country was unlicensed. This was coupled with site blocking legislation, which often targets local sites as well as international ones, and by September 2018 had blocked some 6,000 sites.

Intellectual Property 264

Intellectual Property Intellectual Property Law Copyright Reporting 264

Michael Geist

MAY 23, 2023

This runs directly counter CRTC Chair Vicky Eatrides statement earlier this month on her professed desire for broad participation: We encourage everyone to participate in these consultations and to share your ideas so that, together, we can design the broadcasting system of the future. When Scott refused, the groups boycotted the process.

Designs 96

Designs Design 96

Plagiarism Today

APRIL 7, 2022

The website features information about the CCB, updates on the process, and users can register a CCB Designated Service Agent to receive notices and communication from the CCB. The program, which was founded in 2018, will provide guides for best practices for cloud providers.

Copyright 175

Copyright Social Media Copyright Law Licensing 175

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. The wranglings caused the registrant’s sticker to be removed from Amazon for a total of 44 days in 2018 across several different incidents.

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Registration Fair Use Copyright Designs 111

Patently-O

FEBRUARY 9, 2022

Sgromo , 2018 WL 3219403 (N.D. July 2, 2018). Sgromo then negotiated a license deal from a third-party, but that income was designated as coming to Eureka. ” Bestway (USA), Inc. 3D Pool Vision Pat. US7046440B1. When the two broke-off their relationship Sgromo wanted the patents back and sued.

Ownership 70

Ownership Patent Law Invention Licensing 70

Indiana Intellectual Property Law

MARCH 28, 2023

for Trademark and Trade Dress Infringement, as well as False Designation of Origin under 15 U.S.C. alleges that the Defendants are infringing on their trademarks by using similar names and designs on their fireworks products. 5,214,187 , the GHOST mark registered on August 21, 2018 under Registration No. Brown, Inc.

Intellectual Property 52

Intellectual Property Branding Brands Branding 52

Intellectual Property Law Blog

DECEMBER 21, 2023

In March 2018, Collegium petitioned the PTAB for PGR of claims 1-17 of the ‘961 patent. Based on a finding that the challenged claims lacked sufficient written description, the PTAB instituted PGR in October 2018. (“Collegium”) for infringement of US Pat. 9,693,961 (“the ‘961 patent”). Under 35 U.S.C. § 326(a)(11) and 37 C.F.R.

Litigation 147

Litigation Patent Art Designs 147

Dragons' Den

NOVEMBER 28, 2023

In 2018, my business partner Natalie, was dressing her Christmas tree with her seven-year-old daughter. Having initially started with six designs, Alison told us how intellectual property had played an important part in their business. For us the design protection is there, whether it be colour changes or anything else.

Intellectual Property 64

Intellectual Property Licensing Designs Design 64

Plagiarism Today

MAY 18, 2022

The Watch Tower filed a lawsuit against him in 2018 and has attempted to use DMCA subpoenas to unveil his identity. In addition to those issues, NetEase also claims that Tencent ripped off their app and interface designs. It is unclear what NetEase is seeking in the case in terms of either financial or injunctive relief.

Music 189

Music Licensing Plagiarism Copyright 189