43(B)log

OCTOBER 31, 2022

27, 2022) A rare tortious interference/business defamation case that results in a preliminary injunction (converted from a TRO), based on claims of patent infringement made to plaintiff’s customers. The court found this standard satisfied given the prior art and the differences between HBL’s products and the patents.

Patent Infringement 90

Patent Infringement Patent False Advertising Business 90

Patently-O

AUGUST 13, 2021

The 1836 Patent Act added the caveat that no patent should issue on an invention previously “described in any printed publication.” ” That language has carried through the various major patent law overhauls and continues as a prominent aspect of 35 U.S.C. by Dennis Crouch. 102(a)(1). 869, 877 (Fed.

Confidentiality 92

Confidentiality Advertising Advertising Invention 92

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. Applicant GB's design patent served as some evidence of non-functionality, but was outweighed by GB's own advertising touting the design's utilitarian benefits.

Design Patent 89

Design Patent Advertising Advertising Designs 89

The TTABlog

DECEMBER 13, 2022

The court began with the issue of functionality, finding that "[u]tility patents disclose, and some claim, the features of TBL's applied-for design, and TBL's own advertising touts the functional benefits the features."

Designs 96

Designs Design Advertising Advertising 96

IIPRD

MARCH 4, 2024

For example, noodles people prefer Maggie over other companies noodles because of the uniqueness in the packaging, taste and also the advertisement which creates an impact on customers to buy the product. Infringement related to patents are usually seen in the pharmaceutical industry, as most of the inventions takes place in that sector.

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

Delaware Intellectual Property Litigation Blog

SEPTEMBER 11, 2021

In Thaler , the Court confronted, analyzed and answered the question of “can an artificial intelligence machine be an ‘inventor’ under the Patent Act?” After analyzing the plain statutory language of the Patent Act and the Federal Circuit authority, the Court held that the “clear answer is no.” at *17-18.

Inventor 91

Inventor Patent Intellectual Property Patent Law 91

Patently-O

MARCH 31, 2024

27, 2024), involved patents relating to tamper-resistant and tamper-evident food containers. Background on the Case Inline Plastics sued Lacerta for infringement of several patents relating to tamper-resistant/evident containers and methods of making such containers using thermoformed plastic. The case, Inline Plastics Corp.

Invention 59

Invention Copying Licensing Art 59

The TTABlog

MARCH 20, 2023

Discovery Sanctions: The Board made certain adverse inferences against Respondent ERB for failure to comply with a Board order compelling interrogatory answers, including inferences that Respondent ERB did not conduct any look-for advertising and did not conduct any survey to show acquired distinctiveness.

Registration 68

Registration Advertising Advertising Designs 68

BYU Copyright Blog

JUNE 3, 2024

Boyages presenting the art design to the working group, the University started using the logo in its products and advertised it as one of its brands. They allegedly copied, reproduced, displayed, and published it on social media, clothing, sports equipment, and wall signage in the Universitys facilities. According to Ms.

Copyright 52

Copyright Art Social Media Designs 52

Patently-O

JANUARY 28, 2024

by Dennis Crouch Ficep begins its petition for certiorari with a brilliant statement of how its patented steel manufacturing method has won numerous awards and complements for its innovative approach, been copied by competitors, and led to numerous successful sales. There was copying by competitors. Ficep Corp. 208 (2014).

Technology 81

Technology Invention Designs Design 81

Patently-O

JULY 19, 2023

Patents and copyrights were established in the Constitution and enacted by the First Congress in 1790. Those rights were fairly quickly established as exclusively federal, meaning that there is effectively no patents or copyrights offered by individual states. by Dennis Crouch Intellectual property rights in the U.S.

Privacy 98

Privacy Trademark Law Fair Use Trademark 98

Delaware Intellectual Property Litigation Blog

MAY 29, 2021

In doing so, among other things, the Court concluded that Peleton’s statements describing itself in its advertisements as an “innovator” and “hardcore technology company” are non-actionable puffery under the Lanham Act. A copy of the Memorandum Opinion is attached.

Advertising 56

Advertising Advertising Copying Technology 56

The IPKat

JUNE 27, 2022

On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, cybersquatting and other cause of actions before the Central District of California. This is a U.S federal court which has jurisdiction in the case pursuant to Title 28 of the United States Code.

