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.

Designs 73

Designs Design IP Art 73

SpicyIP

JUNE 26, 2022

The Finished Article: Essays on Indian Designs Law. I am delighted to take this opportunity to share with the SpicyIP community the release of my book, The Finished Article: Essays on Indian Designs Law (Thomson Reuters, 2022, ISBN-13: 978-9393702173). Eashan Ghosh. Both have historically been the site of some confusion.

Designs 133

Designs Design Law Intellectual Property 133

JD Supra Law

JANUARY 31, 2022

Last month, the Pantone Color Institute extended its influence on consumer tastes and designs by naming “Very Peri” as its Color of the Year for 2022. Rather than selecting a color from its existing and extensive palette, the institute created an entirely new hue for its annual pick. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

Marketing 52

Marketing Marketing Designs Design 52

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.

Designs 52

Designs Design Copyright Copyright Law 52

Kluwer Copyright Blog

OCTOBER 3, 2022

Welcome to the third trimester of the 2022 round up of EU copyright law! On 8 September 2022, the CJEU issued its judgment in RTL Television. On 22 September 2022, the AG Szpunar issued his opinion in the AKM case on the interpretation of communication to the public by a satellite. Photo by Markus Spiske on Unsplash.

Copyright Law 114

Copyright Law Copyright Law Music 114

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. Regulation of Political Advertising (2022 Edition).

Editing 88

Editing Social Media Blogging Advertising 88

LexBlog IP

JANUARY 9, 2023

On 28 November 2022, the European Commission adopted proposals for a revised Regulation and Directive on industrial designs. The proposals, that are now sent to the European Parliament and Council for adoption, are aimed at modernizing the EU design system and the harmonized national design protection laws.

Designs 52

Designs Design Registration Blogging 52

The IPKat

JANUARY 31, 2022

The UK Intellectual Property Office (IPO) is carrying out a Call for Views as part of a review of the designs system to make sure it remains fit for the future. The deadline to respond to the call is 25 March 2022. Designers’ experience of enforcing their rights and changes they would like to see.

Designs 91

Designs Design Intellectual Property IP 91

JD Supra Law

MAY 31, 2022

In the past week, the USPTO has implemented two new policies designed to better address how applicants and law firms work in 2022.

Marketing 52

Marketing Marketing Business Designs 52

JD Supra Law

DECEMBER 2, 2022

The Trademark Trial and Appeal Board’s recently issued precedential decision dismissing an opposition alleging a likelihood of confusion between the registered mark SMOK and a pending application for the mark SMOKES and Design (below) presents a number of interesting priority issues, including: 1) priority as it uniquely impacts applications for marks (..)

Marketing 52

Marketing Marketing Designs Design 52

The TTABlog

JANUARY 2, 2023

36: TTAB Sustains Section 2(c) Opposition to DANA DESIGN Due to Lack of Consent Updated TTABlog Collection of Section 2(a) False Connection Cases Section 2(c) - consent of living individual Precedential No. 36: TTAB Sustains Section 2(c) Opposition to DANA DESIGN Due to Lack of Consent Section 2(d) - likelihood of confusion: Precedential No.

Designs 70

Designs Design Television Ownership 70

LexBlog IP

SEPTEMBER 18, 2023

Dubai’s luxury real estate market has witnessed a remarkable boom, attracting investors and high-net-worth individuals from all corners of the world. This requirement ensures transparency, accountability, and legal recognition of property transactions in the luxury real estate market. Article 3 of Dubai Law No.

Marketing 52

Marketing Marketing Due Diligence Registration 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. Grande Communications Networks LLC (November 3, 2022). 2022 WL 17430309 (9th Cir.

Copyright 92

Copyright Social Media Copyright Infringement Publishing 92

The TTABlog

DECEMBER 13, 2022

District Court for the Eastern District of Virginia upheld the TTAB's decision [ TTABlogged here ] affirming a refusal to register certain features of Timberland's boot design on the ground that the proposed mark for "footwear, namely, lace-up boots" lacked acquired distinctiveness. December 8, 2022). Welch 2022. l:21CV681 (E.D.

