The TTABlog

SEPTEMBER 15, 2023

As to the first factor, there were no pertinent utility patents of record, but there was a design patent owned by the applicant. Citing In re Becton, Dickinson , the Board found the design patent to be some evidence of non-functionality, but not dispositive of the issue. The Board found that.

Designs 70

Designs Design Advertising Advertising 70

The TTABlog

MARCH 20, 2023

referred to as the "Ridge Designs"). 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

SpicyIP

APRIL 17, 2023

Highlights Of The Week IPO Rejects Janssen’s Secondary Patent Application for the Fumarate Salt form of Bedaquiline Image from here. To Be or Not To Be (Design): Calcutta HC Sways Against Trend of Denying Design Registrations Over GUIs Image from here Can a GUI be regarded as a Design?

Advertising 105

Advertising Advertising Confidentiality Trademark 105

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Thus clarifying that copyright in the screenplay exists independently of the copyright in the film. HarperCollins Publishers India Pvt. the licensee.

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IP Copyright Trademark Intellectual Property 124

SpicyIP

MAY 20, 2024

SpicyIP Tidbit: Delhi High Court grants an Ex-parte Ad interim Injunction to Designer Gaurav Gupta On DHC’s recent interim injunction to designer Gaurav Gupta, Surabhi highlights the problem with the Court’s one glove fits all approach in this tidbit. Read on to know more. What’s in a Name? M/s Vans Inc.

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The TTABlog

JUNE 27, 2023

The Board upheld a refusal to register the product configuration shown below, for pen and pencil holders, concluding that the design is de jure functional under Section 2(e)(5). Examining Attorney Tarah Hardy Ludlow had (provisionally) accepted Applicant Pen Pal's Section 2(f) claim, but maintained the functionality refusal.

Designs 51

Designs Design Ownership Design Patent 51

The TTABlog

JUNE 27, 2023

The Board upheld a refusal to register the product configuration shown below, for pen and pencil holders, concluding that the design is de jure functional under Section 2(e)(5). Examining Attorney Tarah Hardy Ludlow had (provisionally) accepted Applicant Pen Pal's Section 2(f) claim, but maintained the functionality refusal.

Designs 44

Designs Design Ownership Design Patent 44

LexBlog IP

JULY 21, 2021

It outlines trends, data and legal rights pertaining to patents, trade marks, designs, plant breeder rights ( PBR ) and copyright. Interestingly, despite innovation generally being on the rise, 2020 saw a very slight decrease (-2%) in the number of patents filed in Australia. Standard Patent Applications and Grants.

Reporting 52

Reporting IP Patent Application Registration 52

SpicyIP

MAY 28, 2023

Image from here Who is the relevant “viewer” of a comparative advertisement? Calcutta High Court sets aside the rejection order by the Patent Office u/s 3(h) since the same does not explain how the subject application falls under “agriculture.” vs The Controller of Patents and Designs & Anr.

Invention 98

Invention Trademark Copyright IP 98

SpicyIP

NOVEMBER 7, 2022

And the third position was secured by Tanishka Goswami, from National Law University, Delhi for their essay titled “The Copyright Paradox: Striking The Balance Between Free Speech & Copyright In India”. Delhi High Court on Non-filing of Written Submission to Delay Patent Application Process. Shubha Ghosh and Prof.

Patent Prosecution 111

Patent Prosecution Invention Journalism IP 111

SpicyIP

MARCH 11, 2024

The Court sets aside the rejection, staying the suit until the rectification application’s disposal within eight months. Ynsect vs The Controller Of Patents on 28 February, 2024 (Delhi High Court) Image from here The appeal challenged the denial of an Indian patent application for insect treatment.

Trademark 59

Trademark Registration Copyright Patent 59

SpicyIP

OCTOBER 16, 2023

The court held that the defendant’s advertising falls under the ambit of permissible comparative advertising, rejecting the plaintiff’s claims and emphasized on a competitor’s right to prevent disparagement while allowing reasonable product promotion. Tejaswini writes on this development. Image from here Raytheon Company v.

