43(B)log

SEPTEMBER 20, 2021

2021 WL 2270511, No. 3, 2021) The parties compete in the market for custom landscape design services. “[I]n He did allege sadness, distress, and “profound grief” from Natorp’s copying of images of a particular landscape job, but the Lanham Act doesn’t cover psychological, emotional harm. McCleese v. Natorp’s, Inc.,

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Copying False Advertising Social Media Advertising 64

Patently-O

SEPTEMBER 17, 2023

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Still, ornamental logos found on the accused product can still be relevant as visual distractors in the process of evaluating similarities and differences between the claimed design and accused design.

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43(B)log

FEBRUARY 3, 2023

Christine Farley, Authenticity and Design: Why sell a chair for 10x a visually identical chair? The claim is authenticity: authorized manufacturers and retailers; they call copies counterfeits. and design patents were hard to get/not as valuable at the time. The claim is that coming from certain retailers = authenticity.

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IPilogue

AUGUST 5, 2022

IP, design, development, and engineering are cornerstones of this sport, with teams having to design, build, and race their cars. With large sums of prize money at stake and teams’ inability to patent the designs on which they spend millions in innovation , F1 is in a difficult position. New Name, Same Concerns?

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43(B)log

AUGUST 26, 2021

2021 WL 1253803, No. 5, 2021) The plaintiff benefits from very generous treatment of its false designation and copyright claims, in the process stripping false designation of anything other than a prohibition on copying/vitiating both Wal-Mart and Dastar. Simpson Strong-Tie Company Inc. 20-cv-06957-VKD (N.D.

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Designs Design Copying Copyright Infringement 64

Plagiarism Today

SEPTEMBER 21, 2021

In July 2021, Disney debuted a new series entitled Behind the Attraction , which among its initial episodes, featured their own episode about the attraction. Right is from Behind the Attraction on Disney+ pic.twitter.com/Sf1biymTSz — James St.Onge – Art of Engineering (@aoEngineering) September 16, 2021. According to St.

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Plagiarism Today

NOVEMBER 18, 2021

They did so anyway and followed up by filing a trademark We’ve tried to sort this out in private and they have been uncooperative at every turn [link] — OBS (@OBSProject) November 17, 2021. pic.twitter.com/00sjHsmntF — Streamlabs (@streamlabs) November 17, 2021. Hey, can I copy your homework? ? This is our fault.

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JIPEL Copyright Blog

APRIL 26, 2021

How does an influencer and fashion designer become so despised? However, an equally long list of controversies accompanies this list of accomplishments, the majority of which involve alleged copying. Nordstrom removed the pieces at issue, and everything seemed to be fine on the copying front—until 2020 hit.

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Technology & Marketing Law Blog

JULY 16, 2021

2021 WL 221878 (9th Cir Jan. 22, 2021): companies now pay so-called “influencers” to issue posts on social media touting their products or services. 2021 WL 2435307 (N.D. June 15, 2021). 2021 WL 151978 (N.D. 2021 WL 2476853 (E.D. La Marque, 2021 WL 1997376 (D. Advertising/E-Commerce. Ariix, LLC v.

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Kluwer Copyright Blog

JULY 16, 2021

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy. The draft law on the rights of professional artists will significantly change how the private copying levy system has been functioning in Poland so far.

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Plagiarism Today

MAY 23, 2022

Instead, it was published in 2021 on Douyin, the Chinese equivalent of TikTok, by a prominent video blogger that uses the name Beida Mange. Mange, who has nearly 4 million followers, pointed out the copying in a video comparing the two works. Audi has also removed the video. They compare like works to other works of that type.

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43(B)log

AUGUST 11, 2021

2021 WL 1236106, Nos. It allegedly sold or gave away unauthorized copies of the I-Codes and Custom Codes to both customers and prospective customers. International Code Council, Inc. UpCodes, Inc., 6261 (VM) & 20 Civ. 4316 (VM) (S.D.N.Y. Where these are not provided, UpCodes has integrated the local amendments.”

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Plagiarism Today

OCTOBER 24, 2022

In 2019, it was due to road work on my street and both 2020 and 2021 due to the pandemic. If you want a more complete list of the Halloween-related articles that have been featured on this site, check out this post from October 2021. That copy was preserved and is the basis for all copies of the film we have today.

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Copyright Public Domain Copying Copyright Notice 267

Kluwer Copyright Blog

OCTOBER 3, 2022

The implementation of the CDSM Directive is still far from over, despite the fact that the implementation deadline passed more than a year ago, on 7 June 2021. WIPO, Agreement on diplomatic conference on Design Law Treaty. The copyright in these two titles expired at the beginning of 2021. CDSM Directive implementation.

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Copyright Law Copyright Law Music 114

Michael Geist

APRIL 11, 2023

This first post starts with the aftermath of the 2021 consultation on online harms, which was designed to provide the foundation for the bill. The consultation was launched by then-Heritage Minister Steven Guilbeault in the summer, running for much of the 2021 election campaign ( my submission here ).

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The IPKat

MARCH 27, 2022

A very popular design of one of these boots is based on a traditional Spanish riding boot - the Regina boot or Heeled Regina - which looks like the below (and for a closer look click here ). Although their products have the "country" look and feel about them, the products aren't designed for serious country wear.

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Designs Design Copying Art 52

Intellectual Property Law Blog

FEBRUARY 13, 2024

For Baird, the Federal Circuit pointed out that the claimed 40 °F to 60 °F range was found to be a “different invention” from the disclosed 32 °F to 176 °F range because the claim had been copied from a different patent in order to initiate an interference proceeding. 2d 974 (C.C.P.A. 1965), and Indivior UK Ltd. 4th 1323 (Fed.

