The IPKat

NOVEMBER 30, 2022

On November 29, 2022, the European Commission published the long-awaited proposals for a revised Regulation and revised Directive on designs. New definitions for “design” and “product” (Art. 3 Draft Regulation) Draft Directive and Draft Regulation suggest a new definition for “design” and “product”, respectively.

Designs 134

Designs Design Publishing Art 134

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. Registration of a Mask Work. Id, section 1206.

Registration 40

Registration Designs Design Copying 40

LexBlog IP

APRIL 6, 2022

Design patents, sometimes referred to as industrial designs, protect the aesthetic appearance of a product. In other words, unless international or regional treaties are available, a grant of design rights has to be obtained individually in each country of interest. On 5 th May 2022 , China becomes a member of the Hague System.

Designs 52

Designs Design Intellectual Property Registration 52

LexBlog IP

DECEMBER 2, 2022

The Trademark Trial and Appeal Board (“TTAB”) found that there was no likelihood of confusion between the “SMOKES & Design” mark owned by Fancy Pants Products, LLC (“Applicant”), generally used in connection with cannabis products, and the “SMOK” mark owned by Shenzhen IVPS Technology Co. 31, 2022). Shenzhen IVPS Tech.

Designs 40

Designs Design Registration Copying 40

The TTABlog

JANUARY 8, 2024

The TTAB has re-designated as precedential its September 2022 opinion in this cancellation proceeding. The Board granted a petition for cancellation of a registration for the mark CAPTAIN CANNABIS for comic books, on the ground of likelihood of confusion with Petitioner Laverne J. Welch 2022, 2024. Andrusiek v.

Registration 73

Registration Trademark Social Media Designs 73

LexBlog IP

DECEMBER 26, 2023

Keep in mind the generators are trained on existing material, including things that are protected by copyright and trademark law and registration and patents. Well, they’re right, I can apply, but registration surely won’t be granted. That doesn’t mean you’re in the clear for ownership and registration, however.

Designs 52

Designs Design Trademark Copyright 52

LexBlog IP

MAY 25, 2022

What if you were unaware that you made some mistakes in the copyright application and the copyright application issued into a copyright registration? You subsequently find that someone is infringing your copyright registration and you file a lawsuit against them for copyright infringement. Is your copyright registration invalid?

Registration 52

Registration Copyright Copyright Infringement Publishing 52

43(B)log

JANUARY 13, 2023

Wolf Designs LLC v. Five 18 Designs LLC, F.Supp.3d 3d -, 2022 WL 10551564, No. 18, 2022) Wolf designs and installs “vehicle wraps,” large vinyl graphics or decals applied to car bodies. Copyright: Three of Wolf’s customers allegedly opted to hire Five 18 to install vehicle wraps featuring designs Wolf owned.

False Advertising 72

False Advertising Advertising Advertising Registration 72

Kluwer Copyright Blog

APRIL 13, 2023

In this edition, we report on an AG Opinion that came out late in 2022 and update you on what has happened in the first trimester of 2023 in EU copyright law. 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.

Copyright Law 74

Copyright Law Law Copyright Copying 74

The IPKat

JANUARY 27, 2022

Even a mark that has been on the International Registry for 40 years does not assure registration of a subsequent national designation. On 12 January 2022, the Lithuanian Supreme Court upheld the rejection of the Lithuanian designation of Chanel SARL’s two-dimensional trademark (see below) in Class 3 for perfumery products.

Trademark 138

Trademark Registration Marketing Marketing 138

Kluwer Copyright Blog

JULY 7, 2022

Welcome to the second trimester of the 2022 round up of EU copyright law! On 26 April 2022, the CJEU finally derlivered its judgment, the main focus of which was the Polish challenge of Article 17 of the CDSM Directive. Many Member States missed the deadline, so in May 2022 the Commission issued reasoned opinions to 13 of them.

Copyright Law 52

Copyright Law Copyright Law Publishing 52

The TTABlog

MAY 29, 2024

Brunetti , 2022 WL 3644733, at *19." Applicant made a number of additional arguments in an attempt to overcome the Office's evidfence, pointing to third-party references to A S LIVE FOREVER as a brand and to purported copying by infringers.

