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?

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

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

SpicyIP

NOVEMBER 26, 2023

Though the defendant’s mark was also registered, the court reiterated that the prior use of the mark has to be protected and the registration will not have any bearing. The respondent had rejected the application holding that the mark is devoid of distinctive character and is ineligible for registration under Section 9(1)(a) or 9(1)(b).

Trademark 59

Trademark Registration Invention Social Media 59

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.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

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. Did we miss anything big? Let us know in the comments below!

Trademark 105

Trademark Patent Copyright Designs 105

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.

Design Patent 57

Design Patent Designs Design Patent 57

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.

Trademark 45

Trademark Advertising Advertising Copyright 45

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. Ankit Sahni’s AI “Co-authored” Artwork Denied Registration by US, Continues to be Registered in India Can AI (co)author art?

IP 59

IP Trademark Advertising Advertising 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

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

APRIL 17, 2023

Highlights Of The Week IPO Rejects Janssen’s Secondary Patent Application for the Fumarate Salt form of Bedaquiline Image from here. Krbl Limited was alleged infringement and passing off of the plaintiff’s trademark registrations for marks that include the word ‘Royal’, by the defendant’s mark ‘Zabreen Royal’ (‘Impugned Mark’).

Advertising 105

Advertising Advertising Confidentiality Trademark 105

Canadian Intellectual Property Blog

JUNE 15, 2021

How the Registration System Works in Canada Canada employs a first-to-file system which means it is not necessarily who designed first that is entitled to an ID registration but rather it is a race of who files it first at the Canadian Intellectual Property Office (“CIPO”). Notably, an applicant (i.e.,

Designs 52

Designs Design Intellectual Property Registration 52

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. &

Invention 105

Invention Music Art Patent Application 105

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.

Designs 98

Designs Design Advertising Advertising 98

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

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.

IP 124

IP Copyright Trademark Intellectual Property 124

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.

Due Diligence 59

Due Diligence Invention IP Copyright 59

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. The Plaintiff has registrations over the marks ‘Purva’, ‘Purvankara’. Controller General of Patents Designs and Trade Marks launches IPO Grievance Portal.

IP 100

IP Cease and Desist Patent Music 100