IPilogue

NOVEMBER 18, 2022

(“Mascotte”), owns a portfolio of 160 trademark applications in the US connected to the “Yeezy” brand, Adidas solely owns all design rights to existing products, as well as previous and new colorways under the partnership. Remedies for breach of such clauses include corrective advertising, damages, and contract termination.

Business 131

Business Contracts Branding Brands 131

43(B)log

JANUARY 27, 2023

The remaining design patent claims also failed. design patent First, the court filtered out the functional features: the narrow head that allowed detailed or precise shaving; the handle angle and length that allowed a comfortable shaving position; the gripping surface for a secure hold and precise control.

False Advertising 59

False Advertising Design Patent Designs Design 59

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

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. JBL pointed to its ownership of seven design patents for rocking chairs of the same or a very similar configuration.

Designs 52

Designs Design Design Patent Advertising 52

43(B)log

AUGUST 10, 2021

6, 2021) (R&R) Shenzhen sought a declaratory judgment that a design patent for a toy gnome figurine was unenforceable and invalid, given that defendant/counter-plaintiff Tatiana Mironova allegedly purchased its stuffed gnome toys, then switched manufacturers and obtained a patent for an identical ornamental design without authorization.

Advertising 59

Advertising Advertising Designs Design 59

Indiana Intellectual Property Law

OCTOBER 20, 2023

Rogue states that all these patented products are listed on the company’s website for the public to view at any time. In the suit, the Plaintiff alleges that the Defendant has been purposely advertising, marketing, selling, manufacturing, and distributing products that are infringing on Rogue’s lawfully held patents.

Patent Infringement 52

Patent Infringement Patent Advertising Advertising 52

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

The TTABlog

JUNE 27, 2023

"Furthermore, Applicant’s overall design is dictated by the function it performs — holding a pen, pencil, or other cylindrical writing instrument." Finally, Pen Pal pointed to its four design patents as presumptive proof that the proposed mark is not de jure functional.

Designs 51

Designs Design Ownership Design Patent 51

Technology & Marketing Law Blog

MARCH 8, 2024

As another example of the significance of non-appellate law, Google’s trademark policy is the de facto trademark law of online keyword advertising. Second, the SAD Scheme is swallowing up the rest of trademark law.

Trademark Law 98

Trademark Law Trademark IP Blogging 98

Patently-O

FEBRUARY 10, 2022

Design Patent No. D450,839 looks like a set of clown feet (image below), but, in actuality it covers “the ornamental design for a handle for introducer sheath” and is used as part of a medical catheter kit. The parties agree that the products described in the letter embody the design that was later patented.

Business 76

Business Patent Invention Design Patent 76

The TTABlog

JUNE 27, 2023

"Furthermore, Applicant’s overall design is dictated by the function it performs — holding a pen, pencil, or other cylindrical writing instrument." Finally, Pen Pal pointed to its four design patents as presumptive proof that the proposed mark is not de jure functional.

Designs 44

Designs Design Ownership Design Patent 44

SpicyIP

SEPTEMBER 4, 2023

.” But it is surprising to see that the public notice neither specifies what these irregularities and technical glitches were nor does it bear signatures of any authorized personnel, unlike the other advertisements and notices on the QCI’s website (see here , here and here ) who have signatures of at least 1 officer.

Designs 105

Designs Design Patent Advertising 105

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 is better than yours’: is it lawful to use third party’s trademarks to advertise your own products or services?

Blogging 52

Blogging IP Advertising Advertising 52

Intepat

OCTOBER 7, 2022

With the introduction of the Designs Act in the year 2000, the Government of India included the advanced provision of safeguarding works with non-functional features in the domain of creative work. Industrial design patents give the person exclusive rights for a new ornamental design of an essential functional item.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

Indiana Intellectual Property Law

DECEMBER 23, 2022

The United States Patent and Trademark Office issued Patent Nos. D667,080 , D567,015 , D670,356 , and D670,786 (collectively, the asserted patents) to Gema in 2012. The Design Patents are for a variety of powder guns and spray equipment.

Trademark 52

Trademark False Advertising Patent Registration 52

Intepat

OCTOBER 7, 2022

With the introduction of the Designs Act in the year 2000, the Government of India included the advanced provision of safeguarding works with non-functional features in the domain of creative work. Industrial design patents give the person exclusive rights for a new ornamental design of a basic functional item.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

LexBlog IP

FEBRUARY 14, 2023

Utility patents are for functional inventions. Design patents protect the look of something functional, regardless of whether the functional aspects are new. Because of this, a popular use of design patents is to protect the outside of common consumer products. Why would a company want to design a unique typeface?

