The IPKat

OCTOBER 15, 2023

The design was largely attributable to functional and technical considerations and based on simple variations of previously known designs that are part of the general design repertoire. b) the work in question builds on and constitutes a variation of a previously known design or an ongoing design trend?

Art 91

Art Designs Design Marketing 91

LexBlog IP

DECEMBER 26, 2023

Their terms say I own full commercial (note they don’t say “exclusive”) rights to it and can apply for trademark registration for it (through the, naturally, even though they aren’t lawyers and will just copy whatever you provide them into the application and submit it whether it’s appropriate or not).

Designs 52

Designs Design Trademark Copyright 52

The IPKat

FEBRUARY 13, 2022

increase in international registration filings compared to 2020! DESIGN On Saturday, February 5, 2022, WIPO announced China's accession to the Hague System, making it the 68th contracting party to the 1999 Act and the 77th member of the Hague Union. In 2021, there was a 14.4% Background and outcome of the decision here.

Blogging 52

Blogging IP Copying Copyright 52

Kluwer Copyright Blog

MAY 30, 2024

However, copyright protection may unexpectedly clash with this sustainable practice, as certain upcycled items could include copyrighted prints, ornaments, or design patterns from the original materials, such as new clothing items made out of old bed sheets, curtains, or tablecloths , or jewellery made from broken porcelain.

Copyright 117

Copyright Copyright Law Business Intellectual Property 117

Dragons' Den

JANUARY 5, 2023

Lucy found a gap in the market for a stylish pill case when she started taking regular medication. One of the reasons Lucy was looking for investment was that she was worried that someone could copy her idea. Another way to protect her pill box is with a registered design. Peter Jones was first to begin questioning Paola.

Social Media 52

Social Media Designs Design Business 52

The IPKat

MAY 9, 2024

018171305 ) as well as case law ( R-51/2006-4 , R-2069/2020 ). The EUIPO therefore concluded that the sign in question is just one more variant of the many existing on the market that adopt simple decorative elements, alone or in combination with each other. 018153472 , EU trade mark no. 018734154 , EU trade mark no. 018840443.

Marketing 61

Marketing Marketing Intellectual Property Designs 61

Technology & Marketing Law Blog

FEBRUARY 12, 2024

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. Further, “if IJR’s challenged use becomes uninterrupted and widespread,” it hurts Philpot’s potential market of licensing to media outlets.

Fair Use 94

Fair Use Licensing Copyright Marketing 94

IP and Legal Filings

JANUARY 16, 2023

today as the end of October month approaches the market gets flooded with different kinds of Halloween-themed articles (consumable and non-consumable) and various Halloween-themed costumes. The market gets flooded with Halloween-themed costumes, and goods, and buyers rush up to purchase them. [Image Sources : Shutterstock].

Intellectual Property 71

Intellectual Property Intellectual Property Law Blogging Designs 71

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

Blogging 97

Blogging Copying Social Media Copyright 97

LexBlog IP

MARCH 8, 2022

Ferrari was issued a new design patent D945,320 titled, “Car, Toy Car Replica And/Or Other Replica.” ” While this patent does not mention the specific model of vehicle for the design, the look bears similarity to the Scuderia Ferrari SF1000 that raced in the 2020 Formula One season. About Design Patents.

Design Patent 52

Design Patent Patent Intellectual Property Designs 52

Patently-O

AUGUST 24, 2023

In its recent Volva Penta decision, the Federal Circuit found that the PTAB had (1) created too high of a burden to prove nexus and (2) been unduly dismissive of the patentee’s evidence of commercial success and copying. The case also serves as a reminder that product copying still caries significant weight in the obviousness analysis.

Invention 52

Invention Copying Art Designs 52

TorrentFreak

AUGUST 24, 2021

In April 2020, a coalition of entertainment companies headed up by Universal, Paramount, Columbia, Disney and Amazon filed a copyright infringement lawsuit against the operators of ‘pirate’ IPTV service Nitro TV. channels, which are only possible to offer after content is copied and stored, contrary to copyright law.