Service Mark 116

Service Mark Branding Brands Branding 116

The TTABlog

FEBRUARY 10, 2022

Relying on Applicant's own advertising touting the design of its knife blade and its ease of manufacture (yielding lower cost), the Board affirmed Examining Attorney Caroline L. Moran's Section 2(e)(5) functionality refusal of the design of a "serration pattern" on the blade of a knife (shown below). See TTABlog comment below. -

Design Patent 89

Design Patent Advertising Advertising Designs 89

43(B)log

JANUARY 18, 2022

DAMM, LLC, 2022 WL 136914, No. WRB has an incontestable registration for “Hammer-Schlagen” and a registration for the trade dress of its stump, cross-peen hammer, and nails: specifically, “a three-dimensional configuration. DAMM has a registration for “Minneschlagen.” 21-CV-1899 (NEB/TNL) (D.

Registration 45

Registration Ownership Social Media Marketing 45

The IPKat

SEPTEMBER 22, 2023

The authors noted that the need to amend the Copyright Act was necessitated by the digitalization of copying and sharing of data which inevitably impacts on copyright law. The book analyzed the new Copyright Act 2022 and highlighted the novel provisions therein.

Intellectual Property Law 80

Intellectual Property Law Intellectual Property Law Registration 80

The IPKat

MAY 5, 2023

A recent dispute in Nigeria over trade mark registration and possible proprietorship over a movie title and a title character has brought to the fore questions regarding the processes and procedures at the Trade Mark Registry and whether movie titles and title characters without more should be registrable as trade marks in Nigeria.

Registration 121

Registration Ownership Copyright Trademark 121

BYU Copyright Blog

FEBRUARY 23, 2023

In April 2022, Kev & Cooper LLC ("Kev & Cooper") filed a lawsuit against Gladwell LLC ("Gladwell") in the United States District Court for the District of New Jersey, alleging that Gladwell had created and sold educational rugs that were copies of Kev & Cooper's copyrighted designs. We will provide updates going forward.

Copyright 52

Copyright Intellectual Property Ownership Designs 52

Olartemoure Blog

SEPTEMBER 27, 2022

The virtual universe Decentraland hosted in March 2022, the first Metaverse Fashion Week which was a success, as it featured more than 70 brands, artists and designers. As a result, the brands are becoming more vulnerable of being copied and exploited by others. Patent and Trademark Office (USPTO).

Branding 98

Branding Brands Branding Non-Fungible Tokens 98

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. The IPKat has once again compiled some of them for you. In 2021, there was a 14.4%

Blogging 52

Blogging IP Copying Copyright 52

43(B)log

JULY 20, 2022

Stubenrauch, 2022 WL 2793579, No. 15, 2022) The parties in this case are former business associates, which is one reason there are so many different claims. Chiusa has a copyright registration for the website obtained during this dispute. There’s a similar copyright registration for this site. 3:21-cv-00545 (M.D.

False Advertising 72

False Advertising Ownership Registration Designs 72

SpicyIP

JANUARY 23, 2023

Delhi High Court sets aside the cryptic order passed by the Respondent, directs to consider the matter afresh Case: Alfred Von Schukmann vs The Controller General Of Patent, Designs and Trademarks and Ors. The Defendant argued that the suit design was published prior to the date of registration under a different trade name.

Designs 105

Designs Design Invention Registration 105

The TTABlog

APRIL 28, 2022

The Board dismissed Kate Spade LLC's opposition to registration of the mark WOLV & Design (shown below left) for watches, finding the mark to be too dissimilar to the KATE SPADE word mark and the "spade logo" mark (below right) to support opposer's Section 2(d) likelihood-of-confusion and its Section 43(c) dilution-by-blurring claims.

Designs 68

Designs Design Social Media Registration 68

TorrentFreak

JANUARY 23, 2023

FIFA World Cup 2022 got underway on November 20 in Qatar, and in the hours leading up to December 10, Homeland Security Investigations began seizing pirate streaming site domains. Submitted by HSI Special Agent Jones under two different case numbers, the affidavits carry the signature of Judge Maddox dated December 16, 2022.

Reporting 121

Reporting Copying Copyright Government 121

LexBlog IP

JANUARY 18, 2023

Such notices or process may be served upon the person so designated by leaving with that person or mailing to that person a copy thereof at the address specified in the last designation so filed. Under Section 1051(e) of the Lanham Act, 15 U.S.C. In a recent case of San Antonio Winery, Inc. Jiaxing Micarose Trade Co.,

Trademark 52

Trademark Registration Designs Design 52

The TTABlog

JANUARY 24, 2022

In a 51-page opinion, the Board affirmed a refusal to register the product configuration shown below, for "handbags," finding the design to be generic and, alternatively, lacking in acquired distinctiveness: "Handbags embodying the proposed mark are so common in the industry that such product design is not capable of indicating source and.