Design Patent 52

Design Patent Designs Design Patent 52

LexBlog IP

APRIL 19, 2023

Patents A patent permits the owner to exclude others from making, using, offering to sell, selling, or importing the invention of the patent. There are two types of patents that Amazon sellers should be familiar with, utility patents and design patents.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

The IP Law Blog

JANUARY 18, 2024

For example, a trade secret can be a manufacturing process, recipe, distribution method for products, research and development information, software algorithm, list of ingredients, list of suppliers, list of customers, pricing strategy, business plan, or advertising strategy.

Confidentiality 113

Confidentiality Invention Business Artistic Work 113

SpicyIP

NOVEMBER 15, 2022

The High Court also noted that merely because the impugned mark’s advertisement occurred in Delhi, the courts of Delhi will not become eligible to adjudicate on the dispute. Khodays Breweries Private vs House Of Khodays Private on 3 November, 2022 (Bangalore District Court). Licensing Ip International S.AR.L

Trademark 105

Trademark Patent Copyright Designs 105

LexBlog IP

JANUARY 18, 2024

For example, a trade secret can be a manufacturing process, recipe, distribution method for products, research and development information, software algorithm, list of ingredients, list of suppliers, list of customers, pricing strategy, business plan, or advertising strategy.

Confidentiality 52

Confidentiality Invention Business Artistic Work 52

SpicyIP

FEBRUARY 13, 2023

Delhi High Court directs Registry to advertise KFC’s ‘Chicken Zinger’ trademark. Case: Kentucky Fried Chicken vs The Registrar Of Trade Marks on 7 February, 2023 (Delhi High Court) Delhi High Court set aside the impugned order and directed the Respondent to advertise KFC’s Chicken Zinger trademark.

Designs 52

Designs Design Trademark Cease and Desist 52

azrights

OCTOBER 27, 2021

Firstly, the company had the right legal agreement with the designers of its iconic bottle shape when it commissioned the bottle design so that it would own the rights in the bottle design. This initial design registration gave the company a way to preserve the uniqueness of the shape to the Coca Cola brand.

Branding 52

Branding Brands Branding Copying 52

43(B)log

FEBRUARY 24, 2024

Other examples: design patent, as Sarah Burstein has writte n. I also don’t think used, grey market, expired/near expired, repackaged goods, mishandled goods are infringing or counterfeit; the problem if any is that they’re falsely advertised. The judge isn’t hearing that they’re not counterfeiters. NYU Press, 2016).

Fair Use 45

Fair Use Branding Brands Branding 45

43(B)log

AUGUST 12, 2021

Several modern-day remedies were enacted to reduce the risk that IP owners would otherwise be able to recover only nominal damages—reasonable royalties for patents; statutory damages for © infringement; disgorgement of total profits for infringement of design patents.

IP 90

IP Licensing Law Reporting 90

Chicago IP

MAY 7, 2021

The case was different in two important respects: 1) plaintiff sought to file anonymously; and 2) the asserted IP was a design patent, instead of a trademark. Additionally, the Court ordered Doe Plaintiff to show cause as to how it could file a single patent suit against 200+ defendants for selling unrelated products.

Patent 75

Patent Design Patent Advertising Advertising 75

LexBlog IP

JULY 5, 2022

The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. Design patents are great for new designs that are expected to be sold beyond a single year or season. ” [8].

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

Above the Fold

JULY 5, 2022

The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. Design patents are great for new designs that are expected to be sold beyond a single year or season.

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

SpicyIP

OCTOBER 23, 2023

. &Anr vs Cuckos Pharmaceutical Private on 13 October, 2023 (Delhi High Court) The plaintiff sought an interim injunction from the court, restraining the defendant from infringing the suit patent for ‘FLURALANER,’ sold as ‘Bravecto’ which is used to treat tick fever, ticks, and fleas in animals.

Designs 52

Designs Design Music IP 52

SpicyIP

DECEMBER 30, 2023

Eventually, Johnson and Johnson announced that it would no longer enforce their patents for Bedaquiline (brand name: Sirturo) which is used in the treatment of multidrug-resistant tuberculosis (MDR-TB) in 134 low- and middle-income countries. Controller of Patents & Designs Patent Office Mumbai.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

FEBRUARY 3, 2024

Stiffel: invalidated patent on another midcentury modern lamp. Attributed to Jens Risom, 1950s: a daybed can’t get a design patent, would need to flip up and fry an egg. Herman Miller makes catalogs like coffee-table books, pushing the idea of the celebrity designer (even though they weren’t exclusive to Herman Miller).

Designs 59

Designs Design Law Design Patent 59

43(B)log

JUNE 24, 2022

Typically D argues that I’m using the term in mere advertising copy/not in a TM space. It’s text and not design so we don’t call it ornamentality. Wal-Mart is, in part, an expression of the belief that consumers are not particularly malleable when it comes to product design.] O2 Holdings/comparative advertising.

Trademark Law 56

Trademark Law Law Trademark Fair Use 56