Designs 96

Designs Design Advertising Advertising 96

The IPKat

APRIL 26, 2023

A Registered Community Design (‘RCD’) enjoys protection only if it is new and has individual character vis-à-vis designs disclosed prior to its filing or priority date ( Art. 4(1), 7 of Regulation 6/2002 , ‘Design Regulation’). 7(1) Design Regulation ). 7(1) Design Regulation ). 6 of Directive 2005/29/EC.

Designs 76

Designs Design Art Intellectual Property 76

The TTABlog

OCTOBER 6, 2022

19: TTAB Affirms Section 2(b) Refusals of Orange County "Unofficial" Insignia Section 2(d) - Likelihood of Confusion: TTABlog Test: Is "MOXIE SCRUBS" & Design Confusable with "MOXIE" for Clothing? [No] TTABlog Test: Is HI-FI Confusable With HIGH FIDELITY for Overlapping Marketing Services ? No] TTABlog Test: (No WYHAs Here!)

Service Mark 82

Service Mark Designs Design Ownership 82

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.” All of Peloton’s marketing materials that mention the term ‘Bike+’ are also branded with the [Peloton] mark.” He wasn’t aware of any in-app sales since the launch.

Marketing 59

Marketing Marketing Trademark Branding 59

U.S. Department of Commerce

NOVEMBER 28, 2022

Breaking Ground in Design: MBDA Helps Support New Indigenous Projects. November 28, 2022. Mon, 11/28/2022 - 12:14. The services provided by the project were especially helpful to Tamara Begay, President of Indigenous Design Studio and Architecture (IDS+A). KCPullen@doc.gov. Minority business growth.

Designs 75

Designs Design Business Marketing 75

JD Supra Law

JULY 28, 2022

Patent and Trademark Office’s Trademark Trial and Appeal Board affirmed the refusal to register Jasmin Larian, LLC’s handbag design mark for “handbags” in Class 18, on the grounds that the mark is either generic or comprises a nondistinctive product design under Sections 1, 2, and 4 of the Trademark Act. 87522459 (January 19, 2022).

Marketing 52

Marketing Marketing Designs Design 52

The TTABlog

JUNE 29, 2022

Bee) has scheduled five (5) oral hearings for the month of July 2022. July 7, 2022 - 1 PM: In re Di-Namic Records , Serial No. July 7, 2022 - 1 PM: In re Di-Namic Records , Serial No. July 12, 2022 - 1 PM: In re Responsiveads, Inc. July 13, 2022 - 10 AM: New Enchantment, LLC v. July 14, 2022 - 11 AM: In re C.E.

Music 57

Music Registration Advertising Advertising 57

Technology & Marketing Law Blog

JANUARY 7, 2023

They say: “techno-libertarian (or even just plain old libertarian) ideas about free markets and information freedom play a surprisingly small role in the public discourse, despite the technology corporations’ relentless emphasis on them. State, 2022 WL 10224790 (Tex. Google LLC, 2022 WL 3018062 (N.D. Content Moderation.

Social Media 75

Social Media Marketing Marketing Technology 75

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.

Designs 67

Designs Design Art Marketing 67

U.S. Department of Commerce

OCTOBER 11, 2022

Hispanic Inventors and Entrepreneurs Bring New Technologies to Market. October 11, 2022. Tue, 10/11/2022 - 09:47. in non-dilutive and venture capital to bring Sylvee to market. Learn more about Hispanic inventors and entrepreneurs at the 2022 Hispanic Innovation and Entrepreneurship Program on Oct 12.

Inventor 84

Inventor Technology Marketing Marketing 84

Patently-O

OCTOBER 18, 2022

Earlier in 2022, the USPTO made some minor expansions to the criteria for registering as a patent attorney, but this new proposal offers the possibility of a broader inclusive market and a mechanism for the Office to regularly update eligibility criteria. Comments should be submitted by Jan 17, 2023 via the eRulemaking Portal.