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LexBlog IP

JANUARY 11, 2023

Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Compendium: Chapter 1200, sections 1201-1202. In particular, Section 1213.2

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The IPKat

DECEMBER 16, 2021

CPL had a registered trademark in the word “Conphamol” and the design of the product packaging. In this regard, the Court concluded that the defendants’ song appears to be a case of copying and reproduction of the plaintiff’s work. Interested readers can find the Africa IP Highlights 2020, here.

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Copyright IP Ownership Copyright Infringement 89

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

After a heady 2020, 2021 proved to be a return to normalcy for the PTAB. Filings at the PTAB in 2021 also reflect a general slowdown, with a decline of about 10% from 2020. [1] For even more 2021 post-grant updates, please see our Post-Grant 2021 Year in Review webinar here. 1970 (2021). Download a PDF.

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LexBlog IP

APRIL 12, 2022

the Federal Circuit reversed the PTAB’s finding that Gamon’s design patents on gravity-fed displays for soup were non-obvious. 19, 2021) (“ Gamon II ”). Campbell comparison of solid-lined portion of claimed design to primary (Linz) reference. In Campbell Soup Co. Gamon Plus, Inc. , 4th 1268 (Fed.

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Design Patent Designs Design Patent 52

Kluwer Copyright Blog

APRIL 19, 2022

Original Beauty Technology Company Limited & others v G4K Fashion Limited & others, [2021] EWHC 3439 (Ch). The High Court has recently awarded £450,000 in damages to a successful claimant in a dispute about unregistered design rights in clothing. Background.

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Designs Design Settlement Copying 52

Kluwer Copyright Blog

APRIL 13, 2023

CJEU judgments and AG Opinions Ocilion, AG Opinion, C-426/21 This is yet another preliminary reference on the private copying exception in Article 5(2)(b) InfoSoc Directive coming from the Austrian courts. For the a comment on the most recent Court judgment on private copying and the cloud (Case C-433/20), also coming from Austria, see here.

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Copyright Law Law Copyright Copying 75

IPilogue

DECEMBER 21, 2021

Intellectual property law truly is incorporated in every aspect of society and the issue of lacking creativity in designing sports bras and leggings only reassures that statement. On November 24, 2021, Peloton Interactive Inc , known for its interactive exercise bike, sued Lululemon Athletica Inc.

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Patent Intellectual Property Law Designs Design 106

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.

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Designs Design Copyright Design Patent 57

Kluwer Copyright Blog

FEBRUARY 22, 2023

Photo by Christian Wiediger from Unsplash The implementation transposition of the Copyright Directive 2019/790 (DSMD) in the summer of 2021 represented probably the greatest reform in German copyright law since the German Copyright Act (UrhG) came into force. Germany’s implementation of Art. Germany’s implementation of Art.

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Copyright Law Copyright Law Contracts 52

Trading Secrets

DECEMBER 21, 2021

Throughout 2021, our dedicated Trade Secrets, Computer Fraud & Non-Competes Practice Group hosted a series of CLE webinars that addressed significant trade secret and restrictive covenant issues facing clients today. Overview of Non-Compete Legislation and Enforcement Issues from 2021. View the Recording.

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Confidentiality Law Contracts Business 69

Fish & Richardson Trademark & Copyright Thoughts

MAY 4, 2022

Fish Principals Craig Deutsch , Jennifer Huang , and Grace Kim , discuss challenging design patents at the PTAB in their Law360 Expert Analysis article. PDF copy available. As an initial matter, design patent trials at the PTAB are relatively rare. The numbers can partly be explained by the nature of design patents.

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Design Patent Designs Design Patent 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.

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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

Fish & Richardson Trademark & Copyright Thoughts

MARCH 11, 2022

After a relatively busy 2020 in which the Patent Trial and Appeal Board (PTAB) designated over a dozen opinions as either precedential or informative, the PTAB did not designate a single opinion as precedential or informative during the 2021 calendar year. PDF copy available.

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LexBlog IP

DECEMBER 21, 2021

Throughout 2021, our dedicated Trade Secrets, Computer Fraud & Non-Competes Practice Group hosted a series of CLE webinars that addressed significant trade secret and restrictive covenant issues facing clients today. Overview of Non-Compete Legislation and Enforcement Issues from 2021. View the Recording.

Confidentiality 52

Confidentiality Law Contracts Business 52

SpicyIP

SEPTEMBER 6, 2021

& Anr passed an interim injunction in favour of the plaintiff restraining the defendants and its associates from using in any manner the trademark RAJDHANI or any other trademark which is deceptively similar to the trademark of the plaintiff [September 1, 2021]. Delhi High Court entrance. . & Delhi High Court in Dassault Systems v.

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IP and Legal Filings

SEPTEMBER 17, 2021

Fashion, in 2021, has evolved to become a form of art that acts as a vehicle for cultural commentary and is not just merely restricted to the process of manufacturing apparel. Fashion designers and artists showcase their creative genius through conceptual fashion shows and apparel collections. The intersection of fashion and IPR.

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Designs Design Artistic Work Technology 69

LexBlog IP

AUGUST 19, 2021

Gamon Plus, Inc. , [2020-2344, 2021-1019] (August 19, 2021), the Federal Circuit reversed the PTAB determination that U.S. Design Patent Nos. The ’646 and ’645 patents, which each claim “[t]he ornamental design for a gravity feed dispenser display, as shown and described. Design Patent No.

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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.

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The IPKat

DECEMBER 29, 2021

Section 4 of the report refers to detentions at the EU border and is based on data uploaded into DG TAXUD’s COPIS (the EU-wide anti- Co unterfeit and anti- Pi racy information S ystem) by the customs authorities of all the Member States. In this regard, the most infringed right was trademarks , followed by designs , copyright and patents.

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