Designs 52

Designs Design Registration Music 52

Technology & Marketing Law Blog

MARCH 6, 2022

” With respect to whether Babybus’ baby character infringed Moonbug’s baby, Babybus claimed that the alleged copying related to generic features found in nature. . 2022 WL 580788 (N.D. HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. Prior Posts on Section 512(f). *

Fair Use 97

Fair Use Cease and Desist Copying Copyright Infringement 97

LexBlog IP

DECEMBER 14, 2022

In addition to the standard registrability assessment conducted by IP Australia (which applies to all standard Australian trade mark applications), applications for certification trademarks also require the approval of the Australian Competition and Consumer Commission before they may proceed to registration.

Registration 52

Registration Branding Brands Branding 52

43(B)log

FEBRUARY 19, 2022

But trademark law elsewhere extends far past product/service names to things like a building’s layout, slogans, uniforms, and other aspects of the “product” itself; indeed, the PTO has granted registration for NKJV for Bibles, referring to the New King James Version. Look at the age of registrations and whether they’re incontestable.

Trademark Law 72

Trademark Law Trademark Art Branding 72

TorrentFreak

JANUARY 10, 2022

Following a hearing that took place January 3, 2022, last Friday Judge Mark C. In line with the studios’ request, Judge Scarsi granted a preliminary injunction designed to prevent PrimeWire from continuing to infringe the plaintiffs’ rights. to any other registrant or registrar. or primewire.vc

Copyright Infringement 144

Copyright Infringement Copying Copyright Branding 144

LexBlog IP

DECEMBER 23, 2021

Patent and Trademark Office (USPTO) director, may petition to cancel (in whole or in part) a registration on the basis that the mark was never used in commerce (expungement) or was not in use in commerce as of a particular date (reexamination). The filing fee for each of these proceedings is $400 per class.

Trademark 52

Trademark Registration Registering Trademarks Ownership 52

IP Intelligence

DECEMBER 23, 2021

Patent and Trademark Office (USPTO) director, may petition to cancel (in whole or in part) a registration on the basis that the mark was never used in commerce (expungement) or was not in use in commerce as of a particular date (reexamination). The filing fee for each of these proceedings is $400 per class.

Trademark 52

Trademark Registration Registering Trademarks Ownership 52

The IPKat

MAY 2, 2023

Background The dispute took off in 2022, when Lidl accused Tesco of trade mark and copyright infringement coupled together with an alleged claim of passing off. Copyright The Court also established that Lidl’s mark was protected by copyright as an original artistic work under Section 4 of the Copyright, Designs and Patents Act 1988.

Artistic Work 91

Artistic Work Registration Copyright Copyright Infringement 91

Technology & Marketing Law Blog

MARCH 15, 2022

Fuxi, the putative copyright owner, has a registration for an image of printed sage leaves (the left image): The alleged infringer, the Sunny Factory, sells the candles on the right on Amazon. That’s by design–the DMCA was designed to resolve matters outside of court. Chen , 2022 WL 742429 (N.D. Babybus. *

Copyright 128

Copyright Fair Use Cease and Desist Litigation 128

43(B)log

JULY 3, 2023

Industria has never had a registration for Ranchera; its application was opposed by an unrelated third party and has been suspended; a prior registration for Zenú was cancelled and Industria never sold any Zenú or Ranchera products in the United States when it owned that registered trademark.

False Advertising 59

False Advertising Advertising Advertising Registration 59

The IPKat

APRIL 19, 2023

If a new user re-registers a name whose registration is expired, a new token is created. However, and beyond the fact that the registration is expired, any name maintains in the blockchain its own history. McCoy’s registration on the Namecoin blockchain expired In January 2015. are applicable to it. are applicable to it.

Non-Fungible Tokens 120

Non-Fungible Tokens Artwork Contracts Art 120

SpicyIP

NOVEMBER 15, 2022

13 [Submissions by December 30, 2022]. vs Hari Ram And Sons on 2 November, 2022 (Delhi High Court). Khodays Breweries Private vs House Of Khodays Private on 3 November, 2022 (Bangalore District Court). M/s Prataap Snacks Limited vs Chaudhary Food Products on 5 November, 2022 (Delhi District Court). Image from here.

Trademark 105

Trademark Patent Copyright Designs 105

SpicyIP

JULY 22, 2023

It states that the current IP regime poses problems in the context of generic computer programs because of the way the algorithms are designed and trained using large data sets. National Internet Exchange India , where the court suggested using AI to prevent registration of identical and deceptively similar marks (page 6).

IP 98

IP Intellectual Property Reporting Government 98