The TTABlog

FEBRUARY 28, 2024

The Board concluded that the involved marks are "too dissimilar overall to warrant a finding of likelihood of confusion," and it found that Applicant Rodriguez had the capacity to market his products and had taken steps to create a small Internet business, thus defeating the lack-of-bona-fide-intent claim. Welch 2024.

Designs 62

Designs Design Registration Business 62

Indiana Intellectual Property Law

MARCH 5, 2024

CONVEYING TRUST. 7300963 7310789 ANGI 7304077 SANIVIVE 7314283 YOU’VE TRIED THE REST, NOW COME TO THE BEST!

Registration 52

Registration Trademark Marketing Marketing 52

Technology & Marketing Law Blog

APRIL 28, 2023

Despite the California Legislature’s blunder last year with AB 2273 (the Age Appropriate Design Code), many states, including Minnesota, are stubbornly pushing for nearly identical laws. If passed, the bill goes into effect July 1, 2024 with the first round of DPIAs due July 1, 2025. Enforcement is limited to the MN AG.

Copying 125

Copying Designs Design Blogging 125

The IPKat

MARCH 24, 2024

In addition to being works of scientific achievement, many luxury timepieces are artistic wonders with innovative designs, like some of the reportedly 100 000 (!) Brands like Rolex, Patek Philippe and Audemars Piguet hold rich trade mark and design portfolios and enforce their rights vigorously.

IP 70

IP Marketing Marketing Reporting 70

The IPKat

JANUARY 23, 2024

Regulation, Innovation and Competition in Pharmaceutical Markets, by Margherita Colangelo. The winner is: EU Trade Mark Law and Product Protection: A Comparative Analysis of Trade Mark Functionality (Routledge) by Lavinia Brancusi Best Book on Design Law The nominations were: • Australian Design Law and Practice, by Tyrone Berger.

Intellectual Property 133

Intellectual Property Intellectual Property Law Moral Rights Editing 133

The TTABlog

APRIL 18, 2024

91244891 (April 11, 2024) [not precedential] (Opinion by Judge Thomas W. Turning to the second DuPont factor, the similarity of the goods, opposer argued that the involved goods are related because tobacco products and alcohol are "complementary" in that they are marketed together for "simultaneous consumption." Welch 2024.

Registration 44

Registration Advertising Advertising Marketing 44

U.S. Department of Commerce

FEBRUARY 6, 2024

Department of Commerce February 6, 2024 KCPullen@doc.gov Tue, 02/06/2024 - 11:21 The American Rescue Plan (ARP), the Bipartisan Infrastructure Law (BIL), the Inflation and Reduction Act (IRA), and the CHIPS and Science Act provide the U.S. Improving Program Delivery with Innovative Data Practices at the U.S.

Business 112

Business Designs Design Government 112

Technology & Marketing Law Blog

MARCH 19, 2024

As usual nowadays, the plaintiffs relied heavily on product design theories to overcome the obvious Section 230 defense. Some judges recognize that product design theory just rearticulates claims based on third-party content, as it does here because any radicalizing content came from third-parties, not the social media services themselves.

Social Media 99

Social Media Designs Design Blogging 99

Technology & Marketing Law Blog

MARCH 6, 2024

Any surviving services may need to be structured as marketing agencies that push all of the legal risk to the users and third-party vendors. And although Plaintiff also alleged Defendants marketed, advertised, and sold merchandise bearing his copyrighted illustrations. Sunfrog LLC , 2024 WL 940238 (E.D.

Copyright 99

Copyright Trademark Law Publishing Copyright Infringement 99

Technology & Marketing Law Blog

FEBRUARY 7, 2024

The designation on Mr. Brown’s profile that he was “verified with” his phone number, taken in context, is not an expression of approval that he was trustworthy and did not increase the risk of harm to the Rolands… Letgo’s advertisements about its verification procedure did not create or increase a risk. 2024 WL 372218 (10th Cir.

Advertising 95

Advertising Advertising Designs Design 95

The TTABlog

APRIL 2, 2024

91255161 (March 29, 2024) [not precedential] (Opinion by Judge Elizabeth A. The mark consists of a three-dimensional configuration of the interior of a hex shaped box with a honeycomb configuration of seven interior hexagonal indentations on the bottom of the box and the design of a six point star, having flat points, on the top of the box.

Designs 57

Designs Design Social Media Registration 57

Technology & Marketing Law Blog

MARCH 5, 2024

In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors. Pixels.com, LLC , 2024 WL 885356 (W.D. Cite to Ohio State v.