Television 135

Television Copyright Infringement Advertising Advertising 135

TorrentFreak

FEBRUARY 15, 2022

In 2020, Amazon teamed up with publisher Penguin Random House and authors including John Grisham, Scott Turow and Lee Child to sue several pirate ‘Kiss Library’ eBook sites operating out of Ukraine. When sales are replaced by pirated copies, authors earn a lot less. Congress and Google Must Do More. Whois Privacy Corp.,

Social Media 104

Social Media Publishing Copyright Law Copyright 104

IIPRD

NOVEMBER 14, 2023

Musical Arts, designs, pictures, software, material, and many other sorts of Intellectual Property can be transferred using an e-commerce platform in the digital age. 1] Presently, multiple e-commerce platforms have emerged in the market which was predominantly ruled by Amazon and Flipkart. 26, 2023, 11:00 AM), [link].

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

43(B)log

DECEMBER 1, 2022

The parties compete in the market for audio products, specifically multichannel amplifiers, and sell online, including on Amazon. Statements in a user manual are ‘made to explain a user tool, not for a promotional purpose to penetrate the relevant market of the viewing public.’” But “[n]ot all commercial speech is promotional.”

Advertising 64

Advertising Advertising False Advertising Copyright 64

TorrentFreak

OCTOBER 16, 2021

This week, beIN Media Group and subsidiary Miramax submitted their recommendations to the Office of the United States Trade Representative for the purposes of the USTR’s 2021 Out-of-Cycle Review of Notorious Markets. One pirate IPTV provider in particular appears to be a major concern. Many Other Pirate IPTV Providers Pose a Threat.

Reporting 123

Reporting Marketing Marketing Television 123

Technology & Marketing Law Blog

JULY 16, 2021

Robinhood Markets, Inc., Robinhood used Ice Cube’s picture and paraphrase of a line from his song to illustrate an article about market corrections. Mangos Caribbean Restaurant LLC, 2020 WL 10056405 (N.D. On the contrary, they seem easily separable. 2021 WL 2435307 (N.D. June 15, 2021). Employment. Crawford v.

Advertising 113

Advertising Advertising Contracts Social Media 113

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. Defendant had not obtained the Deposit Design from the Copyright Office. Defendant had not tried to find out why Amazon kept reinstating Plaintiff’s listing.

Registration 117

Registration Fair Use Copyright Designs 117

Kluwer Copyright Blog

OCTOBER 30, 2023

Copyright infringement – Copyright subsists in the Lidl logo and this was copied by Tesco in creating their Clubcard Price(s) signs. As part of this scheme, in September 2020, Tesco introduced the Clubcard Prices promotion: Tesco Clubcard holders were given discounts at the point of sale on certain products.

Copyright 59

Copyright Copying Branding Brands 59

Copyright Lately

SEPTEMBER 26, 2022

That order actually topped my list of the 5 Worst Copyright Decisions of 2020 because, by sending the case to a jury, the court effectively ruled that anyone with a tattoo is not in control of the uses to which his or her likeness is put. Skull arm design. Bible verse design. Upper back design. Tribal design.

Fair Use 86

Fair Use Licensing Ownership Copying 86

43(B)log

DECEMBER 18, 2023

The engineer of record must indicate on construction drawings the specific structural connectors that will be used on a given project, whether a custom connector designed by the engineer to join and transfer the load between members or a pre-engineered connector.

False Advertising 64

False Advertising Advertising Advertising Copyright 64

IP Tech Blog

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. It covers architectural design, software, graphic arts, motions pictures, sound recordings, and more, and it is adaptive to new technological advances that would likely apply to NFTs.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

Biswajit Sarkar Copyright Blog

DECEMBER 19, 2023

Definition of MSME The MSME Development Act, established in 2006, witnessed a significant overhaul in its definition within the Atmanirbhar Bharat package on May 13, 2020. Subsequently, on June 1, 2020, the Government of India opted for further enhancements, particularly for Medium enterprises, setting the investment cap at Rs.

Settlement 52

Settlement Intellectual Property Registration Designs 52

IP and Legal Filings

JANUARY 29, 2024

Unveiling Merchant Privileges in the Shadows of Craftsmanship Developing nations like India require financial and technical support to market their products internationally and attain the sustainability of GI. ” However, the recently passed GI Amendment Rules, 2020 have partially addressed this issue.

