Kluwer Copyright Blog

APRIL 12, 2023

This post is based in part on the Position Statement of the Max Planck Institute for Innovation and Competition of 23 January 2023 on the ‘Design Package’, but expresses the authors’ own personal views. Third, the (now even more pronounced) detachment of design and product and what this means for a theoretical approach to cumulation.

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Kluwer Copyright Blog

FEBRUARY 8, 2024

This choice may be influenced by the design of the product, the cost of repair or available repairers. One of these measures is the proposal to amend the Design Directive by including a specific repair clause for design protection. Design rights provide protection to the appearance of a (part of a) product.

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Technology & Marketing Law Blog

AUGUST 29, 2022

That’s a long prelude to explaining how my “summer 2022” really dates back to November 2021 and won’t end until January. Nevertheless, as the semester has already started at Santa Clara Law, I’ll do my rundown of my 2022 outputs-to-date anyway. Books and Academic Articles. NetChoice LLC v.

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Editing Social Media Blogging Advertising 88

The IPKat

APRIL 9, 2024

Is it an infringement of a person’s own personality/image rights to say that a shoe was designed for that person (and that fact is true)? The rationale of protection is rooted within the right to own’s own identity (Articles 2 and 22 of the Italian Constitution and 8 of the EU Charter ). The shoes in question? Not an infringement.

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Personality Rights Designs Design Publishing 82

LexBlog IP

SEPTEMBER 25, 2023

Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the law on comparison prior art in design patent cases. 15, 2023) , the Federal Circuit provided guidance on the types of prior art that can be reviewed by courts and juries in the comparative prior art stage of the infringement analysis of design patent cases.

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Patently-O

APRIL 27, 2022

In December 2020, the USPTO put out a request for comments on “The Article of Manufacture Requirement.” (For Last week, at Design Day 2022, the USPTO announced that it had completed its summary of those comments. But projected designs aren’t new. Projected designs are simply not some new, unforeseen concept.

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JD Supra Law

NOVEMBER 7, 2022

Kilpatrick Townsend’s Babak Kusha recently spoke at the Federal Bar Association’s IP Law Fall Conference 2022 on the topic of “Design Patents for Patent Professionals.” Please see full article below for more information. By: Kilpatrick Townsend & Stockton LLP

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IP Watchdog

NOVEMBER 14, 2023

The United States Patent and Trademark Office (USPTO) issued its one millionth design patent on September 26, 2023. D1,000,000 claims the ornamental design for a dispensing comb. This milestone comes during a particularly prolific period for design patents.

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Design Patent Designs Design Patent 57

LexBlog IP

JUNE 29, 2023

I am excited to announce the publication of the American Intellectual Property Law Association (AIPLA) ’s article on “ IP Aspects of Augmented Reality and Virtual Reality Technologies.” The article can be found here and was published as part of the AIPLA’s INNOVATE Magazine.

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Non-Fungible Tokens Technology Intellectual Property Intellectual Property Law 52

Technology & Marketing Law Blog

JANUARY 3, 2023

” However, Wallshoppe does not allege Defendant knew of the specific acts of infringement at issue here—Sienna Lewis selling products featuring the Palm Design on Defendant’s website. .'” 2022 WL 16555584 (S.D.N.Y. The focus of the article is Ms. Grande Communications Networks LLC (November 3, 2022).

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Copyright Social Media Copyright Infringement Publishing 92

The IPKat

DECEMBER 21, 2021

While awaiting for the new EU Design Directive (expected in 2022 ), this Kat decided to look back at one of the current Directive’s most discussed provisions: functional designs. Is this ribbon functional or aesthetic? Under art. 7 (1) of Directive 98/71/EC (and equivalent art. Under art.

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Designs Design Law Art 127

Plagiarism Today

AUGUST 4, 2022

link] #CallofDutyVanguard #COD #Vanguard @Activision pic.twitter.com/OD2M4WNUms — saillin (@saillin5) July 29, 2022. The post Activision Accused of Plagiarism in Upcoming Dog Operator Design appeared first on Plagiarism Today. I have to explain this matter, COD Vanguard Samoye skin plagiarism.

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Plagiarism Designs Design Copying 216

JD Supra Law

SEPTEMBER 22, 2023

DIVX, LLC [OPINION] (2022-1138, 9/11/2023) (Hughes, Stoll, and Stark) - Stoll, J. Precedential and Key Federal Circuit Opinions - NETFLIX, INC. The Court vacated the Board’s finding that an asserted prior art reference fails to qualify as analogous art.