Artwork 96

Artwork Trademark Publishing Marketing 96

Technology & Marketing Law Blog

JANUARY 21, 2024

YouTube Uploaders Listed on Schedule A , 2024 WL 189013 (N.D. 17, 2024) * * * Bonus 1: The court issued a related ruling, Viral DRM LLC v. Onyshchuk , 2024 WL 189011 (N.D. This is a design patent SAD Scheme case. YouTube Schedule A Defendants appeared first on Technology & Marketing Law Blog.

Copyright 78

Copyright Design Patent Trademark Designs 78

43(B)log

MARCH 21, 2024

LLC, 2024 WL 1160687, No. 18, 2024) Interesting defense-side use of surveys in this consumer protection case. On deceptiveness, Pabst argued that Peacock didn’t designate any expert witnesses or other evidence to show how consumers interpreted the label, while Pabst offered an expert opining on a consumer survey.

Social Media 59

Social Media Marketing Marketing Designs 59

IP.com

MARCH 12, 2024

According to a report by SuperData Research , the global gaming market was valued at $159.3 Market data from 2023 shows the estimated market size for the gaming industry at $242.39 It has since topped Twitch’s Top 10 games for January 2024 , the Most Downloaded third-party game, and the #2 highest concurrent player count ever.

Copyright Infringement 52

Copyright Infringement Copyright Intellectual Property Marketing 52

LexBlog IP

JANUARY 30, 2024

The amended Regulations came into effect on 20 January 2024. Another area that sees substantial changes is the design system. While the 2020 amendment of the Patent Law allowed for partial design in principle, the amended Regulations provide more detailed requirements for the filing of applications for partial designs.

Patent 52

Patent Invention Patent Law Designs 52

Patently-O

FEBRUARY 12, 2024

TaylorMade Golf Company teed off a dispute over golf club design and filed a patent infringement lawsuit on January 31 st, 2024, in the Southern District of California against Costco and Southern California Design Company alleging infringement and false advertising relating to five of TaylorMade’s patents related to golf irons.

False Advertising 102

False Advertising Invention Advertising Advertising 102

Biswajit Sarkar Copyright Blog

NOVEMBER 1, 2023

The commencement of the Spring/Summer Fashion Week 2024 has seen luxury brands display their designs on the ramp again. Apart from designer clothes, this year also saw the debut of new signature colours of two beloved luxury brands-Burberry and Gucci. 017215237, 017215245, 017535832, 017535816 ).

Trademark 79

Trademark Branding Brands Branding 79

IP and Legal Filings

MARCH 19, 2024

However the limitations and restrictions for registration is present not all terms are eligible for registration… a trade mark encompasses with number of elements, including logo, slogans, shapes, sounds, even scents, all designed to distinguish product and services from other competitors.

Branding 52

Branding Brands Branding Intellectual Property 52

The IPKat

OCTOBER 13, 2023

Diplomatic Conference to Conclude Design Law Treaty This week, WIPO announced that Saudi Arabia will host the diplomatic conference to finalise negotiations of a proposed Design Law Treaty (DLT). The diplomatic conference will take place in Riyadh on 11-22 November 2024.

Intellectual Property 67

Intellectual Property Designs Design Inventor 67

SpicyIP

MARCH 11, 2024

Case Summaries Therelek Machines Private Limited vs Therelek Engineers Private Limited on 28 February, 2024 (Karnataka High Court) The petitioner challenged the rejection of its interim application under Section 124 of the Trade Marks Act, seeking a stay in a suit for trademark infringement.

Trademark 59

Trademark Registration Copyright Patent 59

Patently-O

JANUARY 12, 2024

Apple had pulled its watches from the market, but they are back on sale both online and in stores. Later this month (January 2024), the Federal Circuit will likely decide whether to keep the stay for the duration of the appeal, or to reinstate the exclusion order. Customs around a modified design. Masimo , 22-1890 (Fed.

Patent 82

Patent Confidentiality Designs Design 82

Technology & Marketing Law Blog

APRIL 3, 2024

When installed on a car, they suppress or bypass emission controls designed to protect the environment. This is a reminder of how the government can use transparency demands to get at the exact same issues that Section 230 is designed to protect, with censorial implications. EZ Lynk Sezc , 2024 WL 1349224 (S.D.N.Y.

Social Media 75

Social Media Government Designs Design 75

Technology & Marketing Law Blog

APRIL 1, 2024

The court summarizes the allegations: Roblox has a virtual currency designed for use on its platform called “Robux.” 2024 WL 1268420 (N.D. March 26, 2024). Roblox appeared first on Technology & Marketing Law Blog. [A reminder that I don’t do April Fools’ pranks.] Case Citation : Colvin v. Roblox Corp.

