The IPKat

APRIL 26, 2023

A Registered Community Design (‘RCD’) enjoys protection only if it is new and has individual character vis-à-vis designs disclosed prior to its filing or priority date ( Art. 4(1), 7 of Regulation 6/2002 , ‘Design Regulation’). 7(1) Design Regulation ). 7(1) Design Regulation ). 6 of Directive 2005/29/EC.

Designs 76

Designs Design Art Intellectual Property 76

Patently-O

AUGUST 23, 2021

Obviousness of a design patent is governed by 35 U.S.C. Importantly, the Federal Circuit suggests that the obviousness inquiry should begin with a primary reference whose whose “design characteristics … are basically the same as the claimed design” and that creates “basically the same visual impression.” Design Patent Nos.

Design Patent 89

Design Patent Designs Design Patent 89

IP Tech Blog

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 57

Design Patent Designs Design Patent 57

Technology & Marketing Law Blog

SEPTEMBER 16, 2022

The California Age-Appropriate Design Code (AADC / AB2273, just signed by Gov. That will benefit incumbents–and hurt new market entrants, who have to convince users to do age assurance before users trust them. Prior AADC coverage : Some Memes About California’s Age-Appropriate Design Code (AB 2273).

Designs 110

Designs Design Privacy Business 110

The IPKat

JANUARY 5, 2022

Green Label (of 23 August 2021), the BOA ruled that vacuum cleaner bags enjoy design right protection, overturning a previous decision by the Invalidity Division. Background of the case In 2008, Miele successfully registered a Community Design (‘CD’), consisting of a depiction of a vacuum cleaner bag, one of which is shown below.

Designs 109

Designs Design Public Domain Advertising 109

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

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

Kashishipr

JULY 20, 2022

Although this may sound quite encouraging and motivating for those with original ideas, many famous brands out there are accused and widely recognized for being copycats in the market and, unfortunately, making a lot of money. The stories feature on Instagram is the same as that of its rival and competitor in the market, Snapchat.

Branding 52

Branding Brands Branding Marketing 52

IPilogue

NOVEMBER 18, 2022

(“Mascotte”), owns a portfolio of 160 trademark applications in the US connected to the “Yeezy” brand, Adidas solely owns all design rights to existing products, as well as previous and new colorways under the partnership. Adidas reportedly intends to take advantage of its design rights by selling the Yeezy sneakers using its own branding.

Business 131

Business Contracts Branding Brands 131

The IPKat

JUNE 21, 2023

DM045.247 relating to its “B3” tap by the tap “Alila” marketed in Germany by German company Nobilia-Werke J. An Italian cat reflecting on jurisdiction Background On 13 January 2021, German company Bulthaup GmbH & Co. KG sent a warning letter to German company Nobilia-Werke J. Stickling GmbH & Co. Stickling GmbH & Co.

Designs 70

Designs Design Settlement Marketing 70

IP Tech Blog

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

Designs 57

Designs Design Copyright Design Patent 57

The IPKat

DECEMBER 29, 2021

The European Commission’s Directorate-General for Taxation and Customs Union ( DG TAXUD ) and the European Union Intellectual Property Office ( EUIPO ) recently released the first joint annual report on EU enforcement of intellectual property rights: results at the EU border and in the EU internal market 2020.

Reporting 128

Reporting Intellectual Property Marketing Marketing 128

Patently-O

FEBRUARY 3, 2023

The phrase comes from Lizzo’s 2017 song Truth Hurts (remade in 2019) that has become a viral sleeper hit. Unlike patents and copyrights, trademark law is not designed to reward the creative endeavor of invention or authorship. The original line in the song is “I just took a DNA test, turns out I’m 100% that b h.”

Registration 127

Registration Trademark Social Media Music 127

IPilogue

JANUARY 30, 2023

Famous for its easily-recognizable design of breathable and water-friendly clogs, Crocs was founded in 2002 in the US by three college friends who enjoyed sailing. Released on October 21, 2022, this case decision concerned the validity of the industrial design rights for Crocs’ MAMMOTH line of fleece clogs (“939 Design”).