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Art Design Patent Patent Infringement Designs 68

The IPKat

MAY 13, 2024

On 14 January 2022, the Opposition Division of the European Union Intellectual Property Office (‘EUIPO’) rejected the opposition on the basis of a likelihood of confusion (decision here ) because of the very low degree of visual and aural similarity of the signs. 000015628 , International Registration designating the EU no.

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Art Designs Design Law 106

IPilogue

MAY 20, 2022

The deadline to apply for an IPJ Student Editor position has been extended to May 31, 2022 at 4 PM. Founded in 1984, the Intellectual Property Journal (IPJ) covers matters relating to all aspects of Intellectual Property such as patents, trademarks, copyright, designs, trade secrets, and related areas such as privacy. 1-2 hrs per week.

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Intellectual Property Journalism Editing Privacy 81

43(B)log

AUGUST 5, 2022

CV-21-00228-TUC-SHR, 2022 WL 3098042 (D. 4, 2022) Frequent IP claimant Lisa Frank is in court this time over a failed deal with a vegan cosmetics company, whose contract aspects I will ignore. published an article about LFI’s collaboration with Morphe; LFI’s statements therein are the subject of Lanham Act claims. Insider Inc.

Advertising 59

Advertising Advertising False Advertising Contracts 59

IPilogue

APRIL 29, 2022

Founded in 1984, the Intellectual Property Journal (IPJ) covers matters relating to all aspects of Intellectual Property such as patents, trademarks, copyright, designs, trade secrets, and related areas such as privacy. The IPJ contains articles, opinions, book reviews, case commentaries and writings on legal developments around the world.

Intellectual Property 81

Intellectual Property Journalism Editing Privacy 81

SpicyIP

FEBRUARY 24, 2022

We’re pleased to inform you that Centre for Intellectual Property Studies, National Law University, Jodhpur is is inviting submissions from law students for the ‘NLUJ CIPS Inter College IP Research Essay Writing Competition, 2022’ on the theme ‘“IP and Youth: Innovating for a better future’. Third Prize: Rs.

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IP Intellectual Property Moral Rights Blogging 129

LexBlog IP

MARCH 8, 2022

TUESDAY, MARCH 8, 2022. In this article, we highlight several interesting US patents recently issued by the USPTO. Ferrari was issued a new design patent D945,320 titled, “Car, Toy Car Replica And/Or Other Replica.” About Design Patents. important;}.thegem-template-wrapper.wpb_wrapper.thegem-custom-6227f19f37b0b9390{flex-wrap:

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Design Patent Patent Intellectual Property Designs 52

The IPKat

NOVEMBER 28, 2023

Prior to the appeal being heard, the Rapporteur also intervened raising issues of distinctiveness for the purposes of Article 7(1)(b) of the European Union Trademark Regulations (EUTMR), arguing that a collective mark which featured the same sign as one required by a PDO did perform the essential function of a trade mark.

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Designs Design Trademark Trademark Law 70

IPilogue

JULY 20, 2022

Alexandra Mogyoros , Assistant Professor at Lincoln Alexander School of Law at Toronto Metropolitan University, is also joining the ranks as a book review editor.? The IPJ is Canada’s leading peer-reviewed journal with a focus on IP law related areas such as patents, trademarks, copyright, designs, trade secrets and competitive torts.

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Intellectual Property Journalism IP Designs 119

IP Watchdog

FEBRUARY 13, 2023

Patent and Trademark Office (USPTO) Director Kathi Vidal designated as precedential an August 2022 decision of the Patent Trial and Appeal Board (PTAB) denying an inter partes review (IPR) petition due to the “conclusory statements” of the petitioner’s declarant. On Friday, February 10, U.S.

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Designs Design Patent Trademark 80

The IPKat

FEBRUARY 10, 2022

On 16 November 2021, the China National Intellectual Property Administration (CNIPA), through Announcement No 462 , released the Guidelines for Trade Mark Examination and Trial (the Guidelines 2022, accessible here ; for now, they are only in Chinese). As Announcement No. As Announcement No.

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Registration Intellectual Property Law Designs 80

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. Wolly & Co.

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The IPKat

MARCH 4, 2024

by Spyridon Sipetas Le sac Swoosh - Instagram (@Jacquemus) On February 26, Jacquemus and Nike revealed their latest collaborative piece, ‘Le sac Swoosh’ (or ‘The Swoosh bag’), teasing their upcoming Spring/Summer 2024 collection, in the context of their partnership, dating back to 2022.