Registration 91

Registration Blogging Designs Design 91

TorrentFreak

DECEMBER 6, 2021

“This site is stripped of all AATV branding and designed to appear like it sells VPN software to consumers,” the complaint notes, adding: “Defendants’ actions are consistent with an intent to operate the AATV service in covert manner because they know the service is illegal.”

Copyright Infringement 134

Copyright Infringement Licensing Copying Copyright 134

Kluwer Copyright Blog

OCTOBER 3, 2023

The C4 dataset, created by Google in 2020, is taken from the Common Crawl dataset, which is an open-source dataset and “ a massive collection of web pages and websites consisting of petabytes of data collected over twelve (12) years, including raw web page data, metadata extracts, and text extracts ” (§ I.78 76) (see here and here ).

Fair Use 135

Fair Use Privacy Copyright Technology 135

Technology & Marketing Law Blog

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. Day to Day Imports * Satirical Depiction in YouTube Video Gets Rough Treatment in Court * 512(f) Preempts Tortious Interference Claim–Copy Me That v.

Fair Use 106

Fair Use Cease and Desist Contracts Ownership 106

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

This article focuses on regulatory and legislative actions in 2020 that may impact the burgeoning biosimilars space in 2021 and beyond. In particular, the authors review FDA’s preparation for the March 23, 2020 transition date, as well as FDA’s efforts to address biosimilar competition, interchangeability, and the COVID-19 pandemic.

Settlement 40

Settlement Licensing Designs Design 40

IIPRD

MARCH 17, 2023

Subsequently, the healthcare sector has gained precedence and command over the market. The global nutraceutical market (including functional food, functional beverages, and dietary supplements) is anticipated to grow by 7.5% (CAGR) between 2022 and 2027, in which the United State market share is considered to be the biggest.

IP 52

IP Intellectual Property Marketing Marketing 52

Kashishipr

SEPTEMBER 20, 2021

The label in question was designed by an employee of SK Oil Industries. Since then, it has been continuously used and has even acquired reputation and goodwill in the market. It was in October 2020 when SSPL came to know about NTC’s use of a similar label and trade dress for its set of soya bean edible oil products.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

43(B)log

FEBRUARY 21, 2024

WCT’s app was first released in 2014 for the iPhone and Pebble watch as a metric-tracking cycling app that was designed to “track speed, distance, altitude, and grade.” WCT’s principal testified that he continued developing a new version of the Bike+ app from 2017 until 2020, writing “over 2.4 The new app then launched in January 2021.

Marketing 59

Marketing Marketing Trademark Branding 59

azrights

MARCH 15, 2021

A distinctive asset such as the Nike Swoosh would have been capable of registration as a trademark as soon as the design was created. This protects your underlying business because the trust that the market has in the Nike goods is what motivates them to buy the brand’s products.

Branding 52

Branding Brands Branding Trademark 52

43(B)log

NOVEMBER 28, 2022

Critiques about “issues of methodology, survey design, reliability, the experience and reputation of the expert, critique of conclusions, and the like go to the weight of the survey rather than its admissibility.” Dr. Chiagouris also opined on two Monster-commissioned surveys conducted by InfoScout, a market research firm.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

IIPRD

AUGUST 4, 2022

‘Influencer marketing,’ albeit a new word, has emerged as one of the most effective strategies to create money across all industries. In today’s market, a distinct brand identity is critical in all company sectors. For modern designers, this may be both a blessing and a curse. Build your market reputation.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

IIPRD

JANUARY 23, 2023

It further expanded its domain as a manufacturer by establishing a market for its self-made products such as kindle for e-book services, audiobook and ‘cloud computing’ web storage services. Williams-Sonoma commented that Amazon’s own product line “Rivet” has infringed patents of furniture designs. [3] LEXIS 24421. [7]

Patent Infringement 52

Patent Infringement Patent Cease and Desist IP 52

TorrentFreak

MARCH 1, 2022

The plaintiffs stated that the complex business structure was designed to frustrate enforcement efforts and hide profits made by SET Broadcast LLC and various individuals. At a Florida court, DISH and encryption partner NagraStar sued several individuals, companies and trusts collectively doing business as SetTV via the domain settvnow.com.

Settlement 134

Settlement Business Branding Brands 134

LexBlog IP

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. To avoid this risk, the Chinese market has created a different Chinese name for NFTs: Digital Collection (数字藏品, hereafter also referred as “DC”).

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52