Intellectual Property 105

Intellectual Property Designs Design Design Patent 105

Kluwer Copyright Blog

NOVEMBER 17, 2021

Part 1 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 is available here , and parts 3 and 4 will be published on the blog over the coming days. . The BGH arrived at the same ruling as in Cordoba II in another judgment in 2019 called Testversion.

Law 52

Law Copyright Television Copyright Infringement 52

Garrigues Blog

APRIL 16, 2024

The Supreme Court has delivered a judgment that bolsters copyright protection for works of applied art under criminal law: It sets an important precedent in Spain in distinguishing design as an art that deserves protection under both criminal as well as civil law.

Art 59

Art Artistic Work Law Designs 59

LexBlog IP

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

Designs 52

Designs Design Copyright Intellectual Property 52

The IPKat

AUGUST 17, 2022

The quest for practical and entertaining cases often raises various dilemmas with companies: they are forced to come up with new and quirky solutions in an ever-growing competitive market where children are also in focus. In 2019, Samsonite indeed attempted to register the shape of an iPad/tablet case as an EUTM.

Registration 91

Registration Designs Design Marketing 91

Patently-O

FEBRUARY 12, 2024

TaylorMade Golf Company teed off a dispute over golf club design and filed a patent infringement lawsuit on January 31 st, 2024, in the Southern District of California against Costco and Southern California Design Company alleging infringement and false advertising relating to five of TaylorMade’s patents related to golf irons.

False Advertising 101

False Advertising Invention Advertising Advertising 101

LexBlog IP

OCTOBER 11, 2023

FDA grants interchangeable designation to Pfizer’s adaliumumab biosimilar – On October 5, 2023, Pfizer Inc. Food and Drug Administration (FDA) has designated ABRILADA (adalimumab-afzb) as an interchangeable biosimilar to HUMIRA (adalimumab). ABRILADA was originally approved by the FDA in November 2019. ml dose.

Designs 52

Designs Design Marketing Marketing 52

Garrigues Blog

JUNE 28, 2021

China has taken a further step towards aligning its regulations with the international protection system for designs. On June 1, 2021, the most recent reform of the country’s Patent Act entered into force, which includes significant changes to how industrial designs are regulated. Key reforms.

Designs 52

Designs Design Intellectual Property Registration 52

SpicyIP

APRIL 30, 2024

By Kevin Preji On 28th Feb, 2024, the Delhi High Court in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs in allowing an appeal, clarified the role of the ‘person skilled in the art’ (‘PSITA’) in determining non-obviousness. The patent office issued a first examination report in June 2019, (7 years later!)

Invention 111

Invention Art Designs Design 111

Intellectual Property Office Blog

NOVEMBER 28, 2022

Copyright © Hornit, 2019. Or complex mounted structures designed to be used within garages. He described how this has allowed him to work with brand protection consultancy, SnapDragon to carry out searches of digital markets for counterfeit versions of the CLUG. Find out how to protect your IP using our guidance pages.

IP 103

IP Business Branding Brands 103

TorrentFreak

APRIL 12, 2022

In November 2019, the US federal government shut down IPTV services operated by Bill Omar Carrasquillo, aka ‘Omi in a Hellcat’ IRS and FBI agents seized “at least” $5.2m According to the complaint, NuStar learned that Carrasquillo intended to launch an apparel business under the ‘Reloaded’ brand in July 2019.