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

TorrentFreak

SEPTEMBER 3, 2023

In a response to the US Patent and Trademark Office’s (USPTO) inquiry about future anti-piracy strategies and policies, Google stresses that the availability of legal content is key. “Rightsholders are able to pre-notify us of web pages that advertise they will illegally stream a live event in the future,” Google writes.

Reporting 125

Reporting Copyright Music Advertising 125

IIPRD

NOVEMBER 22, 2023

There is a need to understand that the content published is available to anyone and everyone with internet and can be copied and used. Ensuring Compliances of IP laws Trademarks and logos: On media platforms, names and emblems are commonly used to advertise companies and services, both visually and orally.

Social Media 59

Social Media IP Intellectual Property Copying 59

Garrigues Blog

JUNE 1, 2021

Autocontrol and Asociación Española de Anunciantes (Spanish Advertisers’ Association or AEA) agree on the ethical standards that should be applied to advertising by influencers from January 1, 2021. My product was copied and I haven’t registered it. Final act: will the Supreme Court lend bullfighting a helping hand?

Blogging 52

Blogging IP Advertising Advertising 52

Patently-O

APRIL 15, 2024

The appellate panel also vacated and remanded the district court’s finding that LNC failed to prove the asserted patent is unenforceable due to inequitable conduct during prosecution, as well as its grant of summary judgment one of the asserted patents was invalid as obvious. 4-12-2024_2300689. ” See TransWeb, LLC v.

Art 64

Art Litigation Patent Advertising 64

TorrentFreak

JANUARY 16, 2023

This GitHub subdomain is a copy of thepirateproxybay.com and appears to be operated by the same people, but it’s not blocked by UK ISPs. Interestingly, we did spot the site on an advertising blacklist maintained by City of London Police’s Intellectual Property Crime Unit (PIPCU).

Music 130

Music Intellectual Property Copyright Copyright Infringement 130

The TTABlog

MAY 25, 2023

Applying the Morton-Norwich factors, and giving some weight to applicant's design patents, the Board concluded that the USPTO failed to make a prima facie case of functionality. There were no utility patents of record, nor any evidence showing that JBL touted any utilitarian advantages of this product design. Wellington).

Designs 52

Designs Design Design Patent Advertising 52

Plagiarism Today

APRIL 11, 2022

After the brand is registered, the user then registers various intellectual properties including trademarks, copyrights and patents, The form does ask if the property is registered or not and, if it is, requires that the user provide the registration number and location. The system itself has not been very broadly advertised.

IP 254

IP Intellectual Property Reporting Branding 254

TorrentFreak

NOVEMBER 20, 2023

For example, the availability of no-fault injunctions under section 97A of the Copyright, Designs and Patents Act has allowed Paramount to mitigate the threats presented by pirate sites. Once again, the term ‘gold standard’ is used. ” The problem is highlighted by the MPA, and separately by members Warner and Paramount.

Cinema 99

Cinema Intellectual Property Television Government 99

Intepat

OCTOBER 7, 2022

Industrial design patents give the person exclusive rights for a new ornamental design of an essential functional item. Now, if the fabric has an innovative design aspect, different from any other style, one can apply for a design patent to protect it. Hence, the maximum period of protection in design patents is fifteen years.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

azrights

JUNE 19, 2023

Unless a business has intellectual property protecting its innovation, such as a trademark, patent, copyright, design, or trade secret, competitors are free to copy its differentiation strategy immediately. Even patents expire. The company tried in vain to register Clubcard as a trademark.

Branding 52

Branding Brands Branding IP 52

azrights

OCTOBER 27, 2021

They copy business models, and any aspect of a business’ successful branding, be it, by introducing new features, copying its positioning, or even using similar names or brand identifiers. Some will copy blatantly, others are more savvy so will copy what they calculate they can get away with. Take Coca Cola as an Example.

Branding 52

Branding Brands Branding Copying 52

The IP Law Blog

MARCH 5, 2021

Xerox ran an advertising campaign “You can’t Xerox a Xerox on a Xerox. But we don’t mind at all if you copy a copy on a Xerox® copier.”. Consistent use of the ® or symbol and also using the brand name along with the general name such as Kleenex brand tissue is a way brand owners can attempt to avoid genericide.

