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Conundrum behind registrability of GUIs as industrial designs in India

LexBlog IP

There has been quite a bit of debate around the registrability of GUIs under industrial design law in India. While the Designs Act, 2002, recognised protection for GUIs, the Indian Patents Office has been reluctant to grant registration to GUIs. Vs. The Controller of Patents and Designs and Anr. [1]

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5 Spooky Articles About Copyright and Halloween

Plagiarism Today

In 2019, it was due to road work on my street and both 2020 and 2021 due to the pandemic. Night of the Living Dead is possibly one of the most famous public domain movies of all time. However, at least one copy made it to the United States, where the original book was already in public domain.

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5 Copyright Stories to Watch in 2022

Plagiarism Today

According to Unicolors, the retailers infringed on one of their designs and sold various goods with it. Though the infringement isn’t in question, the copyright registration is. In the United States, a copyright registration is required before a lawsuit can begin. 5: The Public Domain Expands.

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Evaluating the Constitutionality of Viewpoint-Neutral Trademark Registration Laws That Do Not Restrict Speech—Vidal v. Elster (Guest Blog Post)

Technology & Marketing Law Blog

The United States Patent and Trademark Office (USPTO) refused registration of “Trump Too Small” under Section 2(c) of the Lanham Act ( 15 USC 1052(c) ) because the phrase includes a living individual’s name without his written consent. Tam (2017) and Iancu v. The text of Section 2(c) is viewpoint-neutral.

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How Lulu Lost Her Mark

Dear Rich IP Blog

My understanding is that all publicity photos taken back in the 1920s and 1930s were never copyrighted, therefore, in the public domain, especially if the photographer is unidentified. The application seemed doomed in February 2019, when the USPTO trademark examiner issued a final office action (FOA) denying registration.

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Volkswagen is a happy camper as BoA upholds its EU trade mark opposition

The IPKat

Background On 27th September 2019, European Flipper / Pinball Factory GmbH applied to register the following logo as an EU trade mark: The application covered the following goods and services and was published for opposition on 3rd October 2019: Class 11: Camping stoves. Its EUTM Registration No. International license.

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Geographic Awake: Bridging Gaps in Geographical Indication Awareness Across India

IP and Legal Filings

An indication becomes generic when it returns to the public domain and is no longer protected in its country of origin or has ceased to be used there. 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.