The TTABlog

SEPTEMBER 15, 2023

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 noted a prior utility patent application owned by applicant, but found that the claims had no bearing on the proposed mark. Text Copyright John L. Welch 2023.

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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. Text Copyright John L.

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Registration Advertising Advertising Designs 68

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.

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43(B)log

APRIL 29, 2024

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. Kitchen Cube filed a patent application for the Cube.

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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.

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LexBlog IP

JUNE 20, 2023

However, generative AI is susceptible to the same subject matter eligibility issues that have sunk countless patent applications involving various machine learning technologies. Patent Office guidelines along with real-life prosecution experience fortunately provide a roadmap to avoid that fate for generative AI inventions.

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IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Keep Calm and Fandom On: Copyright in Cosplay, Fanfiction and Fanart by Sabrina Macklai & Emily Chow. Is GitHub’s New Feature a Copyright Infringer? David Vaver. Copilot or Co-Conspirator?

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The TTABlog

JUNE 27, 2023

Applying the ever-popular Morton-Norwich factors, the Board began with a detailed review of Pen Pal's abandoned utility patent application. Furthermore, Applicant’s overall design is dictated by the function it performs — holding a pen, pencil, or other cylindrical writing instrument." Text Copyright John L. Welch 2023.

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Designs Design Ownership Design Patent 51

The TTABlog

JUNE 27, 2023

Applying the ever-popular Morton-Norwich factors, the Board began with a detailed review of Pen Pal's abandoned utility patent application. Furthermore, Applicant’s overall design is dictated by the function it performs — holding a pen, pencil, or other cylindrical writing instrument." Text Copyright John L. Welch 2023.

Designs 44

Designs Design Ownership Design Patent 44

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. Registering copyrights with the U.S.

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Intellectual Property Law Intellectual Property Law IP 52

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!

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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.

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Trademark Patent Copyright Designs 105

Biswajit Sarkar Copyright Blog

SEPTEMBER 14, 2022

Thus, because of the increase in the illegal use of their inventions, the companies have started filing patent applications for their inventions in the sector of automobile. It was observed in the year 2020, that most of the patents were filed in the categories of mechanical engineering i.e., in the automotive industry.

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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.

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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.]

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SpicyIP

MAY 20, 2024

Bentley Systems Inc & Anr vs Pnc Infratech Limited & Ors on 13 May, 2024 (Delhi High Court) The plaintiff instituted the present copyright infringement suit against the defendant for continuing to use the plaintiff’s software after the expiry of its license. the Court restrained defendant no. M/s Vans Inc. Intergrow Brands Pvt.

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SpicyIP

DECEMBER 17, 2023

From conflicting positions on AI as a co-author of a work to the contours of information required u/s 39 about the patent applications filed abroad, we had some engaging posts on this blog this week. US Copyright Office says no to “RAGHAV”s work, even as the same work remains registered as a copyright in India.

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SpicyIP

FEBRUARY 19, 2024

Case Summaries Hmd Mobile India Private Limited vs Mr Rajan Aggarwal & Anr on 9 February, 2024 (Delhi HC) image from here The Plaintiff had filed a petition under Section 50 of the Copyright Act, 1957 for expunging the copyright registration against the Defendant. Sun Pharma Laboratories Ltd. vs Dabur India Ltd. &

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IP Tech Blog

AUGUST 22, 2022

While trademarks protect the brands used in the metaverse and copyright protects NFTs as intellectual works, what about the protection of the shape, patterns and colors characterizing the non-physical commodities in the metaverse? Are they protectable by design patents? We have specifically covered this topic in a previous blog.

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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. The Single judge restrained the appellant (HUL) from publishing a print advertisement and airing three YouTube videos for its product ‘Domex’. Please let us know so we can include them!

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SpicyIP

MAY 28, 2023

Image from here Who is the relevant “viewer” of a comparative advertisement? The plaintiff argued that the novelization of the screenplay, infringes its copyright as the Karta of the plaintiff HUF is the producer of the film. PC Solanki, advocate who inspired Manoj Bajpayee’s ‘Bandaa’, drags producers to court for copyright violation.

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Invention Trademark Copyright IP 98

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.

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The TTABlog

AUGUST 30, 2021

Applicant Herman Miller, noting that the spine of the chair is not part of the proposed mark, argued that “the spine is the invention, and the specific seat, back, and legs claimed in the Eames Molded Plywood Chair Design are not essential to the invention." Text Copyright John L. Read comments and post your comment here.

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Designs Design Advertising Advertising 98

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.

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IP Intellectual Property Social Media Cease and Desist 98

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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SpicyIP

NOVEMBER 19, 2023

The issue here pertains to the question of whether a patent office located in one place can transfer a patent application to another office in the absence of any specific provision in the law. St Art India Foundation & Anr. However, the plaintiff retorted that the work was not permanently situated in the public space.

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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. Indian Patent Office to Hire 900 People: DPIIT Secretary.

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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

Canadian Intellectual Property Blog

JUNE 15, 2021

The application process for an industrial design is much faster than that of a patent application. The Canadian Copyright Act permits the reverse engineering of an article if more than 50 articles are made. shape) is itself a trademark, then it is prohibited to reverse engineer the article without infringing copyright.

Designs 52

Designs Design Intellectual Property Registration 52

SpicyIP

JANUARY 30, 2023

Supreme Court refused to intervene in the matter of royalty rate revision as per the statutory licensing scheme under Section 31 D of the Copyright Act. Contrary to the opinion of the Single judge, the court held that the Plaintiff’s mark has acquired distinctiveness keeping in mind the sales figures and expenses incurred in advertisements.

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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.

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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.

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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. Controller General of Patents Designs and Trade Marks launches IPO Grievance Portal. Opposition filed against a patent application which claims AI to be the inventor.

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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? Grant rates dipped but then went back up.

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