Trademark 85

Trademark Branding Brands Branding 85

Kashishipr

JULY 13, 2022

In the AR field, patent litigation has already commenced for AR hardware and some applications or uses of AR. Since AR capabilities have been limited to gaming devices and mobile devices in recent years, patent litigation in the AR field has been a logical outgrowth of the patent wars consuming the mobile device market.

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

SpicyIP

OCTOBER 27, 2023

Interface interference is a tactic that hinders consumers from performing actions like cancelling subscriptions or deleting accounts, such as redirecting them to another page while trying to cancel a pop-up advertisement. YouTube also earns from advertisers by inserting video ads and allowing longer ads.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

azrights

JUNE 19, 2023

Although Tesco received an inadequate service from its advertising agency, chances are that at the time, Tesco didn’t realise its agency had delivered a poor service! Brand IP is a term I use to distinguish it from what people normally associate with IP – namely, patents, science, engineering, and complex technologies.

Branding 52

Branding Brands Branding Business 52

Intepat

OCTOBER 7, 2022

Industrial design patents give the person exclusive rights for a new ornamental design of a basic functional item. Now if the cloth had an innovative design aspect, different from any other style, one can apply for a design patent for it. For instance, as discussed above the print on cloth, the copyright wouldn’t extend to the cloth.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

43(B)log

AUGUST 4, 2021

Dmitry Karshtedt: Overlap with constitutional issues in patent: resolution of claims in administrative proceeding. Dmitry Karshtedt and Sean Pager, Volition and Intent in the Law of Direct Copyright Infringement Patent and © treat these areas very differently. Netcom raised the problem of volition for copying for online servers.

Copyright 90

Copyright Trademark Copying Fair Use 90

Intepat

APRIL 19, 2023

The Patents Act, 1970, provides for the protection of CRIs, but there has been significant debate over the years regarding the patentability of such inventions in India. The article delves into the legal framework surrounding CRIs in India, through the lens of case laws and guidelines issued by the Indian Patent Office.

Invention 52

Invention Intellectual Property Patent Copyright 52

SpicyIP

NOVEMBER 15, 2022

SpicyIP Tidbits: Clarification on Jurisdiction of High Courts after the Tribunals Reform Act 2021, and Need for Reasoned Orders for Rejecting Patent Applications. Then we discussed the Bombay High Court’s decision to rebuke the Patent Office for dismissing a patent application without providing sufficient reasons for the same.

Trademark 105

Trademark Patent Copyright Designs 105

43(B)log

APRIL 29, 2024

Thingiverse cube Kitchen Cube made and sold copies of the Cube. It advertised “This device was one of the most popular items on a popular 3D printing website with over 20,000 unique downloads” on its website, at a time when Leszczynski’s Thingiverse page displayed that his Cube had been downloaded 20,000 times.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

IP and Legal Filings

FEBRUARY 15, 2022

The cause of action in the original suit was the alleged breach of a settlement with the plaintiff, caused by the defendant’s continued use of the plaintiff’s trademark in advertisements on the big search engine. The court referred to the case of Silvestri v. Motors Corp., 3d 583, 590 (4th Cir. 2001), wherein spoliation has been discussed.

Litigation 60

Litigation Advertising Advertising Settlement 60

SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. The Patent Act: Catch 22 Does the Patent Act prevail over the Competition Act?

Trademark 59

Trademark Registration Copyright Patent 59

IP and Legal Filings

AUGUST 14, 2023

Online marketplaces, such as online auction houses, or websites that advertise their unlawful nature are used to trade or profit from tangible counterfeit or pirated items in every category. Person A makes a copy of the movie on his phone and shares it with his friends. The reason being a larger audience can watch the film for free.

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

Kluwer Copyright Blog

OCTOBER 30, 2023

Copyright infringement – Copyright subsists in the Lidl logo and this was copied by Tesco in creating their Clubcard Price(s) signs. Accordingly, any copying by Tesco could only have occurred in relation to Lidl’s Mark with Text. This assisted in demonstrating detriment to the distinctive character of the Mark with Text.

Copyright 59

Copyright Copying Branding Brands 59