Design Patent 56

Design Patent Designs Design Litigation 56

The TTABlog

SEPTEMBER 13, 2022

88905094 and 88905116 (September 9, 2022) [not precedential] (Opinion by Judge Melanye K. Welch 2022. The Board found the services to be overlapping, but what about the marks? The Board found the services to be overlapping, but what about the marks? How do you think this appeal came out? In re HIFI Brands, LLC , Serial Nos.

Marketing 70

Marketing Marketing Graphic Design Branding 70

JD Supra Law

FEBRUARY 1, 2022

And in a recent win before the TTAB, SPOTIFY wielded this fame to successfully oppose registration of the mark POTIFY (and POTIFY and Design) for software, search and networking services, and merchandise, all related to medical marijuana dispensaries. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

Marketing 52

Marketing Marketing Music Registration 52

LexBlog IP

MARCH 8, 2022

TUESDAY, 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.

Design Patent 52

Design Patent Patent Intellectual Property Designs 52

Patently-O

NOVEMBER 21, 2022

The SoClean device has a compact filter that should be replaced every six-months–creating a nice subscription market. However, instead of barring Sunset from selling its competing products, it prohibited Sunset marketing or advertising its filter in any bare form. Sunset Healthcare Solutions ( Fed. is a Sunset brand filter.”

Designs 73

Designs Design Registration Trademark 73

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 4, 2023

The update for December 2022 summarizes three patent decisions that issued from the Western District of Texas. 6:21-CV-00570-ADA, 2022 WL 17420391 (W.D. 4, 2022) – granting transfer to Western District of Washington. 6:22-CV-00077-ADA, 2022 WL 17945398 (W.D. 6:21-CV-01230-ADA, 2022 WL 17815126 (W.D. Patent Nos.

Litigation 77

Litigation Patent Designs Design 77

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

Technology & Marketing Law Blog

DECEMBER 5, 2022

Case Citation : Digital Marketing Advisors v. McCandless Group, LLC, 2022 WL 17403067 (C.D. HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. The post 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. Prior Posts on Section 512(f). MGA Entertainment.

Marketing 74

Marketing Marketing Cease and Desist Fair Use 74

IP Tech Blog

FEBRUARY 10, 2022

. In June 2021 the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever provisions on administrative injunctions against the infringement of a design patents, including online infringements. were finally approved on December 1, 2021, and just took effect on January 1, 2022.

Designs 62

Designs Design Intellectual Property Design Patent 62

IP and Legal Filings

OCTOBER 23, 2023

These E-commerce platforms make it simple to access consumer goods from a computer or smart phone, but they also, by their very nature, make it simple for counterfeiters to market their counterfeit goods. In the year 2017 the market value of the E-commerce was $38.5 2] Defines ‘Intermediaries’, Oxford Dictionary. [3] 4] [Civil Suit No.

Marketing 83

Marketing Marketing Trademark Registration 83

Technology & Marketing Law Blog

MARCH 18, 2022

It will also inspire plaintiffs to bring more negligent design claims against Internet services–a looming tsunami of litigation. The Ninth Circuit reversed, saying that the plaintiffs could plead around Section 230 by alleging defective design. I’ve blogged that case three times as well, in Feb. What the Court Said.

Designs 112

Designs Design Litigation Blogging 112

JD Supra Law

JUNE 9, 2022

Success requires enormous investment in creating and marketing new designs, with no certainty that the designs will succeed. The imitator merely needs to watch the market, pick a successful product, ship a sample to an overseas manufacturer, and sell the knockoffs once they arrive in port. By: Knobbe Martens

IP 102

IP Designs Design Marketing 102

43(B)log

NOVEMBER 27, 2023

Marketing, Sales Practices & Products Liab. SoClean is a dominant player in the market for medical devices that sanitize continuous positive airway pressure machines (CPAPs), which treat sleep apnea and respiratory conditions. And, they continued, SoClean was illegally marketing its devices. In re SoClean, Inc.,

Advertising 59

Advertising Advertising Marketing Marketing 59

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.

Intellectual Property 105

Intellectual Property Designs Design Design Patent 105