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Due Diligence Invention IP Copyright 59

LexBlog IP

APRIL 19, 2023

Amazon sellers must understand the major forms of intellectual property –patents, trademarks, and copyrights–and the common pitfalls associated with each form to avoid infringement allegations, storefront disruptions or closures, and even lawsuits. on Amazon or elsewhere) or otherwise publicizing the product.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

Biswajit Sarkar Copyright Blog

SEPTEMBER 14, 2022

These innovations and technologies have resulted in the increased use of intellectual property rights, so that the inventions and all the new creations designs by the automotives are protected and the works are not exploited. Designing as a whole is a very long and a time-consuming process.

Intellectual Property 52

Intellectual Property Invention Branding Brands 52

SpicyIP

NOVEMBER 15, 2022

Congress and the KGF 2 Copyright Dispute: Ex-Parte Injunctions, Fair Dealing, and Blocking Orders. SpicyIP Tidbits: Clarification on Jurisdiction of High Courts after the Tribunals Reform Act 2021, and Need for Reasoned Orders for Rejecting Patent Applications. Comedian Vir Das, Netflix booked for copyright infringement.

Trademark 105

Trademark Patent Copyright Designs 105

Intepat

APRIL 19, 2023

SCOPE OF PROTECTION UNDER COPYRIGHT LAW The Copyright Act, of 1957 defines “ literary work ” under section 2(o), to include computer programs, tables and compilations including computer databases. Copyright can protect certain kinds of CRIs, mainly computer software inventions. In the case of Yahoo!

Invention 52

Invention Intellectual Property Patent Copyright 52

LexBlog IP

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. Such inventions may be protectable under federal patent laws.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

43(B)log

AUGUST 3, 2023

So too w/false advertising. Advertising: false endorsement potential. Grief trolls—sending a person messages from deceased loved ones would be IIED; copyright can handle performances, collective bargaining can handle digital models in Hollywood. Assumptions skipped over in TM/false advertising analysis.]

Registration 52

Registration False Advertising Advertising Advertising 52

43(B)log

AUGUST 3, 2023

Matthew Sag, Copyright Safety for Generative AI Not addressing whether training is always fair use in every circumstance; explain how generative AI fits w/in existing law (nonexpressive uses) and identify best practices to make generative AI fairer. Did they influence how you advertise? But is generative AI really the same?

Social Media 52

Social Media Fair Use Advertising Advertising 52

SpicyIP

NOVEMBER 26, 2023

Laxmi Kohlu Ghar vs Controller General Of Patents, Designs and Trademarks on 22 November, 2023 (Delhi High Court) A writ petition was filed by the plaintiff alleging that reasons for orders passed by the trademarks office accepting or directing advertisement of a mark are not made publicly available. Eicore Technologies Pvt.

Trademark 59

Trademark Registration Invention Social Media 59

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 19, 2021

would be “in furtherance of the offense” of misappropriation, and since the plaintiff established at trial that the defendants advertised, promoted, and marketed the products embodying the allegedly stolen trade secrets inside the U.S., The plaintiff’s licensor had filed a patent application on the product that had not yet been published.

Patent Application 52

Patent Application Law Patent Publishing 52

SpicyIP

NOVEMBER 21, 2022

Tata SIA Airlines, vacating the ex parte interim injunction granted against Vistara’s use of term “Fly Higher” in its advertisements. Punjab Agricultural University was granted a national patent in indigenous hybrid hydroponic technology. Controller General of Patents Designs and Trade Marks launches IPO Grievance Portal.

IP 100

IP Cease and Desist Patent Music 100

Trading Secrets

JUNE 3, 2022

Disclosure of Trade Secrets in Patent Applications. 2021), the defendant argued that the alleged trade secret—the exact dimensions of a patented spinal implant device for treating degenerative disc disease—was disclosed in a patent and marketing. In Life Spine, Inc. Aegis Spine, Inc. , 8 F.4th 4th 531 (7th Cir.

Law 59

Law Confidentiality Designs Design 59

The IP Law Blog

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. Such inventions may be protectable under federal patent laws.

IP 98

IP Intellectual Property Social Media Cease and Desist 98