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The IPKat

DECEMBER 23, 2022

Remember the infamous case(s) "ICELAND" for which the EUIPO opened its doors with the first oral hearing before the Grand Board of the EUIPO – back in September 2022? The cancellation action was upheld by the Cancellation Division of the EUIPO by decision only on the basis of Article 7(1)(c) EUTMR.

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Designs Design Registration Government 52

LexBlog IP

JUNE 2, 2022

Protecting the Product ’s Editor-in-Chief James Aquilina and regular contributor Joseph Ambrose will each teach sessions at the American Intellectual Property Law Association’s “Design Rights Boot Camp” on June 23-24, 2022, in Arlington, Virginia. Protecting Designs in the Virtual World. James Aquilina.

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Designs Design Intellectual Property Intellectual Property Law 40

43(B)log

JULY 3, 2023

Zuluaga told a designer to look at Industria’s website when creating Latinfood’s packaging designs for Zenú and Ranchera and brought one of Industria’s Ranchera labels to the designer’s office. Latinfood won summary judgment on the claim under Article 7, whose sole remedy is to grant priority.

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The IPKat

FEBRUARY 12, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams , PhD researcher in the fields of copyright and dispute system design at the University of Antwerp, regarding Nigeria's Copyright Act 2022 (which came into effect in 2023) and its constitutional reference to copyright as movable property.

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Kluwer Copyright Blog

MARCH 14, 2024

Photo by Christian Wiediger from Unsplash This article continues the tradition of reporting on the copyright case law of the German Bundesgerichtshof, the highest German civil court for copyright matters (Federal Court of Justice – “BGH”). This article is divided into two parts.

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Law Music Copyright Art 64

IPilogue

JULY 26, 2021

The IPJ is Canada’s leading peer-reviewed journal with a focus on IP law related areas such as patents, trademarks, copyright, designs, trade secrets and competitive torts. IPJ accepts article submissions on an ongoing basis. If you’re interested in submitting an article to the IPJ, please email us at ipjsubmissions@gmail.com.

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Intellectual Property Journalism IP Designs 106

Kluwer Copyright Blog

MARCH 18, 2024

In the new DSM Copyright Directive (Directive 2019/790/EU – DSMCD), these provisions served, among other things, as models for Article 18 of the DSMCD (Section 32 UrhG) and Article 20 of the DSMCD (Section 32a UrhG). The UrhDaG is the implementation of Article 17 DSMCD. In the course of the reform implementing Art.

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Law Copyright Law Copyright Contracts 64

LexBlog IP

MARCH 16, 2022

TUESDAY, MARCH 15, 2022. In this article, we highlight several interesting US patents recently issued by the USPTO. Earbuds in particular often fall short of a design that fits comfortably within an ear of a user while achieving a high level of audio content delivery. Interesting Patents | MARCH 8, 2022. important;}.thegem-template-wrapper.wpb_wrapper.thegem-custom-6232dae73f2a18232{flex-wrap:

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Fish & Richardson Trademark & Copyright Thoughts

JUNE 15, 2022

In December 2020, the Board designated as precedential Sotera Wireless, Inc. This article provides a brief review of the Sotera decision and examines how prior art stipulations have been used by practitioners to date. 25 [link] (“Glass and Adickman article,” last accessed June 7, 2022). Masimo Corporation.

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Art Journalism IP Litigation 88

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. While most of Crocs’ lawsuits are in the US, the battles have also crossed the border into Canada, such as Crocs’ October 21, 2022 victory in Crocs Canada, Inc.

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Intellectual Property Designs Design Design Patent 105

LexBlog IP

APRIL 12, 2022

TUESDAY, APRIL 12, 2022. In this article, we highlight several interesting US patents recently issued by the USPTO. This would appear to be the design patent for the Ferrari 2020 F8 Tributo, a mid-engine V8 released in May of 2020. Interesting Patents | MARCH 15, 2022. Interesting Patents | MARCH 15, 2022.

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Patent Invention Intellectual Property Technology 52

Patently-O

NOVEMBER 21, 2023

17, 2023) Last week, the USPTO released a document entitled “Supplemental Guidance for Examination of Design Patent Applications Related to Computer-Generated Electronic Images, Including Computer-Generated Icons and Graphical User Interfaces.” The statutory subject matter provision for design patents, 35 U.S.C. § 11380, 11381–82.

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