Social Media 75

Social Media Blogging Publishing Designs 75

Technology & Marketing Law Blog

FEBRUARY 21, 2024

Nor do allegations of an application’s lack of identify and age verification remove the “publisher” designation. 2024 WL 678248 (Conn. Meta appeared first on Technology & Marketing Law Blog. Agreeing with the majority opinion in Force v. cite to LW v. Cite to Doe v. Cite to Herrick v. Case citation : V.V.

Publishing 63

Publishing Designs Design Social Media 63

Technology & Marketing Law Blog

JANUARY 24, 2024

This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer. The court explains: They describe steps in the process of fashion design and capture much (if not all) of the creative output that Gutman might produce in her role as a designer.

Social Media 78

Social Media Ownership Designs Design 78

43(B)log

FEBRUARY 26, 2024

Arm or Ally, LLC, 2024 WL 756474, No. 23, 2024) The AG sued sellers of “unfinished frames and receivers” — also known as “80% lowers” or “receiver blanks” —designed to evade restrictions on gun sales. Defendants contended that marketing unfinished frames and receivers as “legal” was protected by the First Amendment.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

Dragons' Den

FEBRUARY 9, 2024

Emma is a fashion designer and founder of denim company, Good American. What is its appeal to the market? In IPO’s free, online, easy to use toolkit there are resources designed to help businesses identify their IP and understand how to protect, manage it and even license it to scale up their product. A design worth registering?

Blogging 52

Blogging IP Designs Design 52

SpicyIP

APRIL 30, 2024

By Kevin Preji On 28th Feb, 2024, the Delhi High Court in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs in allowing an appeal, clarified the role of the ‘person skilled in the art’ (‘PSITA’) in determining non-obviousness. Subsequently, the patent application was rejected in September 2020.

Invention 52

Invention Art Designs Design 52

LexBlog IP

MAY 25, 2023

As we previously reported , Celltrion entered into an agreement in April 2022 with AbbVie that would allow Celltrion to market its biosimilar to AbbVie’s HUMIRA product. Celltrion is also seeking interchangeability designation for YUFLYMA, which “is tentatively expected Q4 2024.” in July 2023.

Reporting 52

Reporting Designs Design Marketing 52

SpicyIP

JANUARY 29, 2024

In a major development concerning the Ibrutinib patent, DHC restrains generic manufacturers from manufacturing and marketing the life-saving anti-cancer drug. Last date to Register: 29th February 2024 Case Summaries Premier Spg And Wvg Mills Pvt. But what about the public interest? Read Tejaswini’s post to know more.

Music 59

Music Intellectual Property Copyright IP 59

Technology & Marketing Law Blog

JANUARY 30, 2024

” In support of Printify’s position, the court summarizes: Printify does not design the products, does not manufacture or print the products, and does not ship the products. Sunfrog decision: there is no evidence in this record that Printify engages in any advertising or trains or encourages anyone to use infringing designs.

Publishing 74

Publishing Trademark Designs Design 74

43(B)log

FEBRUARY 22, 2024

20, 2024) According to the complaint, San Marzano tomatoes “originate[] from the town of San Marzano sul Sarno, near Naples, Italy.” San Marzano tomatoes “bear a special designation: D.O.P. Denominazione d’Origine Protetta, ‘Protected Designation of Origin’).” designation. designation.

Designs 69

Designs Design Branding Brands 69

IP and Legal Filings

APRIL 4, 2024

SSDEs must meet financial thresholds over three years: Rs 4000 crore turnover in India, USD 30 billion global turnover, Rs 16000 crore gross merchandise value in India, or USD 75 billion global market capitalization. They must also meet user thresholds: 1 crore end users or 10,000 business users in India over three years.

Law 67

Law Settlement Business Designs 67

The IPKat

APRIL 29, 2024

He said that the rational of the provision is “designed solely for the benefit of the rights holder, who is given the opportunity to develop and modernize his trademark without having to register a new trademark and without the risk of being penalized for lack of serious use”.

Reporting 57

Reporting IP Law Trademark 57

43(B)log

MARCH 14, 2024

2024 WL 1051951No. 11, 2024) I have a long-running interest in Rule 68 offers of judgment, and this case involves an interaction with false advertising law! The parties compete in the shoe market. Double Diamond Distribution Ltd. Crocs, Inc., 23-cv-01790-PAB-KAS (D.

False Advertising 59

False Advertising Advertising Advertising Branding 59

The IPKat

SEPTEMBER 24, 2023

by Antonios Baris and Spyridon Sipetas This September’s Fashion Week introduced us to the Spring/Summer 2024 collections of all major fashion houses and brought along with it the emergence of their new signature colours. Eagerly waiting to shop Gucci ss 2024 collection. This, nevertheless, should not come as a surprise.

Branding 78

Branding Brands Branding Designs 78