Branding 122

Branding Brands Branding Trademark 122

IIPRD

MAY 9, 2024

Hence, the concept of cross licensing agreement has originated with the intent to help various organizations in sharing patent licenses along with their rights and liabilities leading to their easier access to masses and reduction of monopolistic market tendencies. Cross-licensing agreements can both restrain and advance competition.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Licensing Law 59

Plagiarism Today

AUGUST 12, 2021

The 91-page report is part of an ongoing legal battle between Harrison/Erickson, a design firm that created the original Phanatic, and the Philadelphia Phillies baseball team. Harrison/Erickson created the original costume in 1978 and licensed its use until 2019, when negotiations broke down. 3: Advertising Fuels $1.34

Advertising 246

Advertising Advertising Reporting Licensing 246

IPilogue

MARCH 6, 2023

On December 26, 2022, the Japanese IP High Court dismissed an appeal from Christian Louboutin (“Louboutin”), a shoe designer known for its iconic red-bottom heels, in its action against Japanese shoe designer, Eizo Collection Co., The court also took issue with Louboutin’s market research. 2015-29921 ).

IP 59

IP Branding Brands Branding 59

The IPKat

FEBRUARY 17, 2023

The e-commerce platform Amazon offers an affiliate marketing programme called Amazon Associates. The agreement between Amazon and the affiliate does not provide any specifications for the design of the affiliate’s website. Background The case concerned affiliate marketing on www.schlafbook.de. 14(7) German Trade Mark Act , Sec.

Advertising 70

Advertising Advertising Business Designs 70

Dragons' Den

NOVEMBER 28, 2023

They had come across a huge glaring gap in the market. Alison highlighted the fact that in a recent report looking at diversity in access to venture capital between 2009 and 2019, black female-led companies received 0.02% of the total amount invested. For us the design protection is there, whether it be colour changes or anything else.

Intellectual Property 64

Intellectual Property Licensing Designs Design 64

Olartemoure Blog

DECEMBER 14, 2023

This growing trend reflects a broader effort to closely examine and mitigate the market power held by these corporate giants. Abuse of dominant position, in the context of antitrust and competition law, refers to the improper and anti-competitive practices undertaken by a company that holds a dominant market position.

Marketing 98

Marketing Marketing Advertising Advertising 98

The IPKat

JANUARY 22, 2024

Gilead brought an infringement action and applied for provisional measures against Mylan before the Finnish Market Court in 2017. The Market Court granted provisional measures against the marketing and sale of Mylan’s generic medicine in 2017. They were subsequently lifted by the Finnish Supreme Court in 2019.

Art 70

Art Intellectual Property Marketing Marketing 70

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

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. If so, as I predicted in 2019 , the UK Online Safety Act will accelerate the end of Web 2.0 4) Social media “defective design” lawsuits go forward.

Law 102

Law Social Media Advertising Advertising 102

IPilogue

OCTOBER 27, 2021

As value-drivers for corporations, the portion of intangible assets in Standard & Poor’s 500 stock index reached 91% in 2019—up from a mere 17% in 1975 (marking a 74% increase in 44 years). Intellectual property is a key category of intangible assets. Intellectual property is a key category of intangible assets.

Intellectual Property 111

Intellectual Property Journalism Branding Brands 111

IPilogue

MARCH 10, 2023

At the heart of the case was Adidas’ iconic three-stripe design, which the company claimed was being infringed upon by Thom Browne’s four-striped signature. This prompted Adidas to reach out to the designer in 2007, citing the similarity between the two brands’ designs.

Trademark 59

Trademark Branding Brands Branding 59

SpicyIP

MAY 17, 2023

Further, the number of pre-and post-grant oppositions are less than one percent of total patent applications published or patents granted as per annual reports of the office of the Controller General of Patents, Designs, Trademark and Geographical Indications (CGPDTM) during the period 2012-2022 (also see here ). 59, para 1). 59, para 1).

Reporting 137

Reporting Intellectual Property Patent Application Intellectual Property Law 137

43(B)log

SEPTEMBER 7, 2021

has offered design and marketing services under the name “Uber” since 1999. describes its business as including graphic design like logos, stationery and brochures; promotional events and mailings; and consumer-oriented campaigns, like magazine advertisements. Uber Technol., 20-cv-2320 (PKC) (S.D.N.Y. 24, 2021) Uber Inc.

Graphic Design 59

Graphic Design Advertising